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HomeMy WebLinkAboutTR-11/15/2023 Glenn Goldsmith,President �QF SO(/jTown Hall Annex 5437 A. Nicholas Krupski,Vice President ,`O� Old 5 Route 25 P.O.. Box 1179 Eric Sepenoski J Southold,New York 11971 Liz Gillooly ua Elizabeth Peeples � � Q Telephone(631) 765-1892 Fax(631) 765-6641 �yCOUNT`I,Nc BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Minutes RECEIVE® Wednesday, November 15, 2023 DEC 1 5 2023 5:30 PM Present Were: Glenn Goldsmith, President Southold Town Cleric 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, November 15th, 2023 meeting. At this time I would like to call the meeting to order and ask that you please stand for the Pledge of Allegiance. (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 the attorney to the Trustees Lori Hulse and Senior Clerk Typist Elizabeth Cantrell. With us tonight is Court Stenographer Wayne Galante, and from Conservation Advisory Council we have Caroline Burghardt. Agendas for tonight's meeting are posted on the Town's website and also located out the hallway. We do have a number of postponements tonight. Postponements in the agenda are on page five, under Amendments: Number 2, 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 Board of Trustees 2 November 15, 2023 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 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. On page six, number 3, J.M.O. Environmental Consulting on behalf of W. HARBOR BUNGALOW, LLC, c/o CRAIG SCHULTZ requests a Wetland Permit and a Coastal Erosion Permit for the existing 6.5'x53' fixed dock with a 11'x11' fixed portion in an "L" configuration; existing 3.51x12' ramp and existing 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. On page 11, number 17, DEBORAH RIVERA PITTORINO requests a Wetland Permit for the existing 1, 152sq. ft. One-story dwelling and for the as-built reinforced floor joists, added insulation, replaced existing/new footings, and new windows; as-built 32sq.ft. Bathroom addition onto northern side of dwelling; as-built reconstructed 10'11"x18'7" easterly deck with steps to ground; as-built 8' 4"x22' 11" southern deck with steps to ground; existing ±4. 6' x ±5. 6' cement front entry; existing Bilco hatch and stairs to crawl space area; and as-built a/c unit replacement. Located: 68530 Route 25, Greenport. SCTM# 1000-53-2-1 And number 18, Margot Coffey & Clay Coffey on behalf of HC NOFO LC requests a Wetland Permit for a proposed two-story, single-family dwelling to replace existing single-story dwelling, to include an addition of a new 440sq. ft. Two-car accessory garage and proposed 2, 465sq.ft. Gravel driveway; existing 883sq. ft. Building to be demolished with the newly proposed ground floor to be 800sq.ft. And a proposed second floor that is 1, 175sq.ft. , total square footage of new two-story dwelling to be 2, 975sq. ft. ; a wrap-around ground floor terrace on the north, west and east sides of the dwelling totaling 1, 008sq. ft. ; a 250sq.ft. Second floor deck; one (1) 62sq. ft. Built-in planter to run adjacent to the north side ground floor terrace; install an innovative alternative wastewater treatment system that will prevent nitrogen and other harmful substances from leaching into the wetlands; install 8 ' diameter by 2' deep drywells with gutters to leaders to drywells to contain roof runoff; and to install and perpetually maintain a 15' wide non-turf buffer area upland of wetlands to be composed of native vegetation. . Located: 6370 Skunk Lane, Cutchogue. SCTM# 1000-104-5-3.3 And on page 12, numbers 19 through 22, as follows: Board of Trustees 3 November 15, 2023 Number 19, Baptiste Engineering on behalf of ALLISON CM FAMILY TRUST requests a Wetland Permit to remove existing wood planters and part of the existing stairs and construct a 64 ' landscape wall along the east, a 60' landscape wall along the south_ and. a-5 ' landscape wall along .the western portions_-of.-the_ property of the existing embankment; the proposed material for the landscape wall is formed concrete with a dye stamp; and the lowest elevation of the bottom of the wall (BW) is 5.5' with the highest elevation of the top of the wall (TW) is 12 .51 . Located: 820 East Road, Cutchogue. SCTM# 1000-110-7-22 Number 20, Patricia Moore, Esq. on behalf of ESTATE OF RICHARD JENSEN, c/o RICHARD C. JENSEN, JR. , EXECUTOR requests a Wetland Permit to demolish existing 1,205sq. ft. Dwelling and garage, 140sq.ft. Patio/terraces, and abandon existing sanitary system; construct a FEMA compliant two-story dwelling with 991sq. ft. On first floor, 1, 040sq. ft. On second floor, 414sq.ft. Attic, a 229sq. ft. Seaward side raised deck with a 108sq.ft. Splash pool on raised deck with steps to ground and locking 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 3'x4.5' outdoor shower; install an air conditioning unit stand on north side of dwelling; install a stone blend parking area for two cars; and install gutter to leaders to drywells, and a drywell for pool backwash. Located: 4155 Bay Shore Road, Greenport. SCTM# 1000-53-6-21 Number 21, Michael Kimack on behalf of WILLIAM MACGREGOR requests a Wetland Permit to remove existing wood dock, ramp, floating dock and pilings; construct a proposed 4 'x70' raised fixed catwalk with Thru-Flow decking throughout and secured with ten (10) rows of 8" diameter pressure treated pilings at 8 ' on-center set 3' above finished deck; install a 4 'x 5' pressure treated wood staircase off of landward end of catwalk; install a 31x14' aluminum ramp; install a 6'x20' floating dock (decking to be marine grade 0/E) , situated in an "I" configuration and secured with two (2) 10" diameter pressure treated anchor pilings; abandon approximately 30' of existing pathway and create approximately 41x30' of new pathway to connect to new dock location. Located: 1120 Broadwaters Road, Cutchogue. SCTM# 1000-104-9-2 Number 22, 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 Board of Trustees 4 November 15, 2023 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 41W trench) ; and for the existing 84sq.ft. Shed. Located: 5605 Stillwater Avenue, Cutchogue. SCTM# 1000-137-4-3.2 Under Town Code Chapter 275-8 (c) , files were officially closed seven days ago. Submission of any paperwork after that date may result in a delay of the processing of the applications. I. NEXT FIELD INSPECTION: TRUSTEE GOLDSMITH: At this time I'll make a motion to have our next field inspections Wednesday, December 6th, 2023, the 8:00 AM. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . II. NEXT TRUSTEE MEETING: I'll make a motion to hold our next Trustee meeting Wednesday, December 13, 2023, at 5:30 PM at the Town Hall Main Meeting Hall. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . III. WORK SESSION: TRUSTEE GOLDSMITH: I'll make a motion to hold Trustees work sessions Monday, December 11th, 2023 at 5: OOPM at the Town Hall Annex 2nd floor Executive Board Room; and on Wednesday, December 13th, 2023 at 5:OOPM at the Main Town Hall Meeting Hall. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . IV. MINUTES: TRUSTEE GOLDSMITH: I'll make a motion to approve the Minutes of October 18th, 2023 meeting. TRUSTEE SEPENOSKI: Second. TRUSTEE GOLDSMITH: All in favor? Board of Trustees 5 November 15, 2023 (ALL AYES) . V. MONTHLY REPORT: TRUSTEE GOLDSMITH: The Trustees monthly report for October 2023. A check for $32, 607.02 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 X Public Hearings Section of the Trustee agenda dated Wednesday, November 15th, 2023 are classified as Type II Actions pursuant to SEQRA Rules and Regulations, and are not subject to further review under SEQRA: They are listed as follows: 500 Glenn Road, LLC SCTM# 1000-78-2-23 Susan Magrino Dunning SCTM# 1000-17-1-2 .1 Christopher & Marissa Lazos SCTM# 1000-59-1-1 Paradise Point Association, Inc. SCTM# 1000-81-1-16. 10 & 1000-81-1-16. 11 KP Realty of Greenport, Corp. SCTM# 1000-35-3-12.11 Kathleen Walas �& Thomas Sarakatsannis SCTM# 1000-3-1-16 Stephen & Fortune Mandaro Revocable Living Trusts SCTM# 1000-31-17-4 Brian DeBroff SCTM# 1000-10-9-14 Katherine L. Oliver SCTM# 1000-53-4-2 William & Stacey Brennen SCTM# 1000-31-12-5. 1 Donna M. Wexler Revocable Trust SCTM# 1000-70-4-23. 1 Herbert & Susan Hoffman SCTM# 1000-66-3-10 100 Park Avenue Corp. , c/o Paul Pawlowski SCTM# 1000-123-7-3 Archivist Capital RE 70 Park, LLC SCTM# 1000-123-7-2 Archivist Capital RE 50 Park, LLC SCTM# 1000-123-7-1 Lucy Wohltman SCTM# 1000-116-2-3 Thomas Barnard SCTM# 1000-81-3-7 Gwen Hyman SCTM# 1000-111-9-8 Estate of Richard Jensen, c/o Richard C: Jensen, Jr. , Executor SCTM#- 1000-53-6-21 Deborah Rivera Pittorino SCTM# 1000-53-2-1 HC NOFO, LLC SCTM# 1000-104-5-3.3 Allison CM Family Trust SCTM# 1000-110-7-22 TRUSTEE KRUPSKI: Second. Board of Trustees 6 November 15, 2023 TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . VIII. RESOLUTIONS - ADMINISTRATIVE PERMITS: TRUSTEE GOLDSMITH: In order to simplify our meetings, the Trustees regularly group together items that are minor or similar in nature. Accordingly, I make a motion to approve as a group number 1, Michael Lawn on behalf of MARION LAKE RESTORATION COMMITTEE requests a Ten (10) Year Maintenance Permit to hand-cut Common Reed (Phragmites australis) surrounding Marion Lake, to not less than 12" in height by hand, as needed. Located: Bay Avenue, East Marion, SCTM# 1000-31-17-1 & 1000-31-7-9 TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE GOLDSMITH: Number 2, DEBORAH L. McKEAND & SHANNON J. GOLDMAN request an Administrative Permit to repair existing 5' 4"x612" (32. 89sq.ft. ) Shed. Located: 100 Salt Marsh Lane, Peconic. SCTM# 1000-68-3-11. 1 TRUSTEE GILLOOLY: I will recuse myself for personal friendship. TRUSTEE GOLDSMITH: Trustee Peeples conducted a field inspection November 1st, noting it was straightforward. The LWRP found this to be consistent. As such I'll make a motion to approve this application as submitted. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (Trustee Goldsmith, aye. Trustee Krupski, aye. Trustee Sepenoski, aye. Trustee Peeples, aye. Trustee Gillooly, recused) . TRUSTEE GOLDSMITH: Number 3, FRANK & MINDY MARTORANA requests an Administrative Permit for an as-built masonry outdoor l fireplace/pizza oven on a concrete foundation with footings; 8' 6" wide x 5' deep x 618" tall with a 5' 4" chimney! Located: 3450 Deep Hole Drive, Mattituck. SCTM# 1000-115-17-10. 1 Trustee Goldsmith conducted a field inspection November 13th, noting the need to check the permit history on the potential buffer. The LWRP found this to be inconsistent. The inconsistency is the as-built pizza oven does not meet Policy 6.3, it was built without a' permit. Upon further review, this property had a previously approved non-turf buffer, and having this structure within the designated non-turf buffer violates that buffer, therefore, I'll make a motion to deny this application. TRUSTEE PEEPLES: Second. Board of Trustees 7 November 15, 2023 TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . IX. APPLICATIONS FOR EXTENSIONS/TRANSFERS/ADMINISTRATIVE AMENDMENTS: TRUSTEE GOLDSMITH: Again, in order to simplify our meeting, I 'll make a motion to approve as a group Items 1 through 3 and 5 through 13. They are listed as follows: Number 1, En-Consultants on behalf of DAVID GRESHAM and BENJAMIN PARDO requests the Final One (1) Year Extension of Wetland Permit #9764, as issued on November 18, 2020. Located: 435 Narrow River Road, Orient. SCTM# 1000-26-3-10 Number 2, ROBERT BABCOCK & LORA MONFARED request a Transfer of Wetland Permit #4283 from Joseph Buczek & Christina Spornberger to Robert Babcock & Lora Monfared, as issued on February 24, 1994, and Amended on June 30, 1993. Located: 3895 Wells Avenue, Southold. SCTM# 1000-70-4-2 Number 3, KENNETH MADSEN & MICHELLE HARMON-MADSEN request a Transfer of Wetland Permit #10359 from Shlomo & Alice Weinberg to Kenneth Madsen & Michelle Harmon-Madsen, as issued on April 19, 2023, and Amended on July 19, 2023. Located: 1425 Meadow Beach Lane, Mattituck. SCTM# 1000-116-7-6 Number 5, ANDREW M. PETTERSEN & RANDY A. STATHAM request a Transfer of Administrative Permit #10162A from William J. Earl to Andrew M. Pettersen & Randy A. Statham, as issued on June 15, 2022. Located: 5805 Main Bayview Road, Southold. SCTM# 1000-78-7-5.5 Number 6, WEST CREEK MARINA LLC requests a Transfer of Wetland Permit #9801 from New Suffolk Properties, LLC to West Creek Marina LLC, as issued on January 20, 2021. Located: 3350 West Creek Avenue, Cutchogue. SCTM# 1000-110-1-12 Number 7, En-Consultants on behalf of DAVID & ALLISON AFFINITO requests a Transfer of Wetland Permit #7165 from John Fischetti & Deborah Deaver to David & Allison Affinito, as issued on August 19, 2009. Located: 1675 Pine Neck Road, Southold. SCTM# 1000-70-5-42 Number 8, CHITRANG PURANI & VEERA PURANI request a Transfer of Wetland Permit #5942 from Peter Ruttura to Chitrang Purani & Veera Purani, as issued on June 24, 2004 . Located: 835 Waterview Drive, Southold. SCTM# 1000-78-7-12 Number 9, Martin D. Finnegan on behalf of HEATH GRAY & MOLLY RHODES requests an Administrative Amendment to Wetland Permit #9758 to establish and perpetually maintain a 3, 442sq. ft. Non-disturbance buffer and a non-turf buffer seaward from the edge of lawn to the limit of non-disturbance in lieu of the previously conditioned 50' non-disturbance buffer and non-turf buffer. Located: 8570 Nassau Point Road, Cutchogue. SCTM# 1000-118-5-5 Number 10, AMP Architecture on behalf of ANDREAS SERPANOS Board of Trustees 8 November 15, 2023 requests an Administrative Amendment to Wetland Permit #10327 to construct a 225sq.ft. On-grade bluestone patio at northern side of pool. Located: 19105 Soundview Avenue, Southold. SCTM# 1000-51-1-17 Number 11, MICHAEL & ROBIN COLAPIETRO request -an----- - - - -- - — " - --- Administrative Amendment to Administrative Permit #10275A to remove the existing 591x28' concrete driveway and replace with new concrete in lieu of previously approved; extending concrete driveway slab to the stone retaining wall 1319"x8 ' with pavers on top; replace driveway extension walkway 11'x6' 9" with concrete, in front of retaining wall stairs with pavers on top. Located: 3800 Deep Hole Drive, Mattituck. SCTM# 1000-115-17-6. 1 Number 12, Steven Affelt, AIA on behalf of JOSEPH KADILLAK requests an Administrative Amendment to Wetland Permit #10428 to extend the second floor plate to make an 18" overhang off the front face of the dwelling. Located: 775 Mill Creek Drive, Southold. SCTM# 1000-135-3-35.1 Number 13, Michael A. Kimack on behalf of JOHN & MARGARET HOCHSTRASSER requests an Administrative Amendment to Wetland Permit #10424 to construct a 1,373sq.ft. Raised wood deck in lieu of the previously approved raised masonry patio. Located: 2855 Nasssau Point Road, Cutchogue, SCTM# 1000-104-13-9 TRUSTEE SEPENOSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE GOLDSMITH: Number 4, KENNETH MADSEN & MICHELLE HARMON-MADSEN request a Transfer of Wetland Permit #6170 from Harold Baer to Kenneth Madsen & Michelle Harmon-Madsen, as issued on July 20, 2005, and Amended on March 21, 2007. Located: 1425 Meadow Beach Lane, Mattituck. SCTM# 1000-116-7-6 Trustee Goldsmith conducted a field inspection November 13th, 2023, noting it was okay to transfer as per amended plans stamped approved March 21st, 2007, for a fixed walkway 4'x65' using open-grate decking with steps at the end. It was a little confusing, the permit had a different length, and the amendment didn't show the overall length. So I'll make a motion to approve this transfer for a 41x65' open-grate decking catwalk with steps at the end. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . X. PUBLIC HEARINGS: TRUSTEE GOLDSMITH: Roman numeral X, Public Hearings. At this time I 'll make a motion to go off our regular meeting agenda and enter into our Public Hearings. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? Board of Trustees 9 November 15, 2023 (ALL AYES) . TRUSTEE GOLDSMITH: This is a public hearing in the matter of the following applications for permits under the Wetlands ordinance of the Town of Southold. I have an affidavit of publication from the Suffolk Times. Pertinent correspondence may be read prior to asking for comments from the public. Please keep your comments organized and brief, five minutes or less if possible. AMENDMENTS: TRUSTEE GOLDSMITH: Under Amendments, number 1, En-Consultants on behalf of 500 GLENN ROAD, LLC requests an Amendment to Wetland Permit #9996 to construct a 121x36' one-story den/dining room addition with a Bilco door and basement below in lieu of the proposed 12 'x20' one-story addition; and no farther seaward than approved addition or existing covered porch to be removed; construct a 121x22.8 ' unroofed deck addition with 4 'x4' landing and steps; relocation of proposed drywell; and to install and perpetually maintain a 15 ' wide, approximately 1, 687sq. ft. Vegetated non-turf adjacent to the wetlands, inclusive of approximately 765sq.ft. Of existing lawn to be replaced with native vegetation. Located: 500 Glenn Road, Southold. SCTM# 1000-78-2-23. The Trustees conducted a field inspection November 11th, 2023, noting it was straightforward. The LWRP found this to be consistent. The Conservation Advisory Council resolved to support the application. We are in receipt of new plans stamped received November 13th, 2023, that show a 15-foot wide vegetated non-turf buffer. Is there anyone here wishing to speak regarding this application? MR. HERRMANN: Yes, Rob Herrmann of En-Consultants on behalf of the applicants. Good evening. This is a relatively straightforward application to amend Permit #9896 that was issued in September of 2021 to the prior owner for the in-place replacement of an existing enclosed porch with a one-story addition. That permit was issued at the time without any buffer or other mitigation. The permit has since been transferred to the new owners and extended. The new owners would like to proceed with the same work but extend the length of the addition laterally, but no farther seaward than the existing porch or existing improved addition, and then an un-roofed deck addition adjacent to it. Because of the additional scope of work, the application is accompanied with a proposed 15-foot wide vegetated non-turf buffer adjacent to the wetland. And based on conversations and field inspections we did submit a revised plan with some clarifying labeling: That to more clearly indicate that the existing edge of lawn will be relocated landward to the landward limit of the proposed buffer; that the existing vegetation within the buffer shall remain; and that the existing lawn area Board of Trustees 10 November 15, 2023 within the buffer is going to be replaced with native vegetation. So hopefully that makes that clearer. If you have any other questions, I can answer them. TRUSTEE GOLDSMITH: Thank you. Is there anyone else here wishing to speak regarding this application? (Negative response) . Any questions or comments from the Board? TRUSTEE PEEPLES: Thank you, for that buffer clarification and delineation. It' s much appreciated. MR. HERRMANN: You're welcome. TRUSTEE GOLDSMITH: Hearing no further comments, I make a motion to close this hearing. TRUSTEE SEPENOSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE GOLDSMITH: I make a motion to approve this application as submitted, with the new plans stamped received November 13th, 2023. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . MR. HERRMANN: Thank you. WETLAND & COASTAL EROSION PERMITS: TRUSTEE KRUPSKI: Under Wetland & Coastal Erosion Permits, Number 1, AMP Architecture on behalf of CHRISTOPHER & MARISSA LAZOS requests a Wetland Permit and a Coastal Erosion Permit for the existing two-story dwelling consisting of a 36. 4 'x34.4 ' (1,249sq.ft. ) Ground floor to remain; existing 36.4 'x34 .4 ' (1,249sq.ft. ) Second floor; existing 5.71x20' (113sq. ft. ) Second floor front wood deck to remain; remove a 7. 6'x15 . 4 ' (115sq.ft. ) Portion of existing second floor wrap around deck with existing 3. 111x30.21 , 11. 10'x34. 4' , 7. 6'x32 . 10' (769sq. ft. Total) wrap-around second floor deck to remain; remove existing 1, 374sq.ft. Roof and construct a 36. 4'x34 . 4' (1, 077 .5sq.ft. ) Third floor addition and 12 'x34.5' (412.3. sq.ft. ) Third floor wood deck; construct a 7. 61x15.4 ' (115sq.ft. ) Three story addition with ground floor section to be structural supports with break-away walls, second and third floors to be habitable spaces; install an I/A OWTS sanitary system landward of dwelling; and to install two (2) 8 ' wide by 2' deep drywells to contain roof runoff. Located: 1200 Leeton Drive, Southold. SCTM# 1000-59-1-1. The Conservation Advisory Council resolved to support the application. The LWRP coordinator found this to be inconsistent, for the following reasons: 4. 