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HomeMy WebLinkAboutTR-05/21/2003Albert J. Krupski, President ~ James King, Vice-PresidenT ~~~ 53095 Route 25 Attic Foster ~.~ P.O. Box 1179 Ken Poliwoda Southold, New York 11971-0959 Peggy A. Dickerson ~ Telephone (631) 765-1892  Fex (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUT%IOLD MINUTES Wednesday, May 21, 2003 7:00 PM PRESENT WERE: Albert J. Krupski, Jr.. President James King, Vice-President Artie Foster, Trustee Ken Poliwoda, Trustee Peggy Dickerson, Trustee E. Brownell Johnston. Esq. Charlotte Cunningham, Clerk CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT FIELD INSPECTION: Wednesday, June 11th, 2003 at 8:00 a.m. TRUSTEE KING moved to Approve. TRUSTEE DICKERSON seconded ALL AYES NEXT TRUSTEE MEETING: Wednesday, June 18th, 2003 at 7:00 p.m. WORKSESSION: 6:00 p.m. TRUSTEE KING moved to Approve. TRUSTEE DICICERSON seconded ALL AYES APPROVE MINUTES: Approve Minutes January 22. 2003 March 18th, 2003 APPROVE MINUTES: Approve Minutes January 22. 2003 March 18th, 2003 April 30th, 2003 (not complete) TRUSTEE KING will discuss Minutes at the end of meeting. TRUSTEE KRUPSKI: Items on the Agenda that have been postponed and I do not want any one sitting here all night. On the Amendments Wavers and Changes Number 12 - Shawn & Jolyne has been postponed. On the Public Hearings Number One - K_risfin Home has been postponed Number Five Robert Scripps has been postponed. Number Nine Jeffrey I4allock has been postponed. Number Ten Nell McGoldrick has been postpone& Number Seventeen' Fred Glasser has been postponed. I. MONTHLY REPORT: The Trustees monthly report for April 2003. A check for $4,403.01 was forwarded to the Supervisor's Office for the General Fund. II. PUBLIC NOTICES: Public Notices are posted on the Town Clerk's Bulletin Board for review HI. AMENDMENT/WAIVER/CHANGES TRUSTEE KRUPSKI: These are not legally public hearines. However we have never stopped anyone from speaking. On behalf of the applicant or without anv kind of concerns on these proposed amendments, waivers and changes. However if someone would like to speak I am eoino to ask them to use the microphone and identify vourself. We have a number of items under this category. I am goin~ to ask people to limit their comments because they are not public hearings. Strictlv for what the Amendment is for and not goina offun a tangent. Because we have a long agenda tonight and we would like to move it along for the respect for the Board. Please keep your comments brief and to the point. We will start with Number One - Lawrence Tuthill and also if you have any comments at all we are going to try to move through these ~uicklv. If you have any comments at all please be ready so we do not approve somethina and then you are thinking about getting up to address it. 1. LA WRENCE M. TUTHILL request an Amendment to Permit ~4700 dated Jannary 29, [997 expires January 28, 2007 maintenance dredge the entrance channel 1-5 feet below MLW. Located: School House Creek, New Suffolk, NY SCTM#117-5-46.4 TRUSTEE POLIWODA moved to Table applicatioh to discuss further at the end of the meeting, TRUSTEE DICKERSON seconded. ALI AYES LAWRENCE TUTHILL: I am Lawrence Tuthill I would like to say that there are about one hundred fifty boats that use that creek and we do needit to be dredged. Weha~vehad a l,ot ofcompla'mts. Tke water not beingdeep enough, Thank you. IvlR. SCHULTHEIS: I am Jerry, Schultheis and this is my wife Carolyn. I would like to make some comments regarding the application or amendment and address some issues. Also some presidents that have been set by. the Trusteesthemselves. I would like to give you ~ copy of what my cor~eems are. Thank yom First o:[ all I woul¢ h'ke to express my concerns aborn the Permit itself and the appliCation itsel£actual[y addresses a parcel that does not contain School House Creek. The School llonse Creek Parcel is 117-5-47. The apt>i/cation does aot address that parfic~ar parcel~. Second item is that ~,°riginal Permit 4701) was to place the spoils from'the dredging on my lan~. Upland of the harbor, 2~ppa~;eg~,tiy th~ amendmen~ is ehangin~ the logafiun of, the ~Poils. Tllere werono~ofiee sant abont the ~o~c ihearing~ It ~_ppear~ if the Spots th~e/nSelyes are going to be placed.