HomeMy WebLinkAboutTR-05/15/2024 Glenn Goldsmith, President QF SU�� Town Hall Annex
A.Nicholas Krupski,Vice President ,`o Ol0 54375 Route 25
P.O. Box 1179
Eric Sepenoski J Southold,New York 11971
Liz Gillooly G Q Telephone(631) 765-1892
Elizabeth Peeples • �O Fax(631) 765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
CI
Minutes JUN 1 4 2024
Wednesday, May 15th, 2024
5:30 PM Southold Town Clerk
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
TRUSTEE GOLDSMITH: Good evening and welcome to our Wednesday,
May 15th, 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, we have Administrative
Assistant Elizabeth Cantrell. With us tonight is Court
Stenographer Wayne Galante, and from Conservation Advisory
Council we have Inga VanEysden.
Agendas for tonight' s meeting are out in the hallway and
posted on the Town' s website.
We do have a number of postponements tonight. The
postponements in the agenda, on page five, under Amendments,
number 1, Michael Kimack on behalf of CAROLINE TOSCANO requests
an Amendment to Wetland Permit #10281 to establish a 4' wide by
10' long path through the Non-Turf Buffer area leading to (and
over the established Buffer areas) , a proposed raised 4 ' wide by
80' long catwalk with 4 ' wide staircase to ground at landward
end leading to a 4'x46' catwalk to a 31x12' aluminum ramp to an
18.7 'x6' floating dock with a 2'x4'bump-out for ramp situated in
an "L" configuration and secured by two sets of two (2) dauphin
Board of Trustees 2 May 15, 2024
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, numbers 5 and 6:
Number 5, PER REVISED PROJECT DESCRIPTION & PLANS RECEIVED
5/10/2024, Costello Marine Construction Corp. On behalf of FTKS
HOLDINGS, LLC requests a Wetland Permit and a Coastal Erosion
Permit to reconstruct 530 linear feet of existing bulkhead
within the existing basin.
Located: 2835 Shipyard Lane, East Marion. SCTM# 1000-38-7-7. 1
Number 6, Jeffrey Patanjo on behalf of STERLING BRENT REAL
ESTATE LTD, c/o BRENT NEMETZ requests a Wetland Permit and a
Coastal Erosion Permit to construct a set of bluff stairs
consisting of a 10'x10' deck (flush with surrounding grade) at
top of bluff to a 41x4' top platform to 41x8 ' steps down to a
4'x4' middle platform to 41x7' steps to a 41x4' lower platform
with 3'x6' retractable aluminum steps to beach; all decking to
be un-treated timber.
Located: 38255 Route 25, Orient. SCTM# 1000-15-2-17. 6
On page eight, numbers 6 through 8:
Number 6, EUGENE & GEORGENE BOZZO requests a Wetland Permit
to remove ±72.5' of existing wood bulkhead return and ±17 .5'
long block retaining wall located along east property line;
install 90' of new vinyl bulkhead return in same location and
same height as majority of existing bulkhead; replace remaining
block retaining wall as necessary; and to temporarily remove and
replace existing stone armoring along the bulkhead return.
Located: 4135 Camp Mineola Road, Mattituck. SCTM# 1000-123-5-24
Number 7, James DeLucca, 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
Number 8, En-Consultants on behalf of KP REALTY OF
GREENPORT CORP. Requests a Wetland Permit for removing
1, 108sq.ft. Of existing grade-level masonry patio and 179sq.ft.
Area of landscape retaining walls; construct 872sq.ft. Of
"upper" grade-level masonry patio, 181x46' swimming pool with
60sq.ft. Hot tub, 428sq.ft. Of "lower" grade-level masonry
patio, 181x31' roofed-over open-air accessory structure with a
±6' x ±31' enclosed storage shed that has closets, an outdoor
fireplace, and a basement for storage and pool equipment, an
Board of Trustees 3 May 15, 2024
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
On page nine, numbers 9 through 11:
Number 9, 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'x16' 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
Number 10, Baptiste Engineering on behalf of ALLISON CM
FAMILY TRUST requests a Wetland Permit to remove existing wood
planters and part of the existing stairs and construct a 64 '
landscape wall along the east, a 60' landscape wall along the
south and a 5' landscape wall along the western portions of the
property of the existing embankment; the proposed material for
the landscape wall is formed concrete with a dye stamp; and the
lowest elevation of the bottom of the wall (BW) is 5.5' with the
highest elevation of the top of the wall (TW) is 12.51 .
Located: 820 East Road, Cutchogue. SCTM# 1000-110-7-22
Number 11, 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
Board of Trustees 4 May 15, 2024
and alterations consisting of a proposed 45sq. ft. Addition to
northeast corner, and a 90sq.ft. Addition to southeast corner
for a 1, 195sq.ft. Total footprint after additions; construct a
1, 195sq.ft. Second story addition; a 70sq.ft. Second story
balcony; replace and expand existing easterly deck with a
320sq.ft. Deck with 69sq.ft. Of deck stairs to ground; replace
and expand existing porch with a 40sq.ft. Porch and 20sq.ft.
Porch stairs to ground; construct a 38' long by 2' wide by 12"
to 24" high landscape wall with a 3' wide by 8"-12" high stone
step; install one (1) new drywell for roof runoff; abandon two
(2) existing cesspools and install a new IA/OWTS system
consisting of one (1) 500 gallon treatment unit and 46 linear
feet of graveless absorption trenches (i.e. , one (1) 24 'L x VW
trench and one (1) 22'L x VW trench) ; and for the existing
84sq.ft. Shed.
Located: 5605 Stillwater Avenue, Cutchogue. SCTM# 1000-137-4-3.2
Under Town Code Chapter 275-8 (c) , files were officially
closed seven days ago. Submission of any paperwork after that
date may result in a delay of the processing of the
applications.
I. NEXT FIELD INSPECTION:
TRUSTEE GOLDSMITH: At this time, I'll make a motion to hold our
next field inspection Tuesday, June 4th, 2024, at 8 :00 AM.
TRUSTEE PEEPLES: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
II. NEXT TRUSTEE MEETING:
TRUSTEE GOLDSMITH: I'll make a motion to hold our next Trustee
meeting Wednesday, June 12th, 2024 at 5:30PM at the Town Hall
Main Meeting Hall.
TRUSTEE GILLOOLY: 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, June 10th, 2024, at 5:OOPM at the Town Hall
Annex 2nd Floor Executive Board Room, and on Wednesday, June 12,
2024 at 5:OOPM in the Town Hall Main Meeting Hall.
TRUSTEE GILLOOLY: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
Board of Trustees 5 May 15, 2024
IV. MINUTES:
TRUSTEE GOLDSMITH: I'll make a motion to approve the Minutes of
our April 17th, 2024, meeting.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
V. MONTHLY REPORT:
TRUSTEE GOLDSMITH: The Trustees monthly report for April 2024.
A check for $10, 062 . 60 was forwarded to the Supervisor' s Office
for the General Fund.
VI. PUBLIC NOTICES:
TRUSTEE GOLDSMITH: Public Notices are posted on the Town Clerk's
Bulletin Board for review.
VII. STATE ENVIRONMENTAL QUALITY REVIEWS:
TRUSTEE GOLDSMITH: RESOLVED that the Board of Trustees of the
Town of Southold hereby finds that the following applications
more fully described in Section X Public Hearings Section of the
Trustee agenda dated Wednesday, May 15, 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:
Fishers Island Development Corp. , c/o Fishers Island Yacht Club
SCTM# 1000-10-1-9
Neofitos Stefanides SCTM# 1000-30-2-77
Konstantinos Zoitas SCTM# 1000-30-2-78
Waterview Revocable Trust SCTM# 1000-21-2-11
Archivist Capitol Jackson, LLC SCTM# 1000-117-10-3.5
James & Vicky Vavas SCTM# 1000-53-6-7
JB Husing Family Trust 2020 SCTM# 1000-126-5-12
Chris Stratakis SCTM# 1000-33-4-5
TRUSTEE GOLDSMITH: That is my motion.
TRUSTEE SEPENOSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
VIII. RESOLUTIONS - ADMINISTRATIVE PERMITS:
TRUSTEE GOLDSMITH: Under Resolutions - Administrative Permits,
in order to simplify our meetings the Board of Trustees
regularly groups together actions that are minor or similar in
nature. Accordingly I'll make a motion to approve as a group
Board of Trustees 6 May 15, 2024
items 2 and 4, listed as follows:
Number 2 David Bergen on behalf of CUTCHOGUE-NEW SUFFOLK
PARK DISTRICT, NASSAU POINT BEACH requests an Administrative
Permit to install modular unit children' s playground equipment.
Located: 9430 Skunk Lane, Cutchogue. SCTM# 1000-104-8-6. 1
Number 4, Kate Samuels on behalf of THE PLIMPTON FAMILY,
LLC requests an Administrative Permit for construction activity
within 100' from the landward edge of the wetlands for the
construction of a 150sq.ft. Addition to existing dwelling with
interior and exterior renovation; new deck and porch on seaward
side; new entry porch on landward side; new a/c unit on precast
slab; new septic system; and new drywells.
Located: 12250 New Suffolk Avenue, Cutchogue. SCTM# 1000-116-6-11
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE GOLDSMITH: Number 1, BARBARA PAGANO requests an
Administrative Permit to replace the existing 16'x28. 10'
irregularly shaped seaward side deck with steps to ground
in-place; replace existing 10.8 'xl7.11' front entry deck
in-place with full length stairs to ground; replace existing
8.7'x18. 9' masonry patio with new surface in-place; install a
4'x4 ' enclosed outdoor shower on patio; along east wall replace
existing sliding door with 6.8' tall by 5' wide slider and three
windows; along south wall replace one existing window with new;
replace west wall entry door with new 6.8 'x3' door.
