HomeMy WebLinkAboutTR-03/20/2024 Glenn Goldsmith,President �F SO(/�yO Town Hall Annex
A. Nicholas Krupski,Vice President O 1 54375 Route 25
O P.O. Box 1179
Eric Sepenoski Southold,New York 11971
Liz Gillooly c/a �r Telephone(631) 765-1892
Elizabeth Peeples • �OQ Fax(631) 765-6641
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BOARD OF TOWN TRUSTEES RECEIVED
TOWN OF SOUTHOLD
APR 2 3 2024
Minutes
Wednesday, March 20, 2024 Southold Town Clerk
5:30 PM
Present Were: Glenn Goldsmith, President
A. Nicholas Krupski, Trustee
Eric Sepenoski, Trustee
Liz Gillooly, Trustee
Elizabeth Peeples, Trustee
Elizabeth Cantrell, Administrative Assistant
Lori Hulse, Board Counsel
CALL MEETING TO ORDER
PLEDGE OF ALLEGIANCE
TRUSTEE GOLDSMITH: Good evening, and welcome to our Wednesday
March 20th, 2024, meeting. At this time I would like to call
the meeting to order and ask that you please stand for the
Pledge of Allegiance.
(Pledge of Allegiance is recited) .
I'll start off the meeting by announcing the people on the
dais. To my left we have Trustee Krupski, Trustee Sepenoski,
Trustee Gillooly and Trustee Peeples. To my right we have
Attorney to the Trustees Lori Hulse and Administrative Assistant
Elizabeth Cantrell. With us tonight, as well, is Court
Stenographer Wayne Galante, and from Conservation Advisory
Council we have Inga VanEysden.
Now that I have announced the people that are here, I have
the unenviable task of announcing someone that is not' here. We
regret to inform everybody that Michael Kimack passed away
earlier this week. For those of you who don't know, Michael was
a regular at these meetings. He was an expediter and he was at
every meeting, probably for the last at least nine years that I
have been on the Board.
He' s a good guy, pleasure to work with. Basically anyone
that knew Mike knows that he' s quite a colorful character. He'll
be missed. Our meetings will not be the same without him,
Board of Trustees 2 March 20, 2024
primarily.
---- ----So-onbehalf of the entire-Board- I-would like--to- express -- -- - --our deepest condolences to Mike' s family and may he rest in
peace. Thank you.
TRUSTEE SEPENOSKI: Second.
TRUSTEE GOLDSMITH: Agendas for tonight' s meeting are out in the
hallway and are also posted on the Town' s website.
We do have a number of postponements tonight. The
postponements are, in the agenda, on page six under Amendments,
number 1, Michael Kimack on behalf of CAROLINE TOSCANO requests
an Amendment to Wetland Permit #10281 to establish a 4' wide by
10' long path through the Non-Turf Buffer area leading to (and
over the established Buffer areas) , a proposed raised 4 ' wide by
80' long catwalk with 4' wide staircase to ground at landward
end leading to a 41x46' catwalk to a 31x12 ' aluminum ramp to an
18 .71x6' floating dock with a 21x4 '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 under Wetland & Coastal Erosion Permits,
Number 2, 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'xl5.41 (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 121x34.5' (412.3. sq.ft. ) Third floor
wood deck; construct a 7 . 6'x15.4 ' (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
On page ten, numbers 12 through 14, as follows:
Number 12, Michael Bontje on behalf of ISLAND VIEW LANE HOME
OWNERS ASSOCIATION, LLC requests a Wetland Permit to replenish
the storm eroded eastern barrier beach area to a height of 18"
to 20" above the current depressed beach surface consisting of
installing temporary construction access matting (20)
3, 000sq.ft. ; over a 15, 500 to 16, 000 sq.ft. Area (up to 300
cu.yd. May be recovered from the westerly beach surface) install
approximately 600 cubic yards (12" to 14" in height) of sand and
gravel (to 1") to be placed above cobble-sized (4") native
Board of Trustees 3 March 20, 2024
stones contained in 45 (36"x144"x12" deep each) , Gabion mats
over an area of 180' north to south and 9' wide (west to east) ,
set 6" into the existing depressed surface; plant American beach
grass (Ammophilla brevigulata) plugs on the peak and westerly
slope of the replenished sand and gravel; and to remove
construction mats and place 3" gravel on existing private lane.
Located: Conklin Point Beach off of Island View Lane, Greenport.
SCTM# 1000-57-2-37.2
Number 13, 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, 18 'x3l' 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.
Located: 2006 Gull Pond Lane, Greenport. SCTM# 1000-35-3-12.11
Number 14, 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 14'xl6' 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 20'x23. 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
And on page eleven, numbers 15 and 16 as' follows:
Board of Trustees 4 March 20, 2024
Number 15, 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 .5' .
Located: 820 East Road, Cutchogue. SCTM# 1000-110-7-22
And number 16, AS PER REVISED PLAN & PROJECT DESCRIPTION
RECEIVED ON 5/10/2023 Young & Young on behalf of STEPHEN &
JACQUELINE DUBON requests a Wetland Permit for the existing
1, 118sq.ft. One-story dwelling and for the demolition and
removal of certain existing structures (project meets Town Code
definition of demolition) , within and outside of the existing
dwelling to facilitate construction of the proposed additions
and alterations consisting of a proposed 45sq. ft. Addition to
northeast corner, and a 90sq.ft. Addition to southeast corner
for a 1, 195sq.ft. Total footprint after additions; construct a
1, 195sq. ft. Second story addition; a 70sq. ft. Second story
balcony; replace and expand existing easterly deck with a
320sq.ft. Deck with 69sq.ft. Of deck stairs to ground; replace
and expand existing porch with a 40sq. ft. Porch and 20sq. ft.
Porch stairs to ground; construct a 38' long by 2' wide by 12"
to 24" high landscape wall with a 3' wide by 8"-12" high stone
step; install one (1) new drywell for roof runoff; abandon two
(2) existing cesspools and install a new IA/OWTS system
consisting of one . (1) 500-gallon treatment unit and 46 linear
feet of graveless absorption trenches (i.e. , one (1) 241L x 41W
trench and one (1) 221L x 41W trench) ; and for the existing
84sq.ft. Shed.
Located: 5605 Stillwater Avenue, Cutchogue. SCTM# 1000-137-4-3.2.
Those are all postponed tonight so there will not be a
hearing on those.
Under Town Code Chapter 275-8 (c) , files 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 I'll make a motion to hold our
next field inspection on Tuesday, April 9th, 2024, at 8 :00 AM.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
. (ALL AYES) .
II. NEXT TRUSTEE MEETING:
TRUSTEE GOLDSMITH: I 'll make a motion to hold our next Trustee
Board of Trustees 5 March 20, 2024
meeting Wednesday, April 17th, 2024, at 5:30 PM, at the Town
Hall Main Meeting Hall.
TRUSTEE PEEPLES: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
III. WORK SESSIONS:
TRUSTEE GOLDSMITH: I'll make a motion to hold our next work
sessions, Monday, April 15th, 2024, at 5:00 PM at the Town Hall
Annex 2nd Floor Executive Board Room, and on Wednesday April
17th, 2024 at 5:00 PM in the Town Hall Main 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
our February 14, 2024 meeting.
TRUSTEE PEEPLES: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
V. MONTHLY REPORT:
TRUSTEE GOLDSMITH: Under Roman numeral V,. Monthly Report, the
Trustees monthly report for February 2024. A check for
$13, 929. 92 was forwarded to the Supervisor's Office for the
General Fund.
VI. PUBLIC NOTICES:
TRUSTEE GOLDSMITH: Under Roman numeral VI, Public Notices,
Public Notices are posted on the Town Clerk' s Bulletin Board for
review.
VII. STATE ENVIRONMENTAL QUALITY REVIEWS:
TRUSTEE GOLDSMITH: Under Roman numeral 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 XI Public Hearings Section of
the Trustee agenda dated Wednesday, March 20, 2024 are
classified as Type II Actions pursuant to SEQRA Rules and
Regulations, and are not subject to further review under' SEQRA:
Listed as follows:
Mazi Holdings, LLC SCTM# 1000-99-3-13
Joseph & Kristina Ottomanelli SCTM# 1000-86-5-11.3
Board of Trustees 6 March 20, 2024
220 Floral Blvd. Corp. SCTM# 1000-35-4-15
William & Mariam Hallock SCTM# 1000-70-9-56
Neal & Lisa Elkin SCTM# 1000-137-4-8
Mark Schwartz & Lauren Praus SCTM# 1000-104-9-5
Douglas P. Robalino Living Trust & Diane E. Robalino Living
Trust - SCTM# 1000-31-9-21. 1
Steve Plitas SCTM# 1000-70-6-8
DHC Land, LLC, c/o Will Peckham SCTM# 1000-115-10-1
TRUSTEE GOLDSMITH: That is my motion.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
VIII. RESOLUTIONS - ADMINISTRATIVE PERMITS:
TRUSTEE GOLDSMITH: Under Roman numeral VIII, Resolutions -
Administrative Permits, in order to simplify our meetings, the
Trustees regularly group together applications that are minor or
similar in nature. As such, I 'll make a motion to approve as a
group Items 1 and 3, as follows:
Number 1, AMP Architecture on behalf of STRITZLER FAMILY
TRUST requests an Administrative Permit to modify the northern
wall to install larger exterior slider doors on the existing
previously permitted dwelling.
Located: 955 Soundview Avenue, Mattituck. SCTM# 1000-94-1-8
Number 3, Gary Fisher on behalf of JAMES & MARY ABBOTT
requests an Administrative Permit to construct a 13110"x25' deck
with a 101x13110" trellis.
Located: 8630 Great Peconic Bay Boulevard, Laurel SCTM# 1000-126-5-3.1
TRUSTEE SEPENOSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE GOLDSMITH: Number 2, PAUL & LORETTA DOMBROWSKI request
an Administrative Permit to demolish existing '16. 9'x32.3'
garage; backfill area to match adjacent (neighbor) grade; place
a 10'xl4' shed in the area of demolished garage.
Located: 50 Rabbit Lane, East Marion. SCTM# 1000-31-18-2
Trustee Sepenoski conducted a field inspection March 17th,
2024, noting the project is straightforward.
The LWRP found this project to be inconsistent. The
inconsistency is the placement of structures in FEMA flood zones
is not recommended due potential for loss.
I 'll make a motion to approve this application as
submitted, noting that the reduction of structure within the
FEMA flood zone brings it into consistency with the LWRP.
TRUSTEE PEEPLES: Second. .