~e end-of Old ~-Iarbor Road un ~ebeachi~self. ~t least that ~s what I was able to determine based on tke ~nap 'fl~at was submitted w/th flse:al?plicat~n. One of the things ~at I ~a~e submit, ted is a picture Of/he soil washing flown old Harbor l~oad~ When it rains and the ra,,ad!basically wasl~ed ~e soil out. ~the glO,il is, placed ~n that p~ar area. I~ is going t~ do noth~ g;~ ~mom.,kh,,~ to wash baek into the harbor and iato the ~reek. It is, a ferti'i,e effort to try to p~ that material~in that location. The original p~rmit ~rovided that the materi~l be placed in an upland spot. T~e fomgh and the really essentiarissue. Is the issue of the ownership ofthe land. My deed basically gives me fights to the cern:er line ot?~e creek. Back in December 1993 there was d~ecision macl~ by tk, e Trustees - where I had an ex ,tsf~g 10ermiI and they suspended tlmt petit. The issue on suspend3n, g that permit was the ownership of t~e l~and, l'hat same ~ssues~exists with the ownership of the creek next ;to my house. My deed gives me rights m the eenter line of that creek and under no circumstances I am prepared to allow anybody to do any dredging in that area. The letter goes into further detail basically explains the situation as it exists. It references the particular deeds and what information I have been able to retrieve from tge Trnstee's file. Basically the bottom line is that since the president was set. Which basically suspended my permit in i993 because of what the deed said. I am applying that same present to this particular situation because my deed says exactly the same as Mr. Tuthil~'s deed as far as to the ownership to the center line of the creek. Based on that president of 3 1993. You have to apply the same standards to this request and since his deed was honored. My deed has to be honored. TRUSTEE KRUPSKI: Can you show that on the Tax Map. This is your property here? MR. SCHULTHESIS: This is my property here? TRUSTEE KRUPSKI: Your deed is different than your property. I do not understand. MR, SCHULTHESIS: My deed is to the center line of the creek. TRUSTEE KRUPSKI: It contains the "rights, title and interest of the parties of the first part, of, in and to the waters and lands under the waters of S~hool I-louse Creek adjacent to the herein conveyed premises, ~o. the center line thereof' as does Mr. Tuthill's deed - it goes 9n~ Wha~ ~o yon make of that Mr. Tuthill? MR. T~L (CANNOT UNDERSTAND NOT SPEAKING INTO MIjcROP)EOlffE - you allowed trim to'go out in the street with that permit it ~?al. The man just because he has rights to the street. T~ is a *~aI used by e~rY°ne Just r~o* Mr- 8chulthesis. Mr. Sc~I/hes~~ ~tocs not mv!~that bottom creek. I own the bottom of that creek, has fights to it. Yes - that is all. Because he does not have the oWncrs~p~. Ownership is to my property not his. TRUSTEE~ER~UPSKI: lam going to thrOw this at our Attorney ~d. E. BROWNELL JOHNSTON: We had five seconds. I do not think we can come through with a legal conclusion m two seconds here. I am sorry. There are merits to that - there are merits to what is written here. We do not have a copy of the deed. Mr. Krupski was asking me for my optr2on on the leg,al documents. I do not have the legal documents right here. TRUSTEE KRUPSKI: Peggy suggested the only alternative is that nettling is going to resolve anything tohight. STEE POLIWODA: I agree with Peggy. MR, JOHNgTON: Larry, the issue is who owns the bottom? MR. TUTHILL: I own the bottom. He has rights to it that is all. (CANNOT UNDERSTAND NOT SPEAKING INTO MICROPHONE) TRUSTEE KRUPSKI: Where is the extent of your proposed dredging? MR. JOHNSTON: Are you dredging down the middle? If it was true that you own half of it. You are dredging under the assumption some of his earth. TRUSTEE tCRUPSKI: The only thing that I can offer is that this can be resolved. Becauseofthenavigationissue. An Emergency Permit needs to be issued because it is a matter of safety and navigation. TRUSTEE KING: What is the depth of the water now? MR. TUTHILL: About three feet