HomeMy WebLinkAboutTR-09/13/2023 Glenn Goldsmith,President ``�QF SU!/TTown Hall Annex
A.Nicholas Krupski,Vice President V� O01
0 54375 Route 25
P.O. Box 1179
Eric Sepenoski l Southold,New York 11971
Liz Gillooly
Elizabeth Peeples � � Q Telephone(631) 765-1892
Fax(631) 765-6641
COUNTy,�
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Minutes
Wednesday, September 13, 2023 OCT
9 2023
5:30 PM
Present Were: Glenn Goldsmith, President �� ��i�pl' �'p Clerk
A. Nicholas Krupski, Trustee
Eric Sepenoski, Trustee
Liz Gillooly, Trustee
Elizabeth Peeples, Trustee
Elizabeth Cantrell, Senior Clerk Typist
Lori Hulse, Board Counsel
CALL MEETING TO ORDER
PLEDGE OF ALLEGIANCE
TRUSTEE GOLDSMITH: Good evening and welcome to our Wednesday
September 13th, 2023 meeting'. At this time I would like to call
the meeting to order and ask that you please stand for the
Pledge of Allegiance.
(Pledge of Allegiance is recited) .
I'll start off the meeting 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. With us tonight is Court Stenographer Wayne
Galante, and from Conservation Advisory Council we have Inga
VanEysden.
Agendas for tonight's meeting are posted on the Town's
website and are also located out in the hallway.
We do have a number of postponements tonight. The
postponements in the agenda, page six, under Amendments,
Number 1, Michael Kimack on behalf of CAROLINE TOSCANO requests an
Amendment to Wetland Permit #10281 to establish a 4 ' wide by 10'
long path through the Non-Turf Buffer area leading to (and over
the established Buffer areas) , a proposed raised 4 ' wide by 80'
long catwalk with 4 ' wide staircase to ground at landward end
leading to a 4'x46' catwalk to a 31x12 ' aluminum ramp to an
Board of Trustees 2 September 13, 2023
18 .7 'x6' floating dock with a 2'x4 'bump-out for ramp situated in
an "L" configuration and secured by two sets of two (2) dauphin
pilings at each end; catwalk to have Thru-Flow decking_
throughout with pressure treated pilings set at 8 ' on-center;
total length of catwalk is 126 linear feet.
Located: 610 Jacksons Landing, Mattituck. SCTM# 1000-113-4-8,
has been postponed.
On page seven, 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
6.51x53' fixed dock with a 111x11' fixed portion in an "L"
configuration; existing 3.51x12' ramp and existing 8 'x20'
floating dock; the 6.5'x53' fixed dock and 11'x11' fixed portion
in the "L" configuration to remain; remove existing ramp, float
and two piles and install a new 4'x20' ramp with rails and an
8'x18' floating dock situated in an "I" configuration secured by
four piles; and to install four tie-off piles.
Located: 371 Hedge Street, Fishers Island. SCTM# 1000-10-7-18,
is postponed.
On page ten, Number 11, AS PER REVISED PROJECT DESCRIPTION
RECEIVED ON 9/11/23 Patricia Moore, Esq. on behalf of GWEN HYMAN
requests a Wetland Permit for the existing two-level dwelling
consisting of a 2, 178sq.ft. Upper level and a 2, 868sq.ft. Lower
level that includes utility/storage space; construct a
1, 302sq.ft. Landward addition including attached garage;
construct a 157sq.ft. Front entry court with steps to grade;
construct a ±2412" x ±31' 10" on-grade southerly terrace with
outdoor kitchen and pizza oven on east side of terrace; install
a 28110" long privacy fence/screen along south side of lower
terrace and retain natural vegetation on property line adjacent
to Carpenter Road; reconstruct 4 ' wide steps up to from terrace
to 42 ' 8"x15 ' seaward side deck (to be reconstructed in-place) ,
with a 15'x2416" pergola over portion of deck, and 4 'x41' set of
steps (each segment measures 1315", 13' 91-�", & 13' 91-�") , off
northerly side of deck; construct a 1315"x9' 11" northerly deck
off master bedroom with steps to a 1919"x3012" on-grade patio;
install drywells away from the top of bluff to contain
storm-water runoff; and establish and perpetually maintain a 10'
wide vegetated Non-Turf Buffer area along the top of the bluff.
Located: 4565 Nassau Point Road, Cutchogue. SCTM# 1000-111-9-8 _
On page eleven, Numbers 12, 13, 14 and on page 12, Number
15, have been postponed. They are listed as follows:
Number 12, Patricia Moore, Esq. On behalf of ESTATE OF
RICHARD JENSEN, c/o RICHARD C. JENSEN, JR. , EXECUTOR requests a
Wetland Permit to demolish existing 1, 205sq.ft. Dwelling and
garage, 140sq.ft. Patio/terraces, and abandon existing sanitary
system; construct a FEMA compliant two-story dwelling with
991sq. ft. On first floor, 1, 040sq.ft. On second floor, 414sq.ft.
Attic, a 229sq. ft. Seaward side raised deck with a 108sq. ft.
Splash pool on raised deck with steps to ground and locking
Board of Trustees 3 September 13, 2023
gate; install a ±195.5 linear foot long by 2 2 1--1 foot max. High
retaining wall (covered with veneer stone & cap) around a new
I/A sanitary system and install ±180 cubic yards of fill
material landward of dwelling; install a 3'x4.5 ' outdoor shower;
install an air conditioning unit stand on north side of
dwelling; install a stone blend parking area for two cars; and
install gutter to leaders to drywells, and a drywell for pool
backwash.
Located: 4155 Bay Shore Road, Greenport. SCTM# 1000-53-6-21
Number 13, AS PER REVISED PLANS & PROJECT DESCRIPTION
RECEIVED ON 8/25/2023 AMP Architecture on behalf of STEPHEN &
FORTUNE MANDARO REVOCABLE LIVING TRUSTS requests a Wetland
Permit to remove the existing 41x4 ' outdoor shower, 6'x5' front
entry stoop, 418sq.ft. at grade rear brick patio, 2016"x2016"
(420sq.ft. ) Rear portion of existing roof, existing septic
system and existing foundation locust posts; for the existing
40'3 '-,i"x20' 6" (800sq.ft. ) One-story dwelling and to lift and
construct additions to the dwelling consisting of an open
foundation with breakaway walls using approximately (15) 10"
diameter wood pilings; an 8 'x14' 6" (116sq. ft. ) Two-story
addition; a 20' 6"x16' 6" (338sq.ft. ) Second floor addition; a
21x7' , 41x2016" (total 96sq.ft. ) Second story seaward balcony; a
6'x8 ' (48sq.ft. ) Front covered porch with steps to ground; a
3'x11' 4" (34sq. ft. ) Rear entry stairway; a 4 ' 6"x11'7" mechanical
platform; a 41x416" (16.5sq.ft. ) Outdoor shower (open to above) ;
install a new I/A OWTS system within raised grade held by .
retaining walls; install 5'x4018" front, 5 'x45 '3" side, and
5'x21'5" rear retaining walls (total 1, 083sq.ft. Surface area,
112. 6 linear feet of 418" high wall) with 3' high fence along
top, and 4 'x5' rear and 4'x9' front steps to ground;
approximately 2,760 cubic feet of earth to be removed for
proposed septic system components excavation, all to remain on
site for backfill; and 5, 415 cubic feet to be used for proposed
regrading; install a new 732sq.ft. Permeable gravel driveway;
install one (1) 6'x4' deep drywell to contain roof runoff; and
to install and perpetually maintain a 10' wide vegetated
non-turf buffer along the landward edge of wetland vegetation.
Located: 2135 Bay Avenue, East Marion. SCTM# 1000-31-17-4
Number 14, Michael Kimack on behalf of WILLIAM MACGREGOR
requests a Wetland Permit to remove existing wood dock, ramp,
floating dock and pilings; construct a proposed 4 'x70' raised
fixed catwalk with Thru-Flow decking throughout and secured with
ten (10) rows of 8" diameter pressure treated pilings at 8 '
on-center set 3' above finished deck; install a 4 'x 5 ' pressure
treated wood staircase off of landward end of catwalk; install a
3'x14 ' aluminum ramp; install a 6'x20' floating dock (decking to
be marine grade 0/E) , situated in an "I" configuration and
secured with two (2) 10" diameter pressure treated anchor
pilings; abandon approximately 30' of existing pathway and
create approximately 41x30' of new pathway to connect to new
I
Board of Trustees 4 September 13, 2023
dock location.
Located: 1120 Broadwaters Road, Cutchogue. SCTM# 1000-104-9-2
Number 15, AS PER REVISED PLAN & PROJECT DESCRIPTION
RECEIVED ON 5/10/2023 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; construct a 38 ' long by 2' wide by 12"
to 24" high landscape wall with a 3' wide by 8"-12" high stone
step; 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 (i.e. one (1) 24'L x 4'W
trench and one (1) 22 'L x 4 'W trench) ; and for the existing
84sq.ft. Shed.
Located: 5605 Stillwater Avenue, Cutchogue. SCTM# 1000-137-4-3.2
Under Town Code Chapter 275-8 (c) , files were officially
closed seven days ago. Submission of any paperwork after that
date may result in a delay of the processing of the application.
I. NEXT FIELD INSPECTION:
TRUSTEE GOLDSMITH: At this time I'll make a motion to have our
next field inspection October 11th, at 8:00 AM. Do I have a
second?
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, October 18th, 2023 at 5:30 PM at the Town
Hall Main Meeting Hall.
TRUSTEE PEEPLES: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
III. WORK SESSION:
TRUSTEE GOLDSMITH: I make a motion to hold our next work
Board of Trustees 5 September 13, 2023
session is Monday, October 16th, 2023 at 5 :OOPM at the Town Hall
Annex 2nd floor Executive Board Room; and on Wednesday, October
18th, 2023,- at 5: 00PM at the Main Town Hall Meeting Hall.
TRUSTEE SEPENOSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
IV. MINUTES:
TRUSTEE GOLDSMITH: I make a motion to Approve the Minutes of
August 16th, 2023.
TRUSTEE GILLOOLY: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL-AYES) .
V. MONTHLY REPORT:
TRUSTEE GOLDSMITH: The Trustees monthly report for August 2023.
A check for $22, 434 . 10 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:
i
TRUSTEE GOLDSMITH: RESOLVED that the Board of Trustees of the
Town of Southold hereby finds that the following applications
more fully described in Section XI Public Hearings Section of
the Trustee agenda dated Wednesday, September 13, 2023 are
classified as Type II Actions pursuant to SEQRA Rules and
Regulations, and are not subject to further review under, SEQRA.