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
I
Board of Trustees 7 March 20, 2024
TRUSTEE GOLDSMITH: Number 4, Cole Environmental Services on
behalf of BRETT & KIM DOHNAL requests an Administrative Permit
to remove existing rear slate patio; construct a ±15. 11x55'
irregular shaped rear deck using wood or composite, and ±50
cubic feet to be excavated for deck footings; corner step on
north side of deck to lead to a ±16'x6' pebble walk at grade
with surrounding 4' high fence and ±6'x5.3' outdoor shower;
pebble, walk to continue under shower; and to establish and
perpetually maintain a non-turf buffer area along the face of
the bank and planted with native, non-fertilizer dependent
vegetation as needed.
Located: 1225 Long Creek Drive, Southold. SCTM# 1000-55-3-29
Trustee Gillooly did an inspection March 12th, 2024, noting
the four-foot pathway must be identified, the proposed deck
exceeds what is appropriate for the area. The deck should not
exceed slate patio in distance to the bank.
Just a note, that the four-foot path was removed from the
plans.
The LWRP found this to be inconsistent. The inconsistencies
are the deck is located 20 feet to tidal wetlands where 100 foot
setback is required.
So as such, I'll make a motion, seeing how this project is
moving closer to the wetlands and closer to the bank, it will
result in an adverse environmental impact, for moving the
structure closer to the wetlands and it will increase damage
from erosion.
Therefore, I'll make a motion to deny this application as
submitted.
TRUSTEE GILLOOLY: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE GOLDSMITH: Number 5, STEFANIE BASSETT & ELIZABETH
PEEPLES request an Administrative Permit for the replacement or
repair of a ±32 ' seaward portion of the existing 4 ' high fence.
Located: 12710 Soundview Avenue, Southold. SCTM# 1000-54-7-1.3
TRUSTEE PEEPLES: I would like to recuse myself due to the
personal nature of this application.
TRUSTEE GOLDSMITH: The Trustees conducted a review March 18th,
2024, noting the project is straightforward.
The LWRP found it to be consistent.
As such, I'll make a motion to approve this application as
submitted.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE GOLDSMITH: Number 6, Mott' s Tree Service on behalf of
SAMUEL SINGER requests an Administrative Permit to top eleven
(11) trees (taped green) , and take down ten (10) trees and grind
Board of Trustees 8 March 20, 2024
stumps (taped pick) inside the 75' area/lawn area; outside the
75' area, cut down five (5) large and two (2) small trees
(sprayed pink) , and prune 15-18 smaller trees.
Located: 44030 Route 25, Peconic. SCTM# 1000-75-6-6. 1
Trustee Peeples conducted an inspection March 18th, 2024,
noting the proposed plan ,is aggressive for tree removals. Trees
to be removed outside of fence were not visibly sprayed.
The LWRP found this project to be inconsistent. The
inconsistency is removal of trees adjacent to the wetlands that
are serving as a vegetated buffer is inconsistent with Policy
Six. Richmond Creek is an important water body that has
experienced red algae blooms in the past. All vegetation capable
of removing nutrients should be retained.
Seeing how this project will result in a loss of existing
vegetation cover that will negatively impact the water quality
and wildlife habitat, as well as adverse environmental impact to
wetlands, I will make a motion to deny this application as
submitted.
TRUSTEE PEEPLES: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
IX. APPLICATIONS FOR EXTENSIONS/TRANSFERS/ADMINISTRATIVE
AMENDMENTS:
i
TRUSTEE GOLDSMITH: Again, in order to simplify our meeting, I 'll
make a motion to approve as a group numbers 1 through 15.
They are listed as follows:
Number 1, En-Consultants on behalf of VANSTON BEAR, LLC
requests a One (1) Year Extension to Administrative Permit
#10111A, as issued on April 13, 2022 . Located: 5250 Vanston
Road, Cutchogue. SCTM# 1000-111-10-14
Number 2, EILEEN B. OAKLEY requests a One (1) Year
Extension to Administrative Permit #10106A, as issued on April
13, 2022 .
Located: 3400 Little Neck Road, Cutchogue. SCTM# 1000-103-9-13. 1
Number 3, KATHLEEN KNAPP requests a One (1) Year Extension
to Wetland Permit, as issued on March 16, 2022.
Located: 2260 Great Peconic Bay Boulevard, Laurel. SCTM# 1000-145-4-4
Number 4, PAUL & SUSAN WACHTER requests the Final One (1)
Year Extension to Wetland Permit #9871, as issued on April 14,
2021.
Located: 2295 Bay Shore Road, Greenport. SCTM# 1000-53-4-15
Number 5, Suffolk Environmental Consulting, Inc. on behalf
of 106 MULBERRY CORP. requests the Final One (1) Year Extension
to Wetland Permit 49873, as issued on April 14, 2021.
Located: 750 West Lake Drive, Southold. SCTM# 1000-90-2-1
Number 6, CARMELA LAZIO requests the Final One (1) Year
Extension to Wetland Permit #9889, as issued on May 19, 2021,
and Amended on September 14, 2022; and for an Administrative
Board of Trustees 9 March 20, 2024
Amendment to Wetland Permit #9889 to use vinyl sheathing for the
approved upper retaining wall in lieu of the approved 6"x6"
railroad ties.
Located: 250 Blue Marlin Drive, Southold. SCTM# 1000-56-7-21
Number 7, Patricia Moore, Esq. On behalf of KONSTANTINOS
ZOITAS requests the Final One (1) Year Extension to Wetland
Permit #9900, as issued on May 19, 2021; and for an
Administrative Amendment to Wetland Permit #9900 for the
as-built bluff stairs in lieu of originally proposed that were
constructed as from top of bank and through the 10' wide
non-turf buffer a 41x12 top landing to 4 'xl5.1' stairs to a
41x4 ' upper landing to 41x2 . 4 ' stairs to another 4'x4 ' upper
landing to 41x15' stairs to a 41x4 ' middle landing to 4'x15 '
stairs to a 41x4 ' lower landing to 4 'xl4 stairs in a westerly
direction to the bottom of the bluff.
Located: 980 The Strand, East Marion. SCTM# 1000-30-2-78 .
Number 8, CHAMPLIN HOLDINGS, LLC requests a Transfer of
Wetland Permit #10217 from Neil Currie to Champlin Holdings,
LLC, as issued on September 14, 2022.
Located: 1175 Champlin Place, Greenport. SCTM# 1000-34-4-15
Number 9, Michael Kimack on behalf of PHILIP & FRANCINE
MEDAGLIA requests a Transfer of Administrative Permit #10514A,
as issued on January 17, 2024 . Located: 360 Wiggins Lane,
Greenport. SCTM# 1000-35-4-28.33
Number 10, Patricia Moore, Esq. On behalf of DAWN DRIVE LLC
requests a Transfer of Wetland Permit #10525 from Albert J. &
Helen E. Breneisen to Dawn Drive, LLC, as issued on January 17,
2024; and for an Administrative Amendment to Wetland Permit
#10525 to replace the existing brick patio around the pool
(45'x50' ) with stone pavers on sand; and the bricks on the 4'
walkway and steps to bulkhead to be replaced with matching
pavers but at the bottom of the steps remove the bricks and
place permeable gravel in the patio area located landward of
bulkhead.
Located: 715 Dawn Drive, Greenport. SCTM# 1000-35-5-16
Number 11, Michael Kimack on behalf of SILVER SANDS
HOLDINGS I, LLC requests an Administrative Amendment to
Administrative Permit #10516A to modify the following: For the
existing 72110" of 6' high wood stockade fence along westerly
side of proposed pool in lieu of 90' ; 40' of which is within
Trustee jurisdiction in lieu of 28 ' ; install 5' high mesh
deer/pool fence with l' additional top wire in all locations
with 4"x4" wood posts at 5' o.c. (195' 6" L.F. ) , in lieu of
proposed 4 ' high 1"xl" welded wire metal pool fence with 4 ' 4"
wood posts at 8 ' o.c. (243.5 L.F. ) ; install one (1) 6' high by
416" outswing wood pool code single gate in southeast corner;
install two (2) 4"x4" wood posts for the bump-out on the
easterly side with a 2' 6"x4 ' wood panel on each side of two (2)
4'x2 ' 6" wood panel outswing gates (1111" total) ; total 5' high
mesh deer/pool fence, wood posts, wood panels and wood panel
Board of Trustees 10 March 20, 2024
gates is 21019" in lieu of originally proposed pool gates, wood
posts and panels.
Located: 1135 Shore Drive, Greenport. SCTM# 1000-47-2-15
Number 12, JOSEPH & NOREEN TUSA requests an Administrative
Amendment to Wetland Permit #10434 to extend the attached garage
an additional 16" landward. Located: 800 North Drive,
Mattituck. SCTM# 1000-106-6-38 .2
Number 13, David Bergen on behalf of JOAN M. KEATING QPRT,
c/o STANLEY J. KEATING requests an Administrative Amendment to
Wetland Permit #10214 for the as-built bluff stairs to bottom of
bluff consisting of a 31x10' top platform to 3'xl3. 6' stairs
down to a 41x5' platform angled to a 41x7 ' platform to 3'xll'
stairs to a 3'x7. 6' platform to a 31x2' platform to one step.
Located: 9275 Nassau Point Road, Cutchogue. SCTM# 1000-118-4-14.2
Number 14, Christopher F. Dwyer on behalf of SPEONK LAND
DEVELOPMENT, LLC requests and Administrative Amendment to
Administrative Permit #10473A to install a 1, 430sq. ft. Asphalt
driveway with a 10' diameter drainage pool for runoff in lieu of
the originally proposed 1, 680sq. ft. Asphalt driveway.
Located: 510 Gull Pond Lane, Greenport. SCTM# 1000-35-3-7
Number 15, David Bergen on behalf of URSULA VAVAS requests
an Administrative Amendment to Wetland Permit #10521 to raise
the proposed bulkhead and southern return an additional 18" from
existing; extend beach stairs an additional two (2) steps to
accommodate the increased bulkhead height; and to place 50 cubic
yards of clean fill along the landward side of the raised
bulkhead.
Located: 3085 Bay Shore Road, Greenport. SCTM: 1000-53-626.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
X. RESOLUTIONS - OTHER
TRUSTEE GOLDSMITH: Under Roman numeral X, Resolutions - Other.
RESOLVED, that the Southold Town Board of Trustees hereby
accepts the estimate from Glenn Just of JMO Environmental
Consulting dated May 4, 2023 with a follow-up letter dated May
16, 2023 to perform an Environmental Assessment Review for the
property located at 1505 Birds Eye Road, Orient, SCTM# 1000-17-1-4,
and submit a formal report of the findings, with all fees incurred
to be paid by the property owner.
That is my motion.
TRUSTEE PEEPLES: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
XI. PUBLIC HEARINGS:
TRUSTEE GOLDSMITH: Under Roman numeral XI, Public Hearings. At
Board of Trustees 11 March 20, 2024
this time I'll make a motion to go off our regular meetings
agenda and enter into public hearings.