Located: 2435 Cedar Lane, East Marion. SCTM# 1000-37-4-9
Trustee Sepenoski conducted a field inspection May 7th,
2024, noting the project was straightforward.
The LWRP found this project to be inconsistent. The
inconsistency is the as-built structures were constructed
without a Wetlands permit.
I'll make a motion to approve this application as
submitted, and by granting it a permit will bring it into
consistency with the LWRP.
TRUSTEE PEEPLES: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE GOLDSMITH: Number 3, BONNIE & JANES NAULT request an
Administrative Permit to construct an irregularly shaped
approximately 21'x25' at grade flagstone patio with 4"-6" gravel
joints (approx. 525sq.ft. ) ; install a pad for a bbq on the new
patio; and to install two irregularly shaped flagstone stepper
paths, one from side stoop to back patio (approx. 3'x21' ) , and
the second from master bedroom to back patio (approx. 31x551 ) ,
with 4 ' wide landings.
Located: 3550 Little Neck Road, Cutchogue. SCTM# 1000-103-9-13.2
Trustee Krupski conducted a field inspection May 9th, 2024.
Board of Trustees 7 May 15, 2024
Notes say review further at work session.
The LWRP found this to be consistent.
I'll make a motion to approve this application as submitted
with the condition that the grade change will not impact or
infringe on the native trees, and that all existing trees to
remain. That is my motion.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
IX. APPLICATIONS FOR EXTENSIONS/TRANSFERS/ADMINISTRATIVE
AMENDMENTS:
TRUSTEE GOLDSMITH: Under Applications for
Extensions/Transfers/Administrative Amendments, again, in order
to simplify our meeting, I'll make a motion to approve as a
group items 1 through 11. They are listed as follows:
Number 1, Jim Bodkin on behalf of BARBARA BODKIN requests a
One (1) Year Extension to Wetland Permit #10145, as issued on
May 18, 2022.
Located: 610 Bayview Drive, East Marion. SCTM# 1000-37-5-2
Number 2, En-Consultants on behalf of 1663 BRIDGE, LLC
requests a One (1) Year Extension to Wetland Permit # 10175, as
issued on June 15, 2022.
Located: 1663 Bridge Lane, Cutchogue. SCTM# 1000-118-2-4 .2
Number 3, Costello Marine Contracting Corp. On behalf of
ORIENT LIGHT, LLC requests a One (1) Year Extension to Wetland
Permit #10142 and Coastal Erosion Permit #10142C, as issued on
May 18, 2022.
Located: Plum Gut, Orient Point. SCTM# 1000-130-1-1.3
Number 4, SOFIA ANTONIADIS requests a One (1) Year
Extension to Administrative Permit #10180A, as issued on July
13, 2022.
Located: 12500 Main Road, East Marion. SCTM# 1000-31-14-7
Number 5, LINDA MOELLER & DAVID McMILLEN request a One (1)
Year Extension to Wetland Permit #10177, as issued on June 15,
2022; and for an Administrative Amendment to Wetland Permit
#10177 for the proposed I/A OWTS to be redesigned and relocated
slightly closer to the wetlands than originally proposed with
leaching fields to be 84'-124' north of the wetland edge, and
40'-88' east of the western landward edge of wetlands in order
to lessen the disruption of the existing ground level.
Located: 3600 Little Neck Road, Cutchogue. SCTM# 1000-103-9-13.3
Number 6, En-Consultants on behalf of JOHN M. CARROLL & M.
AMELIA MURPHY requests a One (1) Year Extension to Wetland
Permit #10187, as issued on July 13, 2022; and for an
Administrative Amendment to Wetland Permit #10187 to modify the
proposed by renovating the existing 1, 155sq. ft. One & two story
dwelling without raising the dwelling by approximately 2.8 feet;
construction of a 471sq.ft. (Instead of 459sq.ft. ) Second floor
Board of Trustees 8 May 15, 2024
addition over existing one-story portion of dwelling and covered
porch; construction of 2'x16' steps (instead of 6'x6' steps) to
5. l'xl8.5' extension of covered porch; construction of a 4.51x7'
covered front entry porch below 41x12 ' roof overhang with 2 'x7'
steps (instead of a 5'xl3.5' covered front entry porch with
6'x6' steps and 4 'xl3' pergola) ; and installation of a newly
proposed 12 'xl6' masonry patio and 2' wide stepping stone path
to existing foot bridge.
Located: 230 Inlet Lane, Greenport. SCTM# 1000-43-5-4
Number 7, ROSEMARIE RICCOBONI requests a Transfer of
Wetland Permit #2231 from Virginia J. Feder to Rosemarie
Riccoboni, as issued on August 28, 1986.
Located: 290 Old Cove Road, Southold. SCTM# 1000-52-2-12.1
Number 8, Donna Fragola on behalf of ADF VENTURES, LLC
requests a Transfer of Wetland Permit #275 from James Meskouris
to ADF Ventures, LLC, as issued on April 24, 1986, and Amended
on March 27, 1986.
Located: 1775 Point Pleasant Road, Mattituck. SCTM# 1000-114-1-6
Number 9, Jennifer DelVaglio on behalf of JONATHAN
VIGDORCHIK requests an Administrative Amendment to Wetland
Permit #10446 to alter the 50' long concrete and brick retaining
wall by removing the brick section from the wall and installing
a ±50' long glass panel along the top of the concrete section of
wall; refinish the concrete wall with veneer or stucco; and to
relocate the proposed pool enclosure fencing to be around the
pool area.
Located: 17975 Soundview Avenue, Southold. SCTM# 1000-51-1-7
Number 10, DANIEL & SUZANNE DIVINEY request an
Administrative Amendment to Wetland Permit #10258 for an
as-built 5'2"x22' pad to house a generator and HVAC units
located against the garage.
Located: 400 Bay Road, Greenport. SCTM# 1000-43-5-8
Number 11, Docko, Inc. On behalf of FISHERS ISLAND
DEVELOPMENT CORP. , c/o FISHERS ISLAND YACHT CLUB requests an
Administrative Amendment to Wetland Permit #10529 to install
four (4) 4 'x20' floating finger docks, three of which are to be
seasonally removed, and one permanent floating finger dock using
rigid mounting brackets in lieu of originally proposed floating
docks.
Located: Central Avenue, Fishers Island. SCTM# 1000-10-1-9
TRUSTEE SEPENOSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
X. PUBLIC HEARINGS:
TRUSTEE GOLDSMITH: At this time, I'll make a motion to go off our
regular meeting and enter into Public Hearings.
TRUSTEE PEEPLES: Second.
TRUSTEE GOLDSMITH: All in favor?
Board of Trustees 9 May 15, 2024
(ALL AYES) .
TRUSTEE GOLDSMITH: This is a public hearing in the matter of the
following applications for permits under Chapter 275 and Chapter
111 of the Southold Town Code. I have an affidavit of
publication from the Suffolk Times. Pertinent correspondence
may be read prior to asking for comments from the public. Please
keep your comments organized and brief, five minutes or less, if
possible.
WETLAND & COASTAL EROSION PERMITS:
TRUSTEE KRUPSKI: Under Wetland & Coastal Erosion Permits, number
1, Docko, Inc. On behalf of FISHERS ISLAND DEVELOPMENT CORP. ,
c/o FISHERS ISLAND YACHT CLUB requests a Coastal Erosion Hazard
Permit to install four (4) 4'x20' floating finger docks, three
of which are to be seasonally removed, and one permanent
floating finger dock using rigid mounting brackets; construct
one (1) 4'x20' fixed wood pile and timber finger pier with
ladders along the east side of the Trustee permitted west fixed
to floating main dock; each finger float/dock to have associated
support, restraint, fender/tie off piles, and new water and
electric utilities; and to retain and maintain the existing 8'
wide by 18 linear foot long seasonal floating dock, an
intermediate 12 ' wide by 84 linear foot long seasonal floating
dock, and a 10' wide by 30 linear foot long seasonal floating
dock at shore end all off of the northeasterly side of existing
Trustee permitted dock.
Located: Central Avenue, Fishers Island. SCTM# 1000-10-1-9
The Trustees most recently viewed this file on the 7th of
May. It was an in-house review. Noted, will review further at
work session.
I have the LWRP report here, which is from February, 2024,
when this was first applied for, and noted that it was
inconsistent. Regularly dock structures built on floats,
columns, open timber piles'or other similar open work supports
with a top surface area of less than 200 square-feet or which
are removed in the Fall of each year. The dock system exceeds
200 square-feet.
Is there anyone here that wishes to speak regarding this
application?
MR. NIELSON: Yes. Keith Nielson, on behalf of the Fishers
Island Yacht Club. And based on our discussions at the last
meeting, we made the three of the four floating dock finger
piers removable. They'll be hinged and they'll be removed at the
end of each year. We left one with a hinge -- with a fixed, a
rigid attachment to the main float so that it would add to the
stability of the main float, and the fifth finger pier is a
fixed wood pile and timber pier emanating from the existing
fixed pier.
Board of Trustees 10 May 15, 2024
So now we have two finger piers that will be there
permanently, 180 square-feet, roughly, and three finger piers
that will be there seasonally. We stayed to less than the 200
square-foot requirement, and, like I said, the other three are
removable. So.
TRUSTEE KRUPSKI: I don't want to interrupt. Are you done?
