HomeMy WebLinkAboutTR-10/18/2023 Glenn Goldsmith,President O��QF SU(/l�ol Town Hall Annex
A.Nicholas Krupski,Vice President 54375 Route 25
P.O.Box 1179
Eric Sepenoski Southold,New York 11971
Liz Gillooly
G Q Telephone(631) 765-1892
Elizabeth Peeples �`�. �� Fax(631) 765-6641
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BOARD OF TOWN TRUSTEES RECEIVE®
TOWN OF SOUTHOLD
Minutes N 0 V 1 7 2023
Wednesday, October 18, 2023 SOUthold Town Cierk
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
October 18th, 2023 meeting. At this time I would like to call
the meeting to order and ask that you please stand for the
Pledge of Allegiance.
(Pledge of Allegiance is recited) .
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, we have Senior Clerk Typist
Elizabeth Cantrell. With us tonight is Court Stenographer Wayne
Galante, and from the Conservation Advisory Council we have John
Chandler. Agendas for tonight' s meeting are posted on the
Town's website and are located out in the hallway.
We do have a number of postponements tonight. The
postponements in the agenda, on page eight, 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 41x46' catwalk to a 31x12 ' aluminum ramp to an
18.7 'x6' floating dock with a 2'x4 'bump-out for ramp situated in
Board of Trustees 2 October 18, 2023
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.
Under Wetland & Coastal Erosion Permits, number 1, 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
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
41x20' 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,
has been postponed.
Under Wetland Permits, on page 11, number 11; page 12,
numbers 12 through 14; and on page 13, numbers 15 through 16
have been postponed. They are listed as follows:
Number 11, Dameron Architecture, PLLC on behalf of BRIAN
DeBROFF requests a Wetland Permit for the existing 2, 376.gross
square foot two-story dwelling (including existing unfinished
garage/walkout basement level) , with a 941sq.ft. Footprint and
±468sq.ft. Seaward deck with steps to ground; remove portion of
roof line to construct a ±235sq. ft. Dormer with windows; and to
repair and replace areas of the roof that require maintenance.
Located: 271 Gloaming Extension, Fishers Island
SCTM# 1000-10-9-14
Number 12, 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 4218"x15'
seaward side deck (to be reconstructed in-place) , with a
151x2416" pergola over portion of deck, and 4'x41 ' set of steps
(each segment measures 1315", 13' 91-�", & 13' 91W') , off northerly
side of deck; construct a 13'5"x9' 11" northerly deck off master
bedroom with steps to a 19' 9"x30'2" on-grade patio; install
drywells away from the top of bluff to contain storm-water
runoff; and establish and perpetually maintain a 10' wide
Board of Trustees 3 October 18,2023
vegetated Non-Turf Buffer area along the top of the bluff.
Located: 4565 Nassau Point Road, Cutchogue. SCTM# 1000-111-9-8
Number 13, 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 108.sq. ft.
Splash pool on raised deck with steps to ground and locking
gate; install a ±195.5 linear foot long by 2 2 ',� 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 31x4. 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 14, 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, 61x5' front
entry stoop, 418sq. ft. At grade rear brick patio, 20' 6"x20' 6"
(420sq.ft. ) Rear portion of existing roof, existing septic
system and existing foundation locust posts; for the existing
40'3 &- "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 81x1416" (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 416"x11'7" mechanical
platform; a 4 'x4 ' 6" (16.5sq.ft. ) Outdoor shower (open to above) ;
install a new I/A OWTS system within raised grade held by
retaining walls; install 5'x40' 8" front, 5'x45 '3" side, and
51x2115" rear retaining walls (total 1,083sq.ft. Surface area,
112. 6 linear feet of 4 ' 8" 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 15, Michael Kimack on behalf of WILLIAM MACGREGOR
requests a Wetland Permit to remove existing wood dock, ramp,
Board of Trustees 4 October 18,2023
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 41x 5' pressure
treated wood staircase off of landward end of catwalk; install--.a-
31x141 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 4 'x30' of new pathway to connect to new
dock location.
Located: 1120 Broadwaters Road, Cutchogue. SCTM# 1000-104-9-2.
Number 16, 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.
TRUSTEE GOLDSMITH: 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 in 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 Wednesday, November 8th, 2023, at 8:00 AM.
TRUSTEE SEPENOSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
II. NEXT TRUSTEE MEETING:
Board of Trustees 5 October 18, 2023
TRUSTEE GOLDSMITH: I'll make a motion to hold our next Trustee
meeting Wednesday, November 15th, -2023, at 5:30 PM at the Town
Hall Main Meeting Hall.
TRUSTEE GILLOOLY: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
III. WORK SESSION:
TRUSTEE GOLDSMITH: I'll make a motion to hold our next work
session Monday, November 13th, 2023, at 5:00 PM at the Town Hall
Annex 2nd floor Executive Board Room; and on Wednesday, November
15th, 2023, at 5: 00 PM 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 September 13th, 2023 meeting.
TRUSTEE PEEPLES: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
V. MONTHLY REPORT:
TRUSTEE GOLDSMITH: The Trustees monthly report for September
2023. A check for $16, 191.70 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:
RESOLVED that the Board of Trustees of the Town of Southold
hereby finds that the following applications more fully
described in Section XII Public Hearings Section of the Trustee
agenda dated Wednesday, October 18, 2023, are classified as Type
II Actions pursuant to SEQRA Rules and Regulations, and are not
subject to further review under SEQRA: As written:
Fishers Island Ferry District SCTM# 1000-12-1-10
Brian DeBroff SCTM# 1000-10-9-14
Abigail A. Wickham, Eric J. Bressler & Gail Wickham Bressler,
Trustee U/W D.B. McNulty SCTM# 1000-117-3-3. 1
Laughing Waters Property Owners Association SCTM# 1000-87-3-60
Board of Trustees 6 October 18, 2023
Theodore & Carissa Stratigos SCTM# 1000-57-1-27
Georgios Katsamanis SCTM# 1000-35-5-24
Budds Pond Marina, Inc. SCTM# 1000-56-3-15
D.M. Basilice Revocable Trust SCTM# 1000-53-6-8
Joseph J. Grillo, Sr. Living Trust SCTM# 1000-145-4-12.1
Thomas& Elaine Gindele SCTM# 1000-57-1-6
225 Williamsburg Drive LLC, c/o William Toth SCTM# 1000-78-5-13
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
VIII. RESOLUTIONS - ADMINISTRATIVE PERMITS:
TRUSTEE GOLDSMITH: In order to simplify our meetings, the Board
of Trustees regularly groups together actions that are minor or
similar in nature. Accordingly, I'll make a motion to approve
as a group Items 2, 4 through 7, and 10, listed as follows:
Number 2, Ural Talgat on behalf of STEPHEN & ARDA
HARATUNIAN requests an Administrative Permit to conduct
construction activity within 100' from the landward edge of
wetlands for the construction of a terrace (approximately
42'x58 ' , 2140sq.ft. ) And an (18'x361 , 648sq.ft. ) In-ground
swimming pool; and to remove the existing fencing and install
new pool fencing.
Located: 1205 Soundview Avenue Extension, Southold.
SCTM# 1000-50-2-13
Number 4, Christopher F. Dwyer on behalf of AWC DOCKSIDE
LLC c/o DANIEL COOKE requests an Administrative Permit for the
removal of newly installed treated timber decking material and
replacing same with new untreated timber decking material in two
(2) separate sections along existing bulkhead. The 45.5'x6'
north section and the 12.5'x6' south section, resulting in
approximately 350sq.ft. Of existing timber to be replaced.
Located: 5505 Mill Road, Mattituck. SCTM# 1000-106-6-1
Number 5, Christopher F. Dwyer on behalf of SPEONK LAND
DEVELOPMENT LLC requests an Administrative Permit to install a
1680sq.ft. Asphalt driveway and 10' dia. Drainage pool.
Located: 510 Gull Pond Lane, Greenport. SCTM# 1000-35-3-7
Number 6, STEPHEN CUBELLS requests an Administrative Permit
for 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: 2475 Bay Avenue, Mattituck. SCTM# 1000-144-4-5
Number 7, RICHARD & PERRI PARLINI request an Administrative
Permit to install 6' high cedar lattice fencing and gates in
three (3) separate locations, for a total of 60' of fencing.
Located: 4585 Pequash Avenue, Cutchogue. SCTM# 1000-137-4-5.2
Number 10, Eric Martz on behalf of NICOLE MARTORANA & DAVID
ALWORTH requests an Administrative Permit to remove existing
asphalt driveway; install 1, 030sq.ft. Of crushed gravel on
Board of Trustees 7 October 18,2023
compacted RCA for new driveway and paths with 220+/- steel
edging, and seven (7) 2'x3' bluestone pavers; install 35+/-
linear feet irregular stepping stone path to dock; install
160+/-sq.ft. Crushed gravel on compacted RCA base on-grade patio
with 52+/- steel edging, and one 2 'x3' bluestone paver; install
133+/-sq.ft. Crushed gravel on compacted RCA base patio on grade
with 41+/- metal edging; install 167 ' 1"+/- 4' tall welded wire
fence on 4"x4" wood posts, with two gates.
Located: 3400 Deep Hole Drive, Mattituck. SCTM# 1000-115-17-11
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES)_.
TRUSTEE GOLDSMITH: Number 1, North Fork Landscapes LLC on behalf
of ANDREW M. PETTERSEN & RANDY A. STATHAM requests an
Administrative Permit for the as-built planting of sixty (60)
6-8' tall green giant arborvitae onto a 16-24" berm at southeast
corner of property, minor limbing of small branches on trees for
driveway access and sunlight for plantings.
Located.: 5805 Main Bayview Road, Southold. SCTM# 1000-78-7-5.5
Trustee Peeples conducted a field inspection October 10th,
noting concerns about the irrigation.
The LWRP found this to be 'consistent.
I'll make a motion to approve this application with the
condition of temporary irrigation for a two-year time period and
then that irrigation is to be removed.
TRUSTEE PEEPLES: Second.
TRUSTEE GOLDSMITH: All in favor?
TRUSTEE KRUPSKI: I recuse myself from that.
(Trustees Goldsmith, Sepenoski, Gillooly and Peeples, vote aye.
(Trustee Krupski, recused) .
TRUSTEE GOLDSMITH:- Number 3, F. Ed. Nicholson on behalf of DIANE
SIMEONI requests an Administrative Permit to replace 131x19'
deck with handrails and two sets of steps 5' wide and 3' wide.
Located: 1200 Oakwood Drive, Southold. SCTM# 1000-70-12-30
Trustee Peeples conducted a field inspection October 16th,
noting that the application is straightforward.
The LWRP found this to be inconsistent. The inconsistency
is a wetland permit forlthe deck was not found.
I'll make a motion to approve this application as
submitted, and by granting it a permit will bring it into
r" consistency with the LWRP.
TRUSTEE SEPENOSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE GOLDSMITH: Number 8, Michael D'Angelo on behalf of 505
BUNGALOW LLC requests an Administrative Permit for an as-built
345sq. ft. Patio with 49sq.ft. Hot tub.
Board of Trustees 8 October 18, 2023
Located: 505 Bungalow Lane, Mattituck. SCTM# 1000-123-3-7
Trustee Goldsmith conducted a field inspection on October
15th, noting straightforward.
The LWRP found this to be inconsistent. The inconsistency
- -is the structures were built without Board approval.
I'll make a motion to approve this application as submitted,
and by granting it a permit will bring it into consistency ,with
the LWRP.
TRUSTEE GILLOOLY: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE GOLDSMITH: Number 9, JOSEPH BUCZEK & CHRISTINA
SPORNBERGER request an Administrative Permit for the as-built
installation of an underground electric cable running from the
pole on street to house.