TRUSTEE SEPENOSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
This is a public hearing in the matter of the following
applications for permits under the Wetlands Ordinance of the
Town of Southold. I have an affidavit of publication from the
Suffolk Times. Pertinent correspondence may be read prior to
asking for comments from the public. Please keep your comments
organized and brief, five minutes or less, if possible.
WETLAND & COASTAL EROSION PERMITS:
TRUSTEE KRUPSKI: Number 1, Michael Kimack on behalf of MAZI
HOLDINGS, LLC requests a Wetland Permit and a Coastal Erosion
Permit to construct bluff stairs consisting of a 2'x4 'x8"
stepping stone at top of bluff to a 4 'x6' top landing to 4 'x29'
stairs to a 41x10 ' lower landing with 31x10' aluminum
retractable stairs to beach; remove and -relocate existing large
stones in area of retractable stairs for beach access; remove
approximately 13 cubic yards of vegetation and soil to create a
10'xl2 ' flat surface area to the east of the bluff stairs and
fill area with approximately 5 cubic yards of course sand 1' in
depth; construct a 30" high by 16' long wood retaining wall
along the landward edge of flat surface area; restore disturbed
areas under and to the sides of the new bluff stairs (6' wide by
37 ' in length, 222sq. ft. ) ,, and remaining ±51xl2' disturbed area
landward of new wood retaining wall with one layer of jute 0/E,
and planted with American beach grass 18" on-center.
Located: 1900 Bailie Beach Road, Mattituck. SCTM# 1000-99-3-13.
The Trustees most recently visited the property on the 12th
of March, noted that there is access due to the public road
ending immediately next door.
The LWRP found this to be inconsistent. The parcel is
adjacent to public beach successful road end and therefore the
beach is accessible.
A wetlands permit 10021 was issued in 2021 that established
a' 30-foot wide buffer with a certain portion to remain
undisturbed. The stairs may not be permissible. Confirm that the
proposed stairs not placed to the portion of the buffer that is
to the remain undisturbed.
The Conservation Advisory Council resolved to not support
the application. The Conservation Advisory Council does not
support any disturbance to the heavy-vegetated low-lying area,
unnecessary disturbance within CEHA, and cutting along the
hillside.
Is there anyone here that wishes to speak regarding this
application?
MR. MALAKIDIS: Yes. I 'm Dimitri Malakidis. I 'm the managing
r
Board of Trustees 12 March 20, 2024
partner of Mazi Holdings LLC, and I just heard of Mike' s passing
away the other day and I'm here just to, I guess ask questions
as to, I understand why you are rejecting it, although the
neighbor had told me that there was a stair there before, and
during Sandy it was destroyed. So I don't know if that has any
bearing on your decision.
I know there is a, we are right next to the road, and in
some cases it may be easier to go down the road as opposed to
down the steps for people like me. But, you know, without the
kids, are challenged by the slope the way it is there, and I
thought maybe a stair would be something that would facilitate
their going to the beach faster and play on the beach, you know,
more so than having to go around. So.
TRUSTEE KRUPSKI: I certainly, you know, I understand the ask.
You know, the Board routinely tries to limit, you know, public
and incursion into nice, well-vegetated areas, you know, buffer
zones, protected areas. This is a very steep spot where there
had been a lot of erosion. There was a bulkhead put in at the
base there, which is preventing some of that. But we regularly
try to keep, you know, healthy vegetated areas vegetated.
Now, if you were quite a ways away from an access point to
the sound, you know, I personally would look at it differently,
but while we were at the house, which came out very nicely, by
the way --
MR. MALAKID;IS: Thank you.
TRUSTEE KRUPSKI: (Continuing) we went to view the seaside
portion, and, you know, we walked down the driveway and around,
and it took approximately two minutes. It' s kind of a nice walk,
and, you know, having grown up utilizing that beach, it seems
like an acceptable access point to the Board.
And especially to be supported with the Conservation
Advisory Council and LWRP coordinator' s comments, being
inconsistent, it' s a bit of a heavy lift to permit stairs in
that area.
MR. MALAKIDIS: Okay, I guess, I don't know enough about the next
step, but, you know, I'll look into it, and I understand where
you are coming from, and there is nothing else I can say. Thank
you.
TRUSTEE KRUPSKI: Thank you. Is there anyone else here wishing to
speak regarding this application or any additional comments from
the Members of the Board?
(No response) .
Hearing none, I make a motion to close the hearing.
TRUSTEE SEPENOSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE KRUPSKI: I'm going to make two motions because there is
a Coastal Erosion permit which looks into different items and
there is a Wetland permit.
So I make a motion to approve the hearing on the Coastal
Board of Trustees 13 March 20, 2024
Erosion permit.
TRUSTEE PEEPLES: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE KRUPSKI: I make a motion to deny the wetland permit.
TRUSTEE SEPENOSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
WETLAND PERMITS:
TRUSTEE SEPENOSKI: Number 1 under Wetland Permits, AS PER
REVISED PROJECT PLANS SUBMITTED 2/20/24 Michael Kimack on behalf
of DUNNE LIVING TRUST requests a Wetland Permit to temporarily
remove existing 3'x10 adjustable ramp and 6'x70' floating dock,
102 linear feet of existing wood bulkhead; remove existing
8. 6'x8 'x6' hot tub; existing 18'x22' (396sq. ft. ) Bluestone patio
to remain; install 102 linear feet of new vinyl bulkhead in same
location and raised 25" to match height of southerly adjoining
bulkhead; perform reclamation dredging to be done as required;
reinstall existing adjustable ramp and floating dock; install
approximately 59 linear feet of stone retaining wall at ±2'
above top of new bulkhead with two (2) 5 ' seaward returns and
41x4 ' stone steps down; backfill area between new raised
bulkhead and base of new retaining wall with ±75 cubic yards of
clean fill; backfill area landward of retaining wall with ±20
cubic yards of clean fill and reseed; and to establish and
perpetually maintain a 15' wide (645sq.ft. ) Vegetated non-turf
buffer area using American beach grass from the northern return
to northern side yard lot line, and a 15' wide (885sq.ft. )
Gravel non-turf buffer within the area seaward of the retaining
wall, both along the landward edge of new bulkhead.
Located: 1425 Gull Pond Lane, Greenport. SCTM# 1000-35-4-11.
The Trustees visited the site on 3/12/2024, noting that we
would conduct an in-house review of the plans at our work
session.
The LWRP, in a prior review of a previous survey, and plans
set and written description found the project to be both
consistent and inconsistent. The consistency has to do with
portions of the application due to the bulkhead, and the
inconsistency has to do with the setback of the pool and drywell `
that are no longer on the plans.
The Conservation Advisory Council, likewise, is resolved to
both support and not support this application. It did not
support the application to install a pool and hot tub, but that
is no longer part of this project.
Is there anyone here wishing to speak regarding the
application?
(No response) .
Members the of the Board?
Board of Trustees 14 March 20, 2024
(Negative response) .
Hearing no further wish to speak, I make a motion to close the
hearing.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE SEPENOSKI: I'll make a motion to approve the application
as submitted.
TRUSTEE PEEPLES: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE GILLOOLY: Number 2, Michael Kimack on behalf of JOSEPH &
KRISTINA OTTOMANELLI requests a Wetland Permit for the as-built
10'x15 ' on-grade irregular shaped bluestone dry-set patio
located near edge of wetlands; construct an 18 'x44 ' in-ground
pool with a 1, 845sq.ft. Stone pool patio that has an outdoor
kitchen area; install a drywell for pool backwash; install ±483
linear feet of 4 ' high pool enclosure fencing with gates;
install a pool equipment area; install a 101x12' pool house with
a 4'x6' outdoor shower; install a buried 1, 000 gallon propane
tank; install a generator; install a 41x80' stone path to dock;
remove seven (7) trees; establish and perpetually maintain a 10'
wide, 400sq.ft. Vegetated non-turf buffer area along the
landward edge of wetlands located north of the fixed dock, and
the area southerly of the fixed dock to .be established and
perpetually maintained as a 1, 500sq.ft. Treed non-turf buffer
area along the landward edge of wetlands.
Located: 2223 Indian Neck Lane, Peconic. SCTM# 1000-86-5-11.3.
The Trustees most recently visited the site on March 12th,
2024, noting non-turf vegetated buffer 25 feet from top of
bluff, approximately 60 feet on south side of property and 25
feet on north side of property. And continue straight cross.
Pool fence at this delineation line is where it should be.
Submit a planting plan with' generous number of trees to
replace 30-plus• trees removed, and include native vegetation.
Move pool drywell landward to align with pool, or landward
gutters to leaders to drywells. And buffer for pool equipment.
The LWRP reviewed this application and found it to be
inconsistent. The reason for the inconsistencies is that the
as-builts were constructed without a Board of Trustees review or
permit, and that the removal of seven additional trees does not
comply with the LWRP policies. Trees provide beneficial
functions and values and buffers, nutrient filtration, wildlife
habitat, food source, et cetera.
The Conservation Advisory Council'--'reviewed this application
and resolved not to support the application. They stated that it
lacks an updated survey, and the proposed hardscaping is
excessive and should be reduced. The proposed pool ,is too close
to the side yard, and the bluestone patio should be removed.
Board of Trustees 15 March 20, 2024
Is there anyone here wishing to speak regarding this
application?
MR. OTTOMANELLI: Yes. I 'm Joe Ottomanelli, the owner of the
property. So after the initial Board of Trustees visit, we were
given some, by the late Mike Kimack, some of the issues that
came up.
There is nothing as-built on the property. Everything that
you see on the plan is to be built, and everything that we've
submitted, there were moving the propane tank, changing the
drywells and all that, has been addressed in the newest plan,
the latest plan, if you haven't had it. And I was not aware that
there was anything else that we had to address.
The side yard setback is within, I believe the 15-foot
setback that we had. And the trees that had been removed were
like that when we bought the house, I believe, five or seven
months ago. So we are more than willing to address the
plantings, but we .had nothing to do with the plants that were
taken down before we got there.
We might have trimmed a couple of trees up, but, you know,
just around the front door and stuff to get in. But that' s all.
TRUSTEE GILLOOLY: So, just for reference, any trees within a
hundred feet from the top of the bank on your property, require
a letter from the Trustees for trimming or for cutting, just so
you know, in the future, to come to our office for any trimming
that may happen.
And the as-built that is being referred to, I think, in
LWRP, is the stone patio.
MR. OTTOMANELLI: Right, and we submitted a permit for that --
(After a brief interruption, this dialogue continues as
follows) .
TRUSTEE GILLOOLY: The LWRP was referencing the as-built stone
patio.