That is my motion. They are listed as follows:
Lawrence Tuthill & Nora Tuthill Glueck SCTM# 1000-117-5-14 . 1
Katherine Tuthill & Ors. SCTM# 1000-117-5-49. 1
NAR Development Corp. SCTM# 1000-70-5-24. 1
Stephanie L. Teicher SCTM# 1000-111-15-8.2
Estate of ,Richard Jensen, c/o Richard C. Jensen, Jr. , Executor
SCTM# 1000-53-6-21
Gwen Hyman SCTM# 1000-111-9-8
Constance Levy SCTM# 1000-94-1-2
David & Mary Desetta SCTM# 1000-35-4-14
Mary McKay SCTM# 1000-72-1-1.8
Goldsmith' s Boat Shop SCTM# 1000-56-7-1
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
Board of Trustees 6 September 13, 2023
VIII. RESOLUTIONS - ADMINISTRATIVE PERMITS:
TRUSTEE GOLDSMITH: Under Resolutions - Administrative Permits,
the Trustees regularly groups together items that are minor or
similar in nature. Accordingly, I'll make a motion to approve
as a group Items 1 through 3, as follows:
Number 1, Debbie Orlando on behalf of JOSEPH SBARRA
requests an Administrative Permit for the demolition of the
existing dwelling and to abandon the existing sanitary system.
Located: 2590 Cox Neck Road, Mattituck. SCTM# 1000-113-8-6
Number 2, Patricia C. Moore, on behalf of KEVIN & ELIZABETH
HUDSON requests an Administrative Permit for an electric line to
be extended from the existing shed to the end of the fixed dock,
a distance of 150 lf; and for a 52 ' water line from existing
hose bib to the end of fixed dock. Located: 680 Deep Hole
Drive, Mattituck. SCTM# 1000-115-12-9
Number 3, PAUL & CAROLYN AZZARITI request a Ten (10) Year
Maintenance Permit to hand-cut Common Reed (Phragmites
australis) to not less than 12" in height by hand, as needed.
Located: 1175 Waterview Drive, Southold. SCTM# 1000-78-7-15
TRUSTEE PEEPLES: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
IX. APPLICATIONS FOR EXTENSIONS/TRANSFERS/ADMINISTRATIVE
AMENDMENTS:
TRUSTEE GOLDSMITH: Again, in order to simplify our meeting, I'll
make a motion to approve as a group Items 1 through 10 and 13
through 20, as follows:
Number 1, William A. Prydatko on behalf of WILLIAM A.
PRYDATKO, JANE MARIE PRYDATKO & CHRISTINE MARIE PRYDATKO
requests a One (1) Year Extension to Wetland Permit #10034, as
issued on November 17, 2021.
Located: 230 Wiggins Lane, Greenport. SCTM# 1000-35-4-28.41
Number 2, STICKS & STONES OUTDOORS, LLC requests a Final
(1) Year Extension to Wetland Permit #9739, as issued on October
28,' 2020.
Located: 3995 Wells Avenue, Southold. SCTM# 1000-70-4-1
Number 3, En-Consultants on behalf of 500 GLENN ROAD LLC
requests a Transfer of Wetland Permit #9996 from Kathleen Foley
to 500 Glenn Road LLC, as issued on September 15, 2021; and for
a One (1) Year Extension to Wetland Permit #9996, as issued on
September 15, 2021.
Located: 500 Glenn Road, Southold. SCTM# 1000-78-2-23
Number 4, DONNA SNYDER DUNNING requests a Transfer of
Wetland Permit #10203 from Charles Snyder to Donna Snyder
Dunning, as issued on August 17, 2022.
Located: 704 Wiggins Lane, Greenport. SCTM# 1000-35-4-28.24
Number 5, BRIAN & LAURA FLANAGAN requests a Transfer of
Board of Trustees 7 September 13, 2023
Wetland Permit #9376 from TeamC99A Properties, LLC to Brian &
Laura Flanagan, as issued on December 12, 2018 . Located: 980
Oak Avenue, Southold. SCTM# 1000-77-1-6
Number 6, BRIAN & LAURA FLANAGAN requests a Transfer of
Wetland Permit #5692 from TeamC99A Properties, LLC to Brian &
Laura Flanagan, as issued on January 22, 2003.
Located: 980 Oak Avenue, Southold. SCTM# 1000-77-1-6
Number 7, Patricia C. Moore on behalf of JOHN COSENZA
requests a Transfer of Wetland Permit #5528 from Arthur &
Frances June Leudesdorf to John Cosenza, as issued on April 26,
2002.
Located: 1700 Hyatt Road, Southold. SCTM# 1000-50-1-5
Number 8, VINCENT & PATRICE LEONE request a Transfer of
Wetland Permit #4645 from John & Mary Irving to Vincent &
Patrice Leone, as issued on August 29, 1996.
Located: 1620 Broadwaters Road, Cutchogue. SCTM# 1000-104-9-8
Number 9, Patricia C. Moore, on behalf of JOSEPH BUCZEK &
CHRISTINA SPORNBERGER requests a Transfer of Wetland Permit
#5171 from Bernard Kiernan to Joseph Buczek & Christina
Spornberger, as issued on May 24, 2000 and Amended on June 21,
2000.
Located: 1605 North Parish Drive, Southold. SCTM# 1000-71-1-15
Number 10, Patricia C. Moore, on behalf of JOSEPH BUCZEK &
CHRISTINA SPORNBERGER requests a Transfer of Wetland Permit
#10236 from Kenneth & Elizabeth McCulloch to Joseph Buczek &
Christina Spornberger, as issued on October 19, 2022.
Located: 1605 North Parish Drive, Southold. SCTM# 1000-71-1-15
Number 13, Ryall Sheridan Carroll Architects on behalf of
NICOLE ECKSTROM & CARLOS SAAVEDRA requests an Administrative
Amendment to Wetland Permit #10336 to install 4' high cedar
fencing around a portion of property totaling 437 linear feet,
of which 591f of fence would be on the north side of the
property and 811f on the south side of the property, which is
within 100 of the wetland boundary. Located: 590 Haywaters
Drive, Cutchogue. SCTM# 1000-104-5-22
Number 14, AMP Architecture on behalf of LISA & DAVID
CIFARELLI requests an Administrative Amendment to Wetland Permit
#10078 to construct a 785sq.ft. @grade stone patio with steps
(12sq. ft. ) And ramp (31sq.ft. ) In lieu of the previously
permitted 519sq.ft. @grade stone patio; construct three (3)
boardwalks; 78. 4sq. ft. , 221.6sq.ft. & 162. lsq.ft. With
35.4sq.ft. Steps; construct steps to patio (21.5sq. ft. ) ;
entirety of rear & side yards to be sand (+/-6, 563. 9sq. ft) in
lieu of previously permitted 10' wide sand non-turf buffer along
landward side of existing bulkhead.
Located: 2672 Great Peconic Bay Blvd. , Laurel. SCTM# 1000-128-6-13.3
Number 15, JOHN & STELLA SCOURAKIS request an
Administrative Amendment to Wetland Permit #6965 for an as-built
20'x45 ' on-grade paver stone patio.
Located: 955 Soundview Avenue Extension, Southold.
Board of Trustees 8 September 13, 2023
SCTM# ,1000-50-2-10&11
Number 16, McCarthy Management, Inc. , on behalf of LAWRENCE
& IRENE SCAVELLI requests an Administrative Amendment to Wetland
Permit #10329 to increase the size of the second story balcony
to 456sq.ft. In lieu of the originally permitted 257sq.ft. ' First
floor deck roof and 40sq. ft. Second story balcony.
Located: 1010 Maple Lane, Greenport. SCTM# 1000-35-5-27
Number 17, AMP Architecture on behalf of WILLIAM JIMENEZ
requests an Administrative Amendment to Wetland Permit #10403 to
construct a 2 Story Frame House & Garage: 1, 750 SF, 50'x25' &
20'x25' (Garage) in lieu of the previously approved 50'x25 '
two-story dwelling with a 221x25' garage (1, 896sq.ft. Combined) ;
Front Covered Porch: 345 SF, 8'x43' in lieu of the previously
approved 8 'x34' (272sq. ft. ) Front covered porch; Proposed
Breezeway: 80 SF, 8 'x10' in lieu of previously approved 8 'x20'
(160sq.ft. ) Breezeway; Proposed Concrete Aprons: 100 SF 4 'x18'
& 2 'x14' in lieu of previously approved 81x18 ' and 2 'x20'
(184sq.ft. ) Concrete aprons; AC & Generator on Conc. Slabs: 36
SF in lieu of previously approved 30sq.ft. Aprons; Install
Drywells: (5) @ . 8 'Dia. X 31D in lieu of previously approved
seven (7) drywells; to install 6' high deer fending at rear and
sides of property, approx. 334 lf; establish and perpetually
maintain a 7 ' wide vegetated non-turf buffer at rear of property
in lieu of previously conditioned split rail fence 15' off
seaward side of property line and non-disturbance buffer.
Located: 23900 Route 25, Cutchogue. SCTM# 1000-109-3-1
Number 18, Creative Environmental Design on behalf of NORTH
PARISH DRIVE, LLC requests an Administrative Amendment to
Wetland Permit #10124 for the removal of black cherry trees and
removal of weeds and locust saplings within the non-turf area;
and for a proposed planting of native species within the
non-turf area of Sweet pepperbush, Rosa Rugosa, Big blue stem,
Lowbush blueberry, Pennsylvania sedge grass, Carex Albiran;
Carex Divulsa, Blue fescue, switch grass and soft rush.
Located: 495 North Parish Drive, Southold. SCTM# 1000-70-1-5
Number 19, En-Consultants on behalf of ANDREW FOHRKOLB
requests an Administrative Amendment to Wetland Permit #9465 for
the as-built 92sq.ft. Grade-level masonry patio and 47sq. ft.
Grade-level concrete pad adjacent to previously approved gravel
patio; surrounded by approximately 371f of 3' high concrete
retaining wall; and adjacent stepping stones. Located: 1335
Fleetwood Road, Cutchogue. SCTM# 1000-137-4-30
Number 20, En-Consultants on behalf of DAVID SCHULTZ
requests an Administrative Amendment to Wetland Permit #9375 for
the as-built 4 ' wide stone paver walkway and associated
grade-level entry landings; as built 14 'x17 ' grade-level masonry
patio; and establishment of additional 5' wide non-turf buffer
to be vegetated with native plantings, thus increasing width of
existing buffer from 10' to 151 .