1 minimize losses of human life and structures from flooding and erosion hazards. The Coastal Board of Trustees 11 November 15, 2023 Erosion Hazard Line splits the parcel with a shift landward to account for the no seawall area. Part' of the single-family residence and deck are located within the Coastal Erosion Hazard Area. 111-4, the subject parcel is located in FEMA Flood Zone VE. This area is highly susceptible to frequent storm surge with wave action. Loss of 'structure will occur over time. The proposed action does not have a functional relationship to coastal waters and therefore is not a water-dependent use pursuant to Chapter 275-2. A "water-dependent use" is defined as an activity which can only be conducted on or in or over or adjacent to a water body because such activity requires direct access to that water body, and which involves, as an integral part of such activity, the use of the water. The uses include but are not limited to commercial and recreational fishing and boating facilities, finfish and shellfish processing, fish storage and retail and wholesale fish marketing facilities, et cetera, et cetera. As referred above, the proposed structure and sanitary system are located within FEMA Flood Zone VE elevation 13, a structural high-hazard area, with a 1% chance of annual flooding with wave velocity. In reality, flooding occurs on a more frequent level. Structure in these areas should be minimized and not expanded. - The breach of lot coverage limit sets a precedent of potential loss in a structural hazard area. Protect and restore natural protective features. Natural protective geologic features provide valuable protection and should be protected, restored and enhanced. Destruction or degradation of these features should be discouraged or prohibited. No development is prohibited in natural protective feature areas except as is specifically allowed under the relevant portions of 6 NYCRR 505.8 . Natural protective feature areas, nearshore areas, beaches, dunes, bluffs and wetlands and associated natural vegetation. The natural protective feature areas as defined in 111-6 defines natural protective feature area as a land and/or water area containing natural protective features such as a beach or a primary dune. New construction is prohibited in the natural protective feature areas, primary dune. Only non-major additions to existing structures are allowed on beaches and primary dunes pursuant to Chapter 111-13.-- The distance from proposed actions to natural protective features is zero feet. A minimum setback of 100 feet is required pursuant to Chapter 275-3, findings per jurisdiction setbacks, require that the applicant amend the application to meet above policies to the greatest extent practicable, minimizing damage or obstruction to manmade property, natural protective features and other natural resources and to protect human life. Board of Trustees 12 November 15, 2023 The Trustees most recently visited the property on November 8th and noted that we reviewed plans further at work session and there were concerns about the primary dune. It should also be noted that there is a letter in the file from a neighbor, which I'll read into the record. ----- Dear Trustees, I cannot support yet other monstrous house, this time with an improved third floor. It is impossible to be silent and watch the destruction of the beach community that I live on. Mistakes have been made long ago. We now have codes to prevent it from happening again. The house requesting a wetlands application is no stranger to our wetlands. It was moved back from the encroaching Sound in recent memory. It has no protection from winter storms, and winter storms have come even closer. We who have lived here year 'round have watched as waves from Nor'easters drain into Leeton Drive, leaving gullies where they pass between houses. With the removal of longstanding native bushes and grasses, and the destruction of nicely built-up dune on either side to allow for this house to build upward and outward, our buffers are gone. Keeping within the footprint, already larger than permitted, covers up the truth. Driving supporting pilings into our fragile dune system will only weaken it for all of us. Please use our laws to protect, us. Thank you, Lynne Normandia, 2100 Leeton. Is there anyone here that wishes to speak regarding this application? MR. PORTILLO: Anthony Portillo, AMP Architecture. So first off it' s, the addition that we are proposing, the footprint is 5. 1% of the existing living space. So the increase is not considered a major addition. The increase for the, the increase of the home is to create a stair hall that goes up to the second floor, and it also is basically being built where there is an existing deck. So we are not actually building down on to any ground level, or we are not really adding to any more mass than what is already there. ' - It's also, the addition part will be FEMA compliant. The ground level of the home has a C of 0, that allows it to be habitable. Currently it's used basically like a basement. There is a laundry room, a bathroom and open rec space, and that's how the CO reads for the building. The Building Department has not looked at this as a reconstruction. And so the second-floor addition, which was scaled back a bit after a site visit with the Trustees, and discussions with the Building Department, is on top of the existing structure. We are not building out or larger than the existing structure. The question about the third level, which I don't think is really relevant here, but was discussed with Zoning, is that really the size or the height of the building, if it was built Board of Trustees 13 November 15, 2023 today it would, brand new and FEMA compliant, it would be considered, that height would be considered for a two-story home with a lower level that would be basically empty. But due to the fact they have a CO for habitable space, - it's not being considered reconstruction or what FEMA calls a __ .. . _- major substantial improvement, then it doesn't have to be brought up to FEMA codes. And that's New York state code and that's FEMA code as well. So that' s the reason we took the approach of how we presented the design. / We are proposing- an IA system, has been filed with the Health Department in the front of the building, and we have filed with the DEC. We have not received any responses on those filings, but we have been through Zoning, and that's where we are now with the project. TRUSTEE KRUPSKI: Thank you. MR. PORTILLO: Sure. TRUSTEE KRUPSKI: Is there anyone else here that wishes to speak regarding this application? (No response) . TRUSTEE KRUPSKI: So I guess my comments would speak to, you know, this structure has a finished basement, it' s set up like a full floor inside. I mean we were just there on site inspection. There is a living room, bedroom. This is certainly recognized as a primary dune under Town Code and by the Board of Trustees. I personally can't see expanding 'this house within a primary dune. Obviously if it were a new construction, we would be looking at piles to try to protect the structure, but this house already has two floors. It's not on piles. I mean, this is not, you know, I don't look favorably upon this application. MR. PORTILLO: The existing construction is a pier constructed, the bottom floor does have pier construction. When they moved the home back, it was like the ' 80s or 170s, they put it on top of piers, and that has been filed, was filed with the Building Department. So it is sitting on piers or piles. It' s not a breakaway wall system like you would have in say a VE zone, but the home was given a CO to use that space as habitable. So, you know, we are not requesting more than building on top of what is there, and then the small addition, which is not a major addition, which should be allowed under Coastal Erosion, so I guess, you know, I don't think that, I don't think structure should be, I mean structurally, this is on piers, not breakaway walls, but it's basically built on piles. I mean, there is a record of that in the Building Department of how it was built. TRUSTEE SEPENOSKI: Do you happen to know what year the CO was granted on this structure? MR. PORTILLO: That was like '86 or something, I can actually provide it to the Board. That' s when they moved the home. TRUSTEE SEPENOSKI: They moved it further landward. MR. PORTILLO: That is correct. It was further out. Board of Trustees 14 November 15, 2023 TRUSTEE GOLDSMITH: So as Trustee Krupski mentioned, this is in a primary dune. When we did field inspections there is actually a retaining wall on the north side right in front of that basement, to prevent sand from going into the basement, because -that dune wants to migrate into that house and it cannot due to the construction of the house. So it is creating an environmental hazard and affecting the environment and the habitat, and it is a primary dune we would like to protect. Also it can affect, you know, the neighboring properties. If it got moved back once before because of storm damage, last time I checked, the seas are not getting any lower, they are getting higher. So to try to put a line in the sand that already got moved back once, um, I don't know if it' s the most prudent thing to do, especially considering it is a primary dune that wants to go into the house as existing. MR. PORTILLO: Agreed. And I understand where you're coming from, but we are not asking to build any more than what is already there. And this condition that you are speaking about is not going to change whether we had a second, add the second floor or we don't add the second floor. And the portion of the addition is going to be on piles and piers and built to FEMA regulation. So that portion of the building I think is not going to be affecting the dunes or affecting anything that is going to be happening, right. The basement level is there. It would remain if no work was done. So the work we are proposing is not increasing that. MS. MOORE: If I could interject. MR. PORTILLO: Sure. Pat actually works for the clients as well. MS. MOORE: Yes. I was hired for the Zoning Board application, so there was a very full record at the Zoning Board. During the Zoning Board hearing there were discussions about what would be the most appropriate way of providing additional living space to the family, because the property has limitations. We would not move it forward towards the street because you would be violating additional setbacks. But to build directly on top of an existing structure is consistent with the Coastal Erosion law. It's also would be consistent with your Wetland ordinance because you are not impacting, you are not affecting the surrounding land. It remains natural. I believe the Zoning Board wanted us to keep the land in its natural vegetation, which is certainly how it' s been kept, and it's not an unreasonable request I know the Board has imposed on other applications. You mention the sand and the movement of sand, it just, you can actually see there, that the homes to the west are much further seaward and so the migration of the sand is being blocked from that direction on the west side. Also, similarly on the east side, you have homes that are much closer to the water as well. So it is not -- putting a Board of Trustees 15 November 15, 2023 second floor on an existing residence is not going to change in any way the existing conditions and the environmental concerns that you were raising. It looks like the rest of the neighborhood has already been well established and the -- it' s not going to change. TRUSTEE KRUPSKI: That' s not true either. MS. MOORE: One of the main concerns I have here is that I want to be sure that we incorporate the record of the Zoning Board in this deliberation, so I would ask that the records be incorporated, because there was a lot of discussion. MS. HULSE: That is not being done here. The testimony that is taken here tonight is what they are deciding, they are basing their decision on. It' s not incorporated as part of this public hearing. Are you -- MS. MOORE: I'm asking that it be incorporated into this hearing. MS. HULSE: Do you have authorization on behalf of your client? Because we don't have that in the file. MS. MOORE: I have authorization. I was the attorney for the Zoning Board application. I did not know this hearing, or this matter was on. I thought it had actually, the Trustees had already approved this application. It happened to come before -- MS. HULSE: Could you provide that to the office for the file, please? MS. MOORE: Sure. I will. You know, it's gone through a very extensive review. The LWRP came up with their recommendation, which is their typical second, third bite at the apple, because every application gets the LWRP, and we did respond to the LWRP. The application as it was submitted, the Zoning Board felt that they were being, by the modifications that were implemented already, it was consistent with the LWRP, and the impact of changing the footprint of the house, adding space on the landward side of the house would actually be more disruptive to the property than building directly on top. So that was a very important point for the Zoning Board, and they, I mean they do consider environmental factors, as you know. They don't decide things in a vacuum. So it did get a very thorough review. If you want additional testimony, I would advise that you get some environmental, maybe the client needs to get environmental review of this. We thought it was pretty straightforward having it gone, just gone through Zoning Board and the second floor over an existing structure. So if that's, if the Board is inclined that you feel there are environmental issues that are of concern, then I think the applicant should get some review with expertise. TRUSTEE PEEPLES: Excuse me, Ms. Moore. I would like to comment that you keep referring to a second floor, but in fact it's a third floor because while it' s labeled as a basement, I mean, I don't know the exact definition within the Building code, but it Board of Trustees 16 November 15, 2023 is completely above ground and it is completely surrounded without breakaway walls. So it would be considered in my mind a third story. MS. MOORE: You are correct, as a matter definition, it is a third story. And that is why it went to the Zoning Board, for that precise issue, and it was really important to the client to not lose the lower floor of the basement because the only thing the second floor was providing was additional reconfiguration of bedrooms for four kids, they have? Five? MR. PORTILLO: Four kids. MS. MOORE: Four kids. So to add the bedrooms and lose what would be a family room for the kids was a real loss that would have completely changed the project, resulting in alternatively what do you do here, do you add, you know, everything you add on the land would be FEMA compliant. So the only way to change the footprint would be to add to the footprint, and that was, again, something the Zoning Board felt was more environmentally damaging to the property. MS. HULSE: You are citing the ZBA over and over again, and their review is completely separate and distinct from this Board. The ZBA has no authority to administer the Coastal Erosion code, which is only the purview of this Board, as well as obviously 275 . And I think specifically with respect to their charge, reading from the code, they must review construction of erosion protection structures, their construction operation will minimize or prevent damage or destruction to manmade property, private and public property, natural protective features and other natural resources. They are charged with making sure -- MS. MOORE: I understand. MS. HULSE: Okay. So to cite the ZBA over and over again is really of no use to this Board because their charge is completely different and specific -- MS. MOORE: I understand. MS. HULSE: And I think they are voicing their concerns with respect to their charge as regulators of the construction of erosion protection structures and coastal areas and they've cited the primary dune here as a significant concern of theirs, which obviously it is. So, I just want to make that point that -- MS. MOORE: Yes, and what I've, the only point that I'm making, why I keep referring to the Zoning Board, is because there is in a sense overlapping reviews, and the Zoning Board does not just look at the application in a vacuum. The LWRP was a recommendation through the ZBA, which is the exact same language that they provided to this Board. So those issues were addressed and we had to address them in great detail. And, but I get your point. TRUSTEE SEPENOSKI: Mr. Moore, the application that came before the Zoning Board of Appeals and triggered an LWRP review, the LWRP came back and found this project to be inconsistent. So Board of Trustees 17 November 15, 2023 while you've talked about the project being consistent with our Wetland policies and 'our Coastal Erosion policies, we have here in front of us a document stating the exact opposite in respect to the Coastal Erosion policy. So protecting the primary dune feature and preventing loss of life and damage 'to structures, in looking at the LWRP, it cites those concerns exactly. MS. MOORE: I understand. TRUSTEE GILLOOLY: And the LWRP conducts a different type of review for the ZBA. So it is a different review. It is not the same exact review word-for-word. TRUSTEE SEPENOSKI: So when I look at a project like this -- MS. MOORE: I'm not sure I would agree with that, because the LWRP policies are the same ones being cited. So the LWRP is reviewing the policies that are set forth, and those are being applied in both instances and cited under both reviews. But I would ask, I would suggest that this matter be adjourned to give you an opportunity -- MR. PORTILLO: I would like to say -- MS. MOORE: Yes. Please MR. PORTILLO: So just furthermore and, you know, I think that if you want to take this project and sort of rethink it or restart it, and talking about a third story, and I can define that for you. This home, being where it' s located, it's at that grade height, if you were to say build a brand new home here on that site, you would be building basically a three-story home, based on New York state code. New York state code defines a story anything that is six feet above grade. So because of the height that you would have to be at to be compliant to the VE zone, that first level will always be considered a first story. Then you would build two stories above that. So that second story, the .second livable story, would always be considered a third story. And that's very common on Leeton Drive. All the homes that are FEMA compliant are third-story homes, and a lot of times have to put sprinkler systems in for that reason. I did one not too far from here, brand new home, we had to put a sprinkler system in because it was considered three stories based on New York state code. So I think what we are saying is no matter what, whatever structure was built, is built there, if it was built brand new FEMA compliant, it' s going to be considered a third story or three-story home. Just like the neighboring home, that's a three-story home. I think its 700 Leeton was brand new. That's a three-story house. Basically any home that's two stories, FEMA compliant in this area is considered a three-story home. TRUSTEE SEPENOSKI: Those concepts are completely clear to me and they are not novel. And I think that is the main concern. MR. PORTILLO: I know they are not. I just mean that if we are calling it a third story, regardless, it's a third story in a Board of Trustees 18 November 15, 2023 two-story home. TRUSTEE SEPENOSKI: I understand that. My concern with the first story that' s the finished basement without breakaway walls in a primary dune areas. What goes above, I don't have the ability to enforce an architectural review on any of this, although .it would be great. TRUSTEE KRUPSKI: I'm glad we are at a point though where we are finally calling it a third story, because the first three-quarters of testimony from the attorney and the agent it was a second story. I'm glad we are on the same page now. Did I interrupt you? TRUSTEE SEPENOSKI: Not at all. TRUSTEE KRUPSKI: I just want to address another couple points from Ms. Moore' s commentary, specifically the quote "it's not going to change. " So if we look at this profile here, it is certainly going to change. This house is in a primary dune. It' s located mere feet from the beach. The waves are going to be breaking through here soon, crashing through the living room, , bathroom, bedrooms and basement water. Not only is it a primary dune but there is a concern with the shading within the primary dune and the vegetation, the surrounding vegetation from adding to a, you know, essentially making it a tower. And then there is a real concern over, you know, the LWRP spoke to it, but, you know, minimizing structure damage and loss and frankly safety, for residents. You know, you mentioned four kids, somebody sleeping in that basement, you know, who knows what can happen, so. And there is very good precedence for this current Board with structures that were already existing, they needed to raise up make compliant, and they went on straight. piles with nothing underneath, and that' s ultimately the lowest impact, and then we are not talking about a three-story structure. MR. PORTILLO: Again, let me be clear that I never considered this a two-story structure. If I said second floor addition, I apologize, just because my brain thinks, you know, is thinking about the FEMA standard. But regardless, this would always, if you put a two-story home on piles that is FEMA compliant in this area, which is very consistent with Leeton Drive, those are three-story structures. The only difference here is that you would have breakaway walls at the basement level. But requirement for breakaway walls is not subject to this property because it' s not considered a substantial improvement. So we are allowed that basement structure because it' s been CO'd by the Town, so I don't think that should be a negative impact to the owners. That structure has been there. They use that, and in regard to sleeping down there, that' s the idea is to have the bedroom space at this upper level or third-story level so that there is room for sleeping since it is a very small area that is above the design flood elevation. TRUSTEE GILLOOLY: I think part of the issue is that they Board of Trustees 19 November 15, 2023 currently have a two-story home that they utilize at this stage, and they are looking to use the FEMA codes to justify raising the home, but they are not looking to make the bottom floor compliant. So while you could bring the home up and have a breakaway -- first floor, to continue to have a two-story home, what you are asking for is three livable stories. TRUSTEE GOLDSMITH: And from our point, more structure is more adverse environmental affect to this primary dune. And that' s our concern. MR. PORTILLO: I appreciate that concern but if you were to