SEPENOSKI: And you said that you submitted a permit for that
patio.
MR. OTTOMANELLI: We. submitted a permit for that. Yes, that was
there when we got there. We didn't realize that had to be on the
plans. It' s on the new plan. And the permit has been submitted
with the Building Department, we filed and paid the fee and we
thought we did everything and we thought that we were told to do
that, too.
TRUSTEE GILLOOLY: Okay, so that is just in reference to what the
LWRP was referencing. It is called out on this plan as an
as-built stone patio. Just so you are aware.
I think that there were still a couple of revisions that
the Trustees would want to see. In particular I think three of
these new three to four-inch caliper native hardwoods are
located basically in wetland area and we would want to see those
come up closer, above the bank. So we would want those
relocated.
The non-turf buffer area, the way that it's marked on this
Board of Trustees 16 March 20, 2024
plan, it's not quite clear, because it's using the same hatching
for lawn and non-turf buffer, so I think the hatching has to be
changed to make that very clear to anybody looking at this plan.
And the Trustees would like to see updated planting plans
- - for the entire vegetated non-turf buffer area. So not just this -- - -- -one semi-circle of trees. We would the want to see what is going
to be planted in the entire non-turf buffer area.
MR. OTTOMANELLI: Okay, you have the latest plan. This is the
one submitted Monday?
TRUSTEE GILLOOLY: March 18th, yes.
MR. OTTOMANELLI: Okay.
TRUSTEE GILLOOLY: Let's see what else. There is a couple of
other callouts. It says top of blank and bottom of bluff, so we
want to make that consistent and call it a bank throughout the
plan.
Are there any other comments from the Board at this time?
TRUSTEE KRUPSKI: I just want to comment. And whether or not the
home was under your ownership or not, I'm not going to get into
a back and forth about it, but there is also a tremendous amount
of dumping that has been taking place in the wetlands. There's
leaf matter and a large amount of brush, and that is just
completely unacceptable. And as a new waterfront homeowner, it' s
now your responsibility to be a good steward of the land.
MR. OTTOMANELLI: Yes.
TRUSTEE KRUPSKI: Thank you.
MR. OTTOMANELLI: Okay, So exactly what you need from us is a
revised planting schedule.
TRUSTEE GILLOOLY: I 'll review it all at the end of this.
Is there anyone else here wishing to speak regarding this
application?
MR. TURKEL: Mark Turkel, 2221 Indian Neck Lane. I 'm the
neighbor, and I've never met them until just now. And literally
we just are meeting right now.
I am just on the other side of a hedge to the north of the
property. We have spoken, and the new pool that is proposed is
15 feet away from our property line, which has, you know,
planting that we've added on our side and very little on their
side. So it' s, um, there is a very immediate sense of
adjacency. Our sitting area for being outside our house is
immediately adjacent to their proposed new pool and deck, and
we've discussed the possibility of moving the pool further south
away from our property. I understand there are setback issues
and such.
So I'm really just here to advocate for as much restoring
of planting and trees and screening and acoustic barriers, which
in fact we've discussed and Joe very graciously said he was
going to help with. And to kind of put us all on the same page
around being stewards of this incredible piece of property. I 'm,
you know, the waterfront that wraps around, and together we make
up an enormous kind of stretch. And doing something that is
Board of Trustees 17 March 20, 2024
going to be, you know, make us a long-term -- is that us -- yes.
So that' s it. And any way of not losing trees and adding to the
densification.
TRUSTEE GILLOOLY: Thank you. Thank you, very much. Just to note
on the plan there are quite a few additional trees that are
called out in that area in particular.
MR. TURKEL: To the right, yeah.
MR. OTTOMANELLI : Mark and I did speak. I was wondering, we did
want to ask if, given what the Board had asked for in terms of
additional plantings, I was wondering if we could go with a --
like the birch or red'cedar hardwoods that we are asked for, I
think the three or four-inch diameter, are somewhat prohibitive
in cost. So I was wondering if we could maybe talk about maybe a
different tree. We would add more trees if you want.
I was there today, I never had appreciated Mark's view
before, but I definitely understand now why he wants that
privacy. And- to be fair and not redundant, his privacy is my
privacy. So I'm more than happy to put in as many trees as
,possible, but we were hoping to maybe settle on a different cost
or something a little bit more affordable than just the red
cedar hardwoods, because I think the three to four-inch diameter
ones were substantial in terms of expense. And the project as
it is, is fairly --
TRUSTEE GILLOOLY: Would you like to table this application and
come up with some alternative native trees of a similar caliper
that you would propose in these areas, along with some of the
other changes I discussed, which I can lay out some of them now
to review, if you would like.
MR. OTTOMANELLI: Yes. Sure.
TRUSTEE GILLOOLY: Okay. So the vegetated non-turf buffer should
be increased -- sorry -- should line up with the 20-foot
non-turf buffer line on the plan, but the hatching needs to be
changed to be different from the lawn area.
MR. OTTOMANELLI: Okay.
TRUSTEE GILLOOLY: Change the term "bluff" to "bank" on the plan.
Detailed planting plan for the new buffer area, all current
trees to remain in addition to the new trees added. Move those
three hardwoods away from the wetlands up onto the bank. And
remove the setback callouts that are not relevant to this
project. And get a scaled line from the top of the bank to the
buffer edge.
MR. OTTOMANELLI: Say that part again?
TRUSTEE GILLOOLY: A scaled line from the top of the bank to the
buffer edge.
MR. OTTOMANELLI: Okay.
TRUSTEE GILLOOLY: And a line from the buffer's edge to the pool
so that it' s a point we can measure in the field.
Okay, so those are the types of changes we would like to
see, and if you are comfortable, we'll table the application for
submission of new plans.
Board of Trustees 18 March 20, 2024
MR. OTTOMANELLI: Okay.
TRUSTEE GILLOOLY: Is there anyone else here wishing to speak
regarding this application?
(No response) .
Hearing no one, I make a motion to table this application.
TRUSTEE GOLDSMITH: Second. All in favor?
(ALL AYES) .
TRUSTEE PEEPLES: Number 3, Michael Kimack on behalf of 220
FLORAL BLVD. CORP. , requests a Wetland Permit to remove existing
fixed wood dock, ramp and floating dock; in same location
construct landward 3'x4 ' steps leading up to a 41x6' elevated
landing to a 4 foot wide by 76 foot long fixed "L" shaped dock
using Thru-Flow decking throughout with 11 sets (22 total) of a
minimum 8" diameter pressure treated pilings; off end of 76'
long fixed dock install a 31x10' aluminum ramp to a 6'x20'
floating dock using marine grade decking, set in an "I"
configuration and secured by two (2) 10" diameter anchor
pilings.
Located: 1825 Gull Pond Lane, Greenport. SCTM# 1000-35-4-15
The Trustees most recently visited the site on (perusing)
excuse me, I'm trying to read the handwriting -- March 12th of
2024 . This is completed by Trustee Sepenoski. He noted:
Question the size of the quote unquote "L configuration" of the
dock.
The LWRP coordinator found this to be consistent with the
policies.
And the Conservation Advisory Council resolved to support
this application.
Is there anyone here who wishes to speak in regard to this
application?
(No response) .
I do want to make a note since no one is here to speak to
this application. This is a, we do appreciate that the dock was,
the configuration was changed for this new dock and that it was
dialed back so that it does comply with the pier line.
We did feel in reviewing it in the field and then also
further at work session, that this dock would benefit from being
pulled back landward about ten feet. So that would mean, if we
are looking at the plan dated March 4th, 2024, there is a
dimension of 56 feet noted, so the request of the Board would be
ideal to pull that back so that the total is 46 feet. So to pull
the "L" portion of the dock back ten feet.
Is there anyone else here who wishes to speak?
(No response) .
Any other questions or comments from the Board?
(No response) .
Hearing none, I make a motion to close this hearing.
TRUSTEE GILLOOLY: Second.
TRUSTEE GOLDSMITH: All in favor?
Board of Trustees 19 March 20, 2024
(ALL AYES) .
TRUSTEE PEEPLES: I make a motion to approve this application
with the condition that the "L" portion of the dock is pulled
back ten feet in length, reduced, excuse me, reduced ten-feet in
length, so that the -- and this is, excuse me -- this is the
perpendicular portion of the dock to be pulled back ten-feet in
length. Landward. And subject to new plans depicting this
change. That is my motion.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE GOLDSMITH: Number 4, AS PER REVISED PROJECT DESCRIPTION
AND PLANS RECEIVED 3/18/2024 En-Consultants on behalf of NEAL &
LISA ELKIN request a Wetland Permit to construct an "angled
L-shaped fixed timber dock (constructed with open-grate decking
and equipped with water and electricity) , consisting of a 4 ' x
66' fixed timber catwalk and angled 4' x 10' terminal platform
(with ladder) ; and establish a 10-foot wide vegetated non-turf
buffer in place of existing sand and filter cloth.
Located: 105 Fleetwood Road, Cutchogue. SCTM# 1000-137-4-8
The Trustees conducted a field inspection on March 12th,
noting recommend pulling dock out of corner in and changing the
angle to accommodate boat access for neighbors. Pull some of the
sand back, as well, that was on the property.
The LWRP found this to be inconsistent. The inconsistencies
are: Inconsistent with policy 6.3, protect and restore tidal
and freshwater wetlands; whether the dock will cause habitat
fragmentation and loss of significant coastal fish and wildlife
habitats. The proposed action is located within New York state
critical environmental area. It is recommended that in the event
the action is approved, a significant non-disturbance buffer
encompassing the wetland .vegetation be established to mitigate
the local impacts from the dock structure.
And the other inconsistency is the construction method has
not been identified. Chapter 275-11, construction and operation
standards requires that all intertidal construction and
excavation employ the installation of a silt boom that will
retain all suspended sediments within the immediate project
area.
The Conservation Advisory Council resolved to support this
project.
We are in receipt of new project plans submitted by
En-Consultants, dated March 18th, 2024, that show the seaward
end of the dock turned on an angle, as requested in the field
notes. And then we also have a new project description -- we
have, excuse me, new plans stamped received March 20th, 2024,
that show the angled dock, and we also have a new project
description dated March 20th, 2024 .
Js there anyone here wishing to speak regarding this
I
Board of Trustees 20 March 20, 2024
i
application?
MR. HERRMANN: Yes. Rob Herrmann of En-Consultants on behalf of
the applicants.
Glenn, just for clarity on the record, the plans that Liz
just handed you are the same ones that had been e-mailed earlier
in the week. It' s just a hardcopy set.
As you noted, we basically came in with an application here
at the head of Eugene Creek. Just quickly relative the LWRP
comments, the dock is located along a heavily-developed
shoreline that is surrounded by numerous other Trustees-approved
dock structures to the west, east and north, which are depicted
on the survey and project plans submitted with the applications.