TRUSTEE KRUPSKI: We really should see some soundings? We will have to talk it over at the end of the meeting. We cannot settle this now. I will make a Motion to Table the application. TRUSTEE POLIWODA; Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES 2. JUD Y TEEVAN & PA ULA DI DONA TO request an Amendment to Permit 4/4931 to include a docking facility that has been attached to the 110 feet bulkhead for over twenty years. Located: 325 Willow Point Road, Southold, NY SCTM#56-5-26 TRUSTEE POLIWODA moved to Amend Permit to include the existing dock facility consisting of a 4'x4? platfortn, a 14' ramp and two (2) 6'x20' floats, and as depicted on tho surveypreparedby Joseph A, Ingegno, cl~ted June 5, 1998. TRUSTEE DICKERSON seconded. ALL AYES TRUSTEE POLIWODA: Are the applicants here tonight. I saw your house and it was locked up. I could not get to the back I went around North Road and looked across. The north side oftheproperty I see that you havea docking facility I could not get the dimensions. MS. TEEVAN: The yard is not locked. TRUSTEE POLIWODA: There were gates across there. I felt uncomfortable walking in the back yard. Without permission. DO you have dimensions on the docking facility? MS, TEEVAN: Twenty by six by two. TRUSTEE POLIWODA: I was going to make a recommendation. Il is our policy to have a 6x20 and aga/nst the bulkhead you have a ramp and fo~ bY four-foot platform and if that is acceptable by you. MS. TEI~ykN: they are 6x20. TRUSTEE ]~OLIWODA: I am recommqnding one. One 6x20 foot float MS. TEEYAN: There are two - there have been two for twenty plus years. TRUSTEE POLIWODA: You would like to retain two floats? MS. TEEVAN: Yes. TRUSTEE POLIWODA: It is a private canal. TRUSTEE KRUPSKI: Because it is a private canal. I got a letter from the Chairmen of the Board of Tmstee's in 1970 because all this proper~y was excavated for private land and none of it is or ever was under the jurisdiction of the Town Trustees. It is historical. TRUSTEE POLIWODA: I will make a motion to Approve the amendment for a 4x4 platform. Fourteen-foot platform and 2 - 6x40 floats. All in favor. ALL AYES MS. TEEVAN: Thank you. 3. SA[,IzATORE & SUSANNE PAI, ACINO request an Amendment to Permit g4998 dated 5/26/99 to construct a rear deck with the addition ora 14'xt7' suuroom to be placed on original foot-print of deck. Located: 790 Oak Street, Cutchogue, NY SCTM#t36-01-38 TRUSTEE KRUPSKI moved to Table the application - will re- ~ec~ property at field inspection 6/11/03 TRUSTEE FOSTER seconded. ALL AYES TRUSTEE KRUPSKI: Is there anyone here to represent the applicant? ~,~usPALACINO: Sal Palacino my wife Sue. TEE KRUPSKI: We.had a couple ofqttesfions? You have a violation here. MR. PALACINO: It was not a violation. It was a notification. There was no violation. TRUSTEE ICRUPSKI: Wehad a couple of questions. We went ou~ on field inspection last week. We were not really clear on what you proposed because the plans that we had did not match the house. It should have been staked and there was a lot of fill being brought and there is no mention of fill. Why not give us a proposed plan give us everything on one plan. ~S. ?ALA~CINO: This plan is accurate. This is what was given to (c2rmot understand not speaking into microphone) TRUSTEE KRUPSKI: Any activity within one hundred feet, Bringing in fill is not covered under your pen-nit. Here is one hundred feet. Basically the comer of the house. You put any fill landward is not covered under your permit. You want to re-inspect I am not sure at all. Attic- TRUSTEE FOSTER: I could not hear what they were saying I was rooking the other way. TRUSTEE KRUPSKI: We did not have this updated survey that we have now. You plant the trees and put the fill out of our jurisd/~ction. As far as the deck goes we are not sure. So what do you want to do Attic? TRUS~TEE FOSTER: Yes I remember I feel exactly as everyone else. TRUSTEE KRUPSKI: Ken, Peggy, Artie is any one confortable with acting on this tonight. You want to look at it. TRUSTEE FOSTER: I thought we agreed we wanted to re-inspect agmn. TRUSTEE KRUPSKI: Stake it on the plan and we can look at in the field. MRs. PALACINO: What date? TRUSTEE KRUPSKI: June 11th. Really when we went out there we were really looking at this. We could not figure it om - nothing matched. So have the surveyor change that proposal the 6 sun room and the deck. Anything out of our jurisdiction planting ll'ees. 4. LUCIU$ J. FOWLER request an Amendment to Permit #5553 to change the proposed staircase wetland line from 55 feet to 49 feet from the freshwater wetland line. Located: Equestrian Avenue, Fisher's Island, NY SCTM#9-3-9 TRUSTEE KiNG moved to APPROVE the amendment to change the proposed staircase wetland line from 55 feet to 49 feet from the freshwater wetlanct line TRUSTEI~ DICKERSON seconded. ALL AYES GL,ENNiJUST: Good evening I am Glenn Just from YMO Consulting l l~ave Mr,, Fowler h~e. His contractor is also here. I was with Mr. ~.'~g and the 0ther~people that inspected, the site the other day. So if are any questmns. We are all hereto answer them. Give you answers tliat you need. T!~US~EE 1CKIJPSKI: Jim do you have, any comments? TRUSTEE ~G: Ii,st opened,this matter. This is on the violation? ~, Fo~:WLI~R: We have not received any thing. I think you got my letter, A~ I n~enti0¢~ed to you in tkat letter I am from Mhmesota. So it r0 ~: ~ m? ~lUite'a wI~le to get here. I guess what we would like to do. ts ~to re~tclre-- tl~e house to its original condition back in the 1950's When my plar.,~,ts ae~ual!y"' owned the place and we submitted pictures oftheh°Nie, lmck ~e~ That is basically what the amendment is all about, g~ faras the vi~olations I qness the DEC - you were there Mr. ~ng. Elf~ed to some issues I know that there are some teclmical prgl~l¢ms ~but .we have ~aot violated the wetlands themselves. We are d~ing e~er~h;mg we can. To try to make sure that everything is in order foi~that. Our goal is to try to get the house project back on track. Because,as you know. We~had a stop order abaut a month ago. The conwaetor had'be~n doing work prior to that. Now it is exposed to the W~eZ. yCe are worded that there will be significant damage re the llunse. Also we will no~ be able to use it this summer. If we do not get to working on it as ~soon as possible. TiRUSTEEKING: Has the stop ordeI been lifted? ~. FO~ER: It Was issued by the Building Department and they will not ~f[ tliat until they get instruction from you. That this amendmen;t'is okay. That is what we have been told. Mr. Hamilton as yon know is on vacation so we have not heard anything from the DEC. I also would also like to ask on I have item ~22 the dock I think that you have all heard abottt, A lot for the last four or five months, There is one ~tera that I noticed on that, There are seven restraint pilings that have been proposed by Docko. It was never my intent to pm those in. I think MrS. Tusker one Of our neighbor's objected to those. At that time I had never even seen the filing with you all. I told them to 7 remove them and I told Mrs. Tasker that we would not be putting that in. That is item #22. Later on: TRUSTEE KRUPSKI: How do you want to handle it? TRUSTEE KING: I do not have a big problem with them continuing working on the house. As far.as the dock application? I would like to see the violation straightened out. GLENN JUST: Jim if I may we had the surveyor om there today and what they did ~s they shot elevations that was in question on the left side of the house when we were there. So they can compare the e~evafi0ns from the original Submission to what is there now. Thay are tool~ingat~all the srm~mres that are in qnesfion, Seven-foot deck on the b~c~s'~ of thc honse~ Wa~ not co~ered by the 'original permit. Tkose Phu~ ~hould be i:eady on Monday or Tuesday at the earliest. Tt(rJSk E)CnxrG: 'md get a copyof this viola on? GLENN J~ST: No thae/s what DEC does. C~ ~) ,T~,~ CUNNfI, GI-IAM: Do you want a copy? TgVSX , ursm: TM is ody for the (C OT UNIJEt S~AND) ........