Located: 1605 N. Parish Drive, Southold. SCTM# 1000-71-1-15
Trustee Peeples conducted a field inspection on October
10th, 2023, noting it was straightforward.
The LWRP found it to be inconsistent. The inconsistency is
l the work was done without approval by the Board.
I'll make a motion to approve this application as
submitted, and by granting it a permit will bring it into
consistency with the LWRP.
TRUSTEE PEEPLES: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
IX. APPLICATIONS FOR EXTENSIONS/TRANSFERS/ADMINISTRATIVE
AMENDMENTS:
TRUSTEE GOLDSMITH: Under Roman numeral IX, Applications for l
Extensions, Transfers and Administrative Amendments. Again, in
order to simplify our meeting, I'll make a motion to approve as
a group Items 1 through 8, 10 through 15 and 17 and 18 . They
are listed as follows:
Number 1, ;Patricia C. Moore on behalf of LAWRENCE KAPLAN &
DENISE BLESI-KAPLAN requests a One (1) Year Extension to Wetland
Permit #10014, as issued on October 20, 2021.
Located: 2225 Calves Neck Road, Southold. SCTM# 1000-70-4-45.3
Number 2, Thomas Wolpert, P.E. , on behalf of GOMB BEACH,
LLC requests a One (1) Year Extension of Wetland Permit #10047,
as issued on December 15, 2021.
Located: 54205 C.R. 48, Greenport. SCTM# 1000-52-1-3
Number 3, DAVID & BARBARA HAZARD request a One (1) Year
Extension to Wetland Permit #10030, as issued on November 17,
2021.
Located: 1465 Harbor Lane, Cutchogue. SCTM# 1000-103-2-1.1
Number 4, Isaac Clay Coffey on behalf of DAVID & ELAYNA
KAPLAN requests a One (1) Year Extension to Administrative
Board of Trustees 9 October 18, 2023
Permit #9997A, as issued on October 20, 2021.
Located: 1700 Inlet Way, Southold. SCTM# 1000-92-1-7
Number 5, JOSHUA HERRENKOHL & JOY KILPATRICK request a
Transfer of Wetland Permit #1793 from Steven & Andrea Kolyer and
Megaloop Equities LLC to Joshua Herrenkohl & Joy Kilpatrick .and_ - --- - -- - - -
Megaloop Equities LLC, as issued on March 13, 1984, and Amended,
on July 22, 1988.
Located: Cedar Point Drive, Southold. SCTM# 1000-90-2-17&18
Number 6, 500 GLENN ROAD LLC requests a Transfer of Wetland
Permit #8657A from Kathleen Foley to 500 Glenn Road LLC, as
issued on August 19, 2015.
Located: 500 Glenn Road, Southold. SCTM# 1000-78-2-23
Number 7, 500 GLENN ROAD LLC requests a Transfer of Wetland
Permit #2069 from Kathleen Foley to 500 Glenn Road LLC, as
issued on September 25, 1985, and Amended on June 18, 2008.
Located: 500 Glenn Road, Southold. SCTM# 1000-78-2-23
Number 8, Martin D. Finnegan, Esq. , on behalf of MATTHEW &
EILEEN VITUCCI requests a Transfer of Wetland Permit #4280 from
Sandra Kiersky to Matthew & Eileen Vitucci, as issued on January
28, 1994 .
Located: 620 Rogers Road, Southold. SCTM# 1000-66-2-35
Number 10, En-Consultants on behalf of KP REALTY OF
GREENPORT CORP. Requests a Transfer of Wetland Permit #6261 from
Gregersen' s Keep, LLC to KP Realty of Greenport Corp. , as issued
on December 21, 2005, and Amended on February 14, 2007.
Located: 2006 Gull Pond Lane, Greenport. SCTM# 1000-35-3-12.11
Number 11, KENDALL TODD requests an Administrative
Amendment to Wetland Permit #9503 for an as-built 24.7'x12.3'
(304sq.ft. ) Second floor deck in lieu of the previously approved
45sq.ft. Deck.
Located: 670 Bayview Drive, East Marion. SCTM# 1000-37-5-3
Number 12, J.M.O. Environmental Consulting on behalf of
ROBINS ISLAND HOLDINGS, LLC requests an Administrative
Amendment to Wetland Permit #10296 to construct an approximate
102' long rock revetment landward of MHW utilizing various
stones ranging from 1 to 3 tons, not to exceed 2 .5 tons per
linear foot in lieu of the previously approved 158' long rock
revetment; install a 15' single row of 2 ton stone with an 8'
and a 10' single row 2 ton stone return in lieu of the
previously approved 134 ' long single rock retainer; install a 5 '
splash zone landward of the rock revetment for approximately 65 '
using approximately 45 tons of 20-50 lb. Stone placed on filter
fabric; install a 3 ' splash zone landward of rock revetment for
approximately 40' using approximately 30 tons of 20-50 lb. Stone
placed on filter fabric; backfill eroded area with approximately
20 cubic yards of clay, loam and marl, plant native beach grass
species 12" o.c. within approximately 145sq. ft. Landward of
splash zone.
Located: Robins Island, New York. SCTM# 1000-134-3-5
Number 13, Michael A. Kimack on behalf of SILVER SANDS
Board of Trustees 10 October 18, 2023
HOLDINGS I, LLC requests an Administrative Amendment to Wetland
Permit #10381 for the as-built on grade seasonal bar area with
canopy (440sq.ft. ) ; install two (2) sand bocce courts at 12'x36'
(432sq.ft. Ea/864 .sq. ft. Total) .
Located: 1135 Shore Drive, Greenport. SCTM# 1000-47-2-15 -
Number 14, ANTHONY & BEATRICE FALCONE request an
Administrative Amendment to Wetland Permit #9283 for an as-built
three (3) story deck, each deck being 30' x 8. 1' ; with 6'x4 ' 6"
steps from first floor deck to yard; pervious 1616"x3018" stone
patio constructed of 24"x24" 1" thick natural stone squares laid
with 6" spacing, built on top of compacted sand and stone dust
with synthetic turf laid in between the spacing; 3.51x5.3'
outdoor shower against rear of dwelling.
Located: 405 Williamsberg Road, Southold. SCTM# 1000-78-5-17
Number 15, A,R & T Architects, Inc. , on behalf of ALEXANDER
WILNERDING requests an Administrative Amendment to Wetland
Permit #9520 & Coastal Erosion Permit #9520C for an as-built
218sq. ft. Roofed over deck/gazebo area with removable screens in
lieu of the previously permitted 226sq.ft. , roofed over
deck/gazebo; with access steps (416"x9' ) in lieu of the
previously permitted 27sq..ft. Access ramp.
Located: 4997 Equestrian Avenue, Fishers Island. SCTM# 1000-9-9-3.1
TRUSTEE GOLDSMITH: Number 17, THREE SEASON LLC requests an
Administrative Amendment to Administrative Permit #10108A for an
as-built 8 ' wide set of stairs that lead to yard with a "U"
shaped fence surrounding it; to establish a 15' wide vegetated
non-turf buffer landward of the wetland boundary.
Located: 2060 Clearview Avenue, Southold. SCTM# 1000-70-10-28.2
Number 18, Nelson, Pope, Voorhis, LLC on behalf of CONKLING
ADVISORS, LLC requests an Administrative Amendment to Wetland
Permit #10358 to construct ±185 linear feet of "Doublewall"
block retaining wall system to an elevation of 7. 00' (NAVD 88)
along the south shoreline of the easterly peninsula in lieu of
the previously approved 200 +/- linear feet; removal of ±660
cubic yards of scattered concrete rip-rap along the southerly
shoreline of the easterly peninsula and replacement with a
±2,200sq. ft. (Or+/-250cubic yards) revetment in lieu of
previously approved +/-2, 300 sq. ft; placement of ±175 cubic
yards of stone over an ±, 1600sq. ft. Area below the plane of the
spring high water line and ±75 cubic yards of stone over an
approximately 600sq.ft. Area above the plane of the spring high
water line; construction of a +/-750sq, ft, (80cubic yards)
naturalized stone armament along the seaward side of the
bulkheaded peninsula nose, +/-525sq. ft. (50cubic yards) of which
will be placed above SHW and +/-225sq.ft. (30cubic yards) of
which will be placed below SHW; construct ±40 linear feet of
Navy-style bulkhead in lieu of the previously approved +/-33
linear feet with an 8' return; construct ±230 linear feet of
Navy-style bulkhead to an elevation of 7.00' (NAVD 88) along the
northerly shoreline of the easterly peninsula; construct ±220
Board of Trustees 11 October 18, 2023
linear feet of low-sill bulkhead to an elevation ±0.33' (NAVD
88) along the northerly shoreline of the easterly peninsula ±11'
seaward of and parallel to the above mentioned new bulkhead to
create ±1, 358sq.ft. Of intertidal wetlands in lieu of the
previously approved; construct a sloped area between the
Navy-style bulkhead and low-sill bulkhead to transition from the
created low marsh intertidal wetlands area to the upland areas
utilizing +/-10 cubic yards of excess dredge material to be
planted with +/-850sq.ft. Of Saltmeadow cordgrass (Spartina
patens) ; remove ±835 cubic yards of dredged material from the
above referenced inlet and boat basin of this project ±560 cubic
yards of which is to be placed between the "Doublewall"
southerly block wall and the north and west bulkheads on the
eastern peninsula; and 220 cubic yards of which will be spread
in the upland area of the property; in lieu of the previously
approved; the filled/upland area will include ±1, 750sq. ft. Of
permeable (oyster shell) surface with an elevation of 8.00'
(NAVD 88) to match the highest elevation of the existing
peninsula grade with benches, and ±3, 808sq.ft. Of variable width
vegetative buffer areas (planted with native seaside vegetation
as specified in the Mitigation Plan that is included in this
application) ; in lieu of the previously approved.
Located: 1760 Sage Boulevard, Greenport. SCTM# 1000-57-1-38.3
TRUSTEE SEPENOSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
Number 9, Patricia C. Moore, on behalf of JOSEPH BUCZEK &
CHRISTINA SPORNBERGER requests a Transfer of Wetland Permit #483
from Bernard & Carole Kiernan to Joseph Buczek & Christina
Spornberger, as issued on February 8, 1988, and Amended on
September 28, 1989, and Amended again on June 21, 1990.
Located: 1605 North Parish Drive, Southold. SCTM# 1000-71-1-15
Trustee Peeples conducted a field inspection September
29th, noting that the dock did not meet the conditions of the
permit. It was a different length and configuration, therefore
it does not match the permit. And since it does not match the
permit we cannot transfer it, so I'll make a motion to deny this
application.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE GOLDSMITH: Number 16, AMP Architecture on behalf of
DOUGLAS BRADFORD requests an Administrative Amendment to Wetland
Permit #10046 for as-built 18 'x23' and 9'x11' (500sq. ft. )
Driveway; 551x4 ' (220sq.ft. ) Front walk; 10'x6' 6" (65sq.ft. )
Landing; 12 '5"x10'5" (125sq.ft. ) Garage patio; 63'x2 ' 6"
(130sq.ft. ) 5sq.ft.each stone side stepping stone path;
5'x39' 8" (204sq.ft. ) Gravel area with (2) AC Condensers;
Board of Trustees 12 October 18, 2023
Proposed: 38' 6"x8 ' 6" (330sq.ft. ) Rear patio; and fencing: Front
of house: 33' ; right side of house: 195' ; and PVC on left side
23' .
Located: 3705 Bay Shore Road, Greenport. SCTM# 1000-53-6-16
Trustee Gillooly conducted a field inspection October 10th,
2023, noting it was a straightforward amendment, and recommended
no fertilization zone seaward of the living structure.