Located: 2745 Wickham Avenue, Mattituck. SCTM# 1000-139-2-3
Board of Trustees 9 September 13, 2023
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE KRUPSKI : Number 11, Patricia C. Moore, on behalf of
JOSEPH BUCZEK & CHRISTINA SPORNBERGER requests a Transfer of
Administrative Permit #6713A from Bernard and Carol Kiernan to
Joseph Buczek & Christina Spornberger, as issued on September
19, 2007 .
Located: 1605 North Parish Drive, Southold. SCTM# 1000-71-1-15
Trustee Peeples conducted a field inspection September
11th, 2023, noting that the project was never completed and that
the permit has expired.
As such, since the work was never done, I 'll make a motion
to deny this application.
TRUSTEE PEEPLES: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE GOLDSMITH: Number 12, Patricia C. Moore, on behalf of
JOSEPH BUCZEK & CHRISTINA SPORNBERGER requests a Transfer of
Administrative Permit #6713A from Bernard and Carol Kiernan to
Joseph Buczek & Christina Spornberger, as issued on September
19, 2007.
Located: 1605 North Parish Drive, Southold. SCTM# 1000-71-1-15
Again, Trustee Peeples did a field inspection September
11th, 2023, noting that on this application work was not
completed either and that the original permit has expired.
As such I'll make a motion to deny this application.
TRUSTEE PEEPLES: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
X. MOORINGS/STAKE & PULLEY SYSTEMS:
TRUSTEE GOLDSMITH: Under Moorings/Stake & Pulley Systems, I 'll
make a motion to approve Number 1, BONNIE NAULT requests a
Mooring Permit for a mooring in East Creek for a 19' sail boat,
replacing Mooring #731. Access: Public
TRUSTEE GILLOOLY: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
XI. PUBLIC HEARINGS:
Under Roman numeral XI, Public Hearings. At this time I'll make
a motion to go off of our regular meeting agenda and enter into
the Public Hearings.
TRUSTEE GILLOOLY: Second.
TRUSTEE GOLDSMITH: All in favor?
Board of Trustees 10 September 13, 2023
(ALL AYES) .
TRUSTEE GOLDSMITH: This is a public hearing in the matter of the
following applications for permits under the Wetlands ordinance
of the Town of Southold. I have an affidavit of publication
from the Suffolk Times. Pertinent correspondence 'may be read
prior to asking for comments from the public. Please keep your
comments organized and brief, \five minutes or less, if possible
WETLAND & COASTAL EROSION PERMITS:
TRUSTEE KRUPSKI : Under Wetland & Coastal Erosion Permits,
Number 1, Samuel Fitzgerald, Architect on behalf of LEE & LILI
SIEGELSON requests a Wetland Permit and a Coastal Erosion Permit
for the existing two-story dwelling with a 727sq.ft. Footprint
and attached 966sq. ft. Wrap-around covered porch; construct a
362sq. ft. Two-story addition onto landward side of dwelling;
construct a 181sq.ft. Second story addition within the footprint
of the existing dwelling; construct a 297sq.ft. Front covered
entry porch; expand existing screened porch an additional
79sq.ft. In the existing covered porch; temporarily lift
dwelling to construct a new 967sq.ft. Foundation; and
reconstruct existing steps to ground off of porch.
Located: 2046 Peninsula Road, Fishers Island. SCTM# 1000-10-3-10
The Trustees most recently reviewed the application on
September 11th. It was an inhouse review. Prior to that, the
location was visited August 14th; needed clarification on the
percentage of the addition, and to look into the buffer and/or
add a vegetated buffer. Should be noted that I'm in receipt of
plans showing a 15-foot vegetated non-turf buffer.
The LWRP coordinator found this to be inconsistent. A
portion of the single-family residence is within the CEHA. The
expanded screen porch is located within the CEHA. The structure
is located within FEMA flood zone AE, elevation eleven,
expansion of the structure in a structural hazard area is not
supported.
The Conservation Advisory Council resolved to support this
application.
Is there anyone here that wishes to speak regarding the
application?
MR. FITZGERALD: Yes. Sam Fitzgerald, architect for the project,
on behalf of the owners.
I think that, you know, this is a small house and it's a
small addition to the overall built structure. All of the
additions are on the landward side of the house, and we have
submitted a revised site plan with the buffer, so I think in
that regard, the project is minimal. in nature.
TRUSTEE KRUPSKI: Thank you. Is there anyone else that wishes to
speak regarding this application, or any additional comments
from Members of the Board?
Board of Trustees 11 September 13, 2023
(Negative response) .
Hearing no additional comments, I'll make a motion to close the
hearing.
TRUSTEE GOLDSMITH: Second. All in favor?
(ALL AYES) .
TRUSTEE KRUPSKI: I make a motion to approve this application
with the plans -- approve the Wetland and Coastal Erosion permit
for this application, with the plans stamped received August
16th (perusing) -- I'm going to restart that motion.
I make a motion to approve the Wetland permit and Coastal
Erosion permit for this application based off the plans stamped
received in the office August 16th, 2023, noting that after
review of this site in the field it thereby brings this project
into consistency with the LWRP coordinator.
TRUSTEE GOLDSMITH: Second. All in favor?
(ALL AYES) .
TRUSTEE SEPENOSKI: Number 2, AS PER REVISED PLANS & PROJECT
DESCRIPTION RECEIVED ON 9/5/23 AMP Architecture on behalf of
LITTLE POQUATUCK, LLC, c/o PARISA GOLESTANEH requests a Wetland
Permit and a Coastal Erosion Permit to construct a ,
14'11"x37' 9.5"x13' 1"x2515.5"x1' 10"x12' 4" (517sq.ft. ) In-ground
pool with additional 10" coping surround; install a 710"x12 '4"
(86.3sq.ft. ) Hot tub with additional 10" coping surround;
install a 553.7sq.ft. On-grade pool patio; install ±278 linear
feet of pool enclosure fencing, install a 41x8 ' pool drywell,
install a pool equipment area; for the existing 2514"x6118",
910"x4918", 24'x2818" (total 2, 690sq.ft. ) 1-1-i2 story dwelling
with attached garage; existing 14'x3614" (504sq.ft. ) Concrete
patio with steps; existing 516"x23'4" (128sq.ft. ) Front porch
with steps; existing 3' 6"x6' 9" side entry platform and steps to
ground; remove and reconstruct 4110"x6' seaward side entry
platform and steps to ground; remove existing bilco door on
northerly side and construct a 418"x14 ' (64 . 6sq.ft. ) Exterior
stair for basement entry on southerly side of dwelling; relocate
existing a/c unit; and to establish and perpetually maintain a
15' wide non-turf buffer area along the landward side of the
bulkhead.
Located: 960 Willow Terrace Lane, Orient. SCTM# 1000-26-2-21
The Trustees did an inhouse review on this application on
September 11th, 2023. The notes from our inhouse review say
that we studied the new plans that were submitted September 6th,
2023.
Prior application, iteration of this application, from the
LWRP's point of view was inconsistent, and the Conservation
Advisory Council also found the project to be inconsistent when
reviewing a prior version of this. The new plans address the
concerns of both ,the LWRP and the Conservation Advisory Council
with respect to the pool and proximity to the Coastal Erosion
Hazard Area line.
Board of Trustees 12 September 13, 2023
I welcome comment from the public.
MR. PORTILLO: Good evening, Board. Anthony Portillo, AMP
Architecture.
I just wanted to state that we did do a couple of other
things besides redesign the pool. One is adding hot tub onto
the pool so it will be all in the same level, and we removed,
due to kind of resizing the pool, we decided to remove the deck
that was off of the existing master bath -- the bedroom and just
add the landing of the stairs that sort of helps with our lot
coverage. We also had to remove the Bilco that was on that side
of the home, so we are just adding basement entry stair on the
other side of the home. And in place of that Bilco we are
proposing an outdoor shower. Those were the things that were
added along with changing the design of the original swimming
pool.
TRUSTEE SEPENOSKI: In our private hearing we asked the swimming
pool be pulled into line with the existing concrete patio, which
the plans I have in my hand now show that is the case. Thank
you.
MR. PORTILLO: Yes, thank you.
TRUSTEE SEPENOSKI: Any comments from the public?
(Negative response) .
Members the Board?
(No response) .
TRUSTEE SEPENOSKI: Just in reviewing the photographs and
discussing this at work session. We notice that there is a
proposed 15-foot sand buffer between the existing bulkhead and
the top of bluff, and that there is a grass lawn that extends to
the top of,. slope of that bank rather, and that the Trustees
found that a vegetated non-turf buffer would be appropriate in
that sand area to mitigate runoff, and for that erosion. We
also felt that increasing the buffer ten feet landward of top of
slope would also mitigate any nitrogen runoff into the waters of
Orient Harbor.
So in total I'm proposing the addition of a 25-foot
vegetated non-turf buffer from the existing bulkhead landward,
which would give it a nice vegetated buffer to mitigate those
concerns.
MR. PORTILLO: I don't think -- unfortunately, I'm not able to
agree to that without discussing it with the clients first. It
obviously takes up a decent amount of their rear yard, so.
TRUSTEE SEPENOSKI: And the thought behind it would be that the
addition of the pool on the property in that area would be a
give-and-take with respect to the environmental concerns on it.
MR. PORTILLO: I understand. It does seem that, is there any
consideration of maybe a 20-foot non-turf buffer instead of 25?
My reasoning is they are really left with like a small rear yard
by making that buffer that large.
TRUSTEE KRUPSKI: It' s not really that large of a buffer. The
15-feet is on the slope already, so that's unusable and should
Board of Trustees 13 September 13, 2023
be almost a protected feature, right?
MR. PORTILLO: Right.
TRUSTEE KRUPSKI : So if the bulkhead wasn't there, that would
probably be a bluff and it would probably slope directly into
the bay, into Orient Harbor there.
It' s really just ten feet of sloped, you know, vegetated
buffer that we are talking about, that is taking up yard space,
which if we are going to go back and forth about that, if we
don't have a pool there, you have more yard space. So if they
want more yard space there, that's an option.
MR. PORTILLO: I understand. I mean, I get, the only issue is me
giving that approval to that. I just don't think I have the
right to do that. I would want to speak to them, obviously.
But if we were to say yes, they could obviously apply for an
amendment and come back to discuss that with the Board directly.
TRUSTEE SEPENOSKI: Yes. That' s up to you. That's up to your
client. I'm comfortable with the 25-foot that I mentioned.