~'~°icall 'ust want ~ER: As far as me aoc~: goes. w~ o,~o yj to rebuild : as it is with four restraim pilings to keep the float from doing what it ts~done recently. Which is detached goes banging around ail (~ver the~place. The dock has been there since 1950 my parents put it in. TRUSTEE KING: It looks like it has been there for a wlfile. GLENN JUST: I just read over the notice of violation. They have cleaned up the debris around the side of the house. Except the hay baies. TRUSTEE KING: I just opened this tonight, GLENN JUST: We had the surveyors out there today locating the fill. I tlfink that is what you asked for. TRUSTEE KRUPSKI: The Board last May adopted a resolution to remove two additions single family dwelling remove the deck - remove fencing enclosute. Construct four porches, drywells and gutters - haybales - silt fencing. TRUSTEE KR~SKI: Is there any silt fencing or haybales? MR. FOWLER: Yes there is. We were told that they are in the wrong place They have kept all the dirt contained. But not where Mr. Hamilton thought they should be conta'med. CONTRACTOR: (Did not give name) He told me that where I can pm the hay bales. He would put the haybales. MR. JOHNSTON: Please identify yourself for the record. CONTRACTOR: That the dirt is at least five feet away from those hay bales. It is on his lawn wbJch he has been mainta'ming. TRUSTEE KING: I think that was your lucky day. CONTRACTOR: Very lucky day. 8 MR. FOWLER: Pat Cockrin bythe way, from C&M Construction. Our contractor. MR. JOHNSTON: Identify yourself for the record. PATRICK COCKRIN: Patrick Cockrin. TRUSTEE KING: I will make a Motion to ~lpprove this based on the discussion here and what has happened since I was there. Is there a Seconded. TRUSTEE PO.IWODA: Seconded. TRUSTEE KING: All in favor. ALL AYES MR. FOWLER: The dock we will have to wait for? TRUSTEE KRUPSKI: You will have to wait. Like everyone else. lVlR. FOWLER: Thank yon very much for all your time in answering my phrme calls. 5. Suffolk Environmental Consulting, Inc. on behalf of HELEN E. DIDRIKSEN request an Amendment to Permit #5672 dated November 20, 2002 which approved the construction of a "seasonal ramp 3'x12' float 6'x20' "to reflect a proposed modification to extend the existing dock (4'x12') with a seasonal ramp (3'x10') and float (6'x20') and secured with four (4) 6" diameter pilings. Located: Robinson Road, Southold, NY SCTM#81-1 -g& 10 TRUSTEE FOSTER moved to APPROVE an Amendment that it be consistent with seaward side of the float - nine feet from the bulkhead with a 5'x9' fixed platform 3'x12' ramp and 6'x20' float with the condition of a 10 foot non-turf buffer. TRUSTEE KING seconded. ALL AYES TRUSTEE KRUPSKI: We did look at this last week in the field. Are you here to represent the applicant I take it. We saw this matched similar structure adjacent to the property. You have any brief comments? BRUCE A~¥DERSON: I agree and I can show you an aerial if you want to see what you are saying. It is going to agree with what yon are going to say. What I was going to say. Of course this was brought about the request by DEC. To extend it into deeper water issue a notice of incomplete application. We compiled - I spoke with DEC today. They informed me that they are writing up the Permit~ So we have a situation here. Where all the agencies coming together on the exact same dock. I think it is a very simple matter. I am here to answer any questions you may have TRUSTEE KRUPSKI: Thank you. I do not have any. I do not know if the Board has any. The Department of Environmental Conservation did make that request on March 12th, To have them move that float out to deeper waters. 9 ERIC BRESSLER: Mr. Chairmen, Members of the Board, I am here ro speak in opposition of this particular application. At this time I would like to hand up for the consideration, A package of material on behalfofVictorZupa entitled Tmstee's Hearing 5/21/03. Objections Material, CHARLOTTE CUNN1NGHAM: I need your name for the record. ERIC ]3RESSLER: I am representing Victor Zupa- Eric Bressler Wicldaam, Bressler, Gordon and Geasa - Mr. Chairmen, Members of the Board. If it were only as simple as it appears to be. I appear before you tonight. I feel like I am caaght in something out of "Alice in Wonderland': You hav~ o~ily to look through the, mater/als that have bee~ submitted to yon, To realize hov~ completely, observed this app~cgfion ~s. No more than two yeal~s agg, Victor Zupa was in front Of this B6ard asking for a, dock. some ofyqu 1-emember ti/at, LoOk ~figh that package and lo0k o~er ~h~ Mfi~es yo:,~ recol~tion will be refrcshe& There was a ~ot of d~seusslon about what. VictorW:gupa ¢od,d'~ ~"ha~e. Wt~a~ Victor Zgpa could n~-ha~e? h fa~ one of th~ leading obj:ecti~ms if you ~t~J~ what Mr. Zupa wan~e& Was the applicant inthis ease - Koel~ler? Who gOt:up an~sai& Welt wait a minme. We do ~ot want h,'~un to have wh,g~ r she is asking for now, He has m have zdock. A floating docks tight, in flush up against:the bulkhead. Be~Canse there are problems.