I'll make a motion to approve this application with the
condition that there be a non-fertilization zone seaward of the
living structure.
TRUSTEE GILLOOLY: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
X. MOORINGS/STAKE & PULLEY SYSTEMS:
TRUSTEE GOLDSMITH: Under Roman numeral X, Moorings/Stake &
Pulley Systems, I'll make a motion to approve Number 1, TYLER
WOODHULL requests a Waterfowl/Duck Blind Permit to place a
Waterfowl/Duck Blind in Hashamomuck Pond using public access.
Located: Hashamomuck Pond, Southold.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
XI. RESOLUTIONS - OTHER:
TRUSTEE GOLDSMITH: Under Resolutions - Other, Set 2023/2024
Scallop Season:
RESOLVED, that the Southold Town Board of Trustees open the
following dates to scallop harvesting and pursuant to Chapter
219 (Shellfish) of the Code of the Town of Southold: From
Monday, November 6, 2023 from sunrise to sunset through Sunday,
March 31, 2024 inclusive, in all Town waters, as per Town Code.
That' s my motion.
TRUSTEE PEEPLES: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
XII. PUBLIC HEARINGS:
TRUSTEE GOLDSMITH: Under Roman numeral XII, Public Hearings, at
this time I'll make a motion to go off our regular meeting
agenda and enter into the Public Hearings.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
This is a public hearing in the matter of the following
applications for permits under the Wetland ordinance of the Town
of the Southold. I have an affidavit of publication from the
Board of Trustees 13 October 18, 2023
Suffolk Times. Pertinent correspondence may be read prior to
asking for comments from the public. Please keep your comments
organized and brief. Five i iminutes or less, if possible.
WETLAND PERMITS:
TRUSTEE GOLDSMITH: Under Wetland Permits, number 1, Docko, Inc.
On behalf of FISHERS ISLAND FERRY DISTRICT requests a Wetland
Permit to install a total of ±92 linear feet of new steel sheet
pile over-sheeting and ±40 linear feet of new steel sheet pile
including associated caps, ,wales and tie-back anchor system;
replace an existing 18 ' wide by ±25 linear foot long metal
loading ramp with a new ±21' wide by ±32 linear foot long metal
loading ramp including new lift mechanism, counterweight towers
and fender system at and waterward of the apparent high water
line; replace an existing concrete pad with a new reinforced
concrete pad including security fencing with gates, light
stanchions, water and electric utilities and ramp control panel;
and fill, grade and pave ±310sq. ft. Raised ferry operations area
at and landward of the apparent high water line.
Located: Off Trumbull Drive Along West Shore of Silver Eel Cove,
Fishers Island.- SCTM# 1000-12-1-10
The Trustees did a field inspection, August 2nd, 2023,
noting it was straightforward. We also did an inhouse review of
plans on October 11th, 2023, noting it was straightforward.
The LWRP found this to be consistent.
The Conservation Advisory Council did not make an
inspection, therefore no recommendation was made.
Is there anyone here wishing to speak regarding this
application?
MR. NIELSON: I do. I 'm Keith Nielson, from Docko, Inc. , and I
prepared the application documents before you tonight. I have
all the postings and mailing certificates. I would like to hand
those in.
TRUSTEE GOLDSMITH: Thank you.
MR. NIELSON: Most of you who have traveled to Fishers Island
have utilized this facility or something very close to it, and
this facility was first built in the 160s, we replaced it in 19
-- beginning of 1995. It was authorized in 1997 . I can't
believe I'm here to re-do it. But we are.
The fact of the matter is that Fishers Island ferry
terminal is now handling more large, heavy equipment than they
have in the past, and the object of this project is to make this
ramp identical to the ferry terminal ramps in New London so that
the same size and capacity of vehicle, including large cranes
and construction equipment and asphalt paving equipment for the
airport and is such, can be brought over and reliably serve
Fishers Island.
The main ramp is narrower and shorter so it can't handle as
efficiently the same tidal ranges as this ramp will.
Board of Trustees 14 October 18, 2023
The project drawings that you have include basically a
replacement of the existing steel bulkhead, a very slight
alignment change which you might remember from your inspection
during your trip to the Island a couple of months ago, and that
is shown on this drawing right here. The total encroachment ------- -
increase to the northeast is about three to four feet, and it is
necessary in order to avoid turning complications for vehicles
getting on or off the ferry.
I have shown some diagrammatic maneuvering arrows for how
vehicles do get on and off the boat, since it's a
back-on/drive-off system.
The project will include new counterweight towers, new
counterweight -- the ramp is heavyweight, 65, 000 pounds, and is
balanced with these counterweights so that it can be operated
with a two-ton electric hoist, and enables the ferry district
personnel to operate very quickly and efficiently.
The part of the reason that the ramp has to slide out a
little bit is because of the beam of the ferry, the raised point
being 35 feet, the current operations can't be centered on the
ramp, and the large vehicles, cranes and such, if they are not
centered, they cause a list in the ferry and that causes ramp
problems. The ramp won't land square on the stern of the boat.
The sequence of events will be to first take out the
existing ramp and counterweight towers, and in order to drive
the new steel sheathing as shown in this detail, we'll also have
to remove the scour stone from proximity to the steel sheathing,
then we'll drive the new sheaths and put the scour stone back.
It' s not going to involve any new fill, any new material,
in that regard. There will of course be new fill behind the new
steel sheathing.
The ramp will have the same characteristics as the surface
traction materials in New London and it will have a checkered
plate walking surface for the pedestrians. That is shown in
yellow over on the left side. The south side of the ramp.
There are also bumper piles on the breakpoint, weighs 700 tons,
whereas Montauk is 500. So they can't, we can't have them
hitting anything that is involved with the support of the ramp,
so we have bumper piles out there. And they are braced to the
bulkhead.
Grading and drainage and so on will be taken care of as it
is right now, which is overlaying sheet flow, and there are weep
holes and drain outlets in the existing sheathing.
The other thing is that the ramp elevation is going to be
raised about a foot-and-a-half because the ferry, in order to
give it that full range of access for high and low tides, the
current ramp stop bar prevents the ramp from being used when we
are a foot below mean-low water, which occasionally happens, not
every year but occasionally, and so this ramp will overcome that
short side business.
I 'd be happy to answer any questions that you might have
Board of Trustees 15 October 18, 2023
about this.
TRUSTEE GOLDSMITH: Thank you. Is there anyone else here wishing
to speak regarding this application?
(No response) .
Any questions or comments from the Board?
(No response) .
It's just a necessary infrastructure project for Fishers Island.
MR. NIELSON: I would also add that there is no adverse impact on
any of the resources in Silver Eel Cove, there' s no tidal
wetlands on this site, there is no submerged aquatic vegetation
within a hundred feet of the ferry terminal, and like I said,
the scour protection is essential because of the prop wash
generated by the ferry during arrival and departure. We have to
keep that there to keep the bulkhead stable.
TRUSTEE SEPENOSKI: What is the tidal range in that area?
MR. NIELSON: It's three feet normal, four feet normally from
high tide to mean low water, but it' s generally three feet.
TRUSTEE SEPENOSKI: Thank you.
TRUSTEE GOLDSMITH: Any other questions or comments?
(Negative response) .
Hearing none, I make a motion to close the hearing.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE GOLDSMITH: I make a motion to approve this application
as submitted.
TRUSTEE PEEPLES: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE KRUPSKI: Number 2, En-Consultants on behalf of ABIGAIL
A. WICKHAM, ERIC J. BRESSLER & GAIL WICKHAM BRESSLER, TRUSTEE
U/W D.B. McNULTY requests a Wetland Permit to remove and replace
in-place approximately 205 linear feet of existing timber
bulkhead with vinyl bulkhead, and backfill with up to 100 cubic
yards of clean sandy fill to be trucked in from an approved
upland source; construct approximately 83 linear feet of
low-profile vinyl groin in-place of existing 87 linear foot
timber groin; remove and replace in-place as needed +41x32'
section of existing +10'-15. 6'x32' deck adjacent to bulkhead;
existing 11.8'x13.3' shed to remain; temporarily relocate
2.51x7 ' metal ladder to remain; revegetate disturbed portions of
naturally vegetated bluff slope with native plantings; and
establish and perpetually maintain a 10' wide non-turf buffer
along the top of the bluff.
Located: 189 Old Harbor Road, New Suffolk. SCTM# 1000-117-3-3. 1
The LWRP coordinator found this to be consistent, but found
the low profile groin in place of existing to be inconsistent.
Photos show that the groin interrupts sand flow along the
shoreline, reducing the beach sand accumulation, and with down
Board of Trustees 16 October 18, 2023
drift it is recommended to evaluate the best design of the groin
to further policies four and six.
The CAC resolved to support the application with the
20-foot non-turf buffer planted with native vegetation.
The Trustees most recently visited the site on the 11th of
October and noted it was straightforward. And it should be
noted that I am in receipt of a letter from the neighboring
property. To summarize the letter, there is concern that
typically a low profile jetty is no higher than 18 inches above
existing soil or sediment grade, and that currently -it is five
feet higher on the, to the neighbor, I believe to the east.
So there's questions about that, or if there is an exception to
be made here.
And then number two, the plans do not show details about
the return bulkhead. Will the bulkhead stop at my bulkhead or
go to shore. If it goes inshore, there may be some excavation.
There is concern about developing a hole behind the bulkhead and
the weight landward of the neighboring bulkhead.
Is there anyone here that wishes to speak regarding this
application?
MR. HERRMANN: Yes. Good evening. Rob Herrmann of
En-Consultants on behalf of the applicants. Gail Wickham is also
here as one of the applicants.
It is a straightforward application. I'll try to respond.
I think I picked up your different comments, LWRP, Conservation
Advisory Council and the neighbors, so I'll try to go through
this quickly.
First, I guess the easiest one is in response to the
neighbor's question. There is, I guess you see in the aerial,
and you can see it in the photos that I submitted with the
application, when the bulkhead travels along parallel to the
shoreline, when it gets near the property line shared with Nancy
Wickham, who I think the e-mail was from, it bends back and then
continues along, and I think the question is in that bend-back,
is that going to continue upland up the bulkhead. And the
answer is no. It's just an in-place replacement of the same
bulkhead configuration there now. So there is no plan, at least
at this point, to have any sort of additional return going up
into the embankment.
TRUSTEE KRUPSKI: Can I just interrupt, if you don't mind.
MR. HERRMANN: Sure.
TRUSTEE KRUPSKI: You are saying it' s going to dead-end at the
bulkhead, which will be on your client's property.
MR. HERRMANN: No. Let me see if I can find the picture. I
think I have a picture of that spot. (Handing) .
So this is Wickham's bulkhead coming along the shoreline
here, and then it bends back, and then it continues along here.
(Indicating) . There is, well, this is obviously Wickham
property. And this turn-back and I guess you want to call it a
return, is on the Wickham property, and then there is a couple
Board of Trustees 17 October 18,2023
of feet here. So it' s just going to be an in-place replacement
up to the property line.
I think Nancy's question is were we going to build upland
like a true return. Like someone builds a return landward of
the bulkhead. And the answer no. We are just replacing the -
existing configuration.
TRUSTEE KRUPSKI: You can step back. I suspect that what she is
speaking to is that little turn going toward --
MR. HERRMANN: That' s going to --
TRUSTEE GOLDSMITH: So, just to clarify, you are going to replace
In-kind/in-place, and tie it to the neighboring structure.
MR. HERRMANN: That' s correct.
TRUSTEE KRUPSKI: Okay, thank you.
MR. HERRMANN: And that is how it's shown on the plans.
TRUSTEE KRUPSKI: Uh, huh.