TRUSTEE KRUPSKI: You can always apply to come back. But that's
not -- we are not really looking, it's not like, oh, here's the
pool, we'll talk about the buffer later. That's not really the
case.
MR. PORTILLO: So I'm just thinking. Because it didn't come up
at the last hearing, otherwise I would have had that discussion
prior to this.
Um, I guess it probably would be best that I have that
conversation with them, just because I don't think I should make
that decision.
TRUSTEE GOLDSMITH: So you are requesting to table?
MR. PORTILLO: Unfortunately, yes. If it came up last hearing I
would have discussed it with them, because that offer was there
and that was not something we discussed last hearing.
MS. HULSE: It's really not an offer. It's really what the
Trustees are deciding to do. It' s not a negotiation. That's the
bottom line.
MR. PORTILLO: I guess then let's go with that and then if they
have a problem with it, they'll have to --
TRUSTEE SEPENOSKI: Would anyone else like to speak regarding
this application?
(No response) .
Hearing no further comment, I make a motion to close the
hearing.
TRUSTEE PEEPLES: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE SEPENOSKI: I make a motion to approve the application
with the condition of a 25-foot vegetated non-turf buffer extend
landward from the existing bulkhead, and new plans depicting
the 25-foot vegetated non-turf buffer, thereby bringing into
consistency with the LWRP's concerns.
TRUSTEE KRUPSKI: Second.
Board of Trustees 14 September 13, 2023
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
MR. PORTILLO: Thank you, Board.
TRUSTEE GOLDSMITH: Thank you.
WETLAND PERMITS:
TRUSTEE GILLOOLY: Under Wetlands permit, Number 1, Inter-Science
Research Association, Inc. on behalf of MIMN HOLDING, LLC, c/o
NICHOLAS NOTIAS requests a Wetland Permit to demolish existing
1, 259sq.ft. Two-story dwelling with 526sq.ft. Garage, 469sq.ft.
Porch, 1, 002sq. ft patio, 17sq.ft. Shower, and all other
accessory structures; construct a 5, 144sq.ft. Two-story
dwelling; construct a 960sq.ft. Pool on seaward side of
dwelling; construct a 2, 907sq.ft. Of covered terrace and open
terrace between dwelling and pool, and courtyard area for -
basement egress on southerly side of dwelling; an ±8 'x11' north
patio entrance with steps to ground; abandon existing sanitary
system and install a new I/A OWTS sanitary system; and install a
system of gutters and leaders to drywells to contain roof
runoff; provide a drywell for pool; install pool equipment, a/c
unit and generator areas; establish and perpetually maintain a
10' wide Non-Turf Buffer area landward of the "Zone X" line, and
that the areas seaward of the "Zone X" line be established and
perpetually maintained as a Non-Disturbance Buffer area with a
4 ' wide access path through the Non-Turf and Non-Disturbance
Buffer areas; and for an trees removed, a 1 to 1 tree
replacement using 2 1-1" caliper size trees.
Located: 450 Paradise Point Road, Southold. SCTM# 1000-93-1-3
The Trustees most recently visited the site to view the
staking on September 6th, 2023, noting to question tree removal
quantity near seaward corner of house; two-to-one replacement of
trees.
The LWRP reviewed this application and found it to be
inconsistent. The inconsistencies are to 6.3, protect and
restore tidal and freshwater wetlands. It is unclear why the
setbacks to the structure is measured from high water mark. A
beach is a tidal wetland. Verify the wetland vegetation limits
and the line to establish accurate setbacks.
And 4 . 1, minimize loss of human life and structures from
flooding and erosion hazards, noting that this parcel is
partially located in FEMA flood zone VE, and AE-6 and 8;
structure in and near these areas should be avoided and
minimized due to repetitive loss from storm surge and flooding.
The Conservation Advisory Council reviewed this application
and resolved not to support the application, because all
proposed structures should be setback at least 100 feet from the
wetland boundary in compliance with Chapter 275.
Is there anyone here wishing to speak regarding this
application?
Board of Trustees 15 September 13, 2023
MR. WALKER: Jim Walker from Inter-Science on behalf of Nick
Notias.
I believe the Board has already reviewed this and approved
it at a prior time. The permit was out of date. A permit
application was made to renew it.
My office took care of getting the surveyor to stake the
property, making sure the architectural plans and the
engineering plans matched, and we took off a planter on the
front of the swimming pool so that it complies with the swimming
pool fence requirements.
Again, it' s a simple renewal. The wetlands line that was
shown on the survey was part of the old project that was
approved prior. There is a vegetated buffer, ten-feet wide.
The house is retreating and we are going to plant Red Maple
trees along the driveway to compensate for any trees that are
lost.
So I think we met all the requirements of the Board of
Trustees.
TRUSTEE GILLOOLY: Thank you, so much. In the description of the
project, we've noted that there is a one-to-one tree replacement
for any tree that is lost during the construction. I think the
Trustees have discussed the idea of a two-to-one tree
replacement instead of one-to-one.
MR. WALKER: It's a wide piece of property. We'll comply. I
gave the Board of Town Trustees a planting plan for the trees.
As you can see, there is a long driveway. We'll figure out
something that the Trustees can live with.
TRUSTEE GILLOOLY: Thank you. Is there anyone else here wishing
to speak regarding this application?
(Negative response) .
Any questions or comments from the Board?
(Negative response) .
Hearing none, I make a motion to close this hearing.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE GILLOOLY: I make a motion to approve this application
with a two-to-one replacement of trees with native hardwood,
with a minimum of two-and-a-half caliper size, and new plans
depicting; and by issuing a permit and reviewing this site and
the wetlands line, the Trustees are thereby bringing this into
consistency with the LWRP.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
MR. WALKER: We'll submit new plans right away. He' s anxious to
get building.
TRUSTEE GILLOOLY: Thank you.
TRUSTEE SEPENOSKI : Thank you.
TRUSTEE GOLDSMITH: Thank you.
Board of Trustees 16 September 13, 2023
L
TRUSTEE PEEPLES: Number 2, David Bergen on behalf of LAWRENCE
TUTHILL & NORA TUTHILL GLUECK requests a Wetland Permit for the
existing 4 'x18' 6" catwalk (decking to be replaced using
Thru-Flow decking) and 2' 8"x12 ' ramp leading to floating docks
consisting of a 3'x80' 6" northern floating dock including three
5'x20' finger floating docks, each with an anchor pile; leading
to a 5'x20' westward floating dock to a 51x142 ' floating dock
with 9 anchor piles for a total of 12 anchor piles.
Located: 1400 Old Harbor Road, New Suffolk. SCTM# 1000-117-5-14.1
MR. BERGEN: Good evening. Dave Bergen on behalf of the --
TRUSTEE PEEPLES: Bear with me. I'm going to read through the
rest of this.
MR. BERGEN: Oh, okay.
TRUSTEE PEEPLES: I know you're ready to go.
MR. BERGEN: Go right ahead. You all started looking at me so I
thought I was up.
TRUSTEE PEEPLES: Ah, I had a few papers to move out of the way.
The Trustees most recently visited the site on September
6th, 2023, and noted that all vegetation to remain where
possible; any trees removed to be replaced with native
vegetation; question will area behind bulkhead be re-graded; and
the history of docks to be reviewed at work session.
And I'm in receipt of plans stamped and dated August 30th
of 2023. I would also, I 'm also in receipt of a letter via
e-mail, addressed on the Trustees: A 30-year resident of
Cutchogue, and they note that with the communications I have had
with the applicant over the years, she has assured me that the
family intends, to keep it the way it's always been; a clean,
modest, quiet, updated dock.
I urge the Trustees to approve the much-needed bulkhead
project in New Suffolk. It is a win, win, win for the Town
boaters and maintaining our precious waterfront.
I also have the LWRP in front of me and they find this
project to be consistent, noting number one, turbidity controls
are required pursuant to Chapter 275 of the Southold Town code.
Number two, minimize CCA-treated wood in construction.
And the Conservation Advisory Council resolved to support
this application.
Is there anyone here who wishes to speak in regard to this
application? Mr. Bergen?
MR. BERGEN: Dave Bergen. Good evening, on behalf of the
Tuttle's. And right now we are dealing with the application on
14 . 1, and we have no problem with the request that if any trees
come down as part of this project, I'm not predicting it for
14.1 at all, but if any are affected we are glad to replant of a \
caliper of appropriate size. Again, with 14. 1, it's just there
is no excavation, there is no nothing going on on this one.
TRUSTEE GOLDSMITH: It's just for the docks, right?
MR. BERGEN: Yes, just for the docks, the float, the ramp, permit
all of them.
Board of Trustees 17 September 13, 2023
TRUSTEE PEEPLES: Correct.
MR. BERGEN: So I'm here to answer any questions you might have.
TRUSTEE PEEPLES: I did note on the plan here that, it' s very
helpful to have this red line drawn, for the other application,
and there is a note in the section that does relate to that
low-sill bulkhead. It' s 1A1, that notes a ten-foot non-turf
buffer on the landward side.
So I do not see that on the plan portion of this drawing.
Would you be willing to add that in?
MR. BERGEN: Yes. If you look at the plans, it' s on the
cross-sections of the plans, the ten-foot non-turf buffer.
TRUSTEE PEEPLES: 1A1 and 2A1, correct?
MR. BERGEN: Yes.
TRUSTEE PEEPLES: So then when we are looking at let' s say the
site survey, I guess, is that -- oh, no, I 'm sorry. The site
plan. It' s not depicted on the site plan.
MR. BERGEN: Those two cross-sections, those are on 14 . 1. So
they are on the plan, and I know it' s confusing because we have
two lots we are dealing with. But on this cross-section, that
part that has the ten-foot non-turf buffer is there. I mean we
would be glad to add it to a description or anything else you
would like, I 'm just saying they are there on the cross-sections
for 14 . 1, the ten-foot non-turf buffer.
TRUSTEE PEEPLES: Yes. And, I do see those cross-sections. What
I'm referring to is at the bottom of the page, it is not
depicted there to show us where that would take place.
MR. BERGEN: The overhead site plan.
TRUSTEE PEEPLES: 3A1 site plan, correct. Would you be willing
to update that for us?
MR. BERGEN: Sure.
TRUSTEE PEEPLES: Okay. Thank you. I think that just helps
clarify where that is to take place.
And in the spirit of maintaining as much of the existing
vegetation, would you be willing to have that non-turf buffer as
a vegetated buffer as well?
MR. BERGEN: Right now it is native vegetation. They have not
planted anything there. That is a parking area for the people
of the docks, so we could not plant trees there, we would lose
then the parking area for the docks.