look at, the site plan here, you could develop a lot larger home linearly, a linear home across this site that would be outside of CERA, that would probably be in a worse scenario than leaving this structure that is a little bit taller. ' TRUSTEE GILLOOLY: One Trustee's perspective, but pulling structures out of CEHA is actually the goal of this Board. So pulling things back is always beneficial. TRUSTEE KRUPSKI: Thank you. MR. PORTILLO: Understood. But that is not what the owner of the property is considering because it would be knocking down the home, you know, drilling piles, building basically a brand new structure there, so there is a lot of financial cost to that, instead of adding a smaller story on the third story to create sleeping space. And sleeping space that in my mind is, you know, safer than even sleeping on what is currently the second floor. Because the structure itself, if you look at the drawings, I mean these are large piles that they put this home on. So I don't think the home is structurally unsafe, I mean, if that' s a concern. TRUSTEE KRUPSKI : Thank you. Is there anyone else here that wishes to speak regarding this application, or any additional comments from the Board? MR. PORTILLO: I would ask if the Board would allow some more environmental study toward this project and so my clients understand what you are asking or what you are saying. They are not here tonight, so, I would ask that we can come back and/or maybe present something different, I'm not sure, but, I mean they are not looking to knock the home down and build some massive home on. the property. They'd like to get something out of the space. I mean. Or maybe they'd consider removing the bottom level. I think that' s what I'm hearing, but I would have to speak to them about that. If the home is on piers and they consider removing that part which is CO'd, I'm not saying they are going to consider that, and put breakaway walls, then it would be FEMA compliant. Or it would be compliant, right? Then adding that story shouldn't be an issue. That should be, I mean, right? Board of Trustees 20 November 15, 2023 I mean that sounds like a little bit more toward what the Board is asking. TRUSTEE SEPENOSKI: That is moving in the right direction, for me. MR. PORTILLO: Right. Okay, so I would like to have that conversation because I don't know, you know, I don't know what they are going to say or what their thoughts would be. TRUSTEE SEPENOSKI: All right. TRUSTEE KRUPSKI: Thank you. Hearing no additional comments, at the applicant' s request I make a motion to table this application. MR. PORTILLO: Thank you. TRUSTEE GOLDSMITH: Second. All in favor? (ALL AYES) . TRUSTEE SEPENOSKI: Number 2, Martha Reichert, Esq. Of Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP on behalf of SUSAN MAGRINO DUNNING requests a Wetland Permit and a Coastal Erosion Permit to combine the existing 930sq.ft. One-story dwelling (NE dwelling) with an existing 355sq.ft. One-story dwelling (NW dwelling) , resulting in a single 1, 553sq.ft. One-story framed dwelling (and decreasing the number of bedrooms from 4 to 3) , by enclosing a 268sq.ft. Portion of an existing 318sq.ft. Covered wood deck that runs along the seaward facade of the NW dwelling and extends to where it connects to the NE dwelling; the existing 327sq.ft. Of uncovered wood deck, 6sq.ft. Covered wood plat and 11sq.ft. Of wood steps, and 19sq. ft. Wood plat and 7sq. ft. Of wood steps to remain unchanged; and to install two (2) bay windows on the landward side of dwelling. Located: 925 Stephenson Road, Orient. SCTM# 1000-17-1-2. 1 The Trustees most recently visited the site on our November 8th field inspection date. The notes from that visit read: Non-disturbance seaward of house recommended. And Trustee Gillooly visited the site on the 13th of November, and reviewed the application as well. The LWRP found the project to be consistent with its policies. And the Conservation Advisory Council resolved to support the application, recommending an IA septic system, which would be triggered under a larger renovation. Is there anyone here to speak regarding this application? MS. REICHERT: Good evening, everyone. My name is Martha Reichert, Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP, 33 West Second Street, Riverhead, New York. I represent the applicant. So I think that you pretty much summarized the application. I feel it' s pretty straightforward. I would also like to add that the entire structure is in Flood Zone X, it' s elevated, we have a letter of non-jurisdiction from the DEC that was issued years ago for another renovation project, and I'm just really Board of Trustees 21 November 15, 2023 here to see if the Board has any comments or questions for the applicant. TRUSTEE SEPENOSKI: Quite simple. The area seaward of the house is pristine and a lovely coastal eco-system. I recommend and I welcome colleagues to support my recommendation that the house seaward be designated a non-disturbance buffer, and that the path to the water be return to its four-foot width. In addition to that, gutters to leaders to drywells. Other than that, as one Trustee, I find the project to be straightforward and well-conceived. MS. REICHERT: Thank you. With respect to drywells, I consulted with the applicant today and they told me that when they did their house renovation project in 2011, everything was directed into, you know, there are gutters on the house, there are leaders, all goes into drywells, and that that was reviewed and approved by the Building Department as part of their CO. TRUSTEE SEPENOSKI: All right. Anyone else wish to speak , regarding the application? (No response) . Members of the Board? (Negative response) . Hearing no further comment, I make a motion to close the hearing. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE SEPENOSKI: I make a motion to approve this application with new plans depicting a non-disturbance buffer seaward of the house, and a four-foot wide access path to the water. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . WETLAND PERMITS: TRUSTEE GILLOOLY: Under Wetland Permit, Number 1, En-Consultants on behalf of PARADISE POINT ASSOCIATION, INC. requests a Wetland Permit for a Ten (10) Year Maintenance Permit to dredge an approximately 1, 730sq.ft area and 3, 750sq. ft. area of existing +/- 20-foot wide navigation channel between boat basin and Southold Bay to a maximum depth of -4' Mean Low Water; and place up to approximately 240 cubic yards of resultant sand/silt spoil in three adjacent on-site spoil deposition areas located on the east filled-in jetty (±100cu.yds. of spoil) , west filled-in jetty (±65cu.yds. of spoil) , and at 225 Briar Lane, Southold where ±75 cubic yards of spoil to be placed in an approximately 925sq. ft. sandy area adjacent to the southerly property line. Located: Basin Channel Off Paradise Point Road & 225 Briar Lane, Southold. SCTM#' s 1000-81-1-16. 10 & 1000-81-1-16.11. The Trustees most recently visited this site on November Board of Trustees 22 November 15, 2023 8th, 2023, noting that it was straightforward. The LWRP reviewed this application and found it to be consistent. And the Conservation Advisory Council reviewed the application and resolved to support the application. —._.. Is there anyone here wishing to speak regarding this application? MR. HERRMANN: Yes, Rob Herrmann of En-Consultants on behalf of Paradise Point Association. Paradise Point Association President Gordon Henry (sic) is also here. This is a straightforward application and essentially a re-up of a previously issued ten-year maintenance dredge permit that just recently expired. If the Board has any questions I'm happy to answer them. Otherwise it really is quite similar to what the Association has been doing with respect to maintenance dredging for many years pursuant to prior Trustee permits. TRUSTEE GILLOOLY: Thank you. Is there anyone else here wishing to speak regarding this application? (Negative response) . Any questions or comments from the Board? (Negative response) . Hearing none, I make a motion to close this hearing. TRUSTEE SEPENOSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE GILLOOLY: I make a motion to approve this application as submitted, with the plan stamped received on October 6th, 2023. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . MR. HERRMANN: Thank you. TRUSTEE PEEPLES: Number 2, En-Consultants on behalf of KP REALTY OF GREENPORT CORP. requests a Wetland Permit for removing 1, 108sq. ft. of existing grade-level masonry patio and 179sq.ft. area of landscape retaining walls; construct 872sq. ft. of "upper" grade-level masonry patio, 181x46' swimming pool with 60sq.ft. hot tub, 428sq.ft. of "lower" grade-level masonry patio, 181x31' roofed-over open-air accessory structure with a ±6' x ±31' enclosed storage shed that has closets, an outdoor fireplace, and a basement for storage and pool equipment, an outdoor kitchen, and associated steps and planters; install a pool drywell and 4' high pool enclosure fencing with gates; remove 34 linear feet of existing stone retaining wall and construct 24 linear feet of new 2.7' high stone retaining wall; and to establish and perpetually maintain a 50-foot wide non-disturbance/non-fertilization buffer adjacent to the wetlands boundary, replacing approximately 3, 850sq.ft. of existing lawn with native plantings and maintaining a cleared 4 ' wide pathway to existing dock. Board of Trustees 23 November 15, 2023 Located: 2006 Gull Pond Lane, Greenport. SCTM# 1000-35-3-12.11 The Trustees most recently visited the site on November 8th and made the following notes: Add several hardwoods (Oak) in buffer area; questioned depth to groundwater for basement proposed in accessory structure. The LWRP found this proposal to be consistent. And the Conservation Advisory Council resolved to support the application with the note: That the Conservation Advisory Council supports the application contingent that the cabana comply with all Town Code regulations. I'm also in receipt of a letter from a neighbor that is in support of the application. Is there anyone here that wishes to speak in regard to this application? MR. HERRMANN: Rob Herrmann of En-Consultants, on behalf of the applicants. They are also, Adam Dering and Karen Adler are also both here, as is KP Realty. I wanted to hand up, I'll walk you through the project a little bit, but I wanted to hand up revised plans which address some commentst about the buffer labeling that we discussed at the site meeting. I'll give you a chance to get the plans in front of you. So this is an application to remove an existing patio on the water side of the house, and to construct a new what is essentially bi-level masonry patio around the proposed saltwater swimming pool, with an accessory, associated accessory structure. The application is fairly straightforward, except we were trying to work our way through how best to describe the accessory structure. I heard a question about groundwater, and so I did want to just try to talk about the accessory structure a little bit to hopefully make it clearer. So we did provide some renderings, Liz, I don't know, you don't have that on -- do you have the rendering scanned in or no? TRUSTEE GILLOOLY: They are on laser fiche, yes. MR. HERRMANN: That' s it. Yes. TRUSTEE PEEPLES: We have it in the file. MR. HERRMANN: All right. So basically on the south side of the pool, at the same elevation as the upper level patio, is basically an 181x31' area of the. masonry patio that has a roof above it. It is an open-air structure except that it has one wall which runs parallel with the existing 12 or so foot high hedge that is just to the south of it, to the north of the southerly property line. That one wall allows for an outdoor fireplace and then to either side of that fireplace are these two small enclosed units which are described, I think we had on the plan basically as closets. I think Liz may have favored the term "shed. " They are basically two six-foot wide spaces that provide Board of Trustees 24 November 15, 2023 storage on either side of the fireplace. If those were empty during the summer could somebody walk in there and gain privacy to change in or out of a bathing suit, yes. But these are not, there is not furniture set up and, you know, sinks or bathrooms or toilets or wet bars or anything. These are two small storage spaces. It is not a pool house. What was a little confusing in the discussion when we were there -- if you can pull that drawing up. And then, yes. So on the right-hand side. So we were talking about the retaining wall here, which basically goes back to what is the foundation of the raised patio, and it is the foundation wall of what we described as a basement. Now, as we got to talk about this further, I 'm not sure that "basement" is an accurate term or the one that we probably should have chosen, because that conjures an image of, you know, basically having like the indoor space that you would have in a basement underneath the first floor of a house, but outside where you'd be, you know, setting up, I don't know, billiards tables or recreation rooms or libraries or whatever. That is not what this space is. Basically, and Pat has some construction plans that we can show you as well, if you want to see it in more detail, but basically you have to create a foundation wall, which as Elizabeth was talking about at the field inspection, to hold up the patio. So because the grade slopes down there, and this speaks to the groundwater issue, you basically have this wall, which is essentially above the existing grade at that point. So this is not a basement that is being excavated down below the existing lawn where you are risking going into groundwater or anything like that. You are basically enclosing this space underneath the patio. It's got a bunch of these substantial columns that run right through the middle of it. So this is not like an open basement, quote unquote, the way you think of in a house. But there is empty space under there which they are basically using to their advantage and, I mean, frankly, to the advantage of the adjacent neighbor, to house the pool equipment. Is there additional space that they could use for storage, yes. I think we described it that way and I think Elizabeth included that in the description as well. But I've talked about this issue with the owners ahead of the hearing. Any sort of restrictive language or stipulations or whatever the Board, if the use of that space is at all a concern, they would be happy to accept any sort of that language. They want you to understand that this is not trying to create like an indoor basement outside underneath the patio. This is space that basically has to exist within the walls that are used to support the patio that is under that roof. I don't know how much that matters with respect to your Wetlands review, but we did want to make sure that it was clear and unable what that ' area is, and doubly glad to go through it because there is no issue, you know, with groundwater, for Board of Trustees 25 November 15, 2023 example. With respect to the Wetlands code, the pool, the accessory, the patio, everything does, is more than the minimum required 50-foot wetlands setback for pool and related structures where I think the minimum setback to the nearest corner of that foundation wall is 66 feet, 67 feet, I think, to the swimming pool, and then that retaining wall that you see on the seaward side of all that, that is all existing and will remain, except for the fact, as we discussed at field inspection, on that one corner, that long angled-section of wall is being removed and then they are just, that shows the finished condition. I'll just point to it one more time. Right here (indicating) . You know, right now there is an angled wall that comes back there, which we are looking at that. That wall goes away and then there is just this right-angle turn. So again, in looking at the description that Liz actually put out, I 'm not sure that the term 6'x31' shed is really, whatever that was, is really correct. There are two distinct spaces on either side of a fireplace and so I don't know whether you want to call them storage spaces or closets or what, but I just want you to understand it' s not one 31' long continuous structure. Regarding the mitigation for the project, again, while we are meeting setbacks, you know, there is significant additional structure here being proposed within your jurisdiction, and so what we are proposing is a 50' vegetated non-disturbance buffer adjacent to the wetland boundary. As I think we talked about with Glenn at field inspections, when the house was constructed, I don't know 15-plus years ago, there was a 50' buffer required at that time. Unfortunately, I don't think you were using the deed covenants as enforcement tools at the time. About half that buffer seems to have actually been maintained by the prior owners. So as part of this plan, the current owners would actively re-vegetate the entire lawn area that is within 50' of the existing wetlands setback. And so we, you know, we joked a little bit about whether we were proposing what was supposed to be there 15 years ago. It is more than that. And the reason for that, other than just the physical reality of the fact that the lawn is there, and that is going to be replaced with native vegetation, when the original 50' width was measured, it was measured from a mean high water line from almost 20 years ago. Needless to say, that mean high water line is now closer to the house and the road than it was then, and that also did not appear to take into account a small swath of high marsh vegetation that is down by the shoreline which we delineated. We had the survey updated to show that. And so, even relative, I think, to the DEC permit, that they received for this project before I was involved, the buffer that is before this Board is more extensive than that because Board of Trustees 26 November 15, 2023 it's based on the updated high water line and an updated wetlands boundary. It allows for a path to the water, through the buffer area, which you can see is depicted there off the existing steps. I do have -- actually, there is one thing I did want to mention, too, what we were talking about the basement term. I don't know if that is something that we do want to correct. But the Board last year did approve a similar concept on Nassau Point, which I remembered only I think after we met. Permit #10175, which was issued to 1663 Bridge, LLC. I don't know if you would remember being there, but that was a project that was closer to the wetland boundary than this is, but it was a similarly proposal. There was a proposed swimming pool that was elevated relative to the existing grade. There was an elevated patio built above the existing grade, and the use was more extensive because there was a proposed half bath/toilet in that project. This, again, is a completely dry structure. There is no water, there is no sink. Nothing. We would have to have sanitary facilities for that. So that is not proposed. But the language we used in that case was proposed pool equipment was the same idea, we were hiding it, you know, underneath. Laundry/storage and half-bath enclosure beneath raised patio. So we probably should have just said beneath raised patio but I guess we originally chose the term "basement. " So again, if that is pursuant to, I don't know, even the Building and Zoning code, if that is not a completely accurate term, we should change that. So beating that to death, I did want to hand up the buffer plans. So here is again, the first. So this buffer plan along with the revised site plan, again going back to Elizabeth's request, you see we add the green hatching, the red hatching, TRUSTEE PEEPLES: Yes, I do see that. Thank you. MR. HERRMANN: What we are trying to show here is that within the 50-foot buffer there is extensive existing natural vegetation which has now been hatched in green and labeled "to remain. " And then the red area is almost 4, 000 square feet of existing lawn that will be replaced with native vegetation. And then we added labels, per Elizabeth's request, to show that the existing edge of lawn is to be located, relocated landward of the 50-foot buffer, and we added a proposed edge of lawn at the landward limit of the buffer. So this should now be idiot-proof of what is supposed to happen here in terms of the permanent replacement of this lawn. And as you can see from the plan, probably a little more highlighted now, virtually all of that lawn that is on the seaward side of the existing stack stone wall is to now be replaced with vegetation. The buffer plan calls out areas of native grasses, beach grass, switch grass or Bluestem, areas of woody shrubs, Northern Bayberry and Virginia Rose, and some Oak trees to complement Board of Trustees 27 November 15, 2023 some of the Oak trees that are existing even within the existing buffer now. So if you have more questions about any of that, I can try and answer them, or the client can answer them. But otherwise, we -hope at this point that we are, you know, it' s basically -a - - - good project, it meets the setbacks, it' s really substantial planting mitigation, it' s a good plan, and we hope the Board will bless it. TRUSTEE PEEPLES: Well, thank you, for that extensive intro to the project. MR. HERRMANN: You're welcome. TRUSTEE PEEPLES: And for the updated drawings. I do appreciate your attention to the buffer. I know we spoke about it at length on the site and then prior to the hearing, and I think it would be the importance of that to prevent what did happen on this project where we lost that covenant and restriction, even though it was not properly deeded. So this will hopefully ensure that its in perpetuity is adhered to. So thank you for all of that. And, you know, I do want to just point out kind of pulling a few nuggets from your conversation here, is that, as you mentioned, the 