MR. HERRMANN: The LWRP comment, I mean, it's a little bit
interesting that the observation the groin is trapping
littorally-transported sand. Obviously you would make that
observation about every single groin that is on the bay because
that is how a groin works, as the Board knows.
But that is why it has been the policy of both this Board
and the DEC for, well, decades really, policy that this Board
incorporated into Chapter 275 many years ago, that groins may
only be reconstructed under certain conditions and pursuant to
certain design requirements.
The groin has to be functional, which this one is. Only
the functional length is typically permitted to be replaced, and
the functional length has always been defined as the length of
groin landward of mean low water. Because if there is a section
of groin that is extending seaward of low water and into the
intertidal zone at low tide, it means that that portion of groin
is not currently functionally trapping sand. And so if you
replaced it with new groin, you might then have a groin that is
trapping more sand than is currently being trapped. And so in
all of the applications, we have always put before the Board,
the length is only, the replacement length is only out to mean
low tide, which is why this groin is being shortened by several
feet. I think the length of the existing groin is 87 feet
seaward of the bulkhead and then the replacement groin would be
83 feet.
Also, as mentioned I think in the e-mail, the question
about being low-profile design, so we have always had the idea
of the low-profile design being that the groin tapers out to a
maximum height of 18 inches above mean low tide which is why
even here up at the bulkhead we're lowering the top of the groin
a full foot below where the top of the groin is now, relative to
the top of the bulkhead.
So almost that entire structure then becomes about 18
inches above the existing grade. But it tapers down to a
maximum height at mean low tide. And that is shown on the
Board of Trustees 18 October 18, 2023
cross-section, but I also added something just to make it clear,
here, because this red line is not shown on the plan. But this
red line is basically the top height and the length of the
existing groin.
So you can see that the new groin that is set lower and - -
shorter. So this black is what the new groin is; the red is the
existing. And we have a couple of elevations here.
MS. HULSE: Rob, are you submitting that for their consideration?
MR. HERRMANN: I can give them a copy of it if they want.
MS. HULSE: Because you are referring to it, so they have to have
that.
MR. HERRMANN: Okay. Sure. I mean, it's nothing formal. It's just
for your -
TRUSTEE KRUPSKI: We have that, just without the red line.
MR. HERRMANN: It' s really just to help you visualize that -- in
other words, I know that all these drawings tend to be, are
supposed to be schematic, but we actually prepare our drawings
based on the elevations on the survey. So we are actually
showing you where the top of the existing groin is, where the
top of the proposed groin will be, et cetera.
There is another comment from the Conservation Advisory
Council about non-turf buffer. We do have a ten-foot non-turf
buffer proposed at, along what is shown as the top of the bluff,
and that's really just consistent with the permit that the Board
issued, for the record, 10151, for the James Gibbons III, 2012
Irrevocable Trust for the adjacent property. I don't know if you
remember, we walked that site together. There were a couple of
properties where the bulkhead was being replaced, and the
Wickham bulkhead is the next one down, so we just proposed the
same buffer that the Board required on the adjacent property, so
that buffer will just continue consistently across this property
because it will jibe effectively with what was required for
Gibbons.
So we did include that in the application and showed that
on the plan, so that the description looks very much like that
which was approved for the neighbor a few months ago. Well, last
year.
I think I responded to your different comments, but if
you have anything else, if I'm missing anything, I'm happy to
answer further.
TRUSTEE KRUPSKI: I think it was just the height (perusing) . Just
running back through my notes in the file. I think it was just
the height with the neighbor, um, the length is being reduced.
I believe that was it.
TRUSTEE GOLDSMITH: Do you have a DEC on this one yet?
MR. HERRMANN: Applied but have not received it yet.
TRUSTEE GOLDSMITH: All right.
TRUSTEE KRUPSKI: Is there anyone else that would like to speak
regarding this application, or any additional comments from the
members of the Board?
Board of Trustees 19 October 18, 2023
(No response) .
Hearing none, 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,
noting that the structure is being shortened both vertically as
well as its overall length, thereby bringing it into consistency
with the LWRP coordinator. Noting that there is a stipulation
that at no point shall this bulkhead be higher than 18 inches
above either side of the existing beach. And that is my motion.
TRUSTEE GILLOOLY: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
MR'. HERRMANN: Nick said that the bulkhead won't be higher than
18 inches.
TRUSTEE KRUPSKI: Yeah, I'll have to edit that. I meant the
groin, Lori.
MS. HULSE: Yes. So just clarify that motion.
TRUSTEE KRUPSKI: I can just clarify that. So, just to clarify
that motion, it' s the groin will not be higher than 18 inches
above the beach on either side.
MR. HERRMANN: Well, that would not be correct though.
TRUSTEE KRUPSKI: Well, I don't know why.
MR. HERRMANN: Do you want to -- is the hearing still open?
TRUSTEE KRUPSKI: No, the hearing is closed.
(Inaudible) .
The hearing is closed. Sorry.
MR. HERRMANN: But what you are stipulating is impossible,
physically.
TRUSTEE KRUPSKI: The hearing is closed. Sorry.
MR. HERRMANN: What do we do?
TRUSTEE KRUPSKI: Call the office.
MR. HERRMANN: Can we ask for a motion to reopen?
MS. HULSE: The Board has decided not to. So if you want to
contact the office tomorrow, you can do that.
MR. HERRMANN: It doesn't make any sense.
TRUSTEE SEPENOSKI: Number 3, VHB Engineering, Surveying,
Landscape Architecture & Geology, P.C. on behalf of BUDDS POND
MARINA, INC. requests a Wetland Permit for the installation of a
150' above grade level (AGL) concealment pole (with antennas
mounted within and upon) , and ground-based equipment of the
Southold Fire Department, Verizon Wireless, Dish Wireless, and
room for future wireless carriers; install a fenced equipment
compound, landscaping around the equipment compound, and utility
routing that will occupy a ±3, 500sq. ft. Portion of a
un-vegetated, gravel-surfaced area that is currently used for
boat storage; install connections to existing utilities; and
erosion and silt control methods will be utilized as necessary
to prevent water quality impacts.
Board of Trustees 20 October 18, 2023
Located: 61405 Route 25, Southold. SCTM# 1000-56-3-15
The Trustees notes from the inspection read straightforward.
The Local Waterfront Revitalization Program report finds
the action to be consistent. There is no physical direct or
indirect adverse impacts on wetlands systems as a result of this
action.
And the Conservation Advisory Council resolved to support
the action.
TRUSTEE PEEPLES: I'm going to recuse myself due to a business
relationship with the applicant.
TRUSTEE SEPENOSKI: Is there anyone here who wishes to speak
regarding the application?
MR. ALVAREZ: Yes. Good evening. Greg Alvarez, Amato Law Group,
666 Old Country Road, Garden City, New York, here on behalf of
the applicant. Lee Towers, the owner of Budds Pond Marina, and
the co-applicants as part of the application Southold Fire
District, Verizon Wireless and Dish Wireless:
Before we begin, I do have the original affidavit of
posting and one more green card. So I would like to turn those
in.
Good evening. I 'll just provide you a quick overview, and
we also have David Kennedy from VHB who prepared the
application.
Just to give you an idea of the applicant's themselves, Lee
Towers is the tower company who will construct and maintain the
tower and equipment compound to be proposed for this project.
The end users of the facility will be Verizon Wireless and
Dish Wireless, two wireless carriers who are FCC licensed,
public utilities under the State of New York, will locate their
equipment both on the tower and in the equipment area next to
it.
Southold Fire District will similarly locate at the
facility, and installing their antennas on the pole, and locate
their ground equipment as well.
So this evening we are seeking a wetlands permit in
connection with this project. It will be -- what has, been
triggered are encroachments within the 100-foot distance from
wetlands to both the north and south, which we'll talk about in
just a moment.
The ,application itself, filed back in June, in the
intervening time we have been before, we have been, working with
the Planning Department as part of the zoning process. On
October 5th we appeared before the ZBA where we sought two
variances, and that record has been kept open because we still
obviously are appearing before you this evening and also in
front of the Planning Board on November 6th. So just to give you
an idea of where we stand in our application.
The project itself is being proposed simply for need. So
both for the two carriers and for the Fire District, to provide
much-needed wireless coverage for subscribers and for the fire
Board of Trustees 21 October 18,2023
district to allow them to conduct the necessary communications
as part of their work for the community.
Currently the property is utilized for both storage and
repair. As you can see on the aerial, address 614405 Main Road,
it's about an acre in size and consists of the lot that is sort
of centrally located, as you can see, but as part of the overall
Albertson Marine business that is located on the adjacent lots
as well. It's zoned Marine Two district, and as you can see
there is one building that is located on the property, and the
facility would be located behind that or on the north side of
the site.
The proposed build will consist of two main parts, 150-foot
concealment pole which will be located within a 351x70'
equipment area.
The area itself has already been disturbed, there is no
vegetation, and the base is a gravel base, which is what is out
there today.
At this time I will introduce David Kennedy. We do have a
thumb drive which may help his presentation, just to describe
the project in detail. I don't know if we have that capability
-- we don't. Okay, no problem. So we'll just, we'll work with
that.
So Mr. Kennedy will come up now and describe it in a little
bit more detail using the aerial. Thank you.
TRUSTEE GOLDSMITH: Thank you.
MR. KENNEDY: Good evening. David Kennedy, Wetlands scientist
with VHB, on behalf of Lee Towers. As Greg mentioned my role in
the project was to prepare the application that is now before
the Board. And I also did the wetland delineations at the site
back in last Spring.
There are actually three wetlands in the vicinity of the
property of the project area, two of which are located within
100 feet of the project limits. One of those is to the north of
the Long Island Railroad tracks and the second is south of Main
Road, so south of the property.
The project disturbance near the wetlands to the south of
Main Road would be limited to utility connections to the
existing utility pole on the north side of Main Road. It' s my
understanding that the utilities would be directionally drilled
from the equipment area to the utility pole, so that disturbance
would be 95 feet from the wetlands to the south of Main Road and
be limited to temporary ground disturbance at the base of the
utility pole that would be attached following connections to the
utility pole.
And that area is currently paved, so it' s unvegetated. So
the disturbance, again, would be temporary, with no clearing of
vegetation.
And that would be the extent of disturbance near the
wetland or within the regulated area of the wetlands south of
Main Road.
Board of Trustees 22 October 18, 2023
Moving back to the north where the equipment compound would
be to the north of the building and to the south of the Long
Island Railroad tracks, there is an extensive wetlands to the
north of the tracks that I delineated that contains scrub shrub,
wetlands; part of it is emergent wetlands and part of it is ------- - - -
forested wetland.
The project area is located 50 feet to the south of that
wetland. The northern limit to the project area is 50 feet from
that wetland. But, again, the wetland is on the opposite side,
the northern side, of the Long Island Railroad tracks, which
acts as a physical barrier that separates the wetland from the
actual project area.
And the wetland actually starts at the, immediately north
of the railroad tracks, at the base of the embankment, basically
the gravel stops and wetland begins. But where the project area
is, you can see in that photo there is a lot of boats, storage
to the north of the building, and that area is gravel surface,
it's unvegetated, it' s been used for boat storage for many
years. So construction of the equipment compound in that area
would not result in any clearing of vegetation, no appreciable
increase in impervious surfaces, and again, the Long Island
Railroad tracks are a physical separation between the project
area and the actual overall property and the wetland.
So based on the wetlands delineation that I performed and
my site observations that I just summarized for you, it' s my
professional opinion that the project would not result in
significant adverse environmental impacts to either the wetlands
to the north of the railroad tracks or to the south of Main
Road.
If the Board has any questions, I would be happy to answer
them now.
TRUSTEE SEPENOSKI: I have no questions. Thank you, for your
presentation of those facts.