But, you know, obviously it's all sand and dirt and wild
grass that grows there. The whole lot there is --
TRUSTEE PEEPLES: Okay. Sounds good. Thank you.
Is there anyone else who wishes to speak in regard to this
application? Please approach the podium.
MS. HARTUNG: My name is Aida Hartung, and I live right next to
this project.
Okay, I'm having a problem with understanding what the
plans are.
So I'm looking around and I'm, you know, I looked through
the plans many, many times and I just can't, I don't understand
Board of Trustees 18 September 13, 2023
what they want to do.
MR. HARTUNG: (Inaudible comment from the audience) .
MS. HARTUNG: No, no. I'm talking. Okay, I know. We can't read it.
So anyway, we have the first with number eight, and that's
going to be for section 14.1. They want to put, I guess a dock?
I don't know what they want to do there. A long dock? Pier?
TRUSTEE PEEPLES: Yes. So this application, the 14. 1, is in
regard to the catwalk, the ramp, then various, the floating dock
with the floating finger dock.
MS. HULSE: There is a project description in the agenda.
MS. HARTUNG: Right. 14.1, okay, is going to be with the catwalk
and the floating dock. That' s -- okay. The finger docks are on
Lot #13, which is a separate lot, which is not noted here. So
there's two lots that we are going to use. And then we are
going to go to Lot #50, and they have Lot 49. 1 here.
So are they going to take Lot 49 -- well, this would be --
I'm sorry, I shouldn't jump ahead of myself. We are just doing
the one.
TRUSTEE PEEPLES: Correct. Yes. Thank you.
MS. HARTUNG: So we are going to do the catwalk and we are going
to do the --
TRUSTEE PEEPLES: The ramp.
MS. HARTUNG: The ramp and the dock.
TRUSTEE PEEPLES: Correct.
MS. HARTUNG: Okay. How many boats are going to be tied up to
those, to that dock on 14 . 1? How many boats?
TRUSTEE PEEPLES: So this application -- that' s not -- this
application is for the docks.
MS. HARTUNG: I know it is.
TRUSTEE PEEPLES: Yes. So that is not something --
MS. HARTUNG: We are in an R-40 zoning, M-1, so I believe we are
only allowed to have one dock per residential R-40.
TRUSTEE PEEPLES: Okay. Thank you for sharing.
MS. HARTUNG: Okay, so now we are going to go to the next one,
because there is a new one coming up, right?
TRUSTEE PEEPLES: We have not closed this current hearing. Yes.
TRUSTEE GILLOOLY: Mr. Bergen, would you speak to the history of
these docks?
MR. BERGEN: Sure. This, as was noted, this is zoned M-1, the
underwater lands. I had submitted some historical pictures with
the application and I have an additional historical picture that
is from -- it appears, these were obtained from the Cutchogue
library, by the way, and they are postcards of the area. And
there is one here from, it looks like the postmark is 1908
which, shows when Schoolhouse Creek was just a salt marsh.
The next one which I submitted to you folks is in ' 48 and
it shows it then dredged out and it shows docks under
construction in ' 48. There is an overhead picture that I
provided to you that is a postcard from 1985, where all of these
docks can be seen in that overhead picture.
Board of Trustees 19 September 13, 2023
So we know there were docks constructed down there, and
Mr. Tuthill is here tonight and can probably address it. But
probably in the ' 40s and '50s, going right on through 'til
today.
So that is the history of the docks, and it is zoned M-1,
the underwater land, and if you look across the way, there are,
all through Schoolhouse Creek, there are multiple docks and it' s
been used for commercial use as well as residential use for,
since it was created in the early 140s.
TRUSTEE PEEPLES: And that helpful to see the satellite
photograph as well, shows that area. Thank you, very much.
TRUSTEE GILLOOLY: Thank you.
TRUSTEE PEEPLES: Is there anyone else here who wishes to speak
with regard to the application?
MR. HARTUNG: Good evening. I 'm William Hartung. You just heard
my wife. I'm at the residence of 1200 Old Harbor Road.
And again, this project is at my back door. I disagree
with Mr. Bergen because the creek has been there for hundreds of
years, okay. Hundreds of years the creek has been there. The
creek was dredged out 100 years ago. The stream -- the creek
was always there.
The docks were built in the '30s and the 140s, but the
creek was finished in 1927. I know, my mother lived on the
creek all her life. She had a sister, a brother, who lived
there, who were older than her. Their house butted right up to
the creek. My grandfather did work for the Goldsmith' s, the
Tuthill' s. He was a mechanic. Him and his oldest boys used to
take care of the trucks, all kinds of mechanical work for the
locals. My mother always told me the creek was dug just when
she was born, 1928 . That means the creek is 100-years old.
Now, you have a hundred-year old creek, the gentleman Harry
Tuthill, the grandfather of this handsome gentleman here, dug
that creek, and the docks were being built, yes, in the 140s and
the '50s. And as time went on, Mr. Tuthill decided he was going
to sell off some of the property.
Soon the New Suffolk shipyard was developed down at the
end, bought. During the '40s and the '50s, all of the industry
of the locals, the clamming, the scalloping, the oysters, boats,
they had a place to keep their boats.
For years that creek was used. Low shallow boats. And the
bottom of the boats would drag the bottom of the creek. There' s
plenty of contaminants in that creek. That' s why the DEC
doesn't allow shellfishing.
Now, to get back to this zoning, R-40, residential, I'm 15
in my lot. I have a house on it. It' s residential. The Tuthill
family, Harry Tuttle, sold it to my father. My father built the
house in the early '70s there. All the town permits, everything
legal. Today I have a certified certificate of occupancy for my
house.
When my father bought the house, Lot 14 .1, Lot 13, which
Board of Trustees 20 September 13, 2023
Old Cove Yacht Club sits on, 14. 1, the yacht club, and then
there' s 13. Both those lots are residential zoned.
Now, this stretch of creek, that this proposal' s on, for a
240-something foot low-sill bulkhead, takes up two lots.
Now, my recollection is down at the northern end of the
proposal here, where they have these finger floats, those finger
floats just decided to be floated in there one day. I'm not
going to name names who put them there. But they were there and
nobody said a peep about them. That doesn't make it an existing
float.
You your proposal, excuse me, your proposal here indicates
that, or this proposal indicates, and I want to read it to you
again, because I don't see it the same way. Land including Old
Cove Yacht Club permit and existing catwalk, existing catwalk.
If it's existing, there would have been permits on it. There was
never any permits issued to the Town. Was there ever any
permits issued to the Town? I don't think so. My records say
no.
So you're creating something that was never supposed to be
there, in my view.
TRUSTEE GOLDSMITH: All right, thank you, sir.
MR. HARTUNG: That's number one.
TRUSTEE GOLDSMITH: I'll just address one thing that you just
said there. If they were built in the ' 30s or ' 40s they would
not have a permit, the catwalk or anything. So it' s pre --
existing from the dock. Yes.
MR. HARTUNG: The dock, that was the '30s and the ' 40s.
TRUSTEE GOLDSMITH: Yes, the catwalk and the docks are built from
the 130s and the ' 40s.
(The stenographer requests that only one person speak at a time)
TRUSTEE GOLDSMITH: (Continuing) . So the point is, if they are
old enough pre-existing nonconforming structures built in the
'30s or ' 40s, they predated Trustee permits. So if you are
applying for it today, it is an existing catwalk that does not
have a Trustee permit because it was built prior to Trustees
permits.
MR. HARTUNG: Okay. You are applying for permits today for the
catwalks, is that what you're saying?
TRUSTEE GOLDSMITH: That's what this application is for.
MR. HARTUNG: Yes. So, if you are applying for permits for a
catwalk, and it gets back to residential lots, residential lots
you are allowed one dock per residential lot. How many boats
will be allowed on one residential lot?
TRUSTEE SEPENOSKI: I'm not sure I'm understanding what your --
MR. HARTUNG: (Inaudible) .
TRUSTEE SEPENOSKI: Excuse me. I'm not sure I understand what
you're asking.
MR. HARTUNG: Okay, I'll make it another way. My house is
residential. I went and got the permits for a dock. The dock
was already there, pre-existing, and it' s in my deed. So I'm
Board of Trustees 21 September 13, 2023
1
deeded in. I went and got the permits through the Trustees and
had my dock built. Rebuilt. I'm sorry. I was allowed one dock
for residential. That's what I'm getting at.
These are residential docks, not commercial. The
commercial side of Schoolhouse Creek is on the main channel, and
it's on the south side of the channel. All the boats are on
that side is considered commercial. Because it' s commercial
property. That doesn't mean that the other two legs of the
creek are commercial.
TRUSTEE PEEPLES: Thank you, for speaking. Is there anything
else you would like to share with us?
MR. HARTUNG: Not really. The other part is, yes, I have a lot
more to say. When it comes to the bulkhead itself, the low sill
bulkhead --
TRUSTEE PEEPLES: That's on a different application,' yes. It is
tonight but it is the next application.
MR. HARTUNG: So when you talk about it, then I have a chance
again.
TRUSTEE PEEPLES: That' s correct. Yes.
MR. HARTUNG: You know, I really apologize. This is my first
time. I didn't learn this in high school. It's like my first
time. And, you know, it' s a little bit hard on me to come to a
meeting for the first time.
Now this came in the mail certified five days ago. And
nothing for nothing, but look how small it is. I can't even
read the numbers on this application. And also on this, it
refers to -- never mind. Okay, I guess I'm done.
TRUSTEE PEEPLES: Thank you, very much.
TRUSTEE SEPENOSKI: Thank you, for sympathizing with our monthly
predicament.
TRUSTEE PEEPLES: Thank you, for sharing your history as well.
MR. HARTUNG: Thank .you, very much.
TRUSTEE PEEPLES: Is there anyone else here who wishes to speak
with regard to this application?
(No response) .
Are there any questions or comments from the Board?
(No response) .
MS. HARTUNG: Can I just say one more thing? Did you close it?
TRUSTEE PEEPLES: I have not closed it yet. Please wait until
you get to the podium.
MS. HARTUNG: I was just thinking on that 14. 1, and then you have
the dock, dock step. What is that, the catwalk and, what do you
call that?
TRUSTEE PEEPLES: The ramp.
MS. HARTUNG: No, the piece that is going to go to the, what is
that, a dock? I guess it's a dock. I just want to know are
they going to be using that commercially? Is it going to be
rented? Are we going to have people renting these, this area?
Because if so, where are the site plans going to be for them to
park? Because there will be 12, well, there is only going to be
Board of Trustees 22 September 13, 2023
six boats on one side and six on the other. So, I guess that's
it.