50-foot buffer kind of lapsed. So we are kind of, we're bringing that back to the project. So I want to just note that while it is an improvement, it's a vast improvement, it' s something that should have been there initially. What you did present to us this evening with the buffer plantings, I think far surpasses what probably would have been there. So I feel that is an approvement. And then what we are seeing here in the renderings that you detailed for us is that the existing patio is being removed and a pool is being installed somewhat in its place, I believe. So we are upon keeping the buffer that we had, we are replacing the patio with the pool. And then, so really the major structure addition to this property is this covered -- MR. HERRMANN: The roofed-over patio. TRUSTEE PEEPLES: Roofed-over storage patio, with two levels. So that, I do see that as a quite-extensive structure, and I appreciate that you have been very clear on, you know, it did take a while for us to understand that it is not fully, what is underneath that roof is not fully enclosed. MR. HERRMANN: Right. TRUSTEE PEEPLES: However, it is a lot of structure. I'm looking at this one view here, the rendering, and when you look at the, it' s of the basement, and then there is a window. So these storage areas are nice and have natural light in them. MR. HERRMANN: Yes. TRUSTEE PEEPLES: Okay. This wall that I'm looking at in particular, is fairly high. Do you have the height of this wall? MR. HERRMANN: It' s eight feet. TRUSTEE PEEPLES: Oh, it' s eight feet. Okay. And that is behind Board of Trustees 28 November 15, 2023 the neighboring privet. MR. HERRMANN: So that's eight feet above the level of the patio. So basically the roof of that structure will probably be more or less about where the top of that hedge is. You've seen, I mean the hedge is huge. That's why one of the reasons that we pointed out when we were meeting at this site, and you can see here, so the accessory structure basically sits about right here (indicating) . Right. So this is where this hedge is. And the roof sits right about here (indicating) . And this is in line with the neighbor. And the reason that is relevant is because this is all second floor deck here. TRUSTEE PEEPLES: Yes, you mentioned that. MR. HERRMANN: So the neighbor is actually at the same seaward limit in terms of their own accessory use, at the same seaward encroachment, at a higher level than what this structure would be. We had hoped you were going to actually get something in writing from the southerly neighbor. I know Pat and Karen spoke to them. They said they didn't have any problem with it. TRUSTEE PEEPLES: We do have the letter. I mentioned that at the beginning. MR. HERRMANN: Did you get two letters? TRUSTEE PEEPLES: Just one. MR. HERRMANN: The northerly neighbor also commented, you know, just offered their support, but Pat and Karen did speak to the southerly neighbor. That' s to the right in your picture as well. And they had verbally indicated, you know, based on what they told me, that they had no issues with it, and if you don't have anything in writing to the contrary and if they are not here tonight, I assume that must be true. But as I said, we were hoping that they would e-mail you something with active support. But again my point is relative to what is there. You know, basically all of the construction down along this shoreline is quite a bit farther seaward than this house, and even with that roofed-over patio area with the wall, it sits on the interior side of that hedge, and the neighbor' s accessory structure protrudes the same distance at a higher height than this would be. TRUSTEE PEEPLES: And one thing that I just wanted to point out, when we were in our discussion during the work session, was, you know, understanding that this is for storage and for an area to hang out undercover, is there a possibility that the structure could be dialed back a little bit further landward. (Unidentified Voice) . I guess we could talk about that. TRUSTEE PEEPLES: And the reason we bring that up is it's extensive. Retaining walls, and all these things, I understand there is some currently on the property, but that was a discussion that we did have as a Board during the work session. MR. HERRMANN: Did you have something in mind or come up with something and, I mean, again, I think as it' s proposed, it's -- Board of Trustees 29 November 15, 2023 because it' s only a roof over an existing, patio area, it' s not, and again, they would be willing to accept really any limiting language that the Board wanted to impose in terms of, you know, it could never be enclosed, you know, the basement could never be, basement could never be developed. TRUSTEE PEEPLES: No running water. MR. HERRMANN: Right, that it has to remain a dry structure. Whatever your concerns are, and you'll have to correct me if I'm wrong, but to me given the extent of the surrounding structures, given the open-air nature of it, and I'm not sure, I mean, it' s over patio, so whether it' s roofed or'--not, it' s impervious surface, right? So I don'.t know that it' s really the size, like the scope of the roof that is terribly relevant. I'm feeling like there may be more underlying concern here about what the use could be or might really be or turn into. And that' s why I'm saying the motives here are genuine, and so whatever imposing language that the Board might want to suggest, I mean, I would ask you to tell us what it would be before you, you know, vote on it, but I think they would be open to any, really any restrictive language we have, that you might have. TRUSTEE GOLDSMITH: Mr. Herrmann, do you have a Building Department permit for that shed, roof, whatever you want to call it, basement? MR. HERRMANN: Well, not yet. Because we would not be able to obtain a Building permit until we obtain a Wetlands permit. MS. HULSE: Are you going to need variance, though, for the accessory structure? MR. HERRMANN: We don't believe so. MS. HULSE: Based on? MR. HERRMANN: What do you mean "based on"? MS. HULSE: I mean why do you not believe so, based on the size of the accessory structure? MR. HERRMANN: What do you mean based on the size of the shed. Oh, well, I never called it a shed. Elizabeth wanted to call it a shed, and that' s what went in the description. Do you have it, the plans, so I can show you. (UNIDENTIFIED PERSON) : (Handing) . TRUSTEE SEPENOSKI: Mr. Herrmann, for a moment, if I could just voice my concerns for the project. I think it's very thoughtfully conceived. I would be, as one Trustee, in support of the application were the structure you are going to reference in a few moments be pulled back in line with the pool, to prevent a precedent of seaward creep of structures like this and others. That" s one concern that I had. The other one is if you could speak to the dock in the configuration that you've given us here on the plans that you submitted tonight. Is the dock that is' depicted here, obviously it is what is in the field. Is it what is currently permitted with our office or any other office in Town? Board of Trustees 30 November 15, 2023 MR. HERRMANN: The answer is I believe so. But you are really making me switch gears here. So let me try to do that. Long story short, the two parcels that you are looking at, one is vacant and one is the subject parcel, used to be one parcel. And it was subdivided. There is a permitting history related to the dock that dates back to 1984. There is a bunch of different permits that were issued, one is permit 157, one is permit 1826, one is 3873. The problem with a bunch of these permits, as we talked about, is that they all talk about floating dock assembly, adding a 4x14 float, adding a 6x36 float. But there are not real clear plans that go along with it: So the clearest permit, and I'll submit this for the record. And obviously I'm getting all of this from your online records. There was permit 7726 that was issued to William and Janice Claudio on February 22nd, 2012. And that was when that, you know, what was described in this permit as a ldw-profile rock revetment that you see along the shoreline, was permitted. And part of the stated purpose of that application was to prevent the shoaling that was occurring around that floating dock assemblage. So the permit describes recovering 20 to 22 cubic yards of eroded sand from inshore and a floating dock assembly, placing recovered sand as backfilled land with new rock revetment. And the floating dock assembly that is on that permit is exactly what you see in the field today. So I don't know if you want to pass that down and turn it into Liz. I could probably spend 30 more minutes talking about all the permits that came before that -- TRUSTEE SEPENOSKI: That's okay. MR. HERRMANN: (Continuing) but I'll save everyone here from killing themselves. TRUSTEE SEPENOSKI: No, I just appreciate the homework that you've done and that because I had a wetland transfer permit in that what I saw in that file did not match what was in the field, so I thought I 'd ask. And you just provided us with what I think is sufficient evidence of the dock. MR. HERRMANN: Right. So let me hand you these plans. Lori, do you mind if I move your nameplate. (Handing) . So a couple of different things. So this is the main sheet. So this is the floor plan of the roof over. Okay. So there is the 18x31 dimension, which we are talking about potentially scaling back, is the roof over that patio area. There is a single wall here. That' s the one that runs parallel with the hedge. And there is a fireplace, gas fireplace, in the middle. There are two, what are the dimensions here, 5'8" by whatever that length is. But there is basically two boxes. So what's, and I don't, again Liz, I'm not meaning to say that you're at fault for this, but it was why I had objected to the use of the term "shed. " It' s really not a shed. It's the two storage spaces here. I guess you could call it a shed. It's a I Board of Trustees 31 November 15, 2023 pretty small shed. But they're also, they are distinct and separate, right? So there's not one big long room that is enclosed. They're two small enclosed spaces. Everything in here is completely open. Right? So, I mean, I guess the question is, is your main -- ----------- concern about this the fact that there is this 18x31 roof over this patio area. Because to me that is the only thing that makes this different from ten million other pool patios that you've approved. We far exceed the required wetland setback. We' re, you know, well in line with the neighboring accessories. We are much lower than the neighbor's accessories. Everything is set well back relative to, you know, what you would talk about as a traditional pier line along the shore. Now, pier line in your code doesn't speak to accessories, it speaks to dwellings. But if you are comparing apples to apples, everything is set well behind that. So I guess -- oh, I'm supposed to be giving this to you. So I guess the question is, is the concern the roof? TRUSTEE PEEPLES: To answer your question. It is a little bit the roof because that is a quite large structure. As one Trustee I'm looking at the retaining walls as well. So when you kind of walked us through all of this, there is a grade change, it' s pretty significant, that then almost ends up with, I don't want say -- two areas that are on top of each other. So you do have quite a high retaining wall that is on that side of the property, next to the neighbor with the privet. So by dialing the structure back landward, then you do reduce the retaining walls, you reduce the roof square-footage, and I see on the plan that there is quite a wide staircase that is in between that structure and the home. So, you know, it seems to be a little bit of room to play with. And the fact that you just explained to us that there are two separate square storage units, they could kind of -- MR. HERRMANN: Yes. TRUSTEE PEEPLES: And we are not saying, you know, don't have the structure or, you know, redesign it, but it' s just can we pull it back a little bit so that it's not quite -- MR. HERRMANN: Can I just ask for your point of reference. Eric, I'm not sure if it was you that just said this. Somebody just said, this would be pulling the accessory so that it was back in ' line with the pool. TRUSTEE SEPENOSKI: That's what I said. MR. HERRMANN: That' s what you said. Okay. Is that okay? (Mr. Herrmann is conversing with his client) . I mean, I would say that we could agree to that. Obviously I would have to bring you back revised plans with different dimensions and bla, bla, bla. TRUSTEE PEEPLES: Excellent. Yes. MR. HERRMANN: But, yes. TRUSTEE SEPENOSKI: Yes. And use computers for those plans, Board of Trustees 32 November 15, 2023 right? MR. HERRMANN: Somebody does. We won't be writing on it. (Perusing) . So I wanted to go back -- Lori, may I ask why you are asking me. Is there something you see about it that might -- -- ---- ------------ require a variance. MS. HULSE: By code the size of a shed would be, that would clearly exceed it. So I'm just curious if this is something that you've actually submitted with the Building Department and just to determine whether you'll need a variance or not. MR. HERRMANN: It' s not a shed though. MS. HULSE: I don't know that sitting here, but what I'm saying is just looking at the description it' s something that I would ask the question, certainly. MR. HERRMANN: The description is incorrect. MS. HULSE: Okay. MR. HERRMANN: That' s what I keep trying to say. MS. HULSE: I heard you. I 'm just curious if you've gone to ask about that. The only concern that I have is obviously we don't want to approve something that will require a variance down the road. MR. HERRMANN: Right. So full transparency for me, and I don't know, Pat, if, you can correct this. When this all started, I had asked the architect to verify with the Building Department that the structure did not require a variance, because I had explained to him that this needed to be clear, that this was not like a pool house. Because the zoning code has very specific -- so, again this is basically a roofed-over patio. The only structure is this, again, basement, with these two storage spaces above it. But we can certainly consult with the Building Department. In other words, here is what I guess I would ask. Is we could revise the plan to pull the length of this back per what Elizabeth and Eric were just saying so that it aligns with the pool, redesign that, and then before coming back to you, go to the Building Department with those plans, verify that no variance is needed, and then if we are able to verify that, then come back to you with revised plan with the structure cut back. Does that seem reasonable? TRUSTEE SEPENOSKI: Yes. MR. HERRMANN: I know you're still going to have separate and unrelated queries about the dock. When I tell you I've spent like three hours boring through your files, I have. So hopefully that can be treated as a separate matter. But my conclusion that was drawn is based on these other permits, that the configuration that is there has been there since that permit that is drawn and referenced, and there is no permit that calls out every piece of the dock in a traditional way that you would want. And that's something we can deal with, separate from this, to try to get an actual permit that describes each Board of Trustees 33 November 15, 2023 component of that dock so we are on record with it. But there is nothing about the configuration that appears different from the most recent permit that it spoke to. TRUSTEE GILLOOLY: I think what you're referencing is you have seen other permits that have this configuration on it but just don't specifically call out the lengths and shape of the dock. And I think that what we would like to avoid here is another situation where this will be approved or on file with the same configuration, without specifically calling it out. So if there is a way to remove it from the plans at this stage, just not referencing it, I think that would be preferable in order to not confuse future people who are searching down the road and see this, you know, since we are not talking about the docks today, I don't think it should be on the plans today. MR. HERRMANN: Okay, so I would propose a slightly different alternative. I can't remove it from the plans because it' s there. So we can't hide a structure that exists. But we can agree to file a separate application that addresses the dock. And just to clarify one thing, Liz, you said is on that last permit that I just handed up, I think I handed it up to you -- TRUSTEE GILLOOLY: Yes, we have it. MR. HERRMANN: It doesn't call out the dimensions but it does show the configuration of the dock. But I get what you are saying, if we don't address it at some point it' s just going to sort of continue. TRUSTEE KRUPSKI: So in an attempt to speed this up, how about just a call out on the dock that says, you know, recognize the dock is not approved, or this, you know, application is. not approving the dock at this time, in the set of plans. MR. HERRMANN: We could call out that maybe Lori can help me with the language, but that we don't intend to seek, you know, passive approval or something for the dock and that that would be, or even put a condition in your permit that the permit does not approve the dock, and the Board is requiring -- MS. HULSE: It's really got to be addressed on the plans, because that will be what causes the confusion. MR. HERRMANN: Right. But I'm saying those two things can be combined. The condition could reference -- in other words, I can't ask the surveyor to take the dock off. It' s there. MS. HULSE: Why can't he label it so that it's clear that it's not something that -- MR. HERRMANN: The architect can, yes, on the site plan. MS. HULSE: I think that's what's being suggested. TRUSTEE GILLOOLY: Yes. MR. HERRMANN: Sure. We'll come up with some language that you can tell me is okay or not. TRUSTEE KRUPSKI: Yes. TRUSTEE GILLOOLY: Thank you. MR. HERRMANN: You want me to deal with this anyway. TRUSTEE PEEPLES: Mr. Herrmann, were you submitting this as part Board of Trustees 34 November 15, 2023 of the record or is this your file that you would like to take back? MR. HERRMANN: No, I was submitting that as part of the record in response to Eric' s request that I have any sort of prior permit. Again, it' s like there's a thousand -- at some point John Brader (sic) built a houseboat on top of that dock and got, you know, fined for it. So there' s just hundreds of pages of history in your records about this dock. But that is the most recent and the clearest thing in your records that I could find. TRUSTEE PEEPLES: Okay. So in an effort to kind of wrap this conversation up, would be helpful if I kind of reviewed what we discussed to make sure we are on the right page? MR. HERRMANN: I would love that. TRUSTEE PEEPLES: Okay. So we talked about dialing back the pool house so that it' s in line with the pool, and any reconfiguration that is necessary there. We would like to condition as per the discussion we had, no running water within the structure. And that it will not be enclosed in the future. I mean, that would just be part, maybe you can make notes on the plans on that. MR. HERRMANN: I can. TRUSTEE PEEPLES: And that you are going to seek Building Department review. You are going to note on the plan some sort of verbiage about the dock. MR. HERRMANN: Yes. TRUSTEE PEEPLES: And then one other thing I just wanted to just mention is we noted some of the up-lighting on the landscaping, so perhaps that could be addressed. MR. HERRMANN: Make sure that it' s Dark Sky compliant TRUSTEE PEEPLES: Yes. Make sure it's Dark Sky compliant, yes. Okay, so, Mr. Herrmann, I believe I got everything. I'll just check with my colleagues up here on the dais and make sure I didn't forget anything, if there is any other comment. MR. HERRMANN: We are good. TRUSTEE PEEPLES: And then I believe there was a request to table this application. MR. HERRMANN: Yes, so we can deal with everything you just requested. TRUSTEE PEEPLES: Okay, sound good. With that, all that said, I make a motion to table this application. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . MR. HERRMANN: Thank you. Nick, you look like you're in pain. Thank you, for hearing us. I know it's a little different application. TRUSTEE PEEPLES: Thank you, for working with us. TRUSTEE GOLDSMITH: Number 3, AMP Architecture on behalf of I Board of Trustees 35 November 15, 2023 STEPHEN & FORTUNE HANDARO REVOCABLE LIVING TRUSTS requests a Wetland Permit to remove the existing 41x4 ' (16sq.ft. ) Outdoor shower, 6'x5' (30sq. ft. ) Front entry stoop, 418sq.ft. Rear brick patio at grade, 20. 61x20. 6' (420sq.ft. ) Rear portion of existing roof, existing septic system and existing foundation locust posts; lift the existing 4013'-�" x2016" (800sq. ft. ) One-story dwelling; install an open foundation of approximately (15) 18" concrete piers with breakaway walls; construct an 8 'x14 . 6' (116sq.ft. ) Second story addition; construct a 3. 61x8 ' (48sq.ft. ) & 4'x7 .6' (30sq. ft. ) Front covered porch with stairway; construct a 31x11.41 (34sq.ft. ) Rear entry stairway; a 4. 61x11. 10' (60sq. ft. ) Mechanical platform; a 20. 6'x16. 6' (338sq. ft. ) Second floor addition over existing first floor; a 21x7' , 41x20. 6' (total 96sq.ft. ) Second story balcony over existing first floor'; a 41x4 . 