MR. ALVAREZ: That concludes our presentation, if there are any
further questions, certainly we are here to answer those as
well.
TRUSTEE SEPENOSKI: All right, I invite additional comments from
the public.
MR. LISH: Good evening. Damon Lish, adjoining neighbor to the
west. I was just curious, how tall was it?
TRUSTEE KRUPSKI: You can't talk back and forth.
MR. ALVAREZ: 150 feet.
MR. LISH: Okay, 150 feet. And where, how far does that place
that -- is there, or I should ask, is there still like a
fall-down limit if it's going to fall into somebody's
neighboring property?
MS. HULSE: So the question should be posed to the Board and then
the Board will respond if they are --
MR. LISH: Okay. Is there a required limit? I can't tell if
that's a scale up there. If that 150 feet is within our
Board of Trustees 23 October 18,2023
property lines exactly or not.
TRUSTEE GOLDSMITH: So that' s not necessarily in the purview of
this Board. We deal with Chapter 275, the Wetland ordinance, so
if it will have a negative environmental impact. As far as a
fall-down zone or something, that is not up to us. - -
MR. LISH: Okay.
TRUSTEE SEPENOSKI: That would be a consideration for Planning or
Zoning Board of Appeals.
MR. LISH: Okay. All right. Great.
TRUSTEE SEPENOSKI: Thank you. Are there any other comments from
the public or questions or concerns from the Board?
TRUSTEE KRUPSKI: I guess just that this be, you know, Dark Sky
compliant, not lit aside from the minimal lighting that a tower
needs.
MR. ALVAREZ: Understood. Yes, we would agree to that.
TRUSTEE GILLOOLY: And can you clarify the square footage of, the
amount of square feet that this project will encompass?
MR. ALVAREZ: Sure. So we reference 3, 500 square feet, and that
includes not only the compound area, about there are also going
to be the installation as part of your Town' s wireless
ordinance, there is a requirement to also include screening,
which would amount to the installation of vegetation that would
go around the compound, so together that would add up to the
3, 500 square feet.
TRUSTEE GILLOOLY: So it's inclusive of the trees. Okay. Thank
you.
TRUSTEE SEPENOSKI: Any additional comments from the public or
the Board?
MR. ALVAREZ: I would just like to point out to the gentleman's
point, we will be addressing that question at the Planning Board
hearing which is coming up in November.
TRUSTEE SEPENOSKI: Thank you.
MR. ALVAREZ: Thank you.
MS. HULSE: Can you perhaps give him that date, if you would,
sir.
MR. ALVAREZ: Absolutely. It' s November 6th. You'll receive
notice.
TRUSTEE SEPENOSKI: November 6th. Okay, hearing no further
comments, I 'll make a motion to close this application.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .-
TRUSTEE
YES) :TRUSTEE SEPENOSKI: I' ll make a motion to approve the application
as submitted.
TRUSTEE GOLDSMITH: Second. All in favor?
(ALL AYES) .
MR. ALVAREZ: Thank you, very much.
TRUSTEE KRUPSKI: Thank you. Have a good night.
TRUSTEE GILLOOLY: Number 4, Nigel Williamson on behalf of
Board of Trustees 24 October 18, 2023
THEODORE & CARISSA STRATIGOS requests a Wetland Permit for the
existing one-story 2, 475sq.ft. Dwelling with 133. 65sq.ft. Open
covered porch, a 1, 080sq.ft. Seaward wood deck with two sets of
stairs, a 47.236sq. ft. Hot tub, and a 214.56sq.ft. Metal awning
on the deck; remove the roof on existing dwelling and construct
a second-story over existing first story; construct a 618sq.ft.
First-story addition onto landward side of dwelling; construct a
254sq. ft. Sedond-story addition to the northeast corner of
dwelling; construct a 133; 65sq.ft. Addition over existing
covered porch; construct a 17.375sq.ft. Set of stairs to the
southwest corner of deck; remove existing metal awning and
install a 241.38sq.ft. Fixed structure awning with retractable
operable louvers; install a 16sq.ft. Outdoor shower; remove
existing chimney; pump and remove existing block septic system
and install a new I/A OWTS septic system landward of dwelling;
install gutters to leaders to drywells; install a buried 500
gal. Propane tank; install a generator; and existing pervious
driveway.
Located: 550 Blue Marlin Drive, Southold. SCTM# 1000-57-1-27
The Trustees most recently visited the site on October
11th, noting the awning should be labeled "retractable" to
accurately reflect the project as described.
And Trustee Sepenoski reviewed this project on October
15th, noting to address awning concern.
The LWRP reviewed this application and found it to be
consistent.
And the Conservation Advisory Council resolved to support
this application with the condition that the existing buffer is
planted with native vegetation and a ten-foot non-turf buffer
landward of the retaining wall planted with native vegetation.
Is there anyone here wishing to speak regarding this
application.
MR. WILLIAMSON: Nigel Williamson, for Mr. and Mrs. Stratigos.
TRUSTEE GILLOOLY: So, when we were on the site we called you to
discuss the awning.
MR. WILLIAMSON: Apologies.
TRUSTEE GILLOOLY: No problem. So right now it says that it has
louvres to open and close it. So my understanding is this is a
mostly open structure with an awning that opens and closes; is
that correct?
MR. WILLIAMSON: That is correct. There was a picture submitted,
I think way back on the original application. And based on the
Trustees' review of a site visit, and last year, I believe. I
can't remember, I don't have the date in front of me.
TRUSTEE PEEPLES: So will it be retractable as well as having
operational louvres?
MR. WILLIAMSON: Correct.
TRUSTEE PEEPLES: So when it's in its retracted position, it is
similar to a pergola of sorts?
MR. WILLIAMSON: Well, it will be --
Board of Trustees 25 October 18, 2023
TRUSTEE PEEPLES: Meaning it would be open structure on the top,
the sides would also be open when it's in its retractable state.
MR. WILLIAMSON: Correct.
TRUSTEE PEEPLES: Okay.
MR. WILLIAMSON: Yes. Or even when it would be fully extended,
within the fixed structure, I mean the louvres will be operable
anyway, as if, it was a pergola, or else the whole thing would
slide back. So the whole top would be open as well.
TRUSTEE PEEPLES: Okay, thank you, very much.
MR. WILLIAMSON: So, I'm sorry, you said you want "retractable"
put on the survey?
TRUSTEE GILLOOLY: I think this clarification helps a lot, and
the reason we are making a finer point about this is because
this particular structure is ahead of the pier line, so if there
ever was an intention to enclose this structure we would need to
obviously come back and this would have to comply with the pier
line with the existing neighbors.
So given that this is not an enclosed structure and does
not have that purpose, I think that clears things up.
MR. WILLIAMSON: All right. Well, I'll get the note from the
service so there is no, when I'm dead and buried there will be
no misunderstandings. And you� said a ten-foot buffer?
TRUSTEE GILLOOLY: That was the recommendation of the
Conservation Advisory Council. We have noted the buffer that
exist on the property, and that it is consistent with neighbors,
so I think that I personallyfam comfortable with the existing
buffer.
MR. WILLIAMSON: Well, I think my client will be appreciative of
the existing buffer remaining as is. So I don't know how the
Board feels about that.
TRUSTEE GILLOOLY: Is there anyone else here that wishes 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 GILLOOLY: I make a motion to approve this application as
submitted, pending new plans with updated description per Nigel
Williamson. That's it.
MR. WILLIAMSON: Thank you.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
MR. WILLIAMSON: Have a good night.
TRUSTEE PEEPLES: Number 5, LAUGHING WATER PROPERTY,OWNERS
ASSOCIATION requests a Wetland Permit for a Ten (10) Year
Board of Trustees 26 October 18, 2023
Maintenance Permit for maintenance dredging the area known as
the South Marina which is to consist of dredging approximately
200 cubic yards of sand to a depth of -4 Mean Low Water; after
dewatering, sand is to be deposited on the beach between Mean
High Water and Mean Low Water. - - -
Located: 2360 Minnehaha Boulevard, Southold. SCTM# 1000-87-3-60
The Trustees most recently visited the site on October 11th
and noted the application was straightforward, and that there
are navigational issues.
The LWRP finds this application to be consistent, and makes
the note the spreading of the sand on the beach between mean
high water and mean low water would seem to provide a nearby
source to silt up the inlet again. Consider a better disposal
site.
The Conservation Advisory Council resolved to support the
application and recommends the applicant consult with Cornell
Cooperative Extension for long-term solution.
Is there anyone here who wishes to speak in regard to this
application?
MR. MITCHELL: Good evening. I 'm Ray Mitchell, I'm the Laughing
Waters acting president and the applicant.
We met together, is there any other additional questions
that you may have of me?
TRUSTEE SEPENOSKI: No. I felt this was a straightforward
application, no navigational concerns.
MR. MITCHELL: I thank you for your time.
TRUSTEE SEPENOSKI: Thank you.
TRUSTEE PEEPLES: Is there anyone else who wishes to speak?
(No response) .
Any other questions or comments from the Board?
(Negative response) .
This is a very straightforward application for the maintenance
dredging, so with that said 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 as
submitted.
TRUSTEE GOLDSMITH: Second. All in favor?
(ALL AYES) .
MR. MITCHEL: Thank you, for your time. Good night.
TRUSTEE PEEPLES: Thank you. Have a good evening.
TRUSTEE GOLDSMITH: Number 6, David Bergen on behalf of GEORGIOS
KATSAMANIS requests a Wetland Permit to replace existing
bulkhead in-place with a new 70. 6' bulkhead using vinyl
sheathing, 10" pilings 6' on-center, 6x6 whalers, 16' tie rods
leading to vertical deadmen with horizontal lay logs; install a
non-treated lumber cap; remove and replace with new one 6'x4 '
Board of Trustees 27 October 18, 2023
cantilevered platform, access emergency swim ladder, water and
electrical connections; the existing 31x12 ' adjustable ramp with
handrails to existing 6'x48 . 6' floating dock to be temporarily
removed and replaced in-place; reclamation dredging to a maximum
- .--- of 4 ' depth at mean low tide along the entire length of bulkhead
to extend to a maximum of 10' off of bulkhead resulting in
approximately 10 cubic yards of material to be placed behind
bulkhead; and to perpetually maintain the existing 5' wide
non-turf buffer along the landward edge of the bulkhead.
Located: 710 Maple Lane, Greenport. SCTM# 1000-35-5-24
The Trustees conducted a field inspection October 11th,
noting to increase the non-turf buffer to ten feet.
The LWRP found this to be consistent, with the use of
turbidity controls.
The Conservation Advisory Council resolved to support the
application.
Is there anyone here wishing to speak regarding this
application?
MR. BERGEN: Dave Bergen, on behalf of Mr. Katsamanis, and thank
you, for your time this evening.
I feel it' s a pretty straightforward application. You had
requested, I noticed on the field inspection notes, to increase
the buffer from five foot to ten. So we have agreed to do that.
And we submitted plans to the office yesterday that demonstrates
that buffer will be increased from five to ten feet.
So if there are any other questions from the Board, I would
be glad to address them.
TRUSTEE GOLDSMITH: Okay, 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'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 modified project description to read ten-foot wide
non-turf buffer, instead of five-foot wide non-turf buffer,
which will match the new plans submitted stamped received
October 16th, 2023.