(Board members discussing amongst themselves) .
TRUSTEE KRUPSKI: Thank you. '
TRUSTEE PEEPLES: Thank you. Is there anyone else here who
wishes to speak or any other questions or comments from the
Board?
(No response) .
Hearing none, I make a motion to close this hearing.
TRUSTEE GOLDSMITH: Second. All in favor?
(ALL AYES) .
TRUSTEE PEEPLES: I make a motion to approve this application
with the submission of new plans that show on Section 3A1 site
plan that show the ten-foot non-turf buffer, and then would also
like to, stipulate the utilization of turbidity controls and to
minimize the use of CCA during construction, and to preserve the
existing vegetation throughout the project, and to replace any
trees removed during the project with native hardwoods. That is
my motion.
TRUSTEE GILLOOLY: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE GOLDSMITH: Number 3, David Bergen on behalf of KATHRINE
TUTHILL & ORS. requests a Wetland Permit to remove existing
failing metal bulkhead with north metal bulkhead return to
remain, and replace with a low-sill bulkhead just landward of
Mean Low Water line with an elevation of two (2) feet totaling a
length of ±242' ending with a 5' return at southern property
line; low-sill bulkhead to be vinyl with 10" pilings placed 10'
on-center, two 6x6 whalers, and Thru-Flow cap; backing system
consisting of helix screws 10' on-center; ,reclamation dredging
along entire length of bulkhead with 2' depth at bulkhead
dropping to a maximum depth of 4 ' limited to 10' seaward into
canal; approximately 30 cubic yards of dredge spoil to be placed
behind new low-sill bulkhead; new wetland area behind low-sill
bulkhead to be planted with spartina 12" on-center.
Located: Underwater Lands in Schoolhouse Creek off of Old Harbor
Road, New Suffolk. SCTM# 1000-117-5-49.1
The Trustees conducted field inspection on September 6th,
2023, noting all vegetation to remain where possible, and any
trees removed to be replaced with native vegetation. And will
the property landward of the bulkhead be re-graded.
The LWRP found this to be consistent, noting the need for
turbidity controls.
The CAC did not make a recommendation because there was not
enough information to make a determination, and we also have a
letter in the file of support of the project from a Sean Egan.
Is there anyone here wishing to speak regarding this
application?
Board of Trustees 23 September 13, 2023
MR. BERGEN: Dave Bergen, on behalf of the applicants, the
Tuthill family.
This project is primarily for the construction of a
low-sill bulkhead. There is the remnants of a steel bulkhead
there that we are not sure when was put in, probably around the
40s, and it's deteriorating, so we need to remove that and what
we are proposing to replace that as well as extend the low-sill
bulkhead along the length of these two properties. And then
planting Spartina behind it, so in essence what we are doing is
we'll be creating additional wetlands with this project.
We agree with the use of the turbidity curtains as was
talked about in the last application, we would agree to that
with this one.
This underwater lands of 49.1 is land owned by the
applicant. The question about vegetation being removed, believe
me, we are looking to remove the minimal amount of vegetation
possible here.
As you note when you were out in the field, this all
remained very natural all the way along that, including
continuing along through the Hartung's property and on to the
other piece of property that the Tuthill's also own going to the
mouth of Schoolhouse Creek. They are not looking to remove any
extra vegetation at all. So minimal.
We will agree, again, even though it was agreed to in the
last application, because it was technically on 14.1, we'll of
course agree to replace any trees that have to be removed due to
construction, with a caliper as determined by the Trustees.
With that, I'm here to answer any questions you might have.
TRUSTEE GOLDSMITH: Do you have a DEC on this one yet?
MR. BERGEN: Where we are with the DEC, we submitted, they came
back to us with questions. We answered all their questions and
resubmitted to them.
So we've gone through their initial review. We've answered
all the questions and addressed all the issues they have, and we
are now awaiting their next step.
We have submitted an application for a water certification
visit, and they have 30 days to respond to that, and we are in,
I'm guessing around ten days, 12 days, of that 30-day window
right now.
TRUSTEE GOLDSMITH: Okay. Did they request any sediment samples
or anything like that for the dredging?
MR. BERGEN: No, they have not.
TRUSTEE GOLDSMITH: Okay. Anyone else here wishing to speak
regarding this application? Yes, ma'am?
MS. HARTUNG: Sure. Okay, Aida Hartung. Lot 49. 1. Where is it?
Does anybody know? That we are talking about?
TRUSTEE GOLDSMITH: This is the underwater lands.
TRUSTEE SEPENOSKI: Lands underwater.
TRUSTEE KRUPSKI: If you look in the file, which is available to the
public, both online and in the office, you can see the tax map.
Board of Trustees 24 September 13, 2023
MS. HARTUNG: (No response) .
TRUSTEE KRUPSKI: Thank you.
MS. HARTUNG: No, no, no. I'm not ready. I'm not finished. I
have the tax map right here. And 49.1 has nothing to do with
this project at all.
TRUSTEE KRUPSKI: Do you have concerns with the project, ma'am?
TRUSTEE SEPENOSKI: I'm kind of struggling to understand what the
concerns with the project are, in general. It seems like --
MS. HARTUNG: 49. 1 is incorrect. It's on the other side of the
creek. It' s on the other side. So what they are going to do
here is take 49.1, dredging, and putting them on 14.1? Is that
the intention to do. that?
(Ms. Hulse speaking with Trustee Goldsmith off mic) .
TRUSTEE GOLDSMITH: I was just informed by the attorney that the
Town legally merged those properties in the past. So you might
not be aware of that.
MS. HARTUNG: Yes, it's 48, 49, 47, 46, 14 . You know, you have
to, there' s so many tax map numbers. It' s just so crazy. Which
one is the correct one?
MS. HULSE: The application is 49.1.
MS. HARTUNG: Do you see the tax map on 49. 1?
TRUSTEE GOLDSMITH: I have a stamped survey here that shows 49. 1.
MS. HARTUNG: That's all the way on the other side. It has
nothing to do. We are Lot 50. 50 is the underground water
there. 5-0.
TRUSTEE GOLDSMITH: All right. Yes, ma'am. Again, I have a
licensed stamped survey here, dated January 13th, 2023, noting
the lot number ends in 49.1.
MS. HARTUNG: I'm done. I get it.
TRUSTEE SEPENOSKI: I don't understand.
TRUSTEE KRUPSKI: Thank you.
TRUSTEE GOLDSMITH: Is there' anyone else here wishing to speak
regarding this application?
(No response) .
Any other questions or comments from the Board?
(No response) .
Hearing none, I'll make a motion to close this hearing.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE GOLDSMITH: I'll make a motion to approve this
application as submitted with the condition that any trees
disturbed during construction will be replaced on a one-to-one
basis using native hardwoods two-and-a-half-inch caliper
minimum. And upholding the ten-foot non-turf buffer.
MR. HARTUNG: Don't I get a chance to talk about the low-sill --
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
MR. HARTUNG: You didn't ask if anybody else was interested --
Board of Trustees 25 September 13, 2023
TRUSTEE GOLDSMITH: Sir, sir --
TRUSTEE KRUPSKI: Yes, he did.
TRUSTEE GOLDSMITH: We did, and nobody responded.
TRUSTEE KRUPSKI: He asked and no one responded. You can read
the record or listen to the recording.
MR. HARTUNG: Come on, you can see you're not even caring about
the project.
MR. BERGEN: Thank you.
TRUSTEE SEPENOSKI: Good evening, Mr. Bergen. I hope you feel
better soon.
TRUSTEE KRUPSKI: Number 4, Patricia Moore, Esq. on behalf of
STEPHANIE L. TEICHER requests a Wetland Permit to construct an
181x24 ' one car garage with 4 'x18 ' stairs down on side of
garage.
Located: 6825 Nassau Point Road, Cutchogue. SCTM# 1000-111-15-8 .2
The Trustees most recently visited the property on the 6th
of September and noted that it was a landward-side build on the
structure. I'm also in receipt of a letter from the neighbor in
support of the application.
The Conservation Advisory Council resolved to support the
application.
And the LWRP coordinator found it to be consistent.
Is there anyone here that wishes to speak regarding this
application?
MS. MOORE: I'm here on behalf of the applicant, but if you have
no questions, we'll let you move on.
TRUSTEE KRUPSKI: Thank you. Is there anyone else that wishes to
speak regarding this application?
(No response) .
Or any additional comments from the Board
(No response) .
Hearing none, I make a motion to close the hearing.
TRUSTEE SEPENOSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE KRUPSKI: I make a motion to approve this application as
submitted.
TRUSTEE PEEPLES: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE SEPENOSKI: Number 5, Jeffrey Patanjo on behalf of NAR
DEVELOPMENT CORP. requests a Wetland Permit to remove and
replace 285 linear feet of deteriorated bulkhead in same
location as existing with new vinyl bulkheading.
Located: 49900 Route 25, Southold. SCTM# 1000-70-5-24. 1
The Trustees reviewed this application on 9/6/23. Notes
from the meeting read straightforward.
The LWRP found the project to be exempt.
Board of Trustees 26 September 13, 2023
And the Conservation Advisory Council resolved to support
this.
Is there anyone who wants to speak regarding this
application?
(No response) .
Comments from the Board?
(No response) .
Hearing no further comments, I'll make a motion to close this
application.
TRUSTEE PEEPLES: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE SEPENOSKI: I'll make a motion to approve the application
as submitted.
TRUSTEE GOLDSMITH: Second. All in favor?
(ALL AYES) .
TRUSTEE GILLOOLY: Number 6, AS PER REVISED PLANS AND PROJECT
DESCRIPTION RECEIVED ON 9/8/2023 Jeffrey Patanjo on behalf of
1280 COREY CREEK, LLC, c/o RICH CORAZZINI requests a Wetland
Permit to demolish the existing single-story dwelling and
construct a two-story, single-family dwelling with a 1, 755sq.ft.