MR. NIELSON: I'm finished, yes.
TRUSTEE KRUPSKI: Okay. So, I can appreciate that. The concern I
think with the Board is that there was talk about the existing
12'x84 ' float to retain and maintain. Can you speak to that?
With the finger coming off of it and another section on the end?
MR. NIELSON: Yes. That float is regarded by the yacht club as
the sailing program float and it was in this location during
the, our first visit to the yacht club when we were first
retained to do a couple of minor repairs to some of the dock
facilities and for subsequent projects including dredging. And
in that first project in 2002, we had a drawing that said
"floating dock to remain. " And I found when Ms. Cantrell first
advised me of this last week, I looked back at the old surveys
because I distinctly remember walking on this dock in 2001 and
in our early work on the project. So it's been there for a long
time. And in that first permit in 2002, we just said retain and
maintain it, which was a, may not have been standard terminology
for the Board, but for most of our permits when we have an older
floating dock system, that's what we call it. And if we are
proposing work to it, we put existing and proposed dimensions.
If we are not, we just identify it as to be retained or retained
and maintained. And it has been, over the last 20 years. So.
TRUSTEE GOLDSMITH: So everything existing besides the new finger
piers are covered under that 2002 permit?
MR. NIELSON: The way I read it, yes. Because in the subsequent
dredging permit in 2009, it even said for A and B dock, remove
-- temporarily remove and reinstall the floating A and B docks.
And so I brought copies of the coastal erosion zone permit from
2013 and the 2002 permit that I had mentioned originally, and
I've got copies for you here if you would like them. (Handing) .
(Board Members perusing) .
TRUSTEE KRUPSKI: Just to clarify, is the floating structure, is
that referred to anywhere in the permit, though? Or is it all
timbered by, supported by piles, in that permit?
MR. NIELSON: In the permit it is referred to as a floating
dock. The timber part of .it, the wood pile and timber pier, in
your photograph, the north roughly one-third of that pier
structure, of that dock facility, is a pier structure.
Everything else that you see in that photograph below the darker
gray area is all floats, and the broad section along the west
side of the main walkway is the sailing program float, and then
you have the long "T" that runs out to the end and supports the
end float.
TRUSTEE KRUPSKI: So, I apologize, and if you want to approach
Board of Trustees 11 May 15,2024
and show me what you're talking about. But I don't see where
it's mentioned in this permit.
MR. NIELSON: I'm not referring to the permit. I'm referring to
the drawing here where it's shown as being retained. It was not
called out on the permit.
TRUSTEE KRUPSKI: Okay.
MR. NIELSON: And I would also point out that the yacht club is
agreeable to doing whatever is necessary to get this resolved.
(Board members perusing) .
TRUSTEE KRUPSKI: All right, so while I can appreciate it's
here, I don't have an official record of it to approve a coastal
erosion. And I mean, I'll tell you, I personally don't have a
problem with this, and I don't think the rest of the Board does
either, but legally we are obligated to uphold Chapter 111. So I
think in this case my view is that's something you would have to
go to the Town Board for. I don't think they would have a
problem with it either. I think it's just a function of having
to uphold that state code.
MR. NIELSON: Will your record of tonight's meeting indicate that
so that the Town Board sees that there is no dissension here?
MS. HULSE: If you issue a denial, a denial is a denial. There is
no other --
TRUSTEE KRUPSKI: Right.
TRUSTEE GILLOOLY: I would just second everything Trustee Krupski
said. I'm fully in support of the sailing program, I think this
is a reasonable request, and I think that this is more a matter
of our legal requirements, the decision that will come to you
tonight.
TRUSTEE SEPENOSKI: Agreed.
MR. NIELSON: Okay.
TRUSTEE KRUPSKI: Is there anyone else here that wishes to speak
regarding this application, or any additional comments from the
members of the Board?
(No response) .
I make a motion to close the hearing.
TRUSTEE PEEPLES: Second.
TRUSTEE GOLDSMITH: All in favor?
(All ayes) .
I make a motion to deny the application for not conforming
with Chapter 111, and just clarifying that this is only the
Coastal Erosion Hazard permit for that is being denied, and that
the Wetland has already been approved. That is my motion.
TRUSTEE GILLOOLY: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
MR. NIELSON: I understand. Thank you.
TRUSTEE KRUPSKI: Thank you, have a good night.
TRUSTEE SEPENOSKI: Number 2, Jeffrey Patanjo on behalf of
KONSTANTINOS ZOITAS requests a Wetland Permit and a Coastal
Board of Trustees 12 May 15, 2024
Erosion Permit to remove the existing temporary sand bags along
bottom of eroded bluff and construct a 67 linear foot long rock
revetment consisting of natural stone boulders from upland
sources at a maximum of 2 .5 tons per lineal foot along existing
bottom of slope; stabilization fabric to be placed under
proposed boulder revetment; install 2"xl2" non-treated timber
terrace boards for every 10' along eroded portions of bluff;
install 40 cubic yards of clean sand fill from an upland source
to re-nourish the bluff landward of proposed revetment;
re-vegetate all disturbed bluff areas with Cape American beach
grass plugs 12" on center; and to install and perpetually
maintain a 10' wide non-turf buffer along the landward edge of
top of the bluff.
Located: 980 The Strand, East Marion. SCTM# 1000-30-2-78
The Trustees reviewed the application on the 7th of May,
2024. Notes read straightforward.
The LWRP program coordinator found the project to be
consistent, and gave four additional measures of support: The
prohibition of use of boulders occurring on the beach; prohibit
impeding shoreline access from revetment to high water mark;
establish survivability rate for planted materials; consider the
tie-in with the shoreline erosion controls on the left and right
of the parcel.
The Conservation Advisory Council resolved to support the
application.
Is there anyone here wishing to speak regarding this
application?
MR. PATANJO: Jeffrey Patanjo, on behalf of the applicant.
Just to answer some of those questions, that this was a
permit that was issued, they went to renew it and realized that
it expired. All the neighbors are doing the, just renewed all
their permits, the adjoining neighbors, so it will be a
continuous wall along The Strand, as you are all aware, and this
is just a renewal of the existing expired permit -- new permit
for an existing expired permit.
TRUSTEE SEPENOSKI: That's all right. That' s how I understand it.
So the only thing that I found, and my colleagues brought to my
attention here on the dais, was that on the previous permit the
non-turf buffer was approved at 20 foot. With everything else --
and that was Permit #9900 of May 19th, 2021. Everything else
about the project is straightforward, in my eyes.
MR. PATANJO: I'm reading, I have the permit in front of me, and
I don't see where it says 20 feet. Proposed ten-foot. I have
ten-foot approved, and they all were approved at ten foot, with
vegetated non-turf buffer on the approved plans, which is Permit
#10054 and 10054C. I didn't change the plans at all.
TRUSTEE SEPENOSKI: Right. I didn't think you did. I think it was
a discrepancy between one permit we issued and another permit.
MR. PATANJO: Yes, this is -- the permit doesn't specify non-turf
buffer on it unless -- would that be in the second page or the
Board of Trustees 13 May 15, 2024
first page? (Perusing) . Normally it' s on the first page.
TRUSTEE SEPENOSKI: Well, I'm thinking of a different one, it' s
#9900 is the permit number that I'm referring to.
MR. PATANJO: I don't know what that' s for.
TRUSTEE GILLOOLY: So that can be a permit for the house or for
any other structure on the property that was issued, and that's
part of the previous conditions. It was permitted at 20-foot
buffer.
MR. PATANJO: Okay, but this is a renewal, a resubmission of a
previous one that was granted at ten-foot inconsistency with all
the other neighbors, which are all ten foot. So there is no
plan changes from the past one that was issued in January 19th
of 2022.
TRUSTEE SEPENOSKI: Okay.
TRUSTEE GILLOOLY: It's possible there was a discrepancy with
what was approved last time, but we would like to clean it up to
make sure the buffer is consistent with the property.
TRUSTEE SEPENOSKI: Yes.
MR. PATANJO: All right, approved.
TRUSTEE SEPENOSKI: All right. Anyone else wish to speak
regarding the application?
(No response) .
In this location, I think as large a buffer as possible to make
mitigate future erosion, due to grass, I think is a good move.
MR. PATANJO: Yes, there is some room back here, too.
TRUSTEE SEPENOSKI: Okay, do any members of the board wish to
comment?
(No response) .
Hearing no further comment, I make a motion to close the
hearing.
TRUSTEE PEEPLES: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE SEPENOSKI: I make a motion to approve the application
with the amendments to the language of a ten-foot wide non-turf
buffer along the landward edge of the top of the bluff to be
expanded to a 20-foot wide non-turf buffer along the landward
edge of top of bluff to make it consistent with Permit #9900,
issued on May 19th, 2021.
TRUSTEE GILLOOLY: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE GILLOOLY: Number 3, Jeffrey Patanjo on behalf of
NEOFITOS STEFANIDES requests a Wetland Permit and a Coastal
Erosion Permit to construct a set of bluff stairs consisting of
a 101x10' top platform flush with surrounding grade to a 4'x4 '
upper walk to 4 'x16' steps to a 4'x4 ' platform to 41x4' steps to
a 4'x4 ' platform to 4 'x16' steps to a 41x4 ' platform to 4'x4 '
steps to a 4'x4 ' platform to 41x16' steps to a 41x6' platform
Board of Trustees 14 May 15, 2024
and 4'x8' retractable aluminum stairs to beach.
Located: 1070 The Strand, East Marion. SCTM# 1000-30-2-77
The Trustees most recently visited the site on May 7th,
2024, noting the rock revetment has not yet been completed.