TRUSTEE GILLOOLY: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE KRUPSKI: Number 7, Jeffrey Patanjo on behalf of 225
WILLIAMSBURG DRIVE, LLC, c/o WILLLIAM TOTH requests a Wetland
Permit to remove and replace 101 linear feet of deteriorated
timber bulkhead in-place with new vinyl bulkhead including two
16' vinyl returns on either side of existing 14'x16' wood ramp
Board of Trustees 28 October 18, 2023
which shall be replaced in-place and in-kind utilizing untreated
timbers; construct a new 4' wide by 40' long boardwalk on-grade
with untreated timber decking; install and perpetually maintain
a 10' wide non-turf buffer along the landward edge of the
bulkhead; install a proposed 141x24' in-ground pool with 12" -- -- - --
bluestone coping on grade around entire pool (no patio) ; install
pool enclosure fencing with gates; install a pool equipment area
and a pool drywell for backwash; demolish existing 58.4 'x24 .4 '
dwelling and garage, leaving existing foundation and garage
slab; construct a new 58. 4 'x24 . 4' two-story dwelling in existing
foundation footprint with attached garage on existing slab;
construct a 201x23. 9' single story addition on south side of
dwelling; construct a 16'x20' covered porch with second story
balcony above on south side of dwelling; construct a 5. 91x20'
front covered porch; replace existing conventional sanitary
system with new I/A style sanitary system landward of dwelling;
and install gutters to leaders to drywells to contain roof
runoff.
Located: 145 Williamsberg Road, Southold. SCTM# 1000-78-5-13
The LWRP coordinator found this to be consistent, noting
that the applicant must maintain the existing trees in and near
the buffer, the use of turbidity controls and the minimization
of CCA-treated material.
The Conservation Advisory Council does not support the
application because the setbacks of the pool, porch and proposed
addition, are not in compliance with Chapter 275, and recommends
a ten-foot buffer planted with native vegetation.
The Trustees visited the site at field inspection on the
11th of October and noted that they would like to see new plans
with a conceptual pier line from the vacant lot, a one-for-one
tree replacement for any trees removed, and concerns about
location of the pool and proximity to the creek, and also to
review the wooden ramp that is existing.
Is there anyone here that wishes to speak regarding this
application?
MR. PATANJO: Jeffrey Patanjo, on behalf of the applicant.
The Conservation Advisory Council I believe was requesting
a non-turf buffer, and it is shown on the proposed plan,
ten-foot wide non-turf buffer.
With regard to the questions from the Trustees, one-for-one
replanting of trees, we can condition that, I can show that on
revised plans. No objections to doing that.
The wooden ramp, this is a, you know, up and down this
creek, I actually did the next-door neighbor, we removed the
wood ramp. This guy wanted to keep the wood ramp. So I'm
showing it to be removed and replaced. We do have a DEC permit
for it going back, in-kind/in-place, no changes to it. This is
really a removal and replacement of the existing bulkhead,
adding a little walkway along the face of it. And, you know,
reconstruction of the proposed, the existing house, with the
Board of Trustees 29 October 18,2023
addition of the pool.
There was talk of the pier line, the vacant lot next door,
the one, the bulkhead's on it, we moved the bulkhead back, we
put in the floating dock. Obviously, it' s vacant. I did the
pier line, the projection on my pier line is to the house
further to the south. So I took the house to the north,
directly to the north, and then the house all the way to the
south between that vacant lot as that pier line. And if you
wanted to, you know, we'd have to look at the current setbacks
that are permitted, to place a proposed house on that vacant
lot, knowing that the DEC's regulations for setbacks are really
like 75 feet. So it would be back a little bit further.
TRUSTEE KRUPSKI: So the Board did have a discussion about this,
you know, because obviously it doesn't always come up that there
is a vacant lot next door.
One issue with your plans is that the pier line curves. So
we would need to straighten that out. The other one would be to
put in, you know, essentially, like a phantom house next door,
draw a pier line with the neighboring, which I think actually
gives you a little bit more.
MR. PATANJO: You're right, it does curve.
TRUSTEE KRUPSKI: But then draw a straight pier line from the
neighboring house, to the, you know, neighbor-to-neighbor, so
it's adjacent-to-adjacent, and give us plans of the straight
pier line showing that. And then we are looking to conform to
that.
And then, also, I should note there is a letter from the
DEC in the file with concerns of long-eared bats and that this
is a critical habitat area. So any trees would not be able to
be trimmed.
MR. PATANJO: Until September, or something like that?
TRUSTEE KRUPSKI: Yes, the stipulation is, which would probably
be called out and a new submission, you know, you're submitting
new plans and a description. Here, cutting activity shall only
be conducted between the dates of November 1st and March 31st.
And we would, the Board would certainly want to see some, if
anything did need to be taken down, if it was, you know, was
aged out or anything like that, we would sort of want to hear,
you know, why, and then also stipulate a native hardwood
replacement. Or if it' s cedar, the same like in-kind.
MR. PATANJO: To go back to the pier line, and I noted here a
couple of times on the plan, and I do apologize for that crooked
pier line, I don't know how that happened. Because I draw this
myself, and I don't remember doing that.
There is no seaward projection of this house. There is no
new structures further seaward. It' s the existing footprint.
It's there, it' s been there since 1920 or whenever it's supposed
to have been installed.
So the only they are doing is going to be a second story
addition on the existing footprint. So there is no, again, to
Board of Trustees 30 October 18, 2023
reiterate, there is no seaward projection at all.
TRUSTEE KRUPSKI: So the project is being considered a
demolition, so we'd have to conform to the current pier line in
that location.
MR. PATANJO: Okay.
TRUSTEE KRUPSKI: Any additional comments?
MR. PATANJO: Yes. So the thing is to address, so I'm sure I got
them all, would be the one-for-one for the trees, to put it on a
proposed house on a vacant lot, reconfigure the pier line, and
then also put in the description notations about the long-eared
bat and the season for trimming trees.
TRUSTEE GOLDSMITH: Yes.
TRUSTEE KRUPSKI: And I would take a good hard look at the pool
because it' s awfully close to the bulkhead, and that' s, in terms
of transparency, I don't like the location.
TRUSTEE GOLDSMITH: And the other thing, we are kind of getting
ahead of ourselves here, but with that wood ramp, potentially if
they are looking for a dock or something, going forward. I know
you've proposed it in the past, doing like a cut-in, you know,
basin. That might be the ideal location because it' s a very
tight creek to begin with. So, you know, to go any further
seaward than the edge of that bulkhead, so if you are going to
do it, now would be the time. Just consider that.
MR. PATANJO: Yup.
TRUSTEE KRUPSKI: Good comments.
TRUSTEE GOLDSMITH: Thank you.
TRUSTEE KRUPSKI: Is there anyone else here that wishes to speak
regarding this application?
MS. MARKOTSIS: My name is Irene Markotsis. I'm right next door.
I'm not opposed to their building, but, and it will be a
pleasure to live next to nice property after all these years of
living next to it was not very good.
But, um, my concern is -- and I wanted to get in contact
with you -- is that, and I don't know if this is the platform
for it, but I'm having a bulkhead done.
MR. PATANJO: I did your permits.
MS. MARKOTSIS: Oh, thank you. So I wanted you to know that. And
my other concern is where the septic system is. I believe it's
between that house and my house; am I right?
TRUSTEE KRUPSKI: You just have to speak to the Board and then
Mr. Patanjo can come up.
MS. MARKOTSIS: I'm sorry.
TRUSTEE KRUPSKI: No, that's okay.
MS. MARKOTSIS: I'm just concerned about the cesspool system,
that it' s on, it's between that house and my house. And I
thought traditionally they are put in the backyards. Am I
wrong?
TRUSTEE KRUPSKI: It does vary depending on location. So after
you are done with your comments, we'll ask the agent to come
back up and just speak to the location of the proposed. I know
Board of Trustees 31 October 18, 2023
that with the new septic, they are able to be put in areas that
otherwise would not be appropriate, but they are not going to be
leaching as much toward your ,property.
MS. MARKOTSIS: Right. I was just --
TRUSTEE KRUPSKI: With those new systems. No, it' s a very fair
question.
MS. MARKOTSIS: And with the pool, I love the fact there will be
a pool, but I'm concerned that it' s fenced and it's safe because
I have grandkids. And I'm surprised that there is a permit for
it so close to the bulkhead because I remember, but I guess
because it' s not a structure.
TRUSTEE KRUPSKI: Well, there' s not a permit for it yet. It
would have to be approved and then any pool would require a
fence, but we are probably putting the cart before the horse
with that one.
MS. MARKOTSIS: Great. That' s it. Thank you.
TRUSTEE KRUPSKI: Thank you.
TRUSTEE GILLOOLY: Thank you, for your comments.
MR. PATANJO: Just to answer the questions that the pool, the
cart before the horse, but if a pool will be fenced and be
within New York State code and building code and all that. And
the sanitary system is in between your property and it' s on the
north side of the house, it meets all the Suffolk Health
Department requirements for setbacks. It is also a new style
system, not like the old systems. It' s the new IA system, which
is super treatment, clean water, and it' s a whole new, it's all
up to the current standards, current codes and meets better than
what is there now. And it's further away from the waterbody,
which also stops pollution of the water. So it' s helping the
environment.
TRUSTEE KRUPSKI: Thank you.
MS. HULSE: Mr. Patanjo, the letter from the DEC indicated
November through March 31st. But in Suffolk County the dates
per the DEC is December 1st through February 28th of no cutting.
Just to make you aware of that, because they do enforce that.
MR. PATANJO: So no cutting December 1st to --
MS. HULSE: Only. So no cutting, I 'm sorry, other than December
1st through February 28th. They gave a bigger window, but that
is for the rest of New York State.
MR. PATANJO: That's conflicting, so. All right. So it would be
December 1st, no, it would be November to March. Because we
have to do the stricter one. No, I'm sorry. December to
February.
TRUSTEE KRUPSKI: That's right. That's the stricter one.
MS. HULSE: Correct.
TRUSTEE KRUPSKI: Thank you, for that clarification. Is there
anyone else here that wishes to speak to this application? Or
additional comments from the members of the Board?
(No response) .
Did you wish to table that application?
Board of Trustees 32 October 18, 2023
MR. PATANJO: Yes. At the request of the applicant, I would like
to table the application.
TRUSTEE KRUPSKI: Hearing no further comments, I make a motion to
table the application pending receipt of new plans.
TRUSTEE GILLOOLY: Second. --
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE SEPENOSKI: Number 8, Jeffrey Patanjo on behalf of THOMAS
& ELAINE GINDELE requests a Wetland Permit to remove existing
overgrown and dead plant materials from existing 50' wide
Non-Disturbance Buffer area landward of existing bulkhead and
replace with native plantings that are drought tolerant,
non-fertilizer dependent, and attract wildlife.
Located: 590 Tarpon Drive, Greenport. SCTM# 1000-57-1-6
The Trustees have written during their field inspections
that the Board has concerns about callouts for boulders, mulch,
landscape fabric and beach stone. Discuss further at
work session. The plan indicates significant disturbance to a
non-disturbance buffer. Concerns about the scope of work.
The LWRP found the project to be inconsistent.
Non-disturbance buffers are to remain in their natural state as
established and colonized by vegetation that is non-hazardous.
The Conservation Advisory Council similarly found this
project suspect, and resolved not to support it.
The Conservation Advisory Council does not support any
disturbance within a non-disturbance buffer.
I invite comments from the public.
MR. PATANJO: Jeff Patanjo, on behalf of the applicant.
So this is a suspect application, apparently. It' s really
a beautification project that the property owner wanted to
revegetate with native plants. The existing overgrown, I don't
even know what you would call it. I'm assuming the Trustees went
there and saw it.
TRUSTEE SEPENOSKI: Twice.
MR. PATANJO: It's just an overgrown mess of land that was not
maintained over the years, so trying to bring it back into in
conformity for a nicely vegetated buffer; a non-fertilized
buffer that is all native plants with some natural stone in
there.
I don't have much really to add, actually, with this
project. But I'm happy to answer any questions.