First floor, a 227sq. ft. Attached garage, a 1, 005sq.ft. Second
floor, and a 2, 211sq. ft. Foundation having a crawl space with a
height of 2 ' 53k" and beginning at grade elevation; it will be
installed with the eastern dimensions of 30'5 %"x3419" and the
western dimensions of 32 '3"x27 '11' "; a 130sq.ft. Front covered
porch with steps to ground; a 221x14 ' patio installed off the
east side with a 14 'x12 ' covered masonry patio and a 14 'x10'
uncovered patio section; two sets of 91x3' wood landings, stairs
and railings to be installed on the south side of dwelling;
remove existing sanitary system and install an I/A style system
at the north side of dwelling with contours being refined for an
installation that minimizes the slope of the grade; construct a
waterproof retaining wall to the north of the proposed I/A
system with the dimensions 50' x 3%" x 51 ; three roof drains and
two trench drains to be installed to contain storm-water runoff;
install a silt fence to surround the property until final
stabilization is complete; establish and perpetually maintain a
15' to 30' wide Non-Turf Buffer area along the landward edge of
vegetated wetlands with a 4 ' wide access path through buffer to
be planted with native salt tolerant plantings that include 25
Beach Rose plants, 175 Switchgrass plantings, and 185 evening
primrose plantings; and install a fence around the Non-Turf
Buffer area.
Located: 1280 Corey Creek Lane, Southold. SCTM# 1000-78-4-17
The Trustees most recently visited this site on September
6th, 2023, noting non-turf seaward of house, pull drywells
landward, trench drain on side next to neighbor.
The LWRP reviewed this application and found it to be
Board of Trustees 27 September 13, 2023
consistent, and noted to limit clearing on the water side of the
new dwelling, preserve the trees.
And the Conservation Advisory Council reviewed this
application and resolved to support the application, however
there is a concern with the proximity to the water and the
history of flooding in the area.
The Conservation Advisory Council recommends the use of
best. practices such as the installation of staked hay bales and
silt fence during construction.
I am in receipt of new plans stamped received September
13th, 2023, with some changes as requested as part of the work
session, depicting the new non-turf buffer and the
non-disturbance area.
Is there anyone here wishing to speak regarding this
application?
MR. PATANJO: Jeff Patanjo, on behalf of the applicant. And as
mentioned, we submitted modified plans as recently as today to
include a large non-turf buffer and modified trench drains and
storm drains and all the required suggestions.
Any other questions, I would can happy to answer them.
TRUSTEE GILLOOLY: Can you please confirm the maximum height
above ground of any of the retaining walls on the property.
MR. PATANJO: They'll be two feet, and that's indicated on the
revised plans, on sheet number two.
And coincidentally we do have a Suffolk County Health
Department permit for the project as well, and New York State
DEC permit.
TRUSTEE GILLOOLY: Is there anyone else here wishing to speak
regarding this application?
(No response) .
TRUSTEE PEEPLES: I have a question about the, you noted on here
about the proposed non-turf buffer fence, which I think is a
great idea. What was your -- was that intended to be a
split-rail fence?
MR. PATANJO: Yes, just a typical locust post-and-rail fence.
TRUSTEE PEEPLES: Okay. Wonderful. Thank you, for confirming.
TRUSTEE GOLDSMITH: I would like to note, the cross-section of
the septic system, the proposed septic system, I thought was a
big help, the design, doing it that way.
MR. PATANJO: Thank you.
TRUSTEE PEEPLES: One other comment on the plan here. Thank you,
for adding the hatching in that area that was seaward of the, is
that the wetland boundary? It was not added on to the mitigation
plan as well. So would you update the --
MR. PATANJO: The hatching on the main site plan is the area that
is going to be mitigated, and down at the mitigation plan, that
is solely to identify the plant species we are going to be using
and quantities of plants.
TRUSTEE PEEPLES: The only reason I'm bringing that up is prior
to your submission of this new plan on the 13th, that same area
Board of Trustees 28 September 13, 2023
that appears in the mitigation plan area as just white, that was
also white on your site plan portion, and the continuity of the
hatching is helpful, because it' s a visual that shows that that
is, supposed to be the same as the non-disturbance area.
Does that make sense?
MR. PATANJO: I wish that I could say yes. Maybe I can approach
the bench.
TRUSTEE PEEPLES: That would be great. Feel free. I'll point it
out to you here.
So when we were reviewing this at work session and in the
field, this area here was white, like this. And you filled it
in with the hatching, which makes it look like this area. This
looks like one cohesive area, and it would be helpful just to
have that here, only for continuity, because we want to ensure
that that doesn't become lawn or something else.
MR. PATANJO: I understand. I see what happened. We'll adjust
that.
TRUSTEE PEEPLES: So it' s just a matter of hatching, please.
MR. PATANJO: So we'll address that.
TRUSTEE PEEPLES: Okay. Thank you.
TRUSTEE GILLOOLY: Is there anyone else here ,wishing to speak
regarding this project?
(No response) .
Hearing none, I make a motion to close this hearing.
TRUSTEE SEPENOSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE GILLOOLY: I make a motion to approve this application
with the stipulation that all retaining walls are minimized to
no higher than 24 inches; the non-turf .buffer fence be relabeled
as split-rail fence; and that the hatching and the mitigation
area match the hatching of the non-disturbance area.
That is my motion.
TRUSTEE KRUPSKI : Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE PEEPLES: Number 7, AS PER REVISED PROJECT DESCRIPTION
RECEIVED ON 9/7/23 Michael Kimack on behalf of CONSTANCE LEVY
requests a Wetland Permit to renovate the interior of existing
1, 673sq. ft. First floor dwelling with 1, 053sq. ft. Basement area
to remain; renovations include new windows where there were
none, install .new roof and sky light, exterior fascia, soffits,
windows, doors, and sheathing; construct a 1, 355sq.ft. Landward
addition to the dwelling consisting of .a two car garage, sitting
room, foyer, mud room, laundry area, and lounge area on first
floor; and a 567sq.ft. Second story addition over garage for
office; 72 linear feet of existing retaining walls; a ±170sq. ft.
- Fish pond; and ±1, 633sq.ft. Of patio pavers.
Located: 405 Soundview Avenue, Mattituck. SCTM# 1000-94-1-2
Board of Trustees 29 September 13, 2023
The Trustees most recently visited the site on September
6th, 2023, and noted needs a CEHA line on the survey, include
all existing patios, et cetera, on plans, and questioned the
permit history of the deck.
I am in receipt of plans stamped and dated July 25th, 2023.
And additionally, the LWRP found this application to be
consistent.
And the Conservation Advisory Council supports the
application with an IA sanitary system, and to retain as many
trees and shrubs on the landward side of the house as
practicable.
Is there anyone here who wishes to speak in regard to this
application?
MR. KIMACK: Michael Kimack, on behalf of the applicant.
When we did meet on site, you made the recommendation to
include the patio pavers into that, which I had re-adjusted the
description to include the patio pavers, the fishpond and the
retaining walls that fell in your jurisdiction. And that's in
the new description.
I will have delivered to you tomorrow, Peconic has put the
CEHA line on, and it' s pretty much on the bluff. It doesn't
intercede with the house. But when I went there today, the door
was locked, so I was not able to pick it up. But it's finished.
I'll drop it off tomorrow.
TRUSTEE PEEPLES: Okay, sounds good. Thank you, for mentioning.
I missed seeing this e-mail from September 7th, 2023, where you
modified the description to include the existing patio pavers,
retaining walls and fishpond.
MR. KIMACK: And there is no IA system going in here. There' s no
new bedrooms. I'm not quite sure where that come from.
TRUSTEE PEEPLES: That was a note with the Conservation Advisory
Council.
MR. KIMACK: Yes, we are not changing the number of bedrooms at
all, we're just --
TRUSTEE PEEPLES: When we review projects, we often turn to the
history of the, through the satellite imagery, and between the
years of kind of 2019 and 2021, there were quite a few trees
that were removed on the property.
Is that anything that is to your knowledge?
MR. KIMACK: It' s something that I didn't go back on in terms of
the history, in terms of the number of trees that might have
been taken down. It' s been under the single ownership for quite
some time.
(Ms. Cantrell is posting images of this property on the video
screen) .
TRUSTEE PEEPLES: So I believe Ms. Cantrell has that pulled up
right now. So is this 2019? Before 2019?
TRUSTEE GILLOOLY: Can you pull up 2019, 2020 and 2021?
MS. CANTRELL: 2015, 2016. Again, 2016, 2017, 2018, 2019, 2021.
And then it brings it up to the pictures. That' s 2021.
Board of Trustees 30 September 13, 2023
TRUSTEE SEPENOSKI: So we are really looking at a project that, a
lot that was very well forested, and now seeing all the trees
gone.
MR. KIMACK: Looking at the trees between the existing house and
the bluff, which is your jurisdiction.
TRUSTEE PEEPLES: Correct.
TRUSTEE SEPENOSKI: Yes. I think you're just looking at one
Trustee thinking that I could see at least two native hardwoods
positioned on either side of that property, to regain some of
the trees that were removed, allowing the view of Long Island
Sound, but also creating a canopy to protect that bluff area and
the landward edge of that bluff.
TRUSTEE PEEPLES: We were reviewing this during work session and
it was concerning to -- I have looked at it using various Google
map options, and you can look at it in three dimension, and it
seems potentially up to about seven trees were removed. I don't
want to quote that because it' s hard to tell.
MR. KIMACK: I wish I could add something to it. This is news to
me, the first I'm hearing about it.
TRUSTEE PEEPLES: So this would be a request to plant some native
hardwoods of a reasonable caliper on the seaward side of the
house.
MR. KIMACK: Let me ask you this, on others that we have done,
primarily, when we were, when there was removal on the seaward
side, you allowed it to be replanted on the landward side.
TRUSTEE PEEPLES: Due to the number, as one Trustee, I would not
feel comfortable with that. There were also trees, if you're
reviewing the history, that were removed outside of our
jurisdiction, kind of on that, near the driveway/pool area.
So, personally, as one Trustee, I would like to see threes
on the seaward side of the house. And, you know, another aspect
of this is that there was a much larger lawn created due to the
removal of these trees. And, you know, in addition to the
native hardwoods.
MR. KIMACK: Will the location of the trees be at the discretion
of the owner?
TRUSTEE PEEPLES: We would like to see a planting plan.
MR. KIMACK: You know I'm going to keep them to the sides, don't
you?
TRUSTEE PEEPLES: I'm sorry, what?
MR. KIMACK: You know I'm going to keep the trees to the sides.
TRUSTEE SEPENOSKI: Yes, that's what I just said.
MR. KIMACK: Any type and species that you are looking for?
TRUSTEE SEPENOSKI: That would be at the owner' s discretion, to me.
TRUSTEE KRUPSKI: I mean, I would be looking for some native
hardwoods. I would not be opposed to mixing in some cedars,
something like that. I mean, I don't think we want to see
'lined-out green giants. That' s definitely not --
MR. KIMACK: No, you are looking for hardwood. You're not looking
for arborvitaes.
Board of Trustees 31 September 13, 2023
TRUSTEE KRUPSKI: We are looking for essentially an organized
restoration, so. And it's kind of a gift, so.