Sand bags must be removed and revetment constructed before
additional permits are considered.
The LWRP reviewed this application and found it to be
inconsistent, stating that individual residential stairs are
prohibited on bluffs if the property is in a part of an
association that maintains a common stairway within a reasonable
distance. And it says this parcel is within walking distance of
the beach access.
The Conservation Advisory Council reviewed this application
and resolved to not support any further disturbance to the
bluff, which is already severely eroded, and recommends an
increased buffer at top of the bluff. Community stairs are
available for beach access.
Is there anyone here wishing to speak regarding this
application?
MR. PATANJO: Jeffrey Patanjo, on behalf of the applicant. This
proposed application is for obviously a set of stairs down the
bluff, which is consistent with all of the neighboring
properties. Everybody has their individual staircases going
down the bluff. It will be constructed in DEC standards, which
is four-foot above grade, non-treated surfaces. And the, with
regard to the revetment, we just renewed those permits, this
one, and as mentioned, the previous application, this one and
several of the neighbors, they were waiting for everybody's
permits to come in and then they were going to do the project.
As I understand, the revetment project is supposed to start for
that entire shoreline fairly soon, so it will be happening this
year. They just needed to get all of the neighbors together.
TRUSTEE GILLOOLY: And are you the person who submitted the
request for the renewal of this permit?
MR. PATANJO: I did.
TRUSTEE GILLOOLY: Because we do not see it on file.
MR. PATANJO: No, I did not. The homeowners did it themselves. I
wrote them the letter.
TRUSTEE GILLOOLY: Okay. Because according to our office, this
permit expired on February -- or the previous permit expired on
February 16th. So that permit is no longer in effect. So I think
the best course of action would be to go back and try to get
that permit again and work on that portion of the project before
we work on the stairs, would be my recommendation.
MR. PATANJO: If that permit is no longer valid, then --
TRUSTEE GILLOOLY: You need to reapply.
MR. PATANJO: Reapply for that one, however we can still consider
this one, because there is not an open permit for that one? Or
are you saying to wait until that's done and come back for
stairs for the purpose of getting that revetment done prior to
Board of Trustees 15 May 15, 2024
doing a stair application, so it doesn't hold up the other
neighbors?
TRUSTEE GILLOOLY: I believe the feeling among this Board is that
approving the stairs when the bluff is eroding and there is
still sandbags down there and no revetment plan at the toe of
the bluff, at this stage, because there is no permit for it,
would be reckless for us to approve stairs without some sort of
revetment in place.
MR. PATANJO: Understood.
TRUSTEE GILLOOLY: So since you have an application here, you
could amend this application to include a revetment. That's one
option.
MR. PATANJO: Okay. Makes sense. All right, that' s news to me,
and I'm going to address this tomorrow.
TRUSTEE GILLOOLY: So how would you like for us to proceed?
MR. PATANJO: I would like to table the application at the
request of the applicant.
TRUSTEE GILLOOLY: Okay. Is there anyone else here wishing to
speak regarding this application?
(No response) .
Any other questions or comments from the Board?
(No response) .
Hearing none, I make a motion to table this application at the
applicant's request.
TRUSTEE PEEPLES: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE KRUPSKI: Have a good night.
TRUSTEE GILLOOLY: Thank you.
TRUSTEE PEEPLES: Number 4, Taplow Consulting, LTD on behalf of
WATERVIEW REVOCABLE TRUST requests a Wetland Permit and a
Coastal Erosion Permit to install 120 linear feet of rock
revetment consisting of boulders at a maximum of 2.5 tons per
lineal foot along existing bottom of bluff; importing 40 cubic
yards of clean sand fill from upland sources and re-vegetating
disturbed bluff areas with Cape American beach grass plugs at
12" on center for entire disturbed area; install non-treated
2"x12" terrace boards every 10' along bluff face in
un-stabilized areas only; and install and perpetually maintain a
10' wide non-turf buffer along the landward edge of the top of
the bluff.
Located: 905 Aquaview Avenue, East Marion. SCTM# 1000-21-2-11
The Trustees most recently visited this site on May 7th and
noted the following: Erosion severe; revetment okay; temporary
bags for six months; rock and equipment by crane from above.
The LWRP noted that this project is consistent with the
following comments: Number one, prohibit the use of boulders
occurring on the beach. Number two, prohibit impeding shoreline
access from revetment to the high water mark. Number three,
Board of Trustees 16 May 15, 2024
establish survivability rates for planted materials. Number
four, consider quote unquote tie-in with the shoreline erosion
controls on the left and right of the parcel.
The Conservation Advisory Council noted that the CAC
inspected the property, however did not provide a recommendation
due to the extent of the project and their limited knowledge
with the use of terrace boards on a bluff.
Is there anyone here who wishes to speak in regards to this
application?
MS. SETCHELL: My name is Pam Setchell from Taplow Consulting.
And I have with me Tom Brouillette, and I also have with me Ed
Carr, who works with me at Taplow Consulting who does a lot of
environmental engineering.
I have acquired this permit application. I understand that
many of you were there to visit the property just recently. It
is somewhat scary, would be my words. I did bring some images
you can enter into the record, and I know that one of the items
you are missing in your application is a current survey, which
that survey just came through today, so I'll give that to you
also.
Essentially, everything is pretty much staying the same,
with the addition of the sandbagging. I had a sit down meeting
with the DEC approximately a week-and-a-half ago, and brought in
the imaging. They also were waiting for the survey. They have
been out to see the property and they have found the issue very,
very dramatic. And it has escalated in the past two months. So
they understand that I have requested sandbagging to be done
immediately. There was a discussion about whether to use
biodegradable or the sand bags that would be removed.
I believe an image was sent to you of the biodegradable
bags, however the image that you did receive is not a depiction
of exactly what was going to be placed on that beach.
TRUSTEE PEEPLES: That's good to hear. It was a little alarming.
MS. SETCHELL: Yeah, I know. Well, when I saw the image, I was,
oh, man, who sent this. But you know what, the contractor was
just trying to do the right thing to show you what was going
through his mind.
To give you an idea, the gentleman doing the survey, as
they were doing it, as they stood there, it was, you know, soil
was, or earth was coming down. This started out as a slope.
I.t became a cliff. And it's now quite concave. And so the
original plan, we are sticking to the original plan with the
exception it will probably have to be a tiny bit of
modification, where I think there should be some bedding stone,
et cetera, that would underneath the bottom stone. And if we
could use the biodegradable bags, it certainly would help to
stabilize the bluff.
As you know, there is a home very close to the edge at the
top. There is also a staircase which I have images of to give
you, that is hanging in mid-air.
Board of Trustees 17 May 15, 2024
The grade at the bottom, the terrain has changed quite a
bit. I'll give you the survey. And I'll furnish additional
copies. (Handing) .
The images I gave you, there are a few images there that
will give you an idea of what it was like two-and-a-half months
ago, and then what it was like a few weeks after, and then a few
weeks after that. And, as you know, we have been pummeled by
storms this year.
Everything will remain the same, 120-linear feet of rock,
2.5 tons per linear foot. All of that will basically stay the
same. Roughly 400-cubic yards of clean fill.
The planting will remain the same. Where there is a
concern is when you get to the top of the bluff, where you start _
to become concave. Because, as we all know, it's not something
that would hold all that well.
It was addressed to put the terracing boards but for those
of you that did visit the property -- and actually, Tommy, you
were there -- did visit the property, the very top could be a
little bit difficult. But, however, I will be meeting with the
DEC on Friday to present the rest of the information that
they're looking for, and they wanted the drawings for the
sandbags, of which I will give you also a drawing for the
proposed sandbags.
MS. HULSE: Is there any part of the description that' s changed?
MS. SETCHELL: Not really.
MS. HULSE: What, specifically, what not really?
MS. SETCHELL: (No response) .
MS. HULSE: Well, what would you say that changed?
MS. SETCHELL: I'll introduce Ed. The bedding stone and -- go
ahead.
MR. CARR: Ed Carr, Licensed Marine Engineer, with Taplow
Consulting.
So there are really two minor detail changes from the
description, the first being that a portion of the proposed 40
cubic yards would be put into biodegradable sandbags. So rather
than be loose fill, it would, some of it, would be placed in
these bags just for better stability during construction and
then theoretically the bags will biodegrade and will biodegrade
and will be the same as the loose fill over time.
TRUSTEE PEEPLES: Excuse me. May I ask a question. The
biodegradable bags you are referring to is a bit of a concern in
my mind, because that is still, there is still material that is
going to be there. You know, what is the timeline on that
biodegradable bag, will it then just slough off into the water?
You know, I think there is a bit of concern and the reason that
the Trustees noted removal after six months.
MR. CARR: Typically the marine biodegradable bags are designed
to degrade whether they are in UV light or not, so even if they
are beneath the earth they will disintegrate, and it's not
disintegrate over 50 years, it's disintegrated within 24 months,
Board of Trustees 18 May 15, 2024
36 months.
TRUSTEE PEEPLES: Okay.
MR. CARR: And they are compostable.
TRUSTEE KRUPSKI: Is there a proposal as to which bags you are
speaking of?
MR. CARR: I can give you a spec sheet to that effect. Or if you
put in your, as a term and condition, that the bags be
compostable, biodegradable bags, it' s the same that can be used
in compost piles legally.
TRUSTEE KRUPSKI: There's quite a few biodegradables and
compostable bags on the market and they are not all true to --
they are often green washed, so, where they don't really
biodegrade or they are full of microplastics. So my two cents is
for this Board to sit up and do research on what is being
applied for is a bit of a stretch.