TRUSTEE SEPENOSKI: I think that for me this is straightforward.
It's a non-disturbance area and you are proposing to disturb it
significantly with boulders, landscape fabric, mulch, replanting
things.
The LWRP find it inconsistent for the reasons already
mentioned. And we find it difficult to find a way to bring that
into conformity with the LWRP policies. That is my view of the
application.
Board of Trustees 33 October 18, 2023
I welcome comments from my colleagues if they wish to add.
TRUSTEE GILLOOLY: Liz, would you mind scrolling back to 2001 on
this property. This is just before the home was built, and I
think it sort of gives us an idea of what was there.
MS. CANTRELL: (Complying) .
TRUSTEE GILLOOLY: So that's how the property looked prior to
the development of the property, and I think in an effort to put
a home on this lot there was sort of a deal made .to preserve 50
feet of that vegetation.
So I think that when we look at that and we look at ways
that we can co-exist with nature, I think this is one of those
where we were trying to preserve the nature that was there, and
so at this point to then go in and beautify or change
everything, is not appropriate, in my view.
TRUSTEE SEPENOSKI: Well said. It' s been said on this dais
before that words matter, words have meanings. And a
non-disturbance buffer is a non-disturbance buffer. There is
nothing hazardous about it at the current state it' s in, so I
believe it should remain that way.
Any other comments from the public or members the Board?
(Negative response) .
Hearing no further comments, I'll make a motion to close this
application.
TRUSTEE KRU,PSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE SEPENOSKI: I'll make a motion to deny this application
under 275-12, sections (a) , (b) , (d) and (j) , preserve the
non-disturbance buffer that was already permitted in that
location.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
MR. PATANJO: Thank you.
TRUSTEE GILLOOLY: Number 9, Michael Kimack on behalf of D.M.
BASILICE REVOCABLE TRUST requests a Wetland Permit to replace
existing displaced rock groin with a new 35' long groin using
vinyl sheathing from new bulkhead to Mean Low Water and set 18"
above highest shoreline grade at bulkhead; and to relocate
existing groin boulders against base of new vinyl bulkhead.
Located: 3255 Bay Shore Road, Greenport. SCTM# 1000-53-6-8
The Trustees most recently visited the site on October
11th, noting that the groin appears to be non-functioning, and
made of rock. Seek input.
And then Trustee Sepenoski visited the site on October
15th, noting the groin is in disrepair and ineffective.
The LWRP reviewed this application and found it to be
inconsistent. The groin is non-functional and should not be
replaced. Only in-place replacement of existing low profile
Board of Trustees 34 October 18, 2023
functional jetties and groins as defined in Chapter 275 is
permitted.
The Conservation Advisory Council resolved not to support
this application.
The Conservation Advisory Council does not support the
application to construct a new groin.
Is there anyone here who wishes to speak regarding this
application?
MR. KIMACK: Michael Kimack, on behalf of the applicant.
Obviously it' s going to be an uphill fight but I might as
well give you the information that I had to provide to the DEC.
I filed the application with them. They came back with a
request that I physically go out there and measure up each one
of the stones, count the stone and measure the cubic footage and
the weight factors, which I did. And there were 78 stones
between the low water mark and the bulkhead, averaging 1.5 cubic
feet each, for nine tons of stone.
Now, granted, you can see the pictures, there is much more
accumulation of stone between the low water mark and about half
to two-thirds of the way up, with less stone between the
bulkhead, which had been replaced. However, it does, if you
took a picture of it, I think you'll probably see that it is
functioning in terms of still trapping the littoral sands moving
over there as it did before. The upper section though has been
filled in with the activities over the years with sand actually
accumulating in that last upper 10 or 15 feet where you don't
see that many stones at that particular point.
But it' s catching, if you could look at it, the one to the
left, the stones, basically which is in more places exactly the
same sand catch as the one that you are saying is in disarray.
So I really don't quite understand where you would be able to
make that distinction.
There is pretty much the sand line is pretty much even with
both of them. And you've got photos of that one as much as
mine. That one shows much more substantial stone above the sand
grade.
TRUSTEE GILLOOLY: Liz, scroll to the most recent aerial, please.
MS. CANTRELL: (Complying) .
MR. KIMACK: What year is that, Liz?
MS. CANTRELL: 121.
MR. KIMACK: Is it the high water mark?
TRUSTEE GILLOOLY: Well, I think it illustrates the lack of
function over the last few years.
Um, when we were onsite, we noted that this groin is not
functioning the way that the groin is intended to function, and
per the code it has to be 75%. So the code reads: A jetty or
groin that is at least 75% physically intact and serving the
purpose for which it was designed.
At this stage, I do not see it functioning in that
capacity.
1
Board of Trustees 35 October 18, 2023
MR. KIMACK: A good portion of that, I didn't really measure how
far it went out, but a good portion of that groin is really
seaward of the high water mark, and the stones are really
there, it' s a substantial amount of stones and I think it
probably goes out at least another 20 feet in there. Now, that
is where the groin ends. Obviously we can't go out that far. We
have to stop in the mean water line, primarily. But to put it
in, it's about 35 feet from the new bulkhead that was placed,
and which I think you saw when you went out there. I think it
was pretty much finished, going out 35 feet. But the stones go
out at least another 20 feet beyond that, and they are more
substantial on the last half of it going out between 35 feet to,
because when I measured it, they ranged between nine to 18
inches high, which would be the height that we would be putting
in the groin. The 18-inch groin.
So we would not obviously disturb any of the stones that
were into the high water mark, that would be left and we would
just pick up those stones, those 78 stones. And the
recommendation was to put them against the new bulkhead,
primarily, and not move them offsite.
There are a. substantial amount of them, and unfortunately
that upper section has a lot more sand covering it, when you are
talking about the functionality of where it' s caught.
The one of the left-hand side, obviously, has much more
height landward than this one. It's catching a little bit much
more sand than that particular one. That' s all I can say.
TRUSTEE GILLOOLY: Thank you. Is there anyone else here wishing
to speak regarding this application, or any other questions or
comments from the Board?
(Negative response) .
Hearing none, I make a motion to close this hearing.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE GILLOOLY: I'll make a motion to deny this application
because it does not meet the Town's definition of a "functional
jetty."
TRUSTEE SEPENOSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE PEEPLES: Number 10, Michael Kimack on behalf of JOSEPH
J. GRILLO, SR. LIVING TRUST requests a Wetland Permit for the
as-built 3, 406. 4sq.ft. Two-story dwelling with garage; as-built
2, 381.7sq.ft. First story wood wrap-around deck; as-built
621sq.ft. Second story deck; as-built 3.51x10' wood steps with
concrete underneath off deck; as-built 5.51x10' wood steps with
concrete underneath off deck; as-built 51x20. 9' plus 1. 1'x1. 9'
(106.59sq. ft. ) Roof over open stone porch; as-built 215.4sq.ft.
Open stone porch with steps; as-built 4 'x4 ' outdoor shower under
Board of Trustees 36 October 18, 2023
deck; as-built 4 'x39' stone walkway set in gravel, partially
under deck; as-built 3'x15' concrete pad for three (3) a/c
units; as-built 3, 413sq.ft. Gravel driveway; as-built 174 linear
feet of Belgium block curbing around two sides of driveway;
as-built 6 linear feet of rock edging along gravel driveway; - - - -
as-built 1.5'x45' brick and stone wall along gravel driveway
with two (2) brick and stone walls (1.51x5' and 1.5'x6.5' )
surrounding stone steps; as-built 4'x7 .5' stone steps from stone
walk to gravel driveway; as-built brick and stone steps from
gravel driveway to stone walk: 3.51x8' with two (2) 2 .5 'x4'
brick pillars each with lamps on each side of brick and stone
steps; as-built 535sq.ft. Of stone walk from brick and stone
steps to open stone porch with steps, and including stone walk
to stone steps; as-built 5'x6' wood steps from gravel driveway
toward wood deck; as-built 121x20' cantilevered wood platform
off bulkhead to a 3'x16' hinged metal ramp to a 61x20' floating
dock; to establish and perpetually maintain a 19, 080sq.ft.
Non-Turf Buffer Area in the area from the bulkhead along Great
Peconic Bay and Brushes Creek and extending landward to the top
of bank, then along stones set in gravel walk and along Belgium
block curbing of gravel driveway; a portion of the Non-Turf
Buffer includes a slope from the toe to top of bank to be
covered with one (1) layer of jute 0/E grounded with 6" pins and
planted. with America beach grass 12 ' on-center; with the
remainder of the area to be a Non-Turf Buffer consisting of sand
with interspersed areas of natural vegetation.
Located: 365 Mesrobian Drive, Laurel. SCTM# 1000-145-4-12. 1
The Trustees most recently visited the site on October 11th
and noted: Questioned the permit history of the dock, need to
re-vegetate the slope. Additional planting and trees in the
non-turf buffer. And on October 15, 2023, Eric Sepenoski noted
concerns about vulnerability of slope to erosion.
The LWRP coordinator found this application to be
inconsistent with Policy 6.3, structures were built without
Board approval, and noted in the event the action is approved,
it is recommended that the Board maximize the vegetation within
the non-turf buffer and include the existing vegetation;
prohibit fertilization and storage of items within the buffer to
further Policy 6.
A covenant and restriction filed with Suffolk County is
recommended to preserve the vegetation within the non-turf
buffer.
The Conservation Advisory Council does not support the
permanency of the Belgium blocks due to their location.
And we are also in receipt of an e-mail from the applicant
Mr. Kimack on October 15th, and in this e-mail he notes that he
will submit a revised plan showing the entire area to be
non-disturbance. The entire non-turf area to be non-disturbance
after the planting of American beachgrass along the slope as
presently predicted. This will allow the area to naturally
Board of Trustees 37 October 18, 2023
revegetate to the extent nature allows without any further
interference.
Is there anyone here who wishes to speak in regard to this
application?
MR. 'KIMACK: Michael Kimack, on behalf of the applicant.
Obviously we were asking for a lot of the as-built to
occurred on the property to be legalized, you know, with the
permit, essentially like that. But the concentration of thought
on this one really goes to the area that is going to be set
aside to be either a non-turf or non-disturbance buffer.
The letter that I wrote, actually, and my understanding, I
did resubmit all of this to make sure I had enough, all of the
details on here, so that you had understood exactly what I had
described in the description relevant to where it was on the
plan itself.
This whole area; if you look at the big plan in the red, is
essentially right now primarily sand with grown native
vegetation. There is no turf as it now exists in that whole
area.
If you go back 20 years, basically, which I did, looking at
it, basically, there is sometimes more sand with less vegetation
than there is a little bit more. But that area along the
bulkhead has always been a sand area, and where that boat is
right now, which is no longer there, obviously, is pretty much
now grown in. I'm not quite sure what year Liz has up there.
Liz, which one is that?
MS. CANTRELL: It says 121.
MR. KIMACK: Okay. No, I wasn't quite sure exactly which was --
I'm not quite sure it's a later one than that. It is the later
one, is it not?
MS. CANTRELL: It is the latest one.
MR. KIMACK: Yes, that's what I basically saw. If you go back a
few, Liz, in terms of, you'll see that there is, over a period
of time, there was more natural vegetation that grew in,
primarily.
And that whole section in the front had always been sand,
and then it grew in, and it was a bit more disturbed. It' s
beginning to grow back again.
What I had basically requested was that this area now has
been and existed non-turf, ever, for the last 20 years, if you
look at it; there's never been any grass there. And I think, as
I understood it, what you are looking for, is you wanted the
thing planted with American beach grass. But it' s already a
non-turf structure. The definition, basically, allows
vegetation, or it allows, I should say, it allows sand or
gravel.