Upon the Board's review, during field inspections we had
discussed that relative to the originally-submitted plan,- that
the dock would be placed more toward the center of the property,
head out into the creek parallel with the property lines, and
then angle the terminal platform in a way that it is aligned to
be more parallel both with the shoreline and with the floating
dock to the east. And again, as with the original design, the
dock is, it favors a little bit the east side of the property
given the property to the east is already developed with a dock,
and this way we avoid notwithstanding other requirements, at
least the applicant is not in some way interfering with the
westerly neighbor's opportunity to propose a dock.
We did also add to the plan the establishment of a ten-foot
wide vegetated non-turf buffer to replace that sand on filter
cloth that we talked about onsite, adjacent to the wetland area.
So that sand and filter cloth would be removed adjacent to the
wetlands and replaced with native plantings.
The dock is of course elevated at least four feet above the
grade of marsh and constructed with open-grate decking. And we
are going with a fixed dock as opposed to a float because of the
limited water depth.
So we do believe we are as compliant as we can possibly be
in this type of location with the Town' s regulations, your
permit standards for docks with the Board' s policies and with
the Board' s recommendations based on your site inspection.
So we hope you'll find the revised plan to be in compliance
with your requests and that you' ll be able to issue the permit.
Of course, if you have any questions, I'm standing here.
TRUSTEE GOLDSMITH: Just one. The use of a silt boom during
construction.
MR. HERRMANN: Yes, that can be notated.
TRUSTEE GOLDSMITH: Okay. Is there anyone else here wishing to
speak regarding this application?
(No response) .
Any questions or comments from the Board?
(No response) .
Hearing none, I make a motion to close this hearing.
TRUSTEE PEEPLES: Second.
L
Board of Trustees 21 March 20, 2024
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE GOLDSMITH: I make a motion to approve this application
as submitted, noting with the conditioned use of a silt boom
during construction, and also that the ten-foot wide vegetated -
non-turf buffer will both bring it into consistency with the
LWRP.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
MR. HERRMANN: I'm sorry, did you mean as submitted' or based on
revised plans?
TRUSTEE GOLDSMITH: The plans stamped received March 20th, 2024,
that were submitted March 18th, 2024 .
MR. HERRMANN: Thank you.
TRUSTEE GOLDSMITH: You're welcome.
TRUSTEE KRUPSKI: Number 5, WILLIAM & MARIAM HALLOCK request a
Wetland Permit to install a proposed 16'x32' in-ground swimming
pool with a 1' wide coping surround; a 660sq.ft. Pool patio
surround; 4 ' high pool enclosure fencing; a pool drywell for
backwash; and pool equipment area.
Located: 1230 Clearview Avenue, Southold. SCTM# 1000-70-9-56
The Trustees most recently visited the property on the 12th
of March and noted that the pool fence should be pulled back to
align with the neighbor's fence, away from the wetlands, roughly
the front edge of the shed. Also to the plans anything within
the Trustee jurisdiction line of 100 feet should be added to the
plans, and questioned the proposed soil stockpile areas.
The LWRP found this to be consistent but required perpetual
vegetated buffer landward of the wetland to capture surface
runoff.
And the Conservation Advisory Council does not support the
application due to the projected sea level rise and the high
water table in the area. And partially within the flood zone.
Is there anyone here wishing to speak regarding this
application?
(No response) .
Seeing as no one is here to speak to this currently.
So, for the record, just a summary: The fence needs to be
pulled further away from the wetland, roughly in line with the
front of the shed; there should be a non-disturbance buffer
seaward of said fence; the hundred-foot line from Trustee
jurisdiction, edge of Trustee jurisdiction, should be added, a
distance from the pool to the wetlands should be added to the
plans as well, clarification on the soil stockpile areas.
And seeing as these things need to happen to comply with
the permitting process, I make a motion to table -- thank you.
And additionally, any other structures that are within Trustee
jurisdiction needs to be applied for as part of this
Board of Trustees 22 March 20, 2024
application.
Seeing as there is no one here to clarify and speak to this
at this time, I make a motion to table for submission of these
items.
TRUSTEE GOLDSMITH: Second. All in favor?
(ALL AYES) .
TRUSTEE SEPENOSKI: Number 6, AS PER REVISED PLANS AND PROJECT
DESCRIPTION RECEIVED 2/27/2024 Amos Meringer Builder on behalf
of AMY ORR requests a Wetland Permit to construct a proposed 1 '-�
story 27 .5'x45. 8 ' (1,259.5sq. ft. ) Dwelling with seaward
10'x27.5' (275sq. ft. ) Attached deck, a 4'xl2' front entry with
3' wide path to driveway, and cellar entry steps (1, 534 .5 total
square footage) ; install A/C units and a generator; install a
4'x6' outdoor shower; a proposed Hydro-Action I/A sanitary
system landward of dwelling; in gutters to leaders to
drywells; a ±869sq. ft. Gravel driveway; relocate existing
12.1'xl4. 1' shed further landward; the existing cottage located
on the seaward side of the bank is to be converted to a "dry"
storage out building consisting of a 634.5sq.ft. One-story out
building with entry steps to ground; a 696sq.ft. Deck with steps
to ground; ±30sq. ft. Outdoor shower; 71sq.ft. Top landing and
stairs to deck; and a 21.5' long concrete block retaining wall
along landward side of cottage and deck.
Located: 625 Terry Lane, Southold. SCTM# 1000-65-1-23
The Trustees conducted an in-house review on 3/12/24 .
The LWRP found this project to be consistent with the its
policies.
The Conservation Advisory Council resolved not to support
the application due to the present and future conditions of sea
level rise in this area, and the proposed structures are located
25 feet from the top of bluff, which is out of compliance with
Chapter 275.
It there anyone here wishing to speak regarding this
application?
MR. MERINGER: Good evening, ladies and gentlemen. Amos Meringer,
basically here to answer any questions you might have.
TRUSTEE SEPENOSKI: All right. So we've got some. One thing is
the 30 square-foot outdoor shower needs to be stricken from the
written description or removed from the plans. From the seaward
cottage
MR. MERINGER: All right.
TRUSTEE SEPENOSKI: And then there are several things relating to
this buffer, so, number one, discussed a vegetated non-turf
buffer seaward of the house to the outbuilding, as it's called
on the written description of the plans.
Number two, a non-disturbance buffer seaward ,of the toe of
bank.
And number three, revegetate one of the access paths. I
think there are two currently on the property to get to the
Board of Trustees 23 March 20, 2024
water.
MR. MERINGER: All right.
TRUSTEE SEPENOSKI: So revegetating one of those to provide only
one four-foot wide access path.
And then due to the unique nature of this storage
outbuilding on the property, we would like to see the Building
Department make a review and approval of that structure prior to
our decision to release the permit.
Do you have any questions for the Board?
MR. MERINGER: Not right now. It' s all very clear.
TRUSTEE GILLOOLY: Just as a note, if the Building Department
requires Trustee review, we'll be able to issue a notice that
our review is pending their review, so that you don't get
trapped in that circle of not being able to move forward.
MR. MERINGER: That would have been my only concern because I
think I've had this conversation with them, which is what
preempted this movement, which is why I'm now going back to
them, so.
TRUSTEE GILLOOLY: We'll be able to provide something to them
that explains.
MR. MERINGER: Thank you.
TRUSTEE SEPENOSKI: Is there anyone else here wishing to speak
regarding this application?
(No response) .
Member of the Board?
(Negative response) .
Hearing no further comments, I make a motion to close the
hearing.
TRUSTEE PEEPLES: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE SEPENOSKI: I'll make a motion to approve this
application, striking from the written description and the plans
a 30 square-foot outdoor shower on the outbuilding, and the
following conditions: A vegetated, non-turf buffer extending
from the main house to the seaward side of the outbuilding.
Number two, a non-disturbance buffer seaward of the
outbuilding.
Number three, removal of one access path to remain to be
revegetated, and leaving one four-foot wide access path on the
property to the beach.
And number four, hold the permit subject to Building
Department approval for the applicant.
That is my motion. And new plans depicting all those.
TRUSTEE GILLOOLY: Second:
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE GILLOOLY: Number 7, MARK SCHWARTZ & LAUREN PRAUS
requests a Wetland Permit to install an 8 'x18' (144sq.ft. ) Shed
Board of Trustees 24 March 20, 2024
with a 6'xl8 ' (108sq. ft. ) Deck on the west side of shed and a
4'x6' (24sq.ft. ) Deck on south side of shed.
Located: 1360 Broadwaters Road, Cutchogue. SCTM# 1000-104-9-5
The Trustees most recently conducted an in-house review
after our pre-submission inspection on March 12th, 2024.
And the LWRP reviewed this application and found it to be
inconsistent. According to Policy Four they -- Policy Four,
minimize loss of life, structures and natural resources from
flooding and erosion.
The design of this structure, and size, according to the
LWRP, seems to be too -- a large and unique shed with a deck. To
meet Policy Four, please relocate the shed outside of the flood
hazard area. The placement of the structure in these locations
should be minimized.
And the Conservation Advisory Council resolved to support
this application, and recommends relocation ten feet landward in
light of sea level rise projections. C
Is there anyone here wishing to speak regarding this
application?
MR. SCHWARTZ: Hi. Mark Schwartz. We're just looking to get a
storage shed for paddle boards, kayaks, approximately 50 feet
from the wetlands.
Yes, it' s in a flood zone, we intend to raise it slightly
and tie it down so it's not going to float away. I mean, most
of the property, half the property is in the flood zone, so
there would be no point in trying to put a storage shed on the
landward side of the flood zone, so we are just looking to put
it in that location.
TRUSTEE GILLOOLY: Thank you. In light of the LWRP review and our
thorough review at the work session, we were just wondering if
there is any way you would consider removing the deck as part of
this application, as that would significantly reduce the overall
structure size within the ,flood zone.
MR. SCHWARTZ: If we need to remove it, we'll remove it.
TRUSTEE GILLOOLY: Is there anyone else here wishing to speak
regarding this application?
MR. SCHWARTZ: Is there an option to reduce it? That's my wife
Lauren Praus.
TRUSTEE GILLOOLY: I think that, at this stage, the thing we are
most comfortable with is removal of the deck.
MR. SCHWARTZ: We actually have a door there. We would like to
have at least a small platform to step out to and ,step down.
TRUSTEE GILLOOLY: In that case would you like to revise the
plans and we can table this application for revised plans?
TRUSTEE SEPENOSKI: What would be a reasonable size of a platform
outside of the doors?
MR. SCHWARTZ: We have double doors, so 41x7 ' .
TRUSTEE SEPENOSKI : 4'x7' , that's 28 square-feet.