MR. CARR: The supply a specification or as a term and condition
you can specify the parameters of the bag in two or three
sentences and we would adhere to that and provide records for
that to the Building Inspector, whoever is going to be looking
at the job as it proceeds.
TRUSTEE SEPENOSKI: I mean, typically the bags are installed to
protect the toe of the bluff and then they are removed and the
rock revetment is placed in their location. We just dealt with
ten or more properties slightly to the east, you heard an
expediter, the emergency permit was granted for those, they sat
there far too long and began to break down. We conditioned their
removal. And the toe of the bluff will be armored with stone
once those bags are removed.
MR. CARR: We are okay with the Board wanting removable bags if
you would like to go that route instead.
TRUSTEE PEEPLES: I think that' s something that the Board would
be more comfortable with. Just based on our discussions.
MR. CARR: Okay. The DEC suggested the opposite, but we are okay
with the bags that are removable.
The second detail, since I was asked what else would be
changed, would be underneath the rock to be installed, we had
wanted to put some filter fabric and a little bit of bedding
stone. And that' s just a typical modification you'll very often
see. It was left off of the plans. We did not do these plans,
but the new upgraded set we give you we would add in that small
detail. And that's really it. Otherwise, the description is
identical, to some answer Ms. Hulse' s question.
TRUSTEE PEEPLES: So then the plan here is just kind of an
updated version of what was, what we have in our file dated
March 27th, 2024?
MS. SETCHELL: It all -- the plan that was put in was well done,
however, it was lacking a current survey. And so that was put in
to, and actually it was done by a gentleman that is sitting here
in the room. He did a wonderful job. It just so happens there
was no survey at the time. So now we have an accurate survey, so
Board of Trustees 19 May 15, 2024
now there will be some detail added to it that was not at that
time available.
I can, well, we'll do the non-biodegradable. We are happy
to do whatever it is that you would like and approve. There is a
very serious situation there, and actually the adjacent property
also.
TRUSTEE GOLDSMITH: I apologize, because I'm just getting a
little confused, because it seems we are intermingling the
emergency permit with what you are applying for. Because this
one doesn't have anything about sandbags, that was in your
emergency permit, correct?
MS. SETCHELL: Yes.
TRUSTEE GOLDSMITH: Yes. So this application that you are
discussing right now has nothing to with sandbags.
MS. SETCHELL: Correct. And what is transpired is since this
application was put in, the situation has become far more
dramatic on the property, and so that' s how we got to the two
situations. Tom actually had applied for it the day that I
believe that you were visiting the property.
TRUSTEE KRUPSKI: So one other issue I have, and I understand,
and this is something that we've been dealing with for years at
different locations. So this is certainty nothing new to this
Board. To be honest with you, this house is further back than a
lot of the houses that we've come across with this problem.
The terracing goes all the way up, but there is a lot of
existing vegetation there, so what exactly is the plan for the
existing vegetation. Obviously, some of that has been wiped out
and removed, but what is the plan for the grade change there
and, I mean, what about all the low-lying plant and trees and
bushes.
MS. SETCHELL: When you say "low-lying plants" you are talking
top of bluff?
TRUSTEE KRUPSKI: On the bluff.
TRUSTEE PEEPLES: I believe what Trustee Krupski is referring to,
I'm looking at one of these images that you provided for us, I
think on the western portion of the bluff, perhaps where the
vegetation does almost come down to the beach. Now, it looks
like in photos the area that is further east does have more
significant erosion at a higher elevation. This one in
particular, I think that' s a good photo. Thank you, for pulling
that up.
TRUSTEE KRUPSKI: Are you proposing to change the slope of the
whole area? So you are going to start at "the toe, where it
currently is --
MS. SETCHELL: Correct.
TRUSTEE KRUPSKI: (Continuing) and then what?
MS. SETCHELL: Ironically, is that toe is actually out a little
bit further on the property line. Considerably. About a
30-degree angle.
So, as you can you see, what you are looking there, the toe
Board of Trustees 20 May 15, 2024
is out a little bit more. So we would propose to actually come
out slightly seaward of the toe. Because there is no slope.
There is a cliff. And as you can see, you've got concave areas.
We would want to plant the whole bluff, but we would want it to
hold, and, I mean --
TRUSTEE PEEPLES: I think that therein lies I think a little bit
of the confusion between the emergency permit and this
application, is we have now acknowledged that the sandbags are
part of the emergency application, but in order to install
biodegradable sandbags, that would mean that the sand that was
within those biodegradable bags would remain on the property.
Which means that you would be adding sand and therefore
increasing the land mass that is connected to the bluff. And I
think when we are looking at this application we would simply
look at something that was armoring the toe of the bluff.
Understand that some of the concavity of the bluff itself would
need to have some of this terracing as a part of that. However
it sounds like you are intending to kind of march -forward
towards the seaward; is that correct, my understanding?
TRUSTEE SEPENOSKI: Just to jump in with Trustee Peeples. We
dealt with this very same issue on The Strand, and the expediter
in the project proposed to put the stones further seaward than
the current toe of the bluff.
MS. SETCHELL: I'm familiar with The Strand.
TRUSTEE SEPENOSKI: And we said to that expediter, we are not
comfortable with that because it's basically taking away beach.
You are eating up beach to stabilize the bluff or to backfill on
the bluff in order to get angle of repose that you seek. And
this Board was not comfortable with that move.
So there's a few things here that you are claiming that the
erosion is so significant in the past few months that it's now
sloughed off so much we now have a line somewhere further
seaward. We were in the field. I live right down the road. I
think it's kind of where it's at right now in this image.
MR. CARR: That' s not the case.
MS. SETCHELL: No.
TRUSTEE SEPENOSKI: And in the next storm that comes through, it
will have changed again and be washed away.
So I don't know where exactly on this you want to put these
stones, but to put the stones on the beach somewhere and bring a
whole bunch more fill in behind them to try to recreate the
bluff that you had, starts to get a little, um, distasteful.
MS. SETCHELL: I don't think that we are looking to recreate the
bluff that was there, because the bluff that was there obviously
extended with a considerable slope coming toward the water, but
that is not the case, that would not be something that you would
do. However, at this juncture, it' s literally vertical. So if
you are going to stabilize the bottom you would have to come out
slightly seaward. There is no question about that.
I'm familiar with The Strand and I did see that the rock is
Board of Trustees 21 May 15, 2024
closer, or it' s further away, it' s seaward of the toe of the
bluff.
TRUSTEE SEPENOSKI: The rocks were installed where the white
sandbags were.
MS. SETCHELL: Right, they were. But it allowed for a little bit
of a gradual slope behind it. I mean, if you were to put the
rock directly in the toe of this bluff, my guess was in a couple
months that it would be buried, all the rock would be buried.
TRUSTEE KRUPSKI: And it would find its natural angle of repose,
which is the way the bluffs are supposed to function.
MS. SETCHELL: And what do you do about the home that is up there
on the top?
TRUSTEE GILLOOLY: So if I could just jump in for one second. On
the proposed plan it says note, there shall be seaward
projection of proposed revetment beyond existing toe of bluff as
it exists today.
Now, that is so vague that you could put the rocks
anywhere. So I think that that really needs to be cleaned up
and we need to get a real idea of where these rocks are being
proposed. And a final, you know, not a note like that that says
they shall extend. Because on the plan where the arrow is
pointing, it does look like that is right at the toe of the
bluff. So you if you are proposing to march further seaward, we
need to see that.
MS. SETCHELL: Okay, that' s the original plan that was drawn up.
We did not do that. And I will be more than happy to do a new
drawing.
TRUSTEE SEPENOSKI: And stake the project.
TRUSTEE GOLDSMITH: Yes. In normal course of doing these
projects, the proposed toe of bluff is staked out in the field
so that we can go for a field inspection and see exactly where
you are talking about. You are mentioning "slightly seaward".
That's extremely vague.
We will need staking on this property showing exactly where
you are proposing to start your revetment. And then we'll have
to go back out in the field and inspect that and take it from
there. Because right now it' s too vague for us to make a
decision on.
MS. SETCHELL: You are aware of the fact that that could change
from the time we do that to the time that you see it, because
it's literally, if you stand there, it's just coming down.
TRUSTEE GOLDSMITH: Yes. And that picture, May 7th, we were all
out there seeing it last week. Obviously, things change. I don't
think there has been any major storms for it to change
drastically.
MS. SETCHELL: No, not a recent. There was since the application
was filed.
TRUSTEE GOLDSMITH: If you go stake it, we'll look in our June
field inspections, less than a month, and then we can have that
line in the sand and then if there is a storm comes after that
Board of Trustees 22 May 15, 2024
and it recedes even more, you know, we make a determination at
that point.
MS. SETCHELL: And so with sandbags, because I'll be before the
DEC on Friday, we are at a standstill placing sandbags.
TRUSTEE GOLDSMITH: That again, is an emergency permit. That is
not up for this. We discussed the emergency permit, which is
sandbags, which we had some concerns about with the picture and
things like that. Which again, is not part of this public
hearing, so we'll deal with that separately.
MR. BROUILLETTE: I just wanted to bring your attention to, you
know, we talked about the last storm which happened and that
took out a bunch, of the entire cove, really, of this cove. But
regarding this property right here, that storm wiped away all of
the loose sand you see at the base of that bluff. That all
happened, that all fell from the last storm. Without the
assistance of the storm. That was just gravity. So it's not
like, yes, you can stand there and just hear it falling down. So
it's not like, you know, we just want to fix it. We don't want
to land grab, we don't want anything like that. We just want to
try to fix it.