6' (16.5sq.ft. ) Outdoor shower (open to above) ; install a new I/A OWTS within raised grade; for the proposed raised grade over I/A septic system add approximately 813sq.ft. Surface area, existing average grade is 2.8' , grading height only over septic proposed to be 3.2' ; install 241x816" stormwater chambers (204sq.ft. Below' surface area) ; install an approximate 432sq. ft. Pervious driveway; approximately 2,760 cubic feet of earth, to be removed for proposed septic components excavation; all fill to remain on site for backfill with 325.2 cubic feet to be used for proposed regrading. Located: 2135 Bay Avenue, East Marion. SCTM# 1000-31-17-4 The Trustees most recently conducted a field inspection November 8th, 2023. There was a little bit of confusion with some of the flagging. And notes that say now using a pressurized system to enable removal of retaining wall. The LWRP found this to be consistent. The Conservation Advisory Council resolved to support the application. We do have a number of letters, e-mails in the file. I'll note them quickly. From Julianne Loudato (sic) , she notes that she didn't receive the notice until late, so she didn't really have a chance to attend. Same thing with a Susan Kamrowski (sic) . We also have letter from Maureen Beaury (sic) basically objecting to the application. Concern about the runoff from the property. She sent pictures and videos of the area flooding, so she's concerned that this project will increase the flooding onto her property and neighboring properties. And we also have a letter, objection from Julianne Lodato who is the neighbor. Her concerns about a fence that is located on her property. And also concern about the runoff from this potential project. Is there anyone here wishing to speak regarding this application? MR. PORTILLO: Good evening again. Anthony Portillo. AMP Architecture. I think we had a few renditions of this project and at our i Board of Trustees 36 November 15, 2023 last site visit me and Mr. Mandaro took into consideration all the Board' s comments, I believe. I think one of the big things was scaling the project back. to not being a reconstruction, which no longer it would be considered a reconstruction. We are elevating the existing structure to be FEMA compliant. We .a re- -- - ------- putting in flood vents throughout the structure to allow water to flow in and out of the lower level that would be not habitable. The addition is a lot smaller than what our original proposed design was, and really that is for a stair to go to a second floor, which is basically going to be kind of an in-suite bedroom. And we are proposing a pressurized septic system. I spent a lot of time at the Health Department on this property and this is what they said would work best, and it would allow us not to have retaining walls and really reduce any of the grading. I do have approval with, I do need to get approval from this Board and DEC, but basically approval on this system that I proposed, saying that we can have the leaching at the six inches below grade instead of normally it's one foot or sometimes they want it at two feet. In this scenario, because of the situation we are in, they allowed us to be six inches below grade on the drainage fill.. So again, this was an extra expense, obviously, to Mr. Mandaro, to put in a pressurize system, but, you know, we want to try to work with the Board. With regards to the flagging, I apologize. The flags that were closer to the shed and closer to the road were actually showing the drainage fields. We were showing you like the ends of the drainage fields so you had an idea where they would be located. The ones that we discussed that I was on the phone, that was the addition and the landing and staircase. I 'll just make sure I have all my points. (Perusing) . That's basically what we did to come up with a better project, I think, in trying to work with the Board' s suggestions. TRUSTEE GOLDSMITH: So I would like to thank you and commend, you know we went from a five-foot retaining wall on the property line to now five inches of fill in the middle of the property. So, you know, thank you, for listening to our concerns, the neighbors' concerns and addressing those. We did have one question regarding the proposed storm water chambers. Can you elaborate on those, what those are? MR. PORTILLO: Sure. So there is, actually I thought I had a section there. I could provide a section which was provided to the Health Department. But there are low-lying chambers that basically are going to be six-inches below grade as well, and they are going to be running like a tubular structure that we can let drainage into and at least bring it down to some sort of drainage field. Currently there is no drainage there. TRUSTEE GOLDSMITH: Is that where all the leaders and everything Board of Trustees 37 November 15, 2023 will connect? MR. PORTILLO: That's the plan. Yes, sir. TRUSTEE PEEPLES: And is it a self-contained system? MR. PORTILLO: Well, it's a perforated drainage field. TRUSTEE PEEPLES: Because it had some sort of name you referred .. ..._ _ ..... . _. to it as. It just seemed like it was something specific. MR. PORTILLO: I can provide the Board with a section. On the Health Department application, our drawings, we did provide a section of what that looks like so you can see. But essentially it's a one-foot chamber that runs, you know, parallel with each other. It goes back and forth, as a drainage field. TRUSTEE PEEPLES: And is there concern with it being kind of close to the wetland there? Will it still, I mean, when you reviewed it, would it still be effective? MR. PORTILLO: Again, this was part of my application to Suffolk County Health Department was putting in the drywell, because they do review the drywells with the septic. And this was determined to be a solution. Like I actually went there about three times to kind of figure out what to do here. But I believe so, yes. I mean if you need further documentation from the Health Department. I did bring this, I can hand this in. This is from -- (handing) . TRUSTEE PEEPLES: This is from the Health Department. MR. PORTILLO: Yes. TRUSTEE PEEPLES: Okay, pass that down. MR. PORTILLO: Basically saying that this design would be adequate for the site, and that we are exempt from Article Six, Section 760 614. MS. HULSE: Was there a reason the non-turf buffer was not put in the description? MR. PORTILLO: No. I mean we are proposing a vegetated ten-foot non-turf buffer. MS. HULSE: Which is required by the ZBA right? MR. PORTILLO: That' s required by the ZBA. MS. HULSE: Okay. MR. PORTILLO: I should probably mention, too, part of the revision to the drawings was us getting the second floor not pass the pier line. That' s another thing we accomplished. We do meet, we did have to go to the ZBA to get side yard variance, which we did receive, and get pyramid. And one of the things they asked was that we could not get the front yard variance. That' s part of the reason the second floor pushed back, but it's even further back than what we originally proposed. But we do have ZBA approval, yes. TRUSTEE GOLDSMITH: Thank you. Is there anyone else here wishing to speak regarding this application? MR. MANDARO: Yes. Good evening, Trustees, thank you, for serving. I'm Steve Mandaro, owner of the property. I've owned the property for 30 years. I have been on Bay Avenue for 56 Board of Trustees 38 November 15, 2023 years, since I was a kid. I raised my family there, and the desire here is pretty straightforward: To raise our present house up above the floodplain. You all know that area got decimated in Sandy. Three feet of water. As far as what we are doing, it' s nothing major. We are really just raising the house above and we are putting a little more of an in-suite bedroom on the second floor. And we are really losing a bedroom on the first floor. So we are really trading off here. As far as this letter about a fence. I've owned the property for 30 years. If there is a fence on the side line, if it's on their property, I 'll remove it. But as far as I know, it' s not. We have been at this two years. These letters have just started to come in, I guess, I'm not sure why, and I'm not going to address them. I raised my kids there. I never rent the place. All of my neighbors pretty much now are in investors who Airbnb every weekend. I'm still living there. It' s my home. I happen to make money in New Jersey, but I really live in East Marion. I always have. My daughters have lived there. My grandchildren. Our goal here is to make this property a place where I can live all year-round and leave New Jersey and not have to just spend three quarters of the yearly here but spend the whole time. I live on, we're on Marion Lake, so the whole point of the septic system is to protect Marion Lake. Why? The septic system is 80 years old and it' s non-functional almost. I'm a Board member of the Marion Lake Restoration Committee. I've been on that group 20 years. I'm not going anywhere. In fact, I plan to live the rest of my life on Bay Ave. I could sell that place and go find a piece of property in Orient and build a real house. All my memories are on Bay Avenue. So with that said, I'm seeking your agreement to give us an approval. Thank you. TRUSTEE GOLDSMITH: Thank you. Is there anyone else here wishing to speak to this application? TRUSTEE GILLOOLY: Just referencing what you just spoke of, I'm looking at the plans here and it does appear that the fence referenced on the plans is outside of the property line. So I just want to make that note for the record. MR. MANDARO: Is that fence on the right side as you are looking at the property? TRUSTEE GILLOOLY: I 'm sorry, apparently this is not my purview, so I 'll rescind my comment. TRUSTEE GOLDSMITH: Yes, sir? MR. BEAURY: Hi, my name is Frank Beaury, I live at 35 Rabbit Lane, and I guess I just want to address, I guess they view it as complaints. It's more like concern. The original plans were outrageous, and we went through this with his cousin that it's still being built, I don't know if it will ever be finished. And Board of Trustees 39 November 15, 2023 when that property was raised, was next door to mine, I had people coming in, the workers, urinating in my shower, urinating on my deck, eating their lunch on my deck, leaving garbage. And at one time I was there with my daughter, she was about, I guess 12-years old at the time, and the workers were pumping water from the lake to do their cement, and I made countless phone calls to the Town. Nobody cared, I guess, but me. So I had to call the police to get them off the property because they told me they were not leaving. As a matter of fact, they picked up a shovel and they came at me with a shovel, and they were cursing at me, and whatever. And when I called the police, thank God they came right away, they told them to leave the property. As soon as the police car left, they came back at me. This time there was a whole bunch of them coming at me. TRUSTEE GOLDSMITH: Sir, I don't mean to cut you off, but can you keep your comments to this project that is in front of us. MR. BEAURY: Okay. What my concern is, I went through the backyard what they are doing, and I don't want to have to go through that again. I don't want people peeing on my deck. I don't want to be assaulted. I don't want my daughter being assaulted. I don't want to listen to music and cursing all throughout the year with them working there. I don't want them -- later they finally made them get a bathroom. A port-a-potty. So I guess that helped. And I see down the road where the BNB, they're doing a big project there. I guess the Board what made them get a fence, and the fence, so no one can go in there. Before there was kids going in there. There was people going in there, looking at what they were doing. Because it went on for years, and it' s still going on. And I think something like that should be done. And I want to make sure that no one comes on my property to ride around the back to do work. Because that was done. And when I called the Building Inspector at the time, Verity, he was all for it. As a matter of fact when I went down there and I have it on tape, he told me that he would have me arrested. I said arrested for what? I'm asking you for the thing. He says I could have you arrested for whatever I want. TRUSTEE KRUPSKI: That sounds like a terrible situation sir, and certainly my condolences with that. But, you know, we can certainly consider a stipulation that, you know, no access through neighboring properties for the project. And I do think, I'm sure the agent for the application could speak to that, too. And it is also, it' s not the same homeowner. That family, you know. I have some funny cousins, too. But I understand your concern. And I appreciate that. So, thank you. MR. BEAURY: So, but it's the same thing. And what it is, it's without the walls there, it's definitely better, but my concern is the flooding in the back. As you see, no one could come to this meeting because we were notified Wednesday. I know myself, Board of Trustees 40 November 15, 2023 I could speak for myself, at 4 :00 PM, the mailman came for us to sign the thing. I couldn't get off. I came here at almost 6:30. I raced out here as fast as I could, and the other people couldn't come. My wife sent a video. If you seen that flooding you would not believe it. It's not a puddle, it' s a river. So what the Town did is they prevented the water from going in the lake at the road. So now it comes down and goes through my property and goes to the lake. So whatever. And we say that these projects you hear, that it's near the wetlands and stuff. And I'm all for the wetlands, and I have been going out there, I'm 58-years old, I been going out there since I was a baby on Bay Avenue. I spent my summers out there as a child, and when I had the opportunity to buy a house, I bought it. I remember that house and I bought it. And I love that area and I hate to see be destroyed. I bought a cottage, and that's what I bought and that's what it will remain being. I didn't buy a house, I bought it. I remember that house, and I bought it. And I love that area. And I hate to see it be destroyed. I bought a cottage, and that's what I bought, and that's what it will remain being. I didn't buy a seasonal, I didn't plan -- I have a huge piece of property. I'm not developing it, and it seems, especially with the walls and everything else, we use the thing before, you didn't want to be compared to Queens, but I was down in Breezy Point, you wish, they don't want to be compared to what' s going on there. Because down there, it' s great. And you don't even notice the difference. There is no big walls, five, five-foot walls. TRUSTEE GOLDSMITH: Thank you, sir. Just for the record, there are no more retaining walls on this property. That' s been addressed. MR. BEAURY: That' s wonderful. I wish them luck. But to say they are complaints. They're concerns. Because I'm concerned. TRUSTEE GOLDSMITH: Thank you. TRUSTEE KRUPSKI: Thank you, sir. We appreciate that. MR. PORTILLO: I want to correct myself. I was thinking of another application. We'll have columns of brick lay walls on this application. I apologize. I think I said foundation walls and whatnot. Just to clear that up. TRUSTEE KRUPSKI: Thank you. TRUSTEE GOLDSMITH: And, Mr. Portillo, just for the record, limit access to the owner's property only. MR. PORTILLO: That' s not a problem. That's fine. TRUSTEE GOLDSMITH: Thank you. Is there anyone else here wishing to speak regarding this application? (No response) . Any more questions or comments from the Board? TRUSTEE GILLOOLY: Just briefly. Given the extremely close proximity to Marion Lake, I think it would be appropriate to do an inspection of the silt fence and hay bales prior to Board of Trustees 41 November 15, 2023 installation of the storm water chambers or any of the construction work from the Trustees. And I also think it might be worth noting that the first floor should remain unfinished, with breakaway walls in perpetuity. So, I don't know if that' s -- MR. PORTILLO: That' s fine. By FEMA, we can't use it for anything other than storage. So we are in compliance with that matter. i TRUSTEE GILLOOLY: Okay, perfect. Thank you. MR. PORTILLO: And then in regard to the inspection, I don't think Mr. Mandaro has a problem with that. Thank you. TRUSTEE GOLDSMITH: Are there any other questions or comments from the Board? (Negative response) . Hearing none, I'll make a motion to close this hearing. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE GOLDSMITH: I make a motion to approve this application with the following conditions: A 30-foot vegetated non-turf buffer at the first floor be storage only, in perpetuity. A silt fence hay bale inspection prior to installation of the storm water chambers, and that access for this project is through the applicant' s property only. Thattis my motion. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . MR. PORTILLO: Thank you, Board. MR. MANDARO: Thank you. .TRUSTEE KRUPSKI: Number 4, AMP Architecture on behalf of KATHLEEN WALAS & THOMAS SARAKATSANNIS requests a Wetland Permit for the demolition and removal of existing 21. 11x33.3' (700sq.ft. ) Second-floor of dwelling, 30.7 'x19. 9' (611sq.ft. ) Rear wood deck and stair, 9'x5.5' (49. 6sq.ft. ) Outdoor shower, 8.7 'x7. 9' (69sq.ft. ) Front landing, 24 .3'x7.5' (138 . 4sq.ft. ) Front ramp and stair, 7.81x9.2' (61. 6sq. ft. ) Rear stair and landing, existing septic system, and leaching pools; construct a proposed new dwelling consisting of an elevated and renovated first floor with a 1' 8" lift, 13. 6'x13.9' + 30.8 'x49. 4' (1,700sq.ft. ) Living area and a 14.11x13. 6' (192sq. ft. ) Rear addition; an elevated and renovated garage with a 1' 8" lift, 13.8 'x20.7 ' (282.2sq.ft. ) ; a 30.7'x49. 4' (1, 511. 6sq.ft. ) Second floor; a 4 'x18. 6' (73.8sq.ft. ) Second story balcony; a 23.3'x4.2' (94. 4sq. ft. ) Front covered porch; a 13. 91x10. 6' (148sq.ft. ) Rear screen porch; 6. 9'x10' (69sq.ft. ) Rear steps and landing; 8. 6'x18.5' (159sq.ft. ) Rear steps and landing; a 13'x10' (130sq.ft. ) , 4 ' deep pool; a 101x12. 10' + 5. 6'x18 .5 ' (247sq.ft. ) Rear patio at grade; proposed septic system with grading above; proposed Cultec stormwater chambers; a 41x4 ' pool Board of Trustees 42 November 15, 2023 drywell; proposed 51x5' (25sq.ft. ) Outdoor shower; 31x8 ' (24sq. ft. ) Pool equipment shed; approximately 2, 995.5 cubic feet of earth to be excavated for proposed improvements and all 2, 995.5 cubic feet to remain at site for backfill. Located: 750 Brooks Road, Greenport. SCTM# 1000-3-1-16 The Conservation Advisory Council resolved not support the application. The Conservation Advisory Council does not support the application because setback of the proposed pool is not in compliance with Chapter 275, and there is no concern with the addition of fill. The LWRP coordinator found this to be inconsistent. The leaching galleys are located in FEMA flood zone Elevation Seven. Will expansion of the house add more sanitary flow and potential impacts to the high quality Pipes Cove eco-system. If so, how much over existing conditions. What is the modified vegetation buffer refer to. And what is the finished grade slope, will storm water flow into surface waters. The Trustees last visited this site on the 8th of November, questioned the amount of fill and grade change. Will the plans show overlay. Struggle to balance environmental concerns with expansion. Remove invasive Fountain grass, re-vegetate with natives and a large non-turf buffer. Also silt fencing, hay bales, et cetera. Is there anyone here that wishes to speak regarding this application? MR. PORTILLO: Yes. Hi. Again, Anthony Portillo, AMP Architecture. So our proposal is to remove a large structure that is currently seaward, which is a covered deck area, and then the deck that is adjacent to that, we are proposing an addition in that area. The large structure that is covered, the large deck structure that is covered is where we are proposing to locate the plunge wall, which would be at grade, really less invasive than what is currently there. We are elevating the structure to FEMA compliance, and this is the one that is solid walls with flood vents. It's in an A-Zone. We are removing what is currently two cesspools, and we are providing an IA system, really in the only location we see possible on the site, and providing drainage fields for rainwater collection, for rainwater. We did have to go to Zoning for this application because it's considered a reconstruction due to the amount of work, based on Southold Town code. There are no real neighbors to this property, no adjacent neighbors to this property. The only neighbor would be the property next to what is, it' s owned by the Town, and the other adjacent lot is owned by the county. The home is accessed only by a right-of-way road. And we were approved for the setback variances and the pyramid variance Board of Trustees 43 November 15, 2023 that we requested. I do think that, I do think that the approach to the design is trying to bring the addition structure away from the seaward area and more toward the landward side. You know, this lot is somewhat a 180, you know, water, and it is a difficult scenario to try to accomplish, you know, the square footage that we are trying to get out of it. Also that addition area I would like to just indicate that is only one-story and that was done really to kind of keep that area lower, as it was coming out toward the water. And, yes, that was done on purpose. And really keeping the second-floor structure where there already is a current second-floor structure. It' s just more of a one-and-one-half story, I guess. So it' s like, it has dormers and things like that. It' s just not really a great second floor. So that' s a big reason we are doing this, to really have a real second story. So I think I hit all my points. If you guys have any questions. TRUSTEE KRUPSKI: Just for clarification, looking at the plans, the current, you know, rough elevation of the site, is four, and is the finished with the septic and the house going to be six? In terms of grade of property surrounding the structures? MR. PORTILLO: Um, so the grade currently at, I mean, it varies a little bit, but it' s between six and five at the existing home. Where we are proposing the septic is like at a four, and we are proposing to be at 5.8. And basically it's the six is being sort of, it's pretty minor that