TRUSTEE GILLOOLY: All right, is there anyone else here wishing
to speak regarding this application?
Board of Trustees 25 March 20, 2024
1
(No response) .
Any other questions or comments from the Board?
(No response) .
Hearing none, I make a motion to close this application.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All favor?
(ALL AYES) .
MR. SCHWARTZ: Thank you.
TRUSTEE GILLOOLY: I make motion to approve the application
subject to the condition there is no solid concrete foundation
to be poured for the shed, and removal of the 108 square-foot
deck and replace it with a 28 square-foot platform; no water or
electric added to the shed; and that the machinery access path
is only to be used temporarily, not to exceed two years.
By removing a significant amount of structure, we'll
thereby be bringing this project into consistency with the LWRP.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
MR. SCHWARTZ: Thank you.
TRUSTEE PEEPLES: Number 8, REVISED SITE PLAN SUBMITTED 2/22/2024
PABLO LEON requests a Wetland Permit for the existing dwelling
with a 40.2 'x24.5' basement level; existing 4012"x2415"
(1, 163.03sq.ft. ) First floor with a 9111"xl8 '5" den and ±4 'xl2'
wood entry platform and steps to remain; existing ±' 6x5 ' wood
entry platform and steps off north side of dwelling to remain; a
proposed 822. 94sq.ft. (36.2'x24.5 ' "L" shape) second story
addition with a 24.5'x8 ' (±195.20sq. ft. ) Open terrace with- 4 ' of
terrace to be cantilevered on the seaward side of the dwelling;
total gross area to be 2, 966.85sq. ft. ; install an I/A OWTS
system on the landward side of the dwelling; and to establish
and perpetually maintain a 15 ' wide vegetated non-turf buffer
area along the landward edge of the top crest of the bluff.
Located: 1400 Salt Marsh Lane, Peconic. SCTM# 1000-68-3-2
The Trustees most recently conducted an in-house review on
March 12th, 2024, and noted that we'll review new plans at work
session.
The LWRP has been waived due to no submittal.
And the Conservation Advisory Council resolved to support
this application.
MR. LEON: I'm sorry, the last part was approve the application?
I didn't --
TRUSTEE PEEPLES: I'm sorry, the LWRP has been waived because
there was no submittal, and the Conservation Advisory Council
resolved to support the application.
MR. LEON: Thank you.
TRUSTEE PEEPLES: Yes. And I was just pulling out,� because we are
in receipt of the new plans, I was just pulling those out to
have them in front of me.
Board of Trustees 26 March 20, 2024
Is there anyone here who wishes to speak in regards to this
application.
MR. LEON: Yes, I am. We removed the proposed deck at the rear of
the house, and we maintaining the steps at the rear of the house
that have been there for a long, long time. We not going to do
any work to disturb the land in the rear of the house, or the
front of the house, for that matter.
TRUSTEE PEEPLES: So in reviewing the plans, we do see that you
removed the deck, thank you for doing that, and there is a note
here about the existing wood steps.
You have also indicated the 15-foot vegetated non-turf
buffer that was requested.
MR. LEON: Yes. Yes.
TRUSTEE PEEPLES: You have called out for planting Japanese
spurge. Would you be willing to swap out for native vegetation
in that area?
MR. LEON: I am. I am. I had a meeting today with a gentleman
here in town, I can't remember the name, and he went to look at
it, and he' s going to suggest with the proposal what kind of
plants he is going to do, at the 15 feet area between the edge -
of the buffer and rear of the house.
TRUSTEE PEEPLES: Okay, sounds like he'll provide you with a
planting plan.
. MR. LEON: I will do that, sure.
TRUSTEE PEEPLES: Okay, so we'll include that as part of the
condition to receive the planting plan
MR. LEON: Yes, we are going to do that. We are probably going
to do that very soon, it' s the spring. I want to take care of
that.
TRUSTEE PEEPLES: Okay, great. The other thing we noticed when we
were there onsite, the first site visit, is there was a PVC pipe
drain located, it's indicated on the plan and it' s off of the
brick walk and stone steps, and that has been causing
considerable erosion ,on the adjacent neighbor' s property. So we
would like to request that that PVC pipe is connected to a
drywell.
MR. LEON: I will close that pipe. The purpose of that pipe was
to be able to run irrigation screen close. So that was the
purpose that they run that pine underneath the pavers.
TRUSTEE PEEPLES: The walkway, yes.
MR. LEON: I can always take it off, cap it off and remove it so
I don't have any water going into the neighbor' s property. That
would not be a problem.
TRUSTEE PEEPLES: Okay, so you would like to remove that pipe
then?
MR. LEON: I would close that off. I will cap it off.
TRUSTEE PEEPLES: Okay.
MR. LEON: It' s difficult to remove it -right now, but I can cap
it off. And I can, you know, do the inspection I can show that.
TRUSTEE PEEPLES: Okay. And that would be a permanent capping of
i
Board of Trustees 27 March 20, 2024
the pipe?
MR. LEON: Yes, definitely. Is no reason to have it open. It will
be permanent.
TRUSTEE PEEPLES: Okay, thank you.
MR. LEON: Thank you.
TRUSTEE PEEPLES: Is there anyone else here who wishes to speak,
or any other questions or comments from the Board?
(No response) .
Hearing none, I make a motion to close the 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 replacement of the Japanese spurge
is replaced with native vegetation and that there is receipt of
a planting plan indicating that, and that the PVC pipe for
drainage is permanently capped off. And subject to new plans
depicting the foregoing. That is my motion.
MR. LEON: Yes, I will. Thank you. Thank you, very much.
TRUSTEE GILLOOLY: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE GOLDSMITH: Number 9, James DeLuca, R.A. , LLC on behalf
of DOUGLAS P. ROBALINO LIVING TRUST & DIANE E. ROBALINO LIVING
TRUST requests a Wetland Permit for the as-built 1, 628sq. ft.
One-story dwelling with attached 186sq.ft. East side deck with
steps and 405sq.ft. West side deck with steps; as-built
181sq.ft. PVC pergola; as-built 345sq. ft. West side concrete
patio; 526sq. ft. Of as built concrete walkways; 827sq.ft. Of
as-built step-stone walks; as-built 598sq. ft. Masonry block
walk; as-built 1, 600sq.ft. Brick & asphalt driveway; existing
previously permitted 1, 380sq.ft. Two-story garage; and 10'
diameter by 8 ' deep cesspool with shallow dome.
Located: 1695 Bay Avenue, East Marion. SCTM# 1000-31-9-21. 1
The Trustees conducted a field inspection March 12th, 2024,
noting there is a need to mitigate storm water runoff and its
root cause. The patio, concrete slabs, turf and absence of
vegetation to hold soil. Will review further at work session.
The LWRP found this to be inconsistent. The inconsistencies
are: The installation and upgrade to an IA/OWTS. The
installation of a re-vegetation plan on the bank bluff. The
removal of tires. A non-disturbance buffer was established by
covenant in 2019 and it is shown on the survey. We need to
verify that portions of the non-disturbance buffer were not
cleared of vegetation. Aerial photos suggest that the area
seaward of the concrete wall was cleared. Require a vegetated
buffer designed to control erosion be installed from the seaward
rear of the house. Require that the applicant remove all foreign
debris seaward of the concrete retaining wall. Require that
Board of Trustees 28 March 20, 2024
drainage on all impervious surfaces be installed.
The Conservation Advisory Council resolved to not support
the application. The Conservation Advisory Council does not
support the application as submitted, and recommends an erosion
control plan and installation of an IA septic system.
The Conservation Advisory Council recommends the applicant
contact Cornell and obtain a list of appropriate plantings for
the area.
Is there anyone here wishing to speak regarding this
application?
MR. DELUCA: Yes. I 'm Jim DeLuca, I'm the architect.
I guess you know the history of this particular job. We
originally came in for a -- we received a variance, we had the
required permits, and during the construction phase, the
contractor was working on the house, decided to take most of the
house down and right down to the foundation. He rebuilt the
house. And at that time, the Building Department actually
worked with him, and they didn't put a stop work order on, they
just let him continue.
It' s in the same footprint. It's in the same design that I
did originally on the renovation of it. The decks were permitted
at that time. They were installed accordingly, same with the
garage was installed accordingly, with the submitted plans.
Since then, the owner put in other impervious surfaces,
which are noted on the plan. I know as a fact, I was on the job
originally, the property would be south of that retaining wall.
It was not disturbed by the owner when he bought the house.
That' s exactly where it was. And I can testify to that because I
originally did the as-built drawing measurement and all the rest
of that stuff.
I mean, I'm not saying to negate what you are suggesting,
I'm only telling you what existed.
Also the septic system had a pool and he replaced that
particular pool. It's almost in the same area.
As far as the garage goes, that was built exactly the way
it was permitted. The decks were constructed as exactly as they
were on the construction drawings. What was added afterwards, as
I said before, is the driveway, the pergola, and those are the
only, and some of the walks. But realistically, the biggest
change was the house was rebuilt, but in the same exact
location, to the same specifications that the drawings were
originally done, and the same with the garage.
But the Building Department let the owner continue, and I
was at a conversation not long ago with the Building inspector
and the owner, and he said he would accept the buildings the way
they are, and there, you can see it, and the septic tank the way
it's installed, or the drainage, the ring, actually, and give
him a CO if you people accepted it. He was willing to accept it.
I think the problem here with this whole job is the
Building Department let him continue and didn't give him a stop
Board of Trustees 29 March 20, 2024
work order when they saw the house was taken_ down, and they just
let him finish the house.
TRUSTEE GOLDSMITH: So, I can't speak on behalf of the Building
Department. You know, this is kind of a prime example of why if
a house is going to be a demo, we need to address!- some of the
issues and not just put it back the way it was.
As you, I don't know if you've been to the property, but
there is a severe erosion issue going into Marion Lake, which is
a very sensitive water body. There is old cracked-concrete
foundation with new pilings on top of it, acting as a waterfall.
There is a lot of impervious surfaces that was added to the rear
of the property --
MR. DELUCA: I 'm aware of that.
TRUSTEE GOLDSMITH: (Continuing) and the side of the property,
which again, all ended up in Marion Lake.
An IA septic system would have been a requirement had this
Board had a say when it was getting demoed. The setback would
have been changed if it was a demo and came the right way.
So there is a lot of mitigating steps that we would have
taken to protect the environment, protect the bank and protect
Marion Lake, that we did not get, because this was, you know,
built without a permit. So now we have the tough task of trying
to bless something that we would not have blessed had it gone
through the proper channels.
MR. DELUCA: I understand.