TRUSTEE GILLOOLY: Thank you. And I think we appreciate that, and
there is a separate process for the emergency application. And
so that will be reviewed separately from this public hearing.
TRUSTEE PEEPLES: In addition to the staking that was discussed,
that would need to be reviewed in the field, the survey that we
have here, which is submitted this evening, and then we have the
plan that' s dated March 27th, it sounds like there is going to
be an updated plan as well, so we would require that submission
to review in addition to the staking, please.
MS. SETCHELL: This survey came to me this morning. Actually,
no, I take that back. Around 2:30 this afternoon. So that was
kind of a given that I had discussed that as soon as I got the
survey we would put the plan together. Unfortunately, it was
impossible to do it between 2:30 and the time that we were here.
TRUSTEE PEEPLES: And I appreciate that. I'm glad you brought the
survey at least for us to put our eyes on this evening, but part
of a complete application does include a plan that is something
that the applicant wishes for the Board to review.
MS. SETCHELL: Right. Then perhaps I should table this until --
for the next -- I don't know, when can we, being it's an
emergency, when can we address this?
MS. HULSE: Are you requesting that this public hearing be tabled
tonight? Not talking about the emergency application that
you've made this week.
MS. SETCHELL: Yes.
MS. HULSE: Okay.
TRUSTEE GILLOOLY: And I think, just a recommendation, the sooner
you can get it staked, the sooner we can do complete review of
both.
MS. SETCHELL: Oh, trust me, we'll be out there next week, if not
Board of Trustees 23 May 15, 2024
Friday. Thank you, very much.
TRUSTEE PEEPLES: Thank you.
TRUSTEE KRUPSKI: Have a good night.
TRUSTEE PEEPLES: Is there anyone else here who wishes to speak?
Any questions or comments from the Board?
(No response) .
Hearing none, I'll make a motion to table the application at the
applicant' s request.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
WETLAND PERMITS:
TRUSTEE GOLDSMITH: Under wetland Permits, number 1, AS PER
REVISED SURVEY RECEIVED 4/17/2024 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; pool equipment area; and the area seaward of the
pool fencing to be established and perpetually maintained as a
non-disturbance buffer area.
Located: 1230 Clearview Avenue, Southold. SCTM# 1000-70-9-56
The Trustees most recently conducted an in-house review on
May 7th, noting receipt of new plans and will review further at
the work session.
The LWRP found this to be consistent.
The Conservation Advisory Council resolved not to support
this application. The Conservation Advisory Council does not
support the application due to the projected sea level rise, the
high water table, impaired water body and the location of the
property partially within a flood zone.
This was a tabled application from a previous meeting. We
did receive new survey plans stamped received April 17th, 2024
Is there anyone here wishing to speak regarding this
application?
MR. HALLOCK: Yes, William Hallock. I don't know if you have any
questions or, everything was changed.
TRUSTEE GOLDSMITH: Nope. So these are the latest plans, April
17th, 2024. That' s the latest and greatest.
MR. HALLOCK: Yes.
TRUSTEE GOLDSMITH: 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'll make a motion to close this hearing.
TRUSTEE GILLOOLY: I was just going to say I appreciate the edits
that were made to the original submission and I think it was all
in line with what we had requested. So, thank you, for doing
Board of Trustees 24 May 15, 2024
that.
TRUSTEE GOLDSMITH: Any other questions or comments?
(No response) .
Hearing none, I'll make a motion to close this hearing.
TRUSTEE PEEPLES: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
I'll make a motion to approve this application with the new
survey plans stamped received April 17th, 2024, that show a
non-disturbance buffer seaward of fence.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
MR. HALLOCK: Thank you.
TRUSTEE GOLDSMITH: Number 2, David Bergen on behalf of ARCHIVIST
CAPITOL JACKSON, LLC requests a Wetland Permit to replace
in-place existing failing wood groins; Western groin replacement
of approximately 23' landward of existing vinyl groin; Eastern
groin replacement approximately 20' landward of existing vinyl
groin; groin project limited exclusively to landward portion of
groins with equipment limited to use of small excavator, access
by barge, and using 6' vinyl C-Loc sheathing with 8" piles 10'
in length, 6' on center, 6"x6" stringers and aluminum open-grate
cap; both groins to be replaced on grade, same as existing
failing groins; revegetate any disturbed areas using Cape
American beach grass; construct a new 10'xl5 ' deck on grade just
landward of the 20' contour line.
Located: 410 Jackson Street, New Suffolk. SCTM# 1000-117-10-3.5.
The Trustees most recently visited the site and noted
stipulating a height of 18 inches, maintaining the vegetation
that exists on the bank and potentially dialing back the grass
on the one finger that juts out on the northeast portion of the
property.
The LWRP found this to be consistent. It is recommended
that the Board determine if the two groins can be easily passed
by public walking along the foreshore and speaks to our comments
about 18-inch height.
And the Conservation Advisory Council resolved to support
this application.
Is there anyone else here that wishes to speak regarding
this application?
MR. BERGEN: Yes. Dave Bergen, on behalf of Archivist Capitol
Jackson, LLC.
This was a site that we had a pre-submission inspection
back in, I believe it was August or September, and we offered to
go to the DEC first, which we, the Trustees asked that we do
that, and took us up on our offer.
We went ahead, we got DEC approval. What this was, was two
old groins, where they had been repaired up to a certain place,
Board of Trustees 25 May 15, 2024
at a certain location, and the last 20 foot of the western one
and last 23 feet of the east ones were not repaired when the
rest of the groin was. So these have been around since the early
'70s and need to be replaced.
It is, we understand it's got to be 18 inches above grade
on the down drift side, and so that' s part of the construction
standards. And then the extra thing they also want is a 1Oxl5'
wood deck on-grade up there, just behind, as was suggested by
the Trustees, just behind the, I believe I could read here,
looks like 16-foot contour or 18-foot contour. It's hard to read
the small print.
So with that, I'm here to answer any questions you might
have.
TRUSTEE KRUPSKI: We had discussed, I believe you attended our
open work session, we discussed some sort of vegetation on the
top of the bank where the grass kind of encroaches into more of
a natural habitat. Did you take that home and mull it over?
MR. BERGEN: Yes, I did. Yeah, that depression there is
interesting. I don't know if that was formed geologically. The
owner of the property had heard from the previous owner that
that had actually been used by scallop boats way back when, and
that was dug so that the scallops would be brought up through
that gully, so to speak. But what we have, and I 'll bring this
up so that Liz, there are five copies here, so she can pass them
down. (Handing) .
This was done based on the conversation at the work session
where what we are suggesting is to put a non-turf buffer down
there, you'll notice a triangle down there at the bottom, to
create a buffer down there because that was where naturally
everything would run if things were to runoff. It' s almost like
an upside-down funnel there. And we go down into that area. And
so what we are willing to do is a buffer down there to help
address the runoff that could come down that hill.
We preferred that over doing -- there was a suggestion of
plantings up top, the plantings up top would grow up so that you
are not going to, the deck is going to be non-functional at that
point as far as viewing, but from an environmental perspective,
the plantings up top are going to catch and retain all of the
water before it goes down there. Once the water goes down there
I think that' s where you are more concerned environmentally to
trap anything that happens to come down there, any pollutants
that happen to come down there, and that's where the buffer was
proposed for down in that area.
TRUSTEE KRUPSKI: So I think I was viewing this a little bit
differently than you. I sort of saw the whole bank as, you know,
not turf. I mean, it is a grass, but it's ahigher non-mowed,
didn't appear to be treated or fertilized area.
MR. BERGEN: As far as I know, it is mowed. We saw that when we
were there in I think it was September. It might have been
August, but that, for lack of a better term, bank or gully area
Board of Trustees 26 May 15,2024
is mowed.
TRUSTEE PEEPLES: Mr. Bergen, it seems like there are two areas
that we are talking about here. Because it' s very difficult to
see on the satellite image there, but there is sort of directly
landward of the four-foot path, there is a quite significant
depression there. And that' s what you are talking about that is
mowed.
MR. BERGEN: Yes.
TRUSTEE PEEPLES: What is depicted on the plan here looks like a
triangular area that is within that, what looks to be a
vegetated non-turf buffer area already, to the east of that.
MR. BERGEN: Well, it's a vegetated area, the whole area is
vegetated behind that. There is, I don't know if you recall,
there is a fence down there, and a gate that you had to go
through. And the whole area behind there is vegetated. It's not
sand. It is all vegetated through there.
So again, what we were concentrating on was this one area
to create a buffer in that area that would help mitigate any
pollutants that might flow down there. And of course, and I
apologize, I should have said this also, we'll need a four-foot
path through it. That's all.
TRUSTEE GILLOOLY: I think that what we were looking for was
maybe a slight increase in what is already there in terms of
native vegetation and non-mowed area. And so what we are now
being proposed to memorialize is actually a little bit less than
I think what all of us had hoped to see remain there on the
property. So --
MR. BERGEN: So you are asking for a little bit larger area that
is a planted area, that becomes a natural buffer?
TRUSTEE PEEPLES: It almost seems like we are talking about two
different areas. Where the cursor, Liz, the cursor was on that
triangular area that you have depicted here on the plan.
MR. BERGEN: You would have to go down further. That's the top of
the bank.
Yeah, right in there. Yes.
TRUSTEE PEEPLES: So if you go to the east of that, that's what
is depicted on the plan as a new non-turf buffer area. So it
almost seems like we are talking about two different things
here. Because you would not need a four-foot path through that
area, because it's fairly steep, if I remember correctly.