grading where we are going up to six. It's about half a foot, really. Because six comes out around, currently, six comes out seaward of the side of the home. So we are just sort of taking that grading and going around and keeping it at six instead of it being -- it' s probably about a half a foot that we are raising it around the home. And part of that is trying not 'to, we eliminated all retaining walls. I know when we met on site, we had a retaining wall, listening to the Board and trying to take these into consideration, you know, that was, we proposed a way to do that which would be to have just a one to three slope, which is allowed by the Health Department for our leaching. And that was our approach. We have submitted this to the Health Department. I do have from them basically an approval with approval from this Board and DEC. So that would be the last leg of us getting septic approval. So, I think in their minds with discussions and lines on this and, you know, us taking those cesspools out and being able to put that IA system in its place, because they obviously don't want us putting in a system closer to wetlands "either. That was sort of, I think what they're thinking. I have that if you guys would like to see that. TRUSTEE KRUPSKI: No, that's okay. We have it. Board of Trustees 44 November 15, 2023 The other major concern is that under Chapter 275, we don't allow pools within 50 feet of the wetland line, so although we are close, we have moved applicants back, even to be a foot before. MR. PORTILLO: I think we could probably work within that constraint. We are at 47.4 right now, so I don't see an issue getting back to 50. TRUSTEE KRUPSKI: To the south of the home, you have what I assume is a leaching field, but it' s unlabeled on the plans. MR. PORTILLO: Yes, that' s the leaching chambers, leaching field. TRUSTEE KRUPSKI: And that's for the entirety of the site? MR. PORTILLO: That' s correct, we would have to pipe that in. We have some constraints obviously, with being close to the septic and wetlands property. So this was, this was also how we presented it to Suffolk County in regard to the septic, and I 'm not sure if we could fit another field anywhere else. I don't know, if you guys have any ideas. TRUSTEE KRUPSKI: And how wide is your, it says modified native vegetation buffer. We need to clarify that a little bit, too. I'm not sure, you know, number one, I would like to see a measured number for that. And also, I mean, for tonight if you could clarify for this Board, you know, what exactly you mean by that, I think -- the LWRP was confused, too. MR. PORTILLO: Yes, I think the issue here with this site is, you can probably see it on the map there, is the site, it's somewhat flat and sort of dips down, so you don't really have like a straight line delineation of how wide this buffer is, right. So there is already a buffer there and the idea was to just sort of maintain it. And we sort of just, and you can see our lines, how we're presenting the edge of lawn. It' s not necessarily just straight. We sort of have, on the plans you can see how we sort have drawn a line around, capturing that raised patio. So it' s not, I can get maybe like an average of what it is, I mean unless we just take a radius and sort of make a buffer. The site doesn't really qualify, it' s hard to say, hey, this is 20 feet. Like it would be 20 in one spot and 18 in one just because of the contours. TRUSTEE SEPENOSKI: The beauty of this property, I mean in an environment sense, is that it abuts a county land, it has an amazing protective sand beach, with tidal fluctuations happening in front of it. There' s lots of sea birds, fish, crab species. It really is an amazing location. And the buffer would be really important in this location, not only in terms of the habitat that it creates surrounding the property, but also in terms of its esthetics, because of people enjoying the waterways and their kayaks and swimming and walking and seeing that property with the healthy vegetated buffer, it's really important for those two respects. One thing I noticed in the field is that you have a few Board of Trustees 45 November 15, 2023 non-native species in that area, some miscanthus grass, which everyone loves to plant because it's beautiful and breezy and beachy, but it' s actually an invasive which I've seen take over farm fields and other wetland areas if it' s not removed and eradicated properly. -------- -- ----------- So to see that buffer in its most-natural state would be important to me as a Trustee, and also to avoid what happened in the adjacent house where human activity has removed the wetland marsh and created instead a kind of like a beach hangout place where we don't have any kind of, other than the occasional fiddler crab that risks its life crossing that area. MR. PORTILLO: To your point, Eric, not to cut you off, is the owners have been there for 15, 16 years, and the buffer is like, they're really into the buffer. I don't think it's something they are looking to -- I think they are even okay increasing the buffer, and that's what we would be proposing. TRUSTEE SEPENOSKI: Yes, I would be interested in having that happen. MR. PORTILLO: I'm not looking to do what Mr. Heinz did there with the sand and beach and all that. I think their enjoyment is the buffer and the grasses, and whatever plantings may have happened over the 16 years, I 'm not sure. But they are here, they can speak to that. But I'm sure eradicating that is not an issue. I don't know if the Board has a proposed offer that we can consider that. TRUSTEE SEPENOSKI: I mean, I'm taking a look at just the aerial photographs and having been there in the field, I think a buffer that would be inclusive of the stone patio and wraps around the property. So, I don't know what that is, an additional eight feet or so. To put a number on it. I'm not sure about the dual access to the water. One of those access points is sand, to go by foot to the creek. The the other one is by dock. So it seems important to choose what you want. MR. PORTILLO: That' s understandable. TRUSTEE SEPENOSKI: Because usually Trustees permit one four-foot access path to the waterways. And with the dock you do have significant access to the water there. And there's a lovely bridge as well, just down the road, to access the beach. Those are my concerns. MR. PORTILLO: Noted. Thank you. TRUSTEE KRUPSKI: One other thing we are looking at is, there is the proposed addition going seaward, however it is, I am taking into account that it is in line with the current house. However the, then we are also bumping out with the screened-in porch over, you know, there's a walkway there and there' s a shower there, but there is not much else. So it just kind of seems we are creeping a little bit with that. So I would kind of be looking to dial something, you know, the pool obviously has to get dialed back by code. I would like to see that creep kind of Board of Trustees 46 November 15, 2023 dialed back if possible, too. MR. PORTILLO: Can I make a make a comment on that though, Nick? TRUSTEE KRUPSKI: Certainly. MR. PORTILLO: That measurement really is our furthest measurement from that delineation line. It' s 79 feet. So, I mean, we're almost at 80 feet, where the other portions of this home is 55 currently. It' s really the only area where I believe an addition makes sense on a lot like this, how it' s plotted there. And, you know, it's, again, to get somewhere to sit outside where there' s mosquitos, this would, it would have been difficult to really put it anywhere else. I don't think there is much other location. And I think it is a sensible location given that that is the widest area, if you look at the rest of the building, or the structure. Again, that is just my, the reason, that' s my reasoning why I located it there. I thought it fit nicely, and I noticed that it was 79 feet from the delineated wetlands, so, you know, I thought it was really the least intrusive of anything. So, that's my two cents on that. TRUSTEE KRUPSKI: Right. Go ahead. MR. PORTILLO: It may be 80 feet, I don't know. It would seem pretty minor if it was 79 to 80. And it's not a huge screened porch as you can see. It' s 10x13 1/2. I mean you could really fit just a table out there. TRUSTEE KRUPSKI: It' s under the screened porch? MR. PORTILLO: That would be done with -- it would be open. It would be a deck. There' s no, I mean, I know what the circumstances are. They're not looking to close it. They want a screened porch. They want to enjoy that. TRUSTEE KRUPSKI: I think just to summarize what has been discussed here tonight, you know, we have the limit access by code to one access -- MR. PORTILLO: Got it. TRUSTEE KRUPSKI: Through a buffer. I think the Board is looking to expand the vegetated buffer, remove the miscanthus and replace it with native vegetation. I think it would probably make sense to include a few native trees in the application. And the pool would have to be moved out of, you know, past the 50-foot mark. And then I personally would just consider, you know, downsizing the screened porch to pull that back slightly, because it is kind of just, everything is just creeping. Did I miss any other commentary? (Negative response) . MR. PORTILLO: Thank you, very much. So we'll just table and present a new -- TRUSTEE KRUPSKI: If you wish to table, sure. MR. PORTILLO: I would. Thank you, very much. TRUSTEE KRUPSKI: Is there anyone else here wishing to speak regarding this application? Any additional comments from the members of the Board? Board of Trustees 47 November 15, 2023 (Negative response) . Hearing none, I'll make a motion to table this application. TRUSTEE SEPENOSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . MR. PORTILLO: Thank you. MR. SEPENOSKI: Number 5, 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 The Trustees reviewed the application at our November work session on the 8th. The LWRP coordinator Mark Terry found the project to be consistent with its policies. The Conservation Advisory Council was not able to make an inspection and therefore was not able to make any recommendations to this Board. We are in receipt of plans from August 7th, 2023. Is there anyone here who wishes to speak regarding this application (No response) . Members of the Board? (Negative response) . Hearing no further wish to speak, I make a motion to close this hearing. TRUSTEE PEEPLES: Second: TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE SEPENOSKI: I make a motion to approve the application as submitted. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE GOLDSMITH: I make a motion for a five-minute recess. (After a brief recess, these proceedings continue as follows) . TRUSTEE GOLDSMITH: All right, back on the record. TRUSTEE GILLOOLY: Number 6, Frank Uellendahl, RA on behalf of KATHERINE L. OLIVER requests a Wetland Permit for the existing two-story dwelling (1, 816sq.ft. Footprint) ; expand the existing 8'x±34 ' screened porch an additional 3.4 ' for an 11. 4 ' wide by ±34' long screened porch; ,slightly extend the existing 190sq. ft. Brick steps and surrounding brick path to accommodate screened Board of Trustees 48 November 15, 2023 porch extension; a one-story 131x16' den extension; a 14'x9' one-story front entry extension, and extend the existing 130sq.ft. Front deck to accommodate front entry extension; a 16'x40' in-ground swimming pool with associated ±1,340sq.ft. Paved patio with drainage; and an 81x18' shed for pool mechanicals and storage. Located: 1255 Bay Shore Road, Greenport. SCTM# 1000-53-4-2 The Trustees most recently visited this site on November 8th, noting that the pool pulled back to be in line with extension patio oversized in close proximity to beach/unconsolidated soils. The current porch exceeds pier line. Additional porch would also. Add buffer on seaward edge to protect soils and support habitat. The LWRP reviewed this application and found it to be consistent, and recommended a vegetated buffer to protect this high-quality marine eco-system area. And the Conservation Advisory Council reviewed this application and resolved not to support the application as submitted. Is there anyone here wishing to speak regarding this Application? MR. UELLENDAHL: Good evening. My name is Frank Uellendahl, on behalf of Katherine Oliver. Well, she started with three small additions in the front and the back, closest to the wetlands, obviously, a screened in porch to make it more functional. It's very narrow. And then in order to mediate the, having access to the garden, the first-floor elevation is about more than three feet above grade. And there are two staircases in the front and in the back of the screened-in porch, which makes it difficult to actually make use, easy use of land. Most of the property is empty and it's not being used. So she would like to have a swimming pool with the deck so easy access could be done. I pushed the pool back a little bit, I don't know if you noticed, it's going to be more than 20 feet off the top of the bank. I can submit a revised site plan. I felt the, there is a small difference in grade toward the wetlands, which I didn't like, so I pushed it back eight feet. And I think this will actually work much better as far as the construction is concerned. As far as, you may have noticed that there are no, gutters -- there are some gutters but there are no drywells on the entire property. So my calculations that are submitted include the entire roof of the entire structure, including part of the patios. All of the roof runoff, including most of the patio roof runoff, will be guided into drywells. You see a couple of French drains that take care of the immediate adjacent deck area, and then I would like, I think I gave you an inspirational photo of what the patio will look like toward the wetlands. I Board of Trustees 49 November 15, 2023 would like to sort of chisel it into a more natural border, not as rigid as you may think. And this will help with the drainage into, the natural drainage basically towards the wetlands. The area between the deck and the buffer zone, I don't see as grass. I think it will be vegetated and it will be a - ---- -- pervious situation back there. So, if there are any questions, I would be happy to answer them. TRUSTEE GILLOOLY: I think one of the first questions is where you have the line for the edge of the wetlands. I think that what we would want to see measurements from is the top of the bank here. So we would definitely want to see that changed. And with that, the seaward extension of the covered porch becomes actually quite close to the top of the bank there. MR. UELLENDAHL: It' s about 25 feet. TRUSTEE KRUPSKI: So this is on the extension of the, covered porch we are discussing now, right? MR. UELLENDAHL: Right. TRUSTEE KRUPSKI: So unfortunately this house is already ahead of our legalized pier line within the code, so we would not be able to bless any further seaward extension on that. MR. UELLENDAHL: All right. Well, she may be disappointed on this. All right. Is there anything else I need to report back to the owner. TRUSTEE SEPENOSKI: I think the pool. You've mentioned that you moved it back to about 20 feet. In the field we were noticing there is quite a lot of room landward of the house, landward of the wetlands area in which to situate a pool so as to minimize its proximity to the wetlands. One location that looked fairly straightforward to me was the one off of the extension on the side of the house, to the right of the image we are looking at now. MR. UELLENDAHL: Which is off the den. TRUSTEE SEPENOSKI: Yes. To bring the pool in line with that. MR. UELLENDAHL: That' s quite a distance. I mean, there are examples in the immediate neighborhood where the pools are relatively close to the wetlands. TRUSTEE KRUPSKI: Well, certainly, I would agree with you. And if you look at the aerial two houses over there is a pool in the wetlands, which this Board would never permit. So I certainly, you know, mistakes were made in the past, not by this Board, but we are going to look to not remake them, and if I had to guess when that pool was permitted, they bay probably was not quite so close to the structures at that time. TRUSTEE SEPENOSKI: And in that location, Trustee Krupski, I notice also there' s been a rock revetment that' s been installed probably to protect those features. We would want to avoid having to install a rock revetment to protect any pool that is put in that location as a preventative. Those are my thoughts. TRUSTEE KRUPSKI: I understand where you are coming from in this Board of Trustees 50 November 15, 2023 application and what you are looking to do. If I'm speaking quite frankly, though, I think we are pretty far from an end result here. I think everything has to go way landward away from the wetland, which is certainly not what you are asking and I'm sure not what your client wants. But that is sort of in -keeping with best practices with what this Board regularly does and that' s what we would need to see. MR. UELLENDAHL: Nick, can you give me some kind of distance from the top of the bank that would be approvable by the Board? I mean right now I have more than 20, probably 25 feet, because I pulled the pool back eight feet already. TRUSTEE GILLOOLY: I think to Trustee Sepenoski's point, using that deck extension on the east side of the property, as, you know, like no further seaward than that extension is what was discussed. TRUSTEE GOLDSMITH: I believe you referred to it as the den? MR. UELLENDAHL: Well, it' s a living area. So we are going to actually lower the finished floor of the den by a few steps to basically what I call to mitigate, to have easier access to the deck. Right now there are no decks, so people are actually staying, I don't want to say they are trapped in their houses, but they are not going to easily enjoy the outdoors. And the pool will give them the opportunity to do that. TRUSTEE GOLDSMITH: And you do have a beautiful spot with a very extensive lawn area that you can incorporate a lot of, you know, pool and patio and shed, but from our perspective, the further away from the wetland those proposed structure are, the better. And I think that there is a way to accomplish both here; to give your client access to that outside, and at the same time protect the wetlands, which is what we are trying to accomplish. So a couple of distance changes might accomplish that. MR. UELLENDAHL: Could there be something in between lining up of the den and where I already pulled the pool back from? Right now, the pool lines up with the existing covered porch. It's in line with the existing covered porch. TRUSTEE GILLOOLY: So we don't have a copy of the plan that shows that. MR. UELLENDAHL: No, you don't. But I can show you. I would pull everything back to the line of the existing covered porch and everything else. So, I mean, anywhere in between, I think we can have a deal. I don't necessarily want to pull it all the way back to the line with the den. But I mean this is not, I mean I'll have to talk to her, obviously. TRUSTEE KRUPSKI: I would say, and just so that we get on the official record -- if you can get back to the mic. Just, you know, in trying to be transparent here, for me, and I think for most of the Board, you know, this is a tricky one. It's a very low-lying area. The structure, living structure, is already extremely close to the bay. I would need to see, you know, there is a beautiful beach to swim on. There is a great piece of bay Board of Trustees 51 November 15, 2023 front to swim on. I would have to see a pool pulled very far back to support the application. And patio. Because it, you, know, Bayshore Road is, you are essentially in a swimming pool at your house. It's right there, in terms of elevation and property size and proximity, you know, from your front door to the bay. So, environmentally speaking and in terms of overloading the properties, it' s going to have to be pulled quite a bit back for my support. MR. UELLENDAHL: So you are saying if I pull the pool back to align with what I call the den, that would be -- TRUSTEE KRUPSKI: I can't really speak to that specifically. It will have to be considerably far back. I don't know exactly what that measurement is. But, yes. MR. UELLENDAHL: All right, I'll then talk to my client. I'll revise, I will come up with a new pool location. But you mentioned the deck, the stone patio. TRUSTEE GILLOOLY: Sure. If you would like I can summarize what we've talked about here. So we are talking about the pool being moved back to extend no further seaward than the extension on the east side of the property. We are talking about no extensions of the covered porch on the north side of the property. Unfortunately. And I think that on this plan we would also like to see a vegetated non-turf buffer from the top of the bank at least ten feet. And then on the plans -- MR. UELLENDAHL: Which is probably close to ten feet right now. TRUSTEE GILLOOLY: It probably is in what exists, but we would like to see that delineated on the plan. Additionally, everything seaward of the top of the bank, we would like to see that clearly delineated as non-disturbance area. Right now it' s just beach, but we want to make that clear. MR. UELLENDAHL: Okay. TRUSTEE GILLOOLY: Are there any other comments from the Board? TRUSTEE SEPENOSKI: One small comment, Mr. Uellendahl. In the future it would be beneficial to book your clients and ourselves to meet into the field for a pre-submission inspection, discuss some of these details, to give you a better sense of where the Board might fall on the decision. MR. UELLENDAHL: Last time I actually did this on another project, but I was not available, unfortunately. TRUSTEE SEPENOSKI: Appreciate it. Thank you. TRUSTEE GILLOOLY: Are there any other comments? (No response) . Hearing none, I make a motion to table this application at the applicant' s request. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . MR. UELLENDAHL: Thank you. TRUSTEE PEEPLES: Thank you. Board of Trustees 52 November 15, 2023 TRUSTEE PEEPLES: Number 7, Hideaki Ariizumi on behalf of WILLIAM & STACEY BRENNEN request a Wetland Permit for the existing 1, 922sq. ft. One-story dwelling with existing ±329sq.ft. Of decking; remove the 13.4'x9.8 ' (131sq.ft) . Deck and construct a 13.4 'x9. 8 ' (131sq.ft. ) Sun-room; existing ±198sq. ft deck to - remain; and on landward side of dwelling construct a ±10.5'x±14 ' (±144sq.ft. ) Mudroom leading to a 241x26' (600sq.ft. ) Two-story garage. Located: 1050 Trumans Path, East Marion. SCTM#' 1000-31-12-5.1 The Trustees recently visited this site on November 8th, 2023, and made the following notes: Request drywells for roof runoff on plans. Straightforward with respect to garage. New plans with drywells submitted was an additional note. And we are in receipt of that plan, stamped and dated November 9th, 2023. The LWRP found this application to be consistent. And the CAC resolved to support the application with the recommendation of an IA septic system. Is there anyone else here who wishes to speak in regard to this application? MR. BRENNEN: William Brennan, homeowner. Unfortunately my architect had to go to Japan for a family emergency. I believe he got the revised plans as to what we discussed when we met, so I would be happy to answer any questions. If I could. TRUSTEE PEEPLES: He did. So we do see the revised plans here show the drywells, and we just want to make sure that the, the condition that basically the gutters and leaders do connect to those drywells. MR. BRENNEN: Absolutely. J TRUSTEE PEEPLES: So I don't see a note on here but I'm assuming that' s the case, and I'll just add that into the permit as a condition. MR. BRENNEN: Absolutely. TRUSTEE SEPENOSKI: Trustee Peeples, I think that one comment we had in the field we discussed this application was to stipulate a non-disturbance buffer from top of bluff to Marion Lake and non-turf buffer from top of bank to the house. TRUSTEE PEEPLES: Right. Seaward. That' s correct. TRUSTEE SEPENOSKI: Okay. MR. BRENNEN: Absolutely. TRUSTEE PEEPLES: Okay. And I believe just based on the location there you have a lot of trees, so maybe if we talk about maybe a ten-foot non-turf buffer that would -- MR. BRENNEN: Like you saw when you were there, it's a nice, solid moss. Everything blows nice off of it. And I only have to cut the lawn growing stalks like once a year. So it' s perfect. TRUSTEE PEEPLES: Yes. The moss was beautiful. And you were busy raking leaves. So I believe those are the only comments from the Board. Is there anyone else who wishes to speak? (No response) . Board of Trustees 53 November 15, 2023 Any other questions or comments from the Board? (No response) . TRUSTEE GILLOOLY: Just a reminder, given all the beautiful trees that, if you ever need to trim a dead branch or cut a tree for any reason, you would have to apply to the office for a tree letter. MR. BRENNEN: Yes, I 'm aware of that. Thank you. TRUSTEE GILLOOLY: Great. TRUSTEE PEEPLES: Any other questions or comments? (No response) . Hearing none, I'll make a motion to close the hearing. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE PEEPLES: I make a motion to approve this application with the stipulation that the gutters to leaders do connect with those drywells, and that there will be a ten-foot non-turf buffer that is landward of the top of the bank and then the area seaward of the top of the bank is non-disturbance. MR. BRENNEN: Perfect. TRUSTEE PEEPLES: With the new plans depicting the following, that is my motion. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . MR. BRENNEN: Thank you, all. Have a good night. TRUSTEE GOLDSMITH: Number 8, Tom Quarty on behalf of DONNA M. WEXLER REVOCABLE TRUST requests a Wetland Permit for the existing 2, 080sq. ft. Dwelling; construct a 101x14 .8 ' addition in place of existing deck section on southeast corner of dwelling; on landward side of dwelling construct a 31x9. 1' one-story entry addition; a proposed 3'x6' porch addition; a proposed 19.7 'x22.7 ' roofed over car port; and existing ±42. 6'x10' seaward side deck. Located: 1175 Hill Road West, Southold. SCTM# 1000-70-4-23.1 The Trustees conducted a field inspection on November 11th, 2023. The notes say question that this meets Town Code definition of a "demolition. " If it does, it would trigger an IA system. Also, review previous permitting history. The LWRP found this to be consistent. The Conservation Advisory Council resolved to support the application. Is there anyone here wishing to speak regarding this application? TRUSTEE GILLOOLY: Just state your name for the record. MR. QUARTY: Tom Quarty. If there are any questions I can answer. TRUSTEE GOLDSMITH: I don't think we have any questions. We did speak with the Building Department and this does not meet the definition of a demolition. If it did, that would trigger an I/ Board of Trustees 54 November 15, 2023 OWTS system. But as it stands now, it does not. The only other thing that we had discussed, which basically exists now, is seaward of the house and the deck between the house and the bulkhead, be a non-turf buffer. It is now gravel and things like that, so we would like to condition that it stays as a non-turf buffer, no turf or anything like that. So we would require a new set of plans showing that. MR. QUARTY: Okay. TRUSTEE GOLDSMITH: Is there anyone else here wishing to speak regarding this application? (Negative response) . Any other questions or comments from the Board? (No response) . Hearing none, I make a motion to close this hearing. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . I make a motion to approve this application as submitted, with the condition of a non-turf buffer seaward of the house between the house and the bulkhead, with new plans showing the non-turf buffer. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . MR. QUARTY: Thank you. TRUSTEE GOLDSMITH: Have a good night. TRUSTEE KRUPSKI: Number 9, Jeffrey Patanjo on behalf of HERBERT & SUSAN HOFFMAN requests a Wetland Permit to remove the existing timber retaining wall and replace with a new 79 linear foot long retaining wall in new landward position; install a 10 linear foot long return on the north end and a 6' return on the south end; the new retaining wall to be installed at a raised height of 30 inches above top cap of existing retaining wall; 4' wide by 5' long steps to water using Thru-Flow decking surface to be installed; prior to removal of the existing retaining wall there shall be 17 cubic yards excavated from landward side from between old wall and new wall, this material shall be used as fill along with 13 cubic yards from upland sources behind the new retaining wall to raise grade; proposed intertidal plantings shall be placed immediately seaward of proposed retaining wall to create a wetland area; plantings to consist of salt hay (spartina patens) , seaside lavender (limonium carolinianum) and saltwort (salicornia spp. ) ; ,-plants shall be planted in accordance with NYSDEC guidelines; and to install and perpetually maintain a 10' wide non-turf buffer along the landward edge of the retaining wall. Located: 1605 Arshamomaque Avenue, Southold. SCTM# 1000-66-3-10 The LWRP coordinator found this to be consistent. The Conservation Advisory Council resolved not to support Board of Trustees 55 November 15, 2023 the application due to the potential impacts to the neighbor' s property on the north. The Trustees most recently visited the site on the 8th and noted that the non-turf buffer should be vegetated seaward of the bulkhead, delineate non-turf buffer area .to be cleared, and then questioned the return on the northern side. Is there anyone here that wishes to speak regarding this application? ' MR. PATANJO: Jeffrey Patanjo, on behalf of the applicant. The comments that we already were the buffer on the north side. We are removing the existing, there is a return there, and you saw that wall. It' s partially falling down as it stands right now, so we really want to stabilize the entire shoreline. And as part of this project, with regard to any disturbance to the property to the north, we are going be doing wetlands plantings seaward of the proposed retaining wall. And those plantings can be extended beyond the property line into any disturbed areas. TRUSTEE KRUPSKI: All right, thank you. Is there anyone else here that wishes to speak regarding this application? (Negative response) . Or any additional comments from members of the Board? (No response) . It should be noted for the record that there is a pretty steep drop off right now, and the applicant at one point had erected an illegal bulkhead/retaining wall. It' s difficult to say at that point. We do not allow new bulkheads on the creeks. This application pulls that wall significantly back and removes that wall, puts a new wall in, which is significantly further inland. It will probably eventually need to seek, as everything seems to be rising here, but in the foreseeable future it will function as a retaining wall. MR. PATANJO: Just for the record, that was presented by the New York state DEC, so they did ask us to pull it back and do additional wetlands plantings. TRUSTEE KRUPSKI: That' s right. Thank you. MR. HOFFMAN: One comment. Herbert Hoffman. I'm the current owner. The wetlands was, the DEC said we had two violations. One was the wetlands was disturbed, and the other one was the retaining wall. Those were done in 2019. We purchased the house in November of 2021. So it was the previous owner that did that, so we are trying to rectify what she did without permits and all that. TRUSTEE KRUPSKI: Understood. Thank you. Would anyone else like to speak to this application? (No response) . Hearing no further comments, I 'll make a motion to close the hearing. TRUSTEE GOLDSMITH: Second. All in favor? Board of Trustees 56 November 15, 2023 (ALL AYES) . TRUSTEE KRUPSKI: I make a motion to approve this application with the stipulation that the ten-foot non-turf buffer landward of the new retaining wall be vegetated. TRUSTEE GOLDSMITH: Second. (ALL AYES) . MR. HOFFMAN: Thank you, very much, everybody. TRUSTEE SEPENOSKI: Number 10, AS PER REVISED PROJECT DESCRIPTION AND PLANS RECEIVED 11/9/2023 Jeffrey Patanjo on behalf of 225 WILLIAMSBURG DRIVE, LLC, c/o WILLIAM TOTH requests a Wetland Permit to remove and replace 101 linear feet of deteriorated timber bulkhead in-place with new vinyl bulkhead including one 16' vinyl returns on north side of existing 141x16' wood ramp which shall be removed and void filled with clean sand/gravel from upland sources; 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; 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. 9'x20' front covered porch; install two a/c units and a Bilco door; 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 Trustees reviewed the application on October 11th, 2023. There are notes from that review: Ask for new plans for the pier line, conceptual pier line, from the vacant lot adjacent, a one-to-one tree replacement, and concerns about location of pool in proximity to creek. And to review the ramp. The LWRP coordinator Mark Terry found the project to be consistent, recommending that they maintain the existing trees in and near the buffer, the use of turbidity controls, and the minimization of CCA treated materials. The CAC resolved not to support the application because the setbacks for the pool, porch, proposed addition are not in compliance where Chapter 275, and recommends a ten-foot buffer planted with native vegetation. We were just handed an updated project proposal on the dais this evening by Mr. Patanjo. Is there anyone here wishing to speak regarding the application? MR. PATANJO: Jeff Patanjo, on behalf of the applicant. These revised plans that are presented to you today reflect the comments that were addressed at last month's public hearing for Board of Trustees 57 November 15, 2023 this project. Changes made to the plans are removal of the pool, the pool fencing, all the pool equipment. There is no longer a pool in the application. Also it is removing the existing wood boat ramp that is there today. So we are going to bulkhead straight across that with the return on the north side. And, um, there will be no other changes other than the pier line to the houses. ' I did a proposed house on the vacant lot that is to the south, as requested by the Board, and I showed two different pier lines here. One pier line goes from the existing house and it should be noted that there is no seaward projection by way of this project from the existing house. The pier line from the existing house, which is this house number 225, and then going to the house, proposed house just one to the south, and then to the existing house to the south of that lot. So the pier line is in parallel to the bulkhead line with no seaward projection of the proposed house. And then a secondary one was done to the house from the proposed house which is just placed on there within the building setback line, and in line with the other houses as you see. And it shows the connecting, the house to the north, which is by way of its construction back several years ago, , it's set back further from the bulkhead line than the majority of the houses on this entire block. So I represented the two different pier lines. TRUSTEE SEPENOSKI: Thank you. These plans that you just provided the Board, I noticed that there is a word "demolish" existing house and construct proposed two-story house over existing foundation. And the months prior we had a similar application come before our Board in which a house proposing to reuse the foundation for economic reasons failed to address the pier line law and the environmental concerns that we had. So thinking back on that application, the process we went through with the homeowner on that situation, brings me to a similar frame of reference with the application you have here tonight, Mr. Patanjo. I see room in the property to shift the house landward to conform with the pier line law that the Board passed. The Town Board, that is. And also see room for the addition of a non-turf buffer, ten-foot wide, could be vegetated as well, to address some of the LWRP concerns. MR. PATANJO: The proposed plan does include a ten-foot wide non-turf buffer. TRUSTEE SEPENOSKI: Vegetated. MR. PATANJO: Oh, yes, we can modify that for vegetated. TRUSTEE SEPENOSKI: Correct. MR. PATANJO: And we also did, if you see on the float, I did add as requested at the last hearing, any trees that are removed there will be a one-for-one replacement, and no tree removals or trimming during the long-eared bat season, which were comments Board of Trustees 58 November 15, 2023 that were addressed at the last hearing. TRUSTEE SEPENOSKI: With the DEC, yes. So remains to be seen how you address the pier line law. MR. PATANJO: Well, we have two choices. And unfortunately they are in North Carolina, something like that, so I don't have them here, Virginia, actually, to help me out with this. So if in fact we went with this same application, I know you can't say it because this is not open, so this is complicated. This is the choice to table or to just get a rejection and then figure it out from there. TRUSTEE SEPENOSKI: Based on the pier line law and what you proposed, and keeping in mind you have gone through great lengths to remove the pool and address the other concerns that the Board has brought to you, however, the pier line is a significant factor here, and based on what I'm looking at right now, I can't motion to approve an application with that outstanding concern. MR. PATANJO: Is the remainder of the Board of the same shakes and likes? TRUSTEE SEPENOSKI: I can't speak for them. TRUSTEE GILLOOLY: Yes. MR. PATANJO: I'll table on behalf of the applicant. TRUSTEE SEPENOSKI: Anybody else want to speak on behalf of the application? Members of the public or members of the Board? TRUSTEE PEEPLES: In regard to the pier line that Trustee Sepenoski is talking about, the -- oh, that is a cover porch. So the covered porch would be part of that pier line consideration. MR. PATANJO: Right. TRUSTEE PEEPLES: If it were a deck, an open deck, that would not be a part of the pier line consideration. So just when you are going back to review that. And then I'm also noticing, I mean, I'm not sure how much it gains you, maybe one foot, but it actually looks like if you look where you plotted the possible residence within the building envelope for code, that it' s actually not on the pier line. So maybe that' s gaining you a foot there, but I'm just noticing that and appreciating the straight pier line on the updated drawing. MR. PATANJO: Sure, yes. And if we can go just a little further, with regard to this proposed house that I plotted here to the south, you know, within building setback lines, I believe the rear lot is 50 feet, I could potentially move that house back to the building setback line. I will need a variance from the New York state DEC, however if I move that building back to the buildable lot area, I can potentially have -- never mind. I can't do that. I take that back. Delete that from the record. Thank you. TRUSTEE KRUPSKI: Thank you. TRUSTEE SEPENOSKI: So do you wish to table the application this evening? MR. PATANJO: Yes. Board of Trustees 59 November 15, 2023 TRUSTEE SEPENOSKI: I make a motion to table the application at the applicant's request. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE GILLOOLY: Number 11, David Bergen on behalf of 100 PARK AVENUE CORP. , c/o PAUL PAWLOWSKI requests a Wetland Permit to remove and replace in-place the functional wood groin beginning at Mean Low Water and extending landward to proposed terminal end; new groin to be ±60' in length; elevation to be no more than 18" above grade on down drift (west side) ; groin to include 6' vinyl C-Loc sheathing with 10" diameter piles, 10' in length with 10" batter piles on down drift (west) side of groin, 6"x6" stringers and aluminum grate cap; terminal seaward end to include four (4) 10" diameter pilings. Located: 100 Park Avenue, Mattituck. SCTM# 1000-123-7-3 The Trustees most recently visited the site on November 8th, 2023, noting bulkhead replacement looks to replace or reduce length and height no higher than 18 inches. Apply to DEC The LWRP reviewed this application and found it to be consistent. And the Conservation Advisory Council reviewed this application and resolved to support the application. Is there anyone here wishing to .speak? MR. BERGEN: Dave Bergen on behalf of 100 Park Avenue Corp. I thought I heard you say lower the bulkhead to 18 inches. I think you meant the groin to 18 inches? Because this groin does attach to a bulkhead. I just want to make sure the record doesn't involve the bulkhead at all. TRUSTEE GILLOOLY: I'll blame Trustee Krupski' s sloppy handwriting on that one. TRUSTEE SEPENOSKI: Indeed. TRUSTEE KRUPSKI: Fair enough. MR. BERGEN: Yes, we are reducing this groin from presently 79 feet down to 50 feet. It' s also going to be what I would say a low-profile groin, 18 inches, no higher than 18 inches on the down-drift side. TRUSTEE GILLOOLY: Okay, at what stage are you with the DEC? MR. BERGEN: We applied. It made it through the technical review and it's now, my understanding is with habitat review. But it's cleared through technical review already. TRUSTEE GILLOOLY: Is there anyone else here wishing to speak regarding this application? (No response) . Any other comments from the Board? TRUSTEE KRUPSKI: Being that there's three groins in a row here, it's been a regular practice of this Board to wait until the DEC has a more extensive, you know, overarching program, until you receive approval from them, just to make sure they are not Board of Trustees 60 November 15, 2023 looking to remove one or something along those lines. So typically we table for receipt of DEC approved plans. MR. BERGEN: Well, DEC is a completely separate organization, permitting agency, from the Trustees. And these are, this groin is owned by a different property owner than the other two. They are independent. So I'm not sure why, what is preventing the Trustees from proceeding forward with their review and their approval. To wait for the DEC and then come back to the Trustees again is, you know, extra work for the applicant. Obviously if the Trustees approve what is submitted and the DEC for whatever reason decides to either disapprove, then it can't be built. Or they come back with a condition that it has to be modified in some way, we would have to come back for an amendment to the permit with the Trustees. TRUSTEE SEPENOSKI: Mr. Bergen, having been a Southold Town Trustee in the not-too-distant past, are you able to speak to the functionality of that groin and also its proximity to the adjacent property to the west? Do you find that the groin is an effective device for mitigating littoral drift, collecting sand in that area? , MR. BERGEN: If you look at the pictures that were submitted, I believe there is one picture of 100 Park that shows the, and this was back in September, after a storm, the sand right to the top of the groin, and then of course it spilled over and went into the next area -- that' s the purpose of groins -- versus when you went out there just the other day and there was actually some room between the top of the groin on the up-drift side. So in other words, the -,groin is functioning .very well. Its purpose is to maintain the beach. And so the 100 Park, just by the picture plus I think that picture was back in the beginning of September, and just this past week or so, shows, demonstrates, how effective this groin is. TRUSTEE KRUPSKI: I'm just. going to slide back into the record here. You mentioned it would be more work for your client. But that's not the case because often times people apply to DEC, they get a different number and then have to come back to us regardless. That happens on an extremely regular basis. This