TRUSTEE GOLDSMITH: So, you know, we have discussed, at minimum,
removal of the concrete in the rear yard and the side yard;
doing some sort of drainage to control any of the runoff that is
going down the bank; add vegetation; removal of all the tires
and garbage and the junk that is on that, as well as require an
IA/OWTS as the LWRP stated and the Conservation Advisory Council
stated.
You know, we are in a very tough position with this. And,
you know. Is there anyone else here wishing to speak regarding
this application?
MR. ROBALINO: Douglas Robalino, I'm the homeowner. I have no
problem with rebuilding the whole back wall. I want to finish
the project. I wanted to add it to this application and the
Building Department said no, it is too complicated, we need to
get done with the house first. Then you can go forward. I have
all intentions. And if you want to add it to this one, I wanted
to do that to begin with. They didn't want me to.
TRUSTEE GOLDSMITH: No, I don't think the old concrete retaining
wall was what we are talking about. We are talking about
everything on the house. There's concrete patio, deck, whatever
you want to call it, that is on the rear of the yard, as well as
the side yard. I believe we have pictures in the file.
MR. ROBALINO: Behind the retaining wall with the tires. Is that
what you are referring to?
TRUSTEE GOLDSMITH: We're talking landward of the retaining wall.
Board of Trustees 30 March 20, 2024
So there is your retaining wall. Right there. So we have all
that concrete structure where we have footings placed on
concrete structure that is cracked and leaning down the bank,
and that concrete wraps all the way to the western side of the
house. So obviously it's impervious surface literally on the
bank/bluff, and you are getting a severe erosion issue that will
only get worse, and at some point those concrete slabs are
going, and your house is going to go with it, the way it' s
currently situated.
MR. ROBALINO: That was all part of the existing.
But again, I 'll incorporate all of that with the rebuilding
of the retaining wall. I have no problem with that. I want to do
that work. We'll take it from that point all the way forward.
TRUSTEE GOLDSMITH: So we are not talking about the retaining
,wall. That' s not on these plan.
MR. ROBALINO: Back to where you are talking about. I have no
problem incorporating that into what we do.
Obviously I have to rebuild that retaining wall and remove
those tires, and we'll incorporate all of that to it.
TRUSTEE GOLDSMITH: So what we were discussing is, you know,
since the retaining wall and everything is not part of this
particular application, as we've stated, we do need to come up
with some sort of solution for the runoff into Marion Lake.
Potentially a rebuilt retaining wall and/or terracing, and/or
vegetation will be part of that erosion control project,
whatever that may be, since it's not in front of us currently.
What is in front of us currently is this as-built house
which we need to address. So the impervious surface like this,
the impervious surface that was in the previous picture, that is
the kind of stuff that we immediately have to take care of. And
then as part of that, you can potential go to the Building
Department, re-apply and come back to us for a retaining wall, a
terracing, some sort of other project to address the erosion
issue.
MR. ROBALINO: Do we add that to this existing application or
come back here with a separate application?
TRUSTEE KRUPSKI: Yes.
MR. ROBALINO: So table it tonight, add it to this existing one?
I have no problem with that.
TRUSTEE GOLDSMITH: Is there anyone else here wishing to speak
regarding this application?
MR. DELUCA: I just wanted to, the first, that patio that is
going there, that concrete was added, but the concrete walk
around and the concrete that is under the decks was, right
there, right from the original. We didn't add, 'they didn't
enlarge it, he didn't take it out. And we designed it so not to
disturb it, we rested some of the deck supports on top of that
existing walks. So they were all there. The only one that I know
of that' s new concrete is that one that you are looking at right
now. All the rest of them were pre-existing. And they were on.
Board of Trustees 31 March 20, 2024
And if you pull out the survey, when I originally submitted the
application, you'll see them on there.
TRUSTEE KRUPSKI: We are not saying they were not on there, sir.
I mean certainly this one, the biggest one, was not on there.
But -- one second, sir.
So on the south side of the structure, that walkway was
there. But everything has changed now. It's a new house. If we
were going to do a new house, we would have pulled those out.
MR. DELUCA: Okay.
TRUSTEE KRUPSKI: And not to mention the erosion there has
gotten -- I was there originally. And the erosion has gotten
much worse. The situation is completely changed now. So where we
might have made concessions to say, okay, this is a minor
project, they are keeping this walkway. It's not ideal, but
let's try to work with a planting plan around it. Now it' s a
problem. Now we are out here in 2024 and it' s a problem.
So unfortunately we were both there originally and know
what was said and know how we made advisement there, so. Thank
you.
TRUSTEE GOLDSMITH: Is there anyone else here wishing to speak
regarding this application?
(No response) .
Or any further comments from the Board?
(Negative response) .
In light of the conversations that we have had, I think it
would be best to table this application to address the issues
that we spoke about; in particular, removal of the concrete on
the seaward side of the house, on the south side of the house;
come up with some drainage plan, whether it's a trench drain to
drywells, whatever the case may be; to address that erosion
control; potentially talk about adding that retaining wall or
rehabilitation of that retaining wall to also address that
erosion issue; the installation of an IA/OWTS system; and a
planting plan for that bank area.
MR. DELUCA: I agree with everything except the AI system. The
Building Department, because it went in as a renovation, I did
not add any other square footage. It's exactly the same. I
didn't add a bedroom, a kitchen another bathroom. It' s one
bathroom. They are willing to accept what I have now. And as
long as we agree on that, I could go forward with everything
else.
TRUSTEE GOLDSMITH: So that' s the Building Department. As I
said, we are a separate Board, and if we ever went through the
proper steps for this, that 100% would have been a condition on
what was built.
As you can see, the LWRP said it, the Conservation Advisory
Council said it, and this Board said it as well.
You are in a very environmentally sensitive area right
there by Marion Lake, and with the amount of work that was done
on this property, I think at minimum, you know, doing the
Board of Trustees 32 March 20, 2024
changes we talked about, as well as an IA/OWTS, I think you are
getting off pretty easy, personally. But that's just my opinion.
MR. ROBALINO: Okay, so we'll table it tonight and work on the
back.
TRUSTEE GOLDSMITH: Yes, sir.
MR. ROBALINO: Okay.
TRUSTEE GOLDSMITH: I'll make a motion to table this application.
MR. ROBALINO: Thank you.
TRUSTEE GILLOOLY: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE KRUPSKI: Number 10, Jeffrey Patanjo on behalf of STEVE
PLITAS .requests a Wetland Permit to remove and replace 54 linear
feet of deteriorated timber bulkhead with new vinyl bulkhead in
same location as existing and raised height of 12" above
existing top cap elevation; provide 10 cubic yards of clean sand
fill behind bulkhead; and to establish and perpetually maintain
a 10' wide non-turf buffer along the landward edge of all of the
new and existing bulkhead.
Located: 3105 Oaklawn Avenue, Southold. SCTM# 1000-70-6-8
The Trustees most recently visited the site on the 12th of
March, noted: Advise not to raise the bulkhead so it can
conform to the existing bulkhead that has already been rebuilt,
and therefore, it would not need the fill.
The LWRP coordinator found this to be consistent.
And the Conservation Advisory Council resolved to support
the application with the ten-foot buffer planted with native
vegetation.
Is there anyone here to speak regarding this application?
MR. PATANJO: Jeff Patanjo, on behalf of the applicant.
On the comment about raising the bulkhead height, I do have
on the plan to raise it a maximum of one-foot in height above
the existing. The intention of the project is to, raise it as
needed to match the height as the previously installed vinyl
bulkhead on the project that was done probably by me two years
ago.
TRUSTEE KRUPSKI : So it does already matched right now.
MR. PATANJO: Then the intent is to keep it at the existing
height, no raise in height, of the proposed bulkhead.
TRUSTEE KRUPSKI: Thank you. Is there anyone else here that
wishes to speak regarding this application?
(No response) .
Any members of the Board?
(Negative response) .
Hearing none, I 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
Board of Trustees 33 March 20, 2024
with the following conditions: Remove from the description of
the plans the raising of 12 inches of the new bulkhead as it
would not match the adjacent bulkhead on the property already.
Number two, new finished section to have a ten-foot
vegetated, native-vegetation buffer, and new plans depicting
these. That is my motion.
TRUSTEE SEPENOSKI : Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE GOLDSMITH: Number 11, Jeffrey Patanjo^ on behalf of DHC
LAND, LLC, c/o WILL PECKHAM requests a Wetland Permit to
construct a proposed 4'x161' overall length fixed pier with
Thru-Flow decking on entire surface and consisting of a 61x8'
upper platform leading to two access methods, one being a 41x26'
ramp and the other being a 41x11' steps, 4 'x4 ' platform and
4'x1l' steps, both leading to a 6'x8 ' platform and then to a
4'x117 ' fixed pier including three (3) steps down to a 61x20'
"T" section fixed pier; proposed fixed pier to include electric
and water services to end and a davit arm located on the fixed
"T" section to lift oyster totes and materials.
Location: 4180 New Suffolk Avenue, Mattituck. SCTM# 1000-115-10-1
The Trustees made an inspection of this property on
3/12/24. The notes from that inspection read: Dock length seems
excessive. Larger than neighboring docks. Limit stairs to
four-foot width overall, including ramp. And retain native
hardwoods for stairs.
The Conservation Advisory Council resolved not to support
this current application because the scope of work appears to be
a commercial operation in a residential area, and there are
inconsistencies with the application.
I understand there are several people who have stuck it out
with us this evening and wish to speak on the record, and I do
appreciate your patience and interest in speaking.
We have not received an LWRP report, and so the outcome of
this evening is legally a postponed or tabled application.
However, I would like to invite the public to speak, and then to
make a brief survey of the record, submitted letters from
neighbors and adjacent property owners, essentially speaking to
the same concerns raised by the Conservation Advisory Council,
that there are dimensions of this project that are commercial,
and this is a residential area. And almost to, unanimously, the
letters we received in our office suggest that the applicant
seek a determination by the Planning Department before pursuing
this application any further. Concerns about commercial
structures on the dock, width of the dock included.
Is there anyone here wishing to speak regarding this
application tonight?
MR. PATANJO: Jeff Patanjo, on behalf of the applicant.
The application before you is for the installation of, as
Board of Trustees 34 March 20, 2024
everybody has seen, a proposed dock, the extension of which does
not exceed the pier line standards of the Town of Southold. It
is actually about six or seven feet landward of the pier line of
the adjacent docks. It is a fixed dock proposed.
Water depth is about, almost three feet in water depth. We
do have the potential to move this back a bit, we can shorten it
up, to pull it back, which would meet one of the concerns of the
Board, which is the length of the dock. So we have no objection
to shortening up the proposed plan. Say, we could put it
potentially, we want to get at least 30 inches of water at low
tide, like we would have done for a floating dock. So we could
potentially pull it back another 30 feet or so.