MR. BERGEN: Oh, yeah, it' s very steep. You can't walk directly
from, let' s say if you drew a straight line to the pool there
from the gate, you can't walk there because it's such a
precipitous drop there. You have to walk to the east first.
TRUSTEE KRUPSKI: So I think we might have almost done a
disservice. So the bank itself is -- the gully is mowed but the
bank itself is very vegetated. But with this depiction it sort
of opens the rest of the property up to interpretation about
what is going on on the bank where it' s not currently mowed.
Which you can see in the satellite and also in the pictures that
Board of Trustees 27 May 15, 2024
is we took at the site.
So, you know, the whole bank to the east of where that
triangle is, is a non-turf buffer already, and should remain
that way. So I think that should probably be included. You can,
I think what I'd need to see is if you wanted to make a new
non-turf buffer area.
MR. BERGEN: I just realized I handed the wrong packet up to you
just a minute ago. k.
I hold in my hand the packet that I meant to give you.
TRUSTEE PEEPLES: Ah, therein lies the confusion.
TRUSTEE GOLDSMITH: Oh, sleight of hand. Nothing to see here.
TRUSTEE GILLOOLY: Give me that one back.
MR. BERGEN: I hold in my hand --
(Participants laughing) .
TRUSTEE PEEPLES: So would you like these copies back then?
MR. BERGEN: Yes. This depicts the triangular area. I apologize
for that.
TRUSTEE KRUPSKI: Can you just point that triangle out on the
satellite, please.
MR. BERGEN: It would be approximately in here (indicating) .
TRUSTEE KRUPSKI: Right.
TRUSTEE PEEPLES: So that' s different than what we have been
looking at here on the plan, then.
MR. BERGEN: Yes. So if you want to give me back other one.
TRUSTEE KRUPSKI: I think this is the same thing. While I have
you up here. So this is all vegetated right here.
MR. BERGEN: Yes.
TRUSTEE KRUPSKI: So I think the plans, I mean, this is a good
start, but it should include anything that is currently
vegetated with the same graphic, too. Or a similar graphic.
Because this leaves it open to interpretation that this could be
eventually mowed into as well.
TRUSTEE GILLOOLY: And there is a helpful line at least on the
previous plan that says "edge of clearing, " which everything
seaward of that edge of clearing we would not want to see it
turned into anything but what it is now. They do have a buffer
there.
Is it on that plan as well?
TRUSTEE KRUPSKI: Yes.
MR. BERGEN: Yes, there is a line there in the survey that says
"edge of clearing" . Yes. It looks like that is at the, if I'm
reading it correctly, the 16, approximately the 16-foot contour
line.
TRUSTEE KRUPSKI: Is there anyone else here that wishes to speak
regarding this application, or any additional comments from
members of the Board?
TRUSTEE SEPENOSKI: Yes. The primary structure is appropriately
located hundreds of feet from the waterfront.
TRUSTEE KRUPSKI: True. Thank you, for that. Hearing no
additional comments, I make a motion to close the hearing.
Board of Trustees 28 May 15, 2024
TRUSTEE GILLOOLY: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE KRUPSKI: I make a motion to approve this application
subject to new plans depicting the edge of clearing and the
additional new non-turf vegetated buffer to be the same graphic
and indicated as such.
MR. BERGEN: I need, well, maybe Liz can provide some
clarification of what that means. I can contact her in the
office, I just don't understand exactly.
TRUSTEE GILLOOLY: Everything seaward of the edge of clearing
should remain vegetated non-turf buffer.
MR. BERGEN: That' s clear.
TRUSTEE KRUPSKI: That' s my motion.
TRUSTEE GOLDSMITH: Second.
(ALL AYES) .
MR. BERGEN: Thank you.
TRUSTEE SEPENOSKI: Number three, David Bergen on behalf of JAMES
& VICKY VAVAS requests a Wetland Permit to install an 18" high
retaining wall, immediately landward of the proposed 10' wide
non-turf buffer; retaining wall to be constructed with vinyl
sheathing, 8' pilings six foot on center with tie rods leading
to lay-logs, and a wood cap; install a set of 4 ' wide access
stairs with handrails off retaining wall; place approximately 19
cubic yards of clean fill behind retaining wall; and to increase
current non-turf buffer and perpetually maintain a 10' wide
non-turf buffer along the landward edge of the bulkhead.
Located: 3165 Bay Shore Road, Greenport. SCTM# 1000-53-6-7
The Trustees notes from 5/7/24 read straightforward.
The LWRP coordinator found the project to be consistent.
The Conservation Advisory Council did not support the
application because it's concerned with the hardscaping, on the
detrimental effects of hardscaping on the shoreline, and
suggested native plantings would be more beneficial.
Is there anyone here wishing to speak regarding this
application?
MR. BERGEN: Dave Bergen, on behalf of James and Vicky Vavas. And
I'm just here to answer any questions you might have based on
the comments I've heard.
We have, and I'm sorry, I just want to interject, we have
increased the size of the non-turf buffer from what it had been
by a couple of feet so it matches the neighbors to the north and
south.
TRUSTEE SEPENOSKI: Right. That's what I was going to ask next,
and you've answered the question. So it's an increase of a
buffer along the bay side of the shore. The photos in the file
reveal a similar retaining wall on the adjacent property behind,
that needs to be matching that and tying into it.
MR. BERGEN: Correct.
Board of Trustees 29 May 15, 2024
TRUSTEE SEPENOSKI: And a larger buffer. Okay.
TRUSTEE GILLOOLY: Can you just speak about the desire to raise
that portion of the property?
MR. BERGEN: Yes. Right now it slopes down -- in the opinion of
the property owner, it slopes down, it's too precipitous a
slope. So looking for, just like the property owner did to the
south, of having an area that is not as, the elevation doesn't
drop as dramatically. So that's why just a small retaining wall
in there is what is proposed.
TRUSTEE KRUPSKI: Could you be more clear on that?
MR. BERGEN: (Laughing) .
TRUSTEE KRUPSKI: They want a flat backyard, rear yard.
MR. BERGEN: Sure.
TRUSTEE KRUPSKI: Thank you.
MR. BERGEN: Thank you.
TRUSTEE SEPENOSKI: Is there anyone else who wishes to speak
regarding this application?
(No response) .
Hearing no further comment, I'll 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 the application
as submitted.
TRUSTEE GILLOOLY: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
MR. BERGEN: Thank you.
TRUSTEE KRUPSKI: Have a good night.
TRUSTEE SEPENOSKI: Have a good night, Mr. Bergen.
TRUSTEE GILLOOLY: Number 4, Patricia Moore, Esq. on behalf of
JB HUSING FAMILY TRUST 2020 requests a Wetland Permit for the
existing five (5) cottages (from west to east) consisting of:
Cottage 1 - 24.2'x24.2' one-story cottage with a 161x5.2' porch
with ±3' wide steps to grade, 4'x4 ' outdoor shower on deck,
24.2 'xl2.1' covered porch with 3' wide steps to grade, and a
propane tank; Cottage 2 - 24.2'x24.2 ' one-story cottage with
15.9'x4.3' porch with 3' wide steps to grade, 4'x4' outdoor
shower on deck, 24.2'x12.1' covered porch with 3' wide steps to
grade, and a propane tank; Cottage 3 - 24.11x24.3' one-story
cottage with 12.5'x3.2' wood porch with 3.2 ' x 7.8' outdoor
shower on deck, 4 'x10' covered landing (totaling 12.5' ) , and
3.2 ' wide steps to grade, 161x31.4 ' irregular shaped porch with
8' wide steps to grade, and a propane tank; Cottage 4 -
22.3'x56'x22.3'x20.5'xl6. l'x14 .3'x 16. 11x21.2' one-story cottage
with 8.3'x3. 6' west side porch and 4 'x6' outdoor shower 8.5'x4'
east side porch to 16'x28 ' paved patio on grade, 23. 1'x29.3'
irregular wood porch and 4 ' wide steps to grade, and a propane
Board of Trustees 30 May 15, 2024
tank; Cottage 5 -14.4 'x30. 6'x3'x8. 1'x4. 6'x
3.2'x5.5'xll. 1'x3'xl9.5'x8.3'x22.3'x8.5'x27.8' one-story cottage
with a 10.3'x5' covered porch on north, 22 .4 'x38 . 6' irregular
porch on south side with 2' wide steps to grade, 3.2'x4. 6'
outdoor shower, and a propane tank; existing 8 .2 'x12.2' with 12'
to ridge storage shed; existing 8.3'x16.2' with 9' to ridge
storage shed; existing 20.1'x32.1' with 19' high ridge barn;
existing 18 'xl9. 9' with 15' high ridge barn; existing wood
bulkhead starting at east side 45' to 12' return; existing 27'
long jetty; 129' long wood bulkhead with 3.5' wide wood steps
landward and 4' wide steps seaward to be replaced in-place;
existing 24 ' long jetty; existing 35 ' long jetty; existing 195'
of wood bulkhead; existing 57' long jetty; existing 125' of wood
bulkhead with three (3) sets of steps on east side of bulkhead
3.5' in width up to bulkhead an from bulkhead to beach; 23' wood
bulkhead on westerly side of property (ending approx. 200' east
of the property line) ; existing 4 'x45' wood walk; existing
4 'x20' wood ramp to bulkhead and 3' wide steps to beach;
existing 51x5' platform landward of bulkhead; replace 'existing
chain-link fence along western property line and install chain
link fence where missing; existing chain link fence along
easterly property line; and for the existing internal driveways
(dirt) with parking areas for the cottages and cleared paths
between cottages, and to the bulkhead and stairs; and to replace
the four (4) sets of stairs to beach in-kind, in-place.