MR. KIMACK: I appreciate that, so. You always have to adjust at
this microphone. You never know what is going to come at you.
But I did not know, and I was focused on simply the house,
essentially like that. I didn't realize that historically going
back in the photos it would have given you the opportunity to
see the trees removed.
I can come back, if you want to, basically, I'll take the
site plan and we'll do a plan and get it to you within the next
week or so. With seven hardwood trees, mixed in. I 'll try,
probably try to get them salt tolerant, although I'm not quite
sure how much they get. Because, I believe that the winds, it's
very interesting, because of the height of that bluff, the winds
really have a tendency to come back over the top of the house.
I mean it really hasn't affected it, so. But there again, if
the trees get tall enough, they will be, they may be subject to
that.
Looking for two to three-inch caliper, if we are doing
hardwoods, in that range?
TRUSTEE SEPENOSKI: Yes.
MR. KIMACK: Fair enough.
TRUSTEE PEEPLES: You said two to three?
MR. KIMACK: Yes. That's generally, we are dealing on eight to
ten-foot sand in terms of the two-to-three caliper.
TRUSTEE PEEPLES: That sounds reasonable. And you indicated that
the trees would likely line up --
MR. KIMACK: Well, I think we would want to mix them around a
little bit. I mean, obviously I have to be sure when we put
them in a spot, that the owner doesn't, you know, it' s not
blocking whatever view. But I think I have enough flexibility
there. Especially on that one side where the pond it, because
it's out of the way of the house there.
TRUSTEE PEEPLES: Yes. The reason I'm asking that is, you know,
we also during work session discussed that due to the fact that
with these tree removals, that a non-turf buffer would be a good
addition to the property. And if you are going to be planting
trees on the kind of more on the perimeter, or off to the side a
little bit, that that buffer would be beneficial there.
MR. KIMACK: What width were you looking at?
TRUSTEE PEEPLES: Ten foot? Is that reasonable?
MR. KIMACK: Yes. And I'll just leave the language "non-turf"
basically. I assumed it would be vegetated, just leaving it
blank. That would probably --
TRUSTEE PEEPLES: I'm happy to indicate "vegetated" .
MR. KIMACK: Okay.
TRUSTEE PEEPLES: Okay, is there anyone here who wishes to speak
or any other questions or comments from the Board?
(No response) .
Hearing none, I'll make a motion to close this hearing.
Board of Trustees 32 September 13, 2023
TRUSTEE SEPENOSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE PEEPLES: I'll make a motion to approve this application
with the condition of a vegetated non-turf buffer ten feet
landward of top of slope, and the submission of a planting plan
indicating the addition of four to five native hardwood trees at
at least two to three-inch caliper on that plan, and also with
the addition of Coastal Erosion Hazard Area line. That is my
motion.
TRUSTEE SEPENOSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE PEEPLES: Thank you.
TRUSTEE GOLDSMITH: Number 8, Michael Kimack on behalf of DAVID &
MARY DESETTA requests a Wetland Permit to remove existing
bulkhead and install 106 linear feet of new vinyl bulkhead in
same location as existing and raised 12" to be level with the
adjoining northerly bulkhead; backfill with approximately 35
cubic yards of clean fill and cover with approximately two (2)
inches of sand or stone (±10cu.yds. ) ; install a 41x15 ' on-grade
wood walkway wood walkway through non-turf buffer; and to
establish and perpetually maintain a 15' wide non-turf buffer
area along the landward edge of the bulkhead.
Located: 1775 Gull Pond Road, Greenport. SCTM# 1000-35-4-14
The Trustees conducted a field inspection September 6th,
noting the project was straightforward, and the buffer to be 15
feet to match the neighbor to the south.
The LWRP found this to be consistent.,
The Conservation Advisory Council supports the application
with the 15-foot non-turf buffer planted with native vegetation.
Is there anyone here wishing to speak regarding this
application?
MR. KIMACK: Michael Kimack, on behalf of the applicant. I
apologize for not being there but I was running around other
places.
The 15-foot non-turf buffer is elucidated on the plan,
basically. Are there any questions of me?
TRUSTEE GOLDSMITH: So there is a note in the file about the
dock. Is that going to be a separate application? Because
apparently it's not in this owner's name?
MR. KIMACK: That' s going to be a separate application. I 've
already had the soundings done. We would be coming back in for
that.
TRUSTEE GOLDSMITH: Okay, thank you. Is there anyone else here
wishing to speak regarding this application?
(No response) .
Any questions or comments from the Board?
(No response) .
Board of Trustees 33 September 13, 2023
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
as submitted with the plans stamped received July 14th, 2023,
that do show a 15-foot non-turf buffer.
TRUSTEE GILLOOLY: Second.
( TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE KRUPSKI : Number 9, Michael Kimack on behalf of MARY
MCKAY requests a Wetland Permit to remove the existing pool,
fence and composite deck; add approximately 40 cubic yards of
fill along seaward side of pool in order to raise the grade for
the proposed structures an additional ±20" in height; construct
a new 15 'x50' in-ground gunite pool with 130 linear feet by 3'
bluestone surround; construct two (2) 8'x21' PE decks at each
end of pool; install a 121x18 ' patio landward of pool; install
pool enclosure 'fencing with gates; construct an 18.81x23' pool
solar hot water heater; existing 10.31x15. 1' shed to be
relocated south westerly to be greater than 100' from top of
bluff; install pool equipment area behind shed; and install a
drywell for pool backwash.
Located: 450 Castle Hill Road, Cutchogue. SCTM# 1000-72-1-1.8
Trustees Goldsmith, Gillooly and Peeples, visited this site
on the 6th of September, noted that it was a straightforward
application.
The LWRP found it to be consistent.
And the Conservation Advisory Council resolved to support
the application.
Is there anyone here to speak regarding this application?
MR. KIMACK: Michael Kimack• on behalf of the applicant. Any
questions of me?
TRUSTEE KRUPSKI: I don't believe so. Is there anyone else that
wishes to speak regarding this application?
(No response) .
Or any additional comments from the Members the Board?
(No 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'll make a motion to approve this -application.
TRUSTEE GOLDSMITH: Second.
All in favor?
(ALL AYES) .
TRUSTEE GOLDSMITH: I'll recuse myself from the next application,
due to a family connection.
Board of Trustees 34 September 13, 2023
TRUSTEE SEPENOSKI: Number 10, Michael Kimack on behalf of
GOLDSMITH'S BOAT SHOP requests a Wetland Permit to construct a
concrete boat ramp 15 ' in width by 65' in length by 8" thick,
consisting of 15'x20' poured in place and (45) pre-formed
31x51x8' concrete blocks, set on 12" of course stone base;
construct ±560 linear feet of hybrid bulkhead at mean low water
(MLW) with every 4thsheet cut out from mean high water (MHW) to
6" above MLW line; backfill with approximately 300 cubic yards
of dewatered dredged spoils; cover with approximately
7, 300sq. ft. Of jute erosion control blanket from toe of eroded
bank to 5' landward from top of bank; construct ±804 linear feet
of hybrid bulkhead with every 6th sheet cut out 6" above MHW
line; backfill with approximately 475 cubic yards of dewatered
dredged spoils, cover with approximately 12, 000sq.ft. Of jute
erosion control blanket from toe of eroded bank to 5' landward
of top of bank; planting for both MLW and MHW bulkheads landward
areas: Plant from toe to top of bank with iva frutescens and
upper baccharis halimifloria; plant from top of bank to 5 '
landward with American beach grass @ 1' o.c. ; dredge
approximately 81, 500sq. ft. Of area to an average depth of 4'
below MLW (-1.5 ' El. Avg. ) ; remove approximately 5, 450 cubic
yards of dredge spoils and stockpile in designated area with
continuous silt fence and hay bale surround; dredging and
stockpiling to dewater dredged spoils is planned to occur in
three (3) stages over a three (3) year period; dewatered dredged
spoils to be used to backfill area landward of new hybrid
bulkhead, with the remainder spread over the property with the
condition of the use of a silt boom during construction to
control sediment.
Located: 64150 Route 25, Southold. SCTM# 1000-56-7-1
The Trustees made notes on 9/6/23, that read
straightforward. Changes made by the DEC.
The LWRP found this to be consistent.
And the Conservation Advisory Council resolved to support
the application.
Is there anyone here who wishes to speak regarding --
MR. KIMACK: Michael Kimack, on behalf of the applicant. I'll do
this briefly, but I think it's worthwhile for you to
understand. We let the permit expire purposely, because we had
not received final resolve of some issues from DEC, and we felt
it prudent enough to not come back to you twice, if we could
avoid it.
I did submit a copy of the application of the permit from
DEC. The only difference between the two that was approved by
the prior Board was the, all of the hybrid bulkhead was at the
mean low water mark, and ultimately DEC wished that a certain
portion of it be moved to the high water mark.
If you look, there was, originally you approved 1, 530
linear feet, all at low water, mean low water. The new one
there' s 804 linear feet at high water. And the difference
Board of Trustees 35 September 13, 2023
between 1, 530 and I think it' s 1,366, is about 166 feet less.
But they did require us to move it up to the high water mark.
Essentially that' s the only change. The ramp is the same and the
dredging is the same in terms of the yardage and where it's
being placed.
TRUSTEE SEPENOSKI: Thank you.
MR. KIMACK: Thank you.
TRUSTEE SEPENOSKI: When I walked the property on September 1st,
I noted the erosion taking place on the property. The project
satisfies my interest in preserving the salt marsh components of
it. I think it does a nice job of mitigating the erosion, the
fetch, the wave intensity, and does so in a thoughtful,
environmentally conscious way.
Does anyone else wish to make a comment regarding this
application?
TRUSTEE KRUPSKI: I would just say that it is a marina/commercial
property, but that a very solid attempt was made to remediate
environmental impacts.
TRUSTEE SEPENOSKI: Anyone else? Members the Board?
(No response) .
Hearing no further comment, I make a motion to close the
hearing.
TRUSTEE KRUPSKI: Second. All in favor?
(ALL AYES) .
(Trustee Goldsmith recused) .
TRUSTEE SEPENOSKI: I'll make a motion to approve the application
of Goldsmith' s Boat Shop as submitted.
TRUSTEE GILLOOLY: Second.
TRUSTEE KRUPSKI : All in favor?
MR. KIMACK: Thank you.
TRUSTEE KRUPSKI: I'll make a motion to adjourn.
TRUSTEE GILLOOLY: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
e pectf 1 submit ed by,
Glenn Goldsmith, President
Board of Trustees