As far as the proposed stairs and the ramp that is proposed
along the bank, if it' s approved, considered by the Board, we
have no problems just creating a four-foot wide by 26-foot ramp
and deleting the stairs, thereby bringing the width of the
overall structure only four-foot wide, including a ramp, a
platform going down to a ramp to another platform, and
ultimately the proposed fixed pier.
So as far as the proposed project itself, it would be in
conformance with Chapter 275 requirements, as far as four-foot
wide, meets adequate water depths, meets the pier line, meets
the side yard setbacks. It is going to be provided with all
through-flow decking for the areas that are over the wetlands.
We did propose on the end of the structure to have electric and
water. And we would be happy to hear additional comments and
comments from the public.
TRUSTEE SEPENOSKI : Without further ado, I invite public comment
on this particular application.
If you wish to speak, approach the microphone and state
your name.
MS. EVANS: My name is Doreen Evans and I'm to the left of where
the proposed dock.
And we are just concerned because it' s a commercial type of
operation, and we are just worried that, you know, we'll be
getting a lot of trucks and people coming, picking up these
oysters or however they are going to do it. Plus there is not
that much water between my dock and my neighbor' s dock.
So this is going to stick out quite a bit into the waterway
there. So we are just concerned that this is a commercial
operation and it' s a residential area.
It' s a quiet area, we come out here for peace and quiet,
And I'm afraid we are going to have trucks picking up oysters
and, you know, whatever. I don't know what would be involved,
but we are not happy about it. That' s pretty much it.
TRUSTEE SEPENOSKI: All right, thank you.
TRUSTEE GILLOOLY: Thank you.
TRUSTEE GOLDSMITH: And just before we kind of go too far, I just
want to state for the record, as far as what this property is or
zoned as, this Board cannot speak to that. What we are talking
Board of Trustees 35 March 20, 2024
about is the particular dock, and has been noted here, it's a,
we will adhere to what is considered a residential dock.
So whatever the conditions are for a residential dock, we
are not looking at this as a commercial dock, so anything would
- _ - be reduced to fit the definition in Chapter 275 of all the
conditions of a residential dock being no more than four-feet
wide, within the pier line, reduced as much as possible, no
fixed structure on the dock or the ramp or the float. So just
to kind of get that out there.
As far as what this property is zoned or what it' s going to
be, I don't know. Nor can we comment. We are commenting on the
proposed application in front 'of us, the environmental impact of
what will be a residential dock.
TRUSTEE SEPENOSKI: Correct.
MR. CONWAY: Good evening. Chris Conway. I am one of the
property owners adjacent to this proposed dock.
I just want to speak in support of my neighbor, pretty much
said it all. I think 160 feet is out of character with the
neighborhood. And I just wanted to make that on record. Thank you.
TRUSTEE KRUPSKI: Thank you, sir.
MR. HIRSCH: Hi. Douglas Hirsch, I'm the neighbor to the south of
the property, and I just wanted to say thank you, I appreciate
the Board' s position that they are only going to consider this
as a residential dock. I personally have no objection to anyone
building a residential dock, and I would just urge Mr. Peckham
to go to the Planning Board first before he tries to put any
commercial features on the dock or operate commercially on the
property, because I believe there is a real issue as to whether
the Planning Board is going to approve an aquaculture facility
at that site, for the reasons I said in my letter, which is
there' s only two acres buildable there, it' s not a real
seven-acre site, and I don't think it complies with the intent
of Town Code. So, thank you, very much.'
MR. JACKSON: Good evening, Board. My name is Warren Jackson, I'm
a neighbor, I 'm not really a neighbor but I am across the creek,
directly across the creek from where this dock will go. And,
again, as Mr. Hirsch said, I'm not objecting to someone having a
residential dock. My concern is possibility of a commercial
operation, albeit maybe limited or not, and the fact that they
had a ramp going up, with stairs, for a total of probably eight
to ten feet of width on that bluff is an environmental issue.
We have been on the creek close to 30 years and we have )
watched all the wildlife over there. And we still have it. Um,
if that continues to develop into a very busy operation, if that
happens, I don't know what is going to happen to our wildlife
over there. So that' s what my wife and I really have to say
about it. And it' s going to be increased traffic coming into the
creek. Thank you.
TRUSTEE GOLDSMITH: Thank you.
TRUSTEE GILLOOLY: Thank you.
Board of Trustees 36 March 20, 2024
MR. PECKHAM: Hi, my name is Will Peckham. I'm an oyster farmer.
Thank you, to the Trustees, for offering this forum, and as
always for your work.
Trustee Sepenoski, would you mind just restating what you
said before about the next steps for this and the LWRP
recommendation going forward?
TRUSTEE SEPENOSKI: The LWRP coordinator, Mark Terry, will make a
review of the materials you submitted to our office, and weigh
them against the Local Waterfront Revitalization Program
guidelines, and it will make a written recommendation to this
Board, consistent or inconsistent or exempt. We will then review
those recommendations and see whether or not this Board can find
a way to appease the inconsistency, or if it' s consistent, move
forward.
MR. PECKHAM: Okay.
TRUSTEE KRUPSKI: Just to clarify that. You know, it' s standard
practice every file we review tonight has an LWRP report. We are
legally required to have one, at least at the first meeting. So
he was unable to submit your report, so therefore it would have
to be postponed and/or tabled for one month, at which point we
would either have it or we would be legally able to move forward
with the application with or without.
MR. PECKHAM: Got it. And that' s not related to the scope of the
project, it's purely an administrative item.
TRUSTEE KRUPSKI: That's right.
MS. HULSE: It's Pursuant to Chapter 268_ of the Town Code.
TRUSTEE KRUPSKI: That's right.
MR. PECKHAM: Thanks. Yes, you know, it's, as an oyster farmer,
I'm motivated first and foremost by trying to build my business
in a way where I can preserve my livelihood, and at the same
time make a positive impact on the environment.
I know that I don't need to educate to the Trustees the
importance of shellfish and shellfish in' our waterways. I think
it's probably common knowledge at this point that shellfish are
good for the environment, right? Oysters, clams, scallops, they
' are all filter feeders, but much more than that they are
probably one of the bedrock of our coastal economy and certainly
in Southold Town. And, you know, this is a part of the Town' s
history that predates, you know, any other sort of local history
here. It goes back thousands and thousands of years.
I actually, you know, invite everybody who came out today,
you know, I have not seen any of you before except for perhaps
Mr. Hirsch. I'm over on the property, if you ever want to come
over.
TRUSTEE SEPENOSKI: Mr. Peckham, it's important for, you to reach
out to your neighbors, but in this forum, please just address
the Board. You can say the same things.
TRUSTEE KRUPSKI: You can say it through the Board.
MR. PECKHAM: Understood. (-Understood.
You know, I would say that before, you know, maybe another
Board of Trustees 37 March 20, 2024
Board is not necessarily in a position to litigate who gets to
farm and not, right? But one thing that is important to remember
is this parcel is in the Suffolk County agricultural district.
We have a right to farm, and you know, that may be challenging
for some folks to hear, especially, you know given the
conservation status of the property. But there is
two-and-a-half acres on this property that still have all the
development rights intact, the balance of the property, about
12-and-a-half acres is permanently conserved, no permanent
structures. This is not something that I signed on to with
great enthusiasm to be able to purchase this property and to
keep it open space and to build a no-till land farm here and a
shellfish farm on the water.
So from that perspective, it is a right-to-farm area. And I
understand that we have to think about, we are just talking
about a residential dock. And I also acknowledge that.
The one thing I would encourage you not to have the sticker
shock over the 160-something foot-long pier, because as I read
it, there is only about 115-foot pier once you get down to the
water, with the balance of that, you know, approximately 50 feet
being the horizontal displacement of the bluff area. Right?
So it' s actually a 115-foot pier and, you know, per your
site visits, and thank you for coming out last year, we spoke
about it and we managed to say that, you know, we think we can
make it work, to stick within the four-foot residential limit.
And if the Board is amenable to moving over to a fixed ramp
going down to the dock as opposed to a set of stairs, that would
work for me, and, you know, I don't see any issues with that.
So we can be a little bit flexible on the ultimate length
of the dock. That being said, it would be ideal to be able to
site floating upweller systems on that dock, and you all know
probably what those are, but shellfish upwellers, they require
minimum draft at low water so the shellfish don't actually go
down into the mud and sediment and get suffocated.
And, you know, we are, we'll be the only dock on this creek
that leaves it better than we found it. Right? We'll be the
only dock, if we have FLUPSYs there that are actively improving
your water quality. So that is something to be keep in mind as
well. This is change, but some of this change is actually
positive.
So with that, perhaps -- I ran for Trustee once. I lost.
So perhaps you guys can give me a little bit education about
next steps on this, because as a farmer I'm also thinking, okay,
it's March, my season has a defined come and go and a rhythm.
Perhaps you could just educate me a little bit on the next steps
for this project.
TRUSTEE SEPENOSKI: Thank you, for running. Thank you, for doing
the work of a Trustee even if it wasn't in a seat we are in.
I think the next steps is to table the application and wait
for an LWRP report, review that report, and have a hearing next
Board of Trustees 38 March 20,2024
month regarding application, or an amendment to the application
that we have currently before us.
Is that right, Trustee Goldsmith?
TRUSTEE GOLDSMITH: Yes. And I would just take that time to
revamp your plan to limit the stairs and/or ramp to no more than
four-foot in width. As Mr. Patanjo said, you do have room to
dial that dock back and get similar water depth, which is what
we recommend. I believe you said 30 feet, which is still, I
think, off the plans in front of me, I think it was like 2. 8
feet off the top of my head.
So there' s different ways to reconfigure it to minimize the
impact as well as remove any fixed structure from the dock. And
then while we wait for that LWRP, potentially the changes that
you make would address any potential inconsistencies that he
comes up with. And as you can see, address some of the concerns
of your neighbors.
So, you know, we are looking to minimize, like you, the impact
of it. So if you can take those into consideration, I think we
are heading in the right direction.
TRUSTEE KRUPSKI: I just also want to add for everyone in the .
audience, everyone' s comments are now part of the public record
so, you know, that record will be available online. The Board
is obviously taking everything that was said tonight into
consideration. All the letters in the file reviewed thoroughly
by the Board.
MR. SEPENOSKI: And scanned into microfiche.
TRUSTEE KRUPSKI : So just because it goes into next month doesn't
mean it' s like a reset. Everything stays with this application
and hearing.
TRUSTEE SEPENOSKI: Any other comments from the public?
(No response) .
Questions, comments from the Board?
(Negative response) .
Hearing none, I make a motion to table the application.
TRUSTEE PEEPLES: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE GOLDSMITH: Motion for adjournment.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
Jspectfull submitted by,
Glenn Goldsmith, President
Board of Trustees