Located: 9790 Great Peconic Bay Boulevard, Mattituck.
SCTM# 1000-126-5-12
The Trustees most recently visited this site on the 7th of
May and noted all existing buildings, all existing wooded areas
to remain as undisturbed.
The LWRP reviewed this application and found it to be
inconsistent, and the inconsistency is the as-built structures
were constructed without wetlands permits.
And the Conservation Advisory Council resolved to support
this application.
Is there anyone here wishing to speak regarding this
application?
MS. MOORE: Yes. Good evening. Patricia Moore. I also have the
Husing's here, if we have to turn to them for any questions.
This is a property that goes back to the early 1900s.
1900s. The cottages are existing. We are in the process of
getting pre-COs for them and any permits for anything that has
been done since the 50's, which is not very current, we are
probably looking at things that were done in the 70's.
So we are bringing, we are getting everything permitted, so
in order to get the permit from the Building Department and the
pre-CO, we wanted to get permits from the Trustees for the
existing structures.
Everything here predates the Trustees jurisdiction so that
is why everything here is listed on the project description.
Board of Trustees 31 May 15, 2024
There is nothing new being proposed at this time. The only
few things are beach stairs that may have been lost in the
storm. So those were -- when I wrote the original description,
there was a beach stair. I think by the time you went there it
may not have been there. But they were all included. I
included all four that are presently existing.
So with the fact that it will have a permit, that we can
maintain the structures properly.
The property remains relatively, I want to say
non-landscaped. Natural. It's very original here.
If you have any questions, I'll try to answer them for you.
TRUSTEE GILLOOLY: Thank you. I think that we all appreciated how
unique this property is and how the natural vegetation has been
allowed to thrive in this area. So that is something we are
interesting in preserving.
MS. HULSE: Pat, have the violations that were issued in October
been resolved? Because it looks like they're open.
MS. MOORE: That's part of the process. In order to resolve the
violations -- we have a motion regarding some of the issues, but
the, we are getting the pre-COs and the permits so, but to do
that we needed the Trustees permit first.
MS. HULSE: So my question is you can't resolve it, you can't
resolve the violations until you get the pre-CO.
MS. MOORE: Correct. Yes, the violations are only Building
Department --
MS. HULSE: Gotcha. All right.
MS. MOORE: (Continuing) Building Department related. Nothing
with the Trustees.
MS. HULSE: Those are the rental permit ones?
MS. MOORE: That's part of the motion. This property does not
need, does not qualify for rental permits or short-term rental
permits. And that is part of our motion. So that being set
aside, we still are in agreement that we will get the pre-COs
and the permits for any existing structures. That is a good
practice in general. It' s just everything here predates, so
there is never a need for it.
MS. HULSE: Right. No, I get the pre-CO part of it. I was just
curious about whether the violations have been resolved. But
you're saying --
MS. MOORE: I was in court today, so.
MS. HULSE: Okay.
MS. MOORE: So. Yes. No, the motion is still open and pending on
some of the issues, but the Town Attorney and I have stipulated,
we have no problem, we are in the process of getting the
permits.
MS. HULSE: So is that going to be the resolution that getting
the pre-CO will resolve those violations?
MS. MOORE: Two out of the four. The other two is to be
determined because we don't need rental permits and we don't
qualify under the Short-Term Rental law. Those we are not in the
Board of Trustees 32 May 15, 2024
agreement with, and we will litigate that if we have to. But
that has nothing to do with this Board.
Those are violations because they didn't have a rental
permit and they are short-term rentals. So that' s the nature of
a seasonal cottage community.
But this permit will resolve --
MS. HULSE: Will get you on your way.
MS. MOORE: Yes, it's part of our process.
TRUSTEE GILLOOLY: Is there anyone else here wishing to speak
regarding this application?
(No response) .
Any other questions or comments from the Board?
TRUSTEE KRUPSKI: You mentioned non-landscape, but really this
property is how all Southold should be landscaped. This is like
a perfect picture for--
MS. MOORE: Nobody owns a lawnmower here, I think.
TRUSTEE KRUPSKI: No, this is like, I mean, in all seriousness,
you have wetland blended into native grasses, like some barnyard
grass, you have beach grass, you have red cedars everywhere. I
mean, it's --
TRUSTEE SEPENOSKI: It's gorgeous.
TRUSTEE KRUPSKI: It's gorgeous, yes.
MS. MOORE: I'm hoping the Town Attorney's office and the Town
agrees that this property should remain as it is, which is not
busting their chops for renting it, then we will be able to
continue to pay for the taxes to maintain, to keep the property
in the Husing family.
You know, the reason these properties leave the family is
because they can't afford to pay the taxes, they can't afford to
keep it as is, and quite frankly the next person that buys it
will probably put a mansion on it and not have these little
cottages. But the Husing's, as long as they have been around,
and they are now many generations, they love their property and
want to keep it the way it is.
TRUSTEE GILLOOLY: Thank you. Any other comments from the Board?
(No response) .
Hearing none, I make a motion to close this hearing.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
TRUSTEE GILLOOLY: I make a motion to approve this permit as per
the topographic survey stamped received March 5th, 2024, and two
subsequent surveys received March 12th, 2024, with the condition
that all areas marked "wooded" on the topographic survey within
Trustee jurisdiction to remain native vegetated non-turf buffer,
and all trees to remain. And by issuing a permit we will
thereby be bringing this into consistency with the LWRP. That is
my motion.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
Board of Trustees 33 May 15, 2024
(ALL AYES) .
TRUSTEE PEEPLES: Number 5, Patricia Moore on behalf of CHRIS
STRATAKIS requests a Wetland Permit for the existing 40'x70'
two-story dwelling; remove existing seaward side deck and
construct a new 767sq.ft. Deck; construct a proposed 15'x30'
swimming pool with 575sq.ft. Bluestone pool patio on grade;
install a 301x701x30' pool enclosure fencing; install a pool
drywell for backwash; and install a pool equipment area.
Located: 800 Sound Drive, Greenport. SCTM# 1000-33-4-5
The Trustees most recently visited this site on May 7th of
2024, and made the following notes: 15-foot non-turf buffer from
the top of bluff, screening around pool equipment, pull drywell
back to be in line with the pool, about 80 feet.
The LWRP found this to be inconsistent, noting the
following: 6.3 protect and restore tidal and freshwater
wetlands; comply with the statutory and regulatory requirements
of the Southold Town Board of Trustees; noting that, number one,
comply with Trustee regulations and recommendations as set forth
in Trustee permit conditions with the note that the as-built
structures were constructed without a wetland permit. The pool
location is recommended as inconsistent. The required setback to
a pool from the top of the bluff is 100 feet.
The Conservation Advisory Council resolved to not support
the application because the proposed pool does not meet the
required setback.
Is there anyone here who wishes to speak in regards to this
application?
MS. MOORE: Yes. Good evening. Patricia Moore on behalf of the
applicants. I have Mr. Stratakis here and his son. Both
Stratakis' are here. And if you have any questions.
I was listening but I was not able to write in time. You
had mentioned the buffer and I'm not sure I wrote that down.
What did you want as the --
TRUSTEE PEEPLES: Sure. I'm happy to repeat that. 15-foot
non-turf buffer, vegetated from the top of bluff, sound
attenuation around pool equipment, some sort of screening.
MS. MOORE: Let me see, where is the pool equipment. Oh, it's on
the west side of the property.
TRUSTEE PEEPLES: West side of the house right there.
MS. MOORE: Yes. Screening.
TRUSTEE PEEPLES: Yes. And then if we could move the dry well
back so that it's at least in line with the pool. Because it's a
little seaward of the pool at this point.
MS. MOORE: Okay, no problem. Just moving it back. Believe it or
not, that was moved back. The surveyor had put it all the way
toward the one side. What are you doing?
TRUSTEE PEEPLES: Good. Glad we are moving in the right
direction.
MS. MOORE: Okay. That' s good. Yes, this project had gone to the
Board of Trustees 34 May 15, 2024
Zoning Board first, so you saw that the Zoning Board had
approved this but with the condition that the pool not be any
closer than 80 feet to the top of the bluff. That required us to
cut back the deck in order to place the pool in its proposed
location. So when you were there you saw this staking, the
cutback of the deck was shown, and then the pool was staked.
That's all I have. That's all that's relevant. If there are
any other issues, I 'm happy to --
TRUSTEE PEEPLES: No, we appreciate looking at the study of that
deck in order to be able to pull the pool back because that's
something that this Board often encounters. So we do appreciate
that effort.
Does anyone else here wish to speak or any other questions
or comments from the Board?
(No response) .
Hearing, none I 'll make a motion to close this hearing.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(All ayes) .
TRUSTEE PEEPLES: I'll make a motion to approve this application
with the condition of a 15-foot vegetated non-turf buffer, sound
attenuation surrounding the pool equipment, to pull the dry well
back in line with the pool, and subject to new plans depicting
the following. And by grating a permit thereby brings it into
consistency with the LWRP. That is my motion.
TRUSTEE KRUPSKI: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
MS. MOORE: Thank you.
TRUSTEE GOLDSMITH: Motion for adjournment.
TRUSTEE PEEPLES: Second.
TRUSTEE GOLDSMITH: All in favor?
(ALL AYES) .
Res ectfully submitted by,
4AWWY
Glenn Goldsmith, President
Board of Trustees