Now, in the language of that, once it's something is
allowed, it' s permitted. So I 'm not quite sure if I understood
why the Board would want the whole thing planted with American
beach grass when that whole area is already non-turf and
Board of Trustees 38 October 18,2023
essentially by planting of all of that American beach grass, it
essentially, whether your call it a non-turf buffer or
non-disturbance, it becomes all the same, because no one will be
able to go down there and do anything with it anyway,
essentially.
TRUSTEE PEEPLES: Well, just to clarify, there is a difference
between non-turf and non-disturbance. What we have noted between
our various site visits to this property, and please keep in
mind the reason that we were brought to the property was because
all of this structure had been built without permits.
MR. KIMACK:, Understood.
TRUSTEE PEEPLES: So, you know, part of the dialogue we have been
having internally and with you is that all of this, you know,
you are asking us to legalize all of the structure, and so we
are trying to focus on the environmental aspect of the area that
is seaward of the house.
We, when we went, I can't remember the date, but at one
point there are photos in the file, where the entire slope that
is pretty extreme, it's not a subtle slope, is completely bare.
And there were concerns of erosion there, and so the indication
of the planting of American beach grass was kind of vital to
reducing that further erosion because that slope does get very,
very close to the deck and the patio structure that is up there.
MR. KIMACK: If you look at the plan that I did, Elizabeth, there ',
is a designation of everything to be non-turf, primarily,
covered, under natural conditions. But that sloped portion was
going to be covered with jute and planted with American beach
grass.
TRUSTEE PEEPLES: Exactly. So I was just kind of responding to
your comments --
MR. KIMACK: That area is laid out in the green lines.
TRUSTEE PEEPLES: Yes, I see that. I was responding to your
comment and just indicating that that is kind of what was the
direction of the Board --
MR. KIMACK: Actually, that, we have to do that. There is no
question about that.
TRUSTEE PEEPLES: Yes. And you have addressed that here in this
green portion. I do see that here. I was addressing your
question or your comment that the non-turf buffer and the
non-disturbance buffer are very similar.
MR. KIMACK: Well, my understanding was that the Board was
looking, and maybe this is my misunderstanding. I was not
there. And I had a chance and went to Cuba, had a great time.
TRUSTEE PEEPLES: That' s good. Nice to get away.
MR. KIMACK: Trying to build a kitchen. You want to see that.
That has to be planted with American beach grass, but the
rest of the property, which I would like to be able to have the
Board consider to be all non-turf, which it is presently right
now, half of it sand, half of it native vegetation which has
grown in.
Board of Trustees 39 October 18, 2023
I suspect if in fact that's the case, it will eventually
grow into the extent it's going to be able to grow in. I mean,
Mr. Grillo doesn't want to do anything with it. He wants to just
leave it as it is. So if we do designate it non-turf,
basically, now we do have to plant the slope of the hill, but if
the rest of it is non-turf, which about half of it is sand right
now and half of it is native vegetation, without planting
additional American beach grass, which to me doesn't make a lot
of sense, because you already have basically material which is
allowable as a non-turf material in there.
TRUSTEE PEEPLES: So as per your request in your e-mail, you had
requested this hatched area that is kind of outlined by red but
to be non-disturbance. And that originally --
MR. KIMACK: Only if you were going to require the whole thing to
be planted with American beach grass.
TRUSTEE PEEPLES: Well, I mean, I 'm speaking as one Trustee, but
I think that would, on this property, make sense to be that
non-disturbance area, because as you indicated, it has the sand
already, and the vegetation does kind of grow in naturally.
MR. KIMACK: It did to me also, in a sense, because the end
result would be the same. If we planted everything with
American beach grass, you would have a de facto non-disturbance
area because you would not be able to do anymore with it, in a
sense. It would be so you wouldn't be able to put anything on
it or move around it, essentially like that, simply because of
the vegetation.
So I think if the Board is so inclined, it would make sense
to, once I 'have that area of American beach grass grown, and we
do the designation, the only place I would need would be the
walkway from that wood platform getting over to the dock,
basically.
TRUSTEE GOLDSMITH: So, if I may, Mr. Kimack, if you see the
picture that is up on the screen now, that was the after. And
if you go back one, this was the before, when we first went. So
a non-disturbance, in our minds, is going to look similar to
that, which is what we wanted, which is what was there previous
to the construction activity.
So if we can revert it to some form of that where the
native vegetation will grow as it wants.
MR. KIMACK: Well, if we designate the whole thing
non-disturbance, then it' s going to take on its own natural
track.
TRUSTEE GOLDSMITH: Similar to what is shown on the screen, in my
mind.
MR. KIMACK: I think it' s gone back and forth over the period of
time. It' s grown in more.
TRUSTEE GOLDSMITH: It has, but if we jump forward one more, it
was definitely helped. So that' s not natural. One, the previous
slide was natural, that is not.
MR. KIMACK: If I may suggest, what we could do, and I could
Board of Trustees 40 October 18, 2023
correct it. May I walk up to the screen?
TRUSTEE GOLDSMITH: Sure.
TRUSTEE SEPENOSKI: Hold on, we're going to make some
suggestions, have a discussion before you do so, Mr. Kimack.
Just hold on until the Trustees have the time to converse.
each other and we'll come back together.
(After a brief pause, this proceeding continues as follows) .
TRUSTEE PEEPLES: Mr. Kimack, so we were just kind of speaking,
obviously there are visuals on the aerials that show kind of the
history of everything. And what has been noted by Trustee
Krupski, is that every one of these visuals, the aerials show
approximately let's say a 20-foot buffer landward of the
bulkhead, of sand, so, that would allow a beach. So perhaps
that 20-foot non-turf sand buffer is in place and then landward
of that would be -- or it can be non-disturbance and left to
naturalize with a four-foot access path. And then that would go
landward of the 20-foot non-turf sand buffer to the toe of the
slope there.
MR. KIMACK: And if I may also, and I think that' s an excellent
thing, and I think that's what the owner was looking for, too.
We could take that also, if you are so inclined, and what
we could do is we can leave, if you look at the other picture,
which is more indicative of, this would be left as the sand area
right now. We can basically take this line here and we can
plant all American beach grass and really in-fill as it was in
the preceding picture.
TRUSTEE PEEPLES: And you are talking about planting landward of
that line you just indicated?
MR. KIMACK: Landward of that line, which is sand now, and plant
American beach grass and just leave the non-turf for the whole
thing.
TRUSTEE GILLOOLY: And to be clear, we are not talking about a
sand path along the creek, just along the other bulkhead.
MR. KIMACK: This would remain. We in-fill all this in here.
This would remain as sand. I think it' s pretty much remained
that for the last 20 years that I looked at it.
TRUSTEE PEEPLES: And isn't that, that was the observation that
then would allow a kind of a beach area.
MR. KIMACK: I 'll draw a line, I'll go down and measure it and
draw a line and do American beach grass all the way through
here. And then we can just call it non-turf because essentially
whether it' s non-turf or whatever like that, it' s going to
remain, which you put the beach grass in with the original
vegetation, with the exception of that walkway from here to
here. That' s pretty much going to give access to the dock. If
that would be acceptable to the Board.
TRUSTEE PEEPLES: That would be acceptable to me as one Trustee.
I welcome comments from the Board in regards to that proposal.
MR. KIMACK: That' s a little more representative of the cut line,
and then everything from the sand landward of that we have to,
Board of Trustees 41 October 18,2023
we would fill in with American beach grass to tie back into the
existing vegetation all the way around.
It almost in a sense reclaims what had been disturbed by
construction in the last couple of years. The boat is no longer
there.
TRUSTEE PEEPLES: Do you happen to know the beam of that boat?
MR. KIMACK: That looks to be about an eight-footer, roughly.
That particular one.
TRUSTEE PEEPLES: Because when we were on the field inspection,
we did note that, you know, it is a very limited access there to
the creek, and, you know, concerns of a boat much larger than
that, and the impact that that would have on the neighbors and
their access.
MR. KIMACK: I agree, it' s a rather shallow, very narrow channel
going up through there, basically.
TRUSTEE PEEPLES: Yes.
MR. KIMACK: I don't think Mr. Grillo, at this particular point
of his life, is looking for another boat. But, um, perhaps what
you may do, if I can get that, you would want to put that into
the limitation for the boat size.
TRUSTEE PEEPLES: Exactly.
MR. KIMACK: Anticipating your next question.
TRUSTEE PEEPLES: Thinking kind of a nine-foot beam.
MR. KIMACK: I' ll get the beam, basically, and I'll change the
description of my language to limit the beam of the boat.
TRUSTEE PEEPLES: That would be appreciated.
MR. KIMACK: In that one. And then I'll also draw out between the
sand and what else is going to be planted, then we'll leave it as
non-turf, but everything else will be reclaimed as American
beach grass, and the area which has been disturbed between ' 19 -
'21, and going back two or three years where it' s clearly
showing more vegetation had existed.
TRUSTEE GOLDSMITH: And perhaps, Mr. Kimack, when you are doing
that calculation if you can try and measure the width of that
whole inlet, because we've got to make sure that the dock and
the boat is not exceeding that one-third.
MR. KIMACK: Basically I'll do it at two or three different
points along the way, because it looks like it might, although,
I guess it' s wider in the mouth, but it looks like it is filling
in on that eastern side. But I can do that. Between bulkheads.
As a matter of fact, I'll take, you can get a pretty good
measurement off the aerial using Google. Take the ruler,
basically, it's not the most accurate, but it' s pretty close.
Within 5%. And I 'll give you that measurement also.
TRUSTEE PEEPLES: Thank you, for your patience, Mr. Kimack.
MR. KIMACK: I appreciate the input. This was not an easy one.
It' s a lot of factors.
TRUSTEE PEEPLES: However, it' s not unreasonable to kind of arrive
at a solution here. The one thing we were just discussing is
the addition of the eastern red cedars on the property.
Board of Trustees 42 October 18,2023
MR. KIMACK: That's right. That's not a problem. I think he
wanted two. Any particular location?
TRUSTEE PEEPLES: No. I would say seaward of the house.
MR. KIMACK: That' s what I said it would be. Two-inch caliper?
Two-inch caliper, minimum? Two to three-inch caliper?
TRUSTEE PEEPLES: That's fine.
MR. KIMACK: Just to let you know, it' s always measured four-feet
off the ground. I learned that when I was up in Vermont cutting
trees.
TRUSTEE PEEPLES: Okay. Is there anyone else wishing to speak in
regard to this application, or any other questions or comments
from the Board?
(Negative response) .
Hearing none, I 'll make a motion to close this hearing.
TRUSTEE SEPENOSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE PEEPLES: I make a motion to approve this application
with the following stipulations:
That the slope seaward of the deck is to be non-turf,
planted with American beach grass 12-inches on center; to plant
at least four Eastern Red cedar trees, three-inch caliper,
seaward of the house; to condition a 20-foot non-turf sand
buffer landward of the bulkhead, on the bay; and that landward
of that, landward of that 20-foot buffer is to be vegetated
non-turf buffer with American beach grass planted the 12-inches
on center; condition of no fertilization on the entirety of
property; and the storage in the vegetated non-turf area, and
conditioned that the beam of the boat -- condition that the
combination of the beam of the boat and the float do not exceed
one-third of the total width of the water body as per Town Code;
and all of this with receipt of new plans depicting all these
conditions; and with the addition of a planting and
naturalization of the non-vegetated non-turf area, that thereby
brings this into consistency with the LWRP.
That is my motion.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
MR. KIMACK: Thank you, very much.
TRUSTEE GOLDSMITH: Motion for adjournment.
TRUSTEE SEPENOSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
s ec41dsmith,
y submitted by,
Glenn President
Board of Trustees