has been the precedent that at least Trustee Goldsmith and I have been doing for eight years. I don't really see a reason to modify it. I will say, on the record, with the reduction of length and height, I do, I would support this application. I just, I like to take a viewing a site, and that is not something that is in the purview of this Board saying let's remove the middle groin. It' s not something we would do. That' s why I like to take that, however I 'm not holding the file, so it's not up to me to make that determination. But that would certainly be what I would like to see done. TRUSTEE GILLOOLY: Are there any other comments from the public? l (No response) . Board of Trustees 61 November 15, 2023 Any other comments from the Board? (Negative response) . Hearing none, I make a motion to close this hearing. TRUSTEE SEPENOSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE GILLOOLY: I make a motion to approve this application pending approval from the DEC, and stipulating that the groin be no higher than 18 inches above grade on all sides. MR. BERGEN: I know the hearing is closed, but that' s different from what was previously -- TRUSTEE GILLOOLY: That's my motion. MR. BERGEN: I would make a request to reopen the hearing for further comment on that. TRUSTEE GILLOOLY: I make a motion to reopen the hearing. TRUSTEE SEPENOSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . MR. BERGEN: It' s my understanding is groins are, a low-profile groin, if it' s functioning you are going to have a drop in elevation on one side over the other side. So to request an 18-inch minimum on both sides doesn't make much sense. It doesn't meet the definition, I think, and don't quote me on this, I think in Chapter 275 there is a definition of low profile groin, it's 18 inches on the down-drift side. So that's what we are trying to do. We are trying to meet the definition. TRUSTEE GILLOOLY: I believe I said no higher than 18 inches. MR. BERGEN: I thought I heard you say on both sides. TRUSTEE GILLOOLY: No higher. TRUSTEE KRUPSKI: I don't know why this has become such a confusing subject for the past two months. I don't know if people are not listening to the record or what exactly it is. But it's no higher than 18 inches on either side. So one side will be zero, and one will have 18 inches showing. TRUSTEE GILLOOLY: It can be lower, but just not higher. MR. BERGEN: Okay. I think we are talking the same language from two different directions. Because I'm trying to talk to the language I thought is in 275 in the code and trying to mimic that. TRUSTEE GILLOOLY: I make a motion to close the hearing. TRUSTEE SEPENOSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE GILLOOLY:) I make a motion to approve this application pending approval from DEC and noting that the groin shall be no higher than 18 inches above grade on all sides. That is my motion. t TRUSTEE SEPENOSKI: Second. MS. HULSE: Just to clarify, are you suggesting that we hold off on considering this an approval until we get the DEC permit or Board of Trustees 62 November 15, 2023 can we approve it tonight and hold the permit until we get the DEC approval? TRUSTEE GILLOOLY: Approve it tonight and hold it until the DEC approval. MS. HULSE: Very good. Thank you. TRUSTEE SEPENOSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE PEEPLES: Number 12, David Bergen on behalf of ARCHIVIST CAPITAL RE 70 PARK, LLC requests a Wetland Permit to remove and replace in-place the functional wood groin beginning at Mean Low Water and extending landward to proposed terminal end; new groin to be ±66' in length; elevation of new groin to be no more than 18" above grade on down drift (west) side; groin to include 6' vinyl C-Loc sheathing with 10" diameter piles, 10' in length, with 10" batter piles on down drift (west) side of groins, 6"x6" stringers and aluminum grate cap; terminal seaward end to include four (4) 10" diameter pilings. Located: 70 Park Avenue, Mattituck. SCTM# 1000-123-7-2 The Trustees most recent revisited the site on November 8, 2023, and noted no higher than 18 inches. Apply to DEC. The LWRP found this application to be consistent. And the Conservation Advisory Council resolved to support this application. We;have plans stamped and dated October 5th, 2023. Is there anyone here who wishes to speak in regard to this application? MR. BERGEN: Dave Bergen, on behalf of Archivist Capital Re 70 Park LLC. As with the previous application, this is another one that is being reduced in height so it meets the definition of a low profile groin. We are reducing the length of this from 97 feet to 66 feet so that it ends at the low tide mark. And I'm here though answer any questions you might have. TRUSTEE PEEPLES: Okay, thank you, for reviewing it to reduce the length of the groin. Is there anyone else here who wishes to speak, or any other questions or comments from the Board? (Negative response) . Hearing none, I make a motion to close this hearing. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE PEEPLES: I make a motion to approve this application with the condition that the release of the permit is contingent on DEC approval, and the stipulation that the groin is no higher than 18 inches. That is my motion. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? Board of Trustees 63 November 15, 2023 (ALL AYES) . TRUSTEE GOLDSMITH: Number 13, David Bergen on behalf of ARCHIVIST CAPITAL RE 50 PARK, LLC requests a Wetland Permit to remove and replace in-place the functional wood groin beginning at Mean Low Water and extending landward to proposed terminal end; new groin to be ±60' in length; elevation of new groin to be no more than 18" above grade on down drift (west) side; groin to include 6' vinyl C-Loc sheathing with 10" diameter piles, 10' in length, with 10" diameter batter piles on down drift (west) side of groin; 6"x6" stringers and aluminum grate cap; the terminal seaward end to include four (4) 10" diameter pilings. Located: 50 Park Avenue, Mattituck. SCTM# 1000-123-7-1 The Trustees conducted field inspection November 8th, 2023, noting the groin to be no higher than 18 inches above grade. Also to apply to the DEC. The LWRP found this application to be consistent. The Conservation Advisory Council resolved to support this application. TRUSTEE GOLDSMITH: Would anyone like to speak on behalf of this application? MR. BERGEN: Yes. Dave Bergen, on behalf of Archivist Capital Re 50 Park, LLC. Again, like the other two, this is one where it' s going to be a low profile groin, and we are reducing the length from 103 feet to 60 feet. So we are greatly reducing this. And I would just ask for consideration in the motion that it' s 18 inches above grade. The last motion was groin, 18 inches high. TRUSTEE GOLDSMITH: Is there anyone else here wishing to speak regarding this application? (No response) . Any other questions or comments from the Board? (Negative response) . Hearing none, I make a motion to close this hearing. TRUSTEE SEPENOSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE GOLDSMITH: I make a motion to approve in application with the condition that the groin be no higher than 18 inches above grade, and that the release of the permit is conditioned upon DEC approval. TRUSTEE SEPENOSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . MR. BERGEN: Thank you. Have a good night. TRUSTEE KRUPSKI: Number 14, AS PER REVISED PROJECT DESCRIPTION RECEIVED ON 11/3/23 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 Board of Trustees 64 November 15, 2023 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 an 810sq.ft. On-grade southerly terrace with a 14 .2' outdoor kitchen and pizza oven on west side of terrace, away from bluff; install a 37. 6' long ; (inclusive of trash enclosure) privacy fence/screen and trash enclosure along south side of lower terrace and 10' from Carpenter Road; if existing vegetation is removed adjacent to Carpenter Road, vegetation will be re-planted to maintain privacy; new drywells, as needed, on the south side of the property and install drywells away from the top of bluff to contain storm-water runoff; the existing curb along Carpenter Road to remain; reconstruct 4' wide steps from the terrace to 42' 8"x15' seaward side deck (to be reconstructed in-place) , with a 15'x2416" pergola over portion of deck; replace existing 576sq.ft. Deck; 4 'x41' set of steps from grade to deck (each segment measures 1315", 13' 91-�", & 13' 9;�") off northerly side of deck; construct a 1315"x9' 11" northerly deck off master bedroom with steps to a 1919"x3012" on-grade patio; remove existing landscape ties and handicap walkway on seaward side of property; existing ±255 linear feet of wood walls to remain with 95 linear feet along top of bluff and continuing along both the south (±75 L.F. ) and north (±85LF) sides of the property; replace in-place existing 31x±34 ' wood walkway to top of bluff; and establish and perpetually maintain a 10' wide vegetated Non-Turf Buffer area along the top of the bluff. Located: 4565 Nassau Point Road, Cutchogue. SCTM# 1000-111-9-8 The LWRP found this to be inconsistent. The survey states any existing vegetation removed will be replaced with natural vegetation. Vegetation removed should be approved by the Board and any species should be native and drought tolerant. What is the size of the deck at the bottom of the bluff. Is it permitted. The Conservation Advisory Council resolved to not support the application. The Conservation Advisory Council does not support the application because the proposed patio is located 27 feet from the top of the bluff, and out of compliance with Chapter 275 setbacks. The Trustees most recently visited the site on the 8th of November, looking for a clarification on trees along the west side if any were to be removed, and review the wall height and location. I'm also in receipt of an e-mail from Ms. Moore clarifying that they are not touching any of the trees and might even add more after construction. Also questioning about the wall, which I think we should address at the hearing. Is there anyone here that wishes to speak regarding this application? MS. MOORE: Patricia Moore, on behalf of the applicant. Yes, I l Board of Trustees 65 November 15, 2023 didn't know, are you saying the privacy screen is a wall? I didn't know what wall, I'm sorry. TRUSTEE KRUPSKI: No, I think the only wall in the application is the pizza oven wall, correct? MS. IMOORE: It's not a wall. It's a -- let me look at the elevations. What it looks like. TRUSTEE KRUPSKI: Well, it's a structure. I don't really know if it's what you call it. That's what we are referencing. TRUSTEE PEEPLES: It was confusing when we were reviewing it, and I think the big concern is seeing the height of over ten feet for that portion, whether it' s a wall or a mid-wall, or whatever that is, but it has a height of ten feet and I think what we just wanted to make sure was that that was not a long wall that was kind of adjacent to that public access. I know there' s a six-foot screen, 618" screen, I think. MS. MOORE: Yes. So this is my understanding of what is there. The screen is really just a fence. They called it a screen because it' s only a portion between, it' s really, it' s blocking the patio. So it' s six-and-a-half feet, which is the height of the fence. And it's, but it doesn't really enclose anything. So they didn't call it a fence, they call it a screen. And that is, I had it staked so you can see that it is significantly into the property. So it' s out of, there is a lot of vegetation. There is the existing driveway that is closer to Carpenter Street, and this screen is much further in. So I think your concern was where it was when we were in the field in relation to Carpenter Road and the trees that were there and the vegetation and it' s not interfering with any of the trees or vegetation. TRUSTEE PEEPLES: It's actually perpendicular; is that correct? MS. MOORE: It' s parallel -- are we talking about the screen? The screen is, let's makes sure I have the right -- TRUSTEE PEEPLES: The screen is parallel to the access. MS. MOORE: Yes, the screen is parallel to Carpenter Road. TRUSTEE PEEPLES: Yes. And then the brick is perpendicular to -- MS. MOORE: This is the outdoor kitchen. TRUSTEE PEEPLES: And that's the brick wall we are referring to, correct? MS. MOORE: It's a staircase, and it's adjacent to the staircase. So it' s kind of the back side of a staircase. TRUSTEE PEEPLES: So if you are walking down Carpenter Road -- MS. MOORE: You won't see it. TRUSTEE PEEPLES: You won't see it. Okay, that' s what we wanted to clarify. MS. MOORE: Yes, it's perpendicular to Carpenter. TRUSTEE PEEPLES: To the screen, yes. MS. MOORE: And perpendicular to the screen, yes. TRUSTEE PEEPLES: Thank you. MS. MOORE: The only thing I did notice, because I 'm sorry I missed you. I was there and I thought you had not gotten there, i Board of Trustees 66 November 15, 2023 so I waited a while, but you must have gotten there, because I saw the gate was closed, so I had not realized you had been so polite and closed the fence. TRUSTEE KRUPSKI: We did wave to you actually on Skunk Lane. MS. MOORE: Oh, you did? TRUSTEE GOLDSMITH: You were going past, you probably didn't see US. TRUSTEE KRUPSKI: I did honestly assume you saw us. MS. MOORE: I didn't. But, Dave Chic was at the other one. So I said, are they over there. Sorry. The only, I want to just clarify, because something that was a little confusing to me when I was out there, I know that the surveyor had the wrong location of the drywell. It had an original location which was closer to the top of the bluff. The actual location of the drywell is further back and it's, again, very, next to the screen. So that is where everything was pushed away from the top of the bluff. So. TRUSTEE KRUPSKI: Okay. Thank you. MS. MOORE: Any other questions? My clients, obviously from the look of the property, they have been there for quite a while, they like vegetation. They like natural. So given everything that how they've lived so far, they have no problem with maintaining vegetation, so. TRUSTEE PEEPLES: And in order to do this, speaking of vegetation, are there any trees that would need to be removed for this project? MS. MOORE: Well, I think where the garage is going, in the front. And the sanitary, if you recall, you issued a permit for sanitary system in the front, an IA system. So in that area, most of the trees are in the front, and that area will be disturbed with the excavation, yes. But it' s front yard. ,TRUSTEE PEEPLES: Okay. TRUSTEE KRUPSKI: Is there anyone else who wishes to speak regarding this application, or any additional comments from the Board? (Negative response) . Hearing none, I'll make a motion to close the hearing. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE KRUPSKI: I make a motion to approve this application based off the plans stamped received by the office November 6th, 2023, with the stipulations the existing deck alongside the bulkhead is existing and on grade, as per Trustee field inspections; any vegetation removed be replaced one-for-one with native vegetation; and that- ail of the seaward side of the home is to remain a non-turf buffer. That is my motion. Thereby bringing it into consistency with the LWRP coordinator. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? Board of Trustees 67 November 15, 2023 f (ALL AYES) . TRUSTEE SEPENOSKI: Number 15, Patricia Moore, Esq. On behalf of LUCY WOHLTMAN requests a Wetland Permit to construct a 151x50' in-ground lap pool; a 121x25' patio on the south/east side of pool and a 10' patio surrounding the pool; install pool enclosure fencing with gates; install a pool drywell and pool equipment area; and to install and perpetually maintain a 10' wide vegetated non-turf buffer area using native species located along a portion of the south property line between the pool area and the edge of tidal wetlands using approximately 125 plantings. Located: 4955 Moores Lane, Cutchogue. SCTM# 1000-1116-2-3 The Trustees did a site inspection on the 8th of November, noting the project is straightforward. We have a consistent report from the LWRP, reviewing its policies. And Conservation Advisory Council resolved not to support the project because of its proximity, 20 feet from the wetlands, which is outside of Chapter 275. We are in receipt of a plan for the project stamped into our office on November 15th, seven days after our field inspection. And this plan it depicts a ten-foot wide non-turf buffer planted with native plant species, from the pool area all the way westward to the property line. Which is something beneficial to the environment. And the Cole Environmental Services flagged the wetlands at 50 feet from the corner of the pool. Is there anyone here who wishes to speak regarding this application? MS. MOORE: Patricia Moore, to answer any questions that you might have. Dave Chicanowicz was here, but he left me to go home, so. TRUSTEE SEPENOSKI: With the pool being at 50 feet from the wetlands with the non-turf vegetated buffer running the entire length of the pool, between the pool and wetlands all the way to the property line to the west, I look favorably upon this application. With speaking with Mr. Chicanowicz in the field, there was one point of discussion around the removal of the miscanthus grass that is also bordering that wetland area. If the other applications before the Board tonight are any indication as to which way I lean, I make it clear, I think the miscanthus removal is important. It's not a native species, and I think its ability to spread rhizomally and quite frankly unscrupulous landscaping companies that do not care to remove its seed heads, I think that would be a smart choice environmentally at this location. Any other comments from -- MS. MOORE: I'm assuming you mentioned that to Dave since he's doing the landscaping. Board of Trustees 68 November 15, 2023 TRUSTEE SEPENOSKI: Yes, I mentioned it. Several of the Trustees noticed it as well. I think in the field he was reluctant to remove it because of budgetary concerns. MS. MOORE: Okay. TRUSTEE SEPENOSKI: He's possibly using it as screening between the road as well. But I think with the native plantings proposed it would provide an additional screening for that purpose. Are there any other comments from the public or members of the Board? (No response) . All right, hearing no further comments, I make a motion to close the application. TRUSTEE PEEPLES: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE SEPENOSKI: I make a motion to approve the application as submitted, with new plans stamped on the 15th of November, and the removal of the miscanthus grass between the pool area and the wetlands area. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE GILLOOLY: Number 16, Patricia Moore, Esq. On behalf of THOMAS BARNARD requests a Wetland Permit for the as-built 31x16' steps to a 13.8 'x16. 6' wood deck at top of bulkhead with 3'x6' steps to the beach; existing 29. 9'x23. 6' seaward side deck attached to dwelling with 8 .2'x5.5' steps to ground set into the deck; existing 2, 500sq.ft. Dwelling with attached 24 .3'x36.3' garage and as-built east side entry with 3'x3' wood platform and steps to ground; existing 5'x12' outdoor shower on top of 45' long by 4'-5' (variable width) decking along east side of dwelling; existing 19' x 6' and 45'x 6' covered walk/breezeway from dwelling to garage. Located: 4240 Paradise Point Road, Southold. SCTM# 1000-81-3-7 The Trustees most recently visited this site, on November 8th, noting gutters to leaders to drywells, and request no fertilizer on lawn. The LWRP reviewed this application and found it to be inconsistent with LWRP Policy 6.3. The Conservation Advisory Council reviewed this application and resolved to not support the application because the as-built and all pre-existing structures, including the decks and sunroom are out of compliance with Chapter 275. Is there anyone here wishing to speak regarding this application. MS. MOORE: Patricia Moore. Mr. Barnard is here, Tommy, the owner, is here. So if there are any questions that I can't answer, I may ask him.- This im:This is a project where my client purchased the property Board of Trustees 69 November 15, 2023 from the family so all the structures that are here were previously constructed by his father, who is in his 90s now -- 93. If there were permits for things like the outdoor shower, in 1990, the breezeway, what we found were that there were just, the Building Department didn't have clean records, so they sent us to update the permits, but in order to do that we had to go to the Zoning Board, and here we are to finish up the process. So everything is existing. We do know that you want, I went back to the client, explained the leaders, gutters to drywell. We have the architect working on that now. So unfortunately he couldn't have the drawing in time for today, but we are showing it so that they will all be put in, connected into drywells. TRUSTEE GILLOOLY: Great. MS. MOORE: There will be no fertilizer. He doesn't use fertilizer. It was seeding. TRUSTEE GILLOOLY: Okay, is there anyone else here wishing to speak regarding this application? MR. BARNARD: Are there any questions for me? TRUSTEE GILLOOLY: Any questions from the Board? (Negative response) . Hearing none, I make a motion to close this hearing. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE GILLOOLY: I make a motion to approve this application with the stipulation of no fertilizer used on the lawn; gutters and leaders to drywells; with new plans to depict location of drywells, and with these benefits and by issuing a permit we will thereby be bringing this application into consistency with the LWRP. TRUSTEE KRUPSKI: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . TRUSTEE GOLDSMITH: I'll make a motion for adjournment. TRUSTEE GILLOOLY: Second. TRUSTEE GOLDSMITH: All in favor? (ALL AYES) . Re pectfully submitted by, 011 Glenn Goldsmith, President Board of Trustees