--~LTI~ere~ar,problems wifh those docks. Youknowwhatim¢~nwhenlsay~osed~)cks, Withcoming in anti going out. Therefore, anypr0poSal b~rMr. Zrtpa to have his dock out in deeper water. Which by ~he ~a/~. He does not hav~ Was oppose& This Board sakl that is fight, Wawant you to be hard in. agamst the bulkhead. You do not get to go out to deeper water. You do not get whm the apphcant is now, asking f?r. Now and what the applicant objected to two y~ars ago and you citedwith her. How can this Board passibly less than two ye~s later. ~um arotmd and give the applicant what she wants when she obje4ted to. the yew same relie£ You have only to go down there and look~ S~c wha~ Mr. Zupa has and what you restricted him m. What the apl~li6~m~ is, now asking for. TRUSTEEDICKERSON: Wehavephdmsot~that. Sowe arewell aware of that, ERIC BRESSLER: Victor Zupa cannot get in and out safely if this happens. Now what you choose to do about which we contend to be the illegally decks of the associatio~. Down there is another issue. But we do not see how you could conceivably on the record give what has happened before. Limit Zupa to what you l/mited h/m to and have the apphcant and the former objector. Get what they are asking for here. It is totally inconsistent. And It is just not fair. TRUSTEE FOSTER: Actually I think that we have restricted her to what she has. I think what they applied for is~ not what they are going to get. 10 TRUSTEE KRUPSKI: The photos show that the applicant is applying for something is exactly what Mr. Zupa has. BRUCE ANDERSON: lfI may. ERIC BRESSLER: We do not believe that is so, TRUSTEE FOSTER: That is what we agreed that was going to be granted to her. ERIC BRESSLER: That is a dJ_fferent issue. TRUSTEE FOSTER: What we are going to give her are two d/fferent things, ERIC BRESSLER: Well, I am speaking to the application not to what you might alternatively do, So I have gotten fired up over something that ~S~goneissue~ Iapologize. But~ that is what is before ~e Board. TRUSTEE KRUPSKI: I think what the impression was that the ap?li~:an~ was applying for something. That was co~/sisfing with what Id. Zupa TRDSTEE FOSTER: She wanted to go out further but we held it in. Tole hm-~,that it had to be the same distance. T~T~,FOSTER: It could not be out any further, Had to be the same basic structure. TRUSTEE'~2RUPSKI: Keep it in so it would be the same as Mr. Zupa's. TER/~ ~ B~RESSLER: We have three and she was looking for ten. RLIS~I'EE FOSTER: What the Board agreed to grant was exactly What;Mr. Zupa has and nothing more, TRU~J'EE'KRUPSKI I believe that Mr. Zupa has that eight-foot and you mn correct this. An eight-foot cantilever catwalk? M1C ZUPA: This is Victor Zupa - you limited me m go out three feet, The let~er that you sent to me Mr. Krupski is in that file. My dock can only go out, three feet from the bulkhead. In fact I have not enough draft. With..respect to the boat that I have. I can only pull the boat in one way that is bow in. I can only back out. Because the dock across from me which is over one hundred feet in length. Prevents me from ~g around. TRUSTEE KRUPSKI: How long is your catwalk? MR, ZUPA: It does not make any difference that is a platform to come down. tRUSTEE KRUPSKI: Well it would be the same. It would be consistent to what was just submitted. It would be consistent with that. MR. ZUPA: What I received in the mail. Is ten feet. TRUSTEE FOSTER: That is what they applied for. TRUSTEE KRUPSKI: When the Board went in the field. We thought it would be more consistent to grant something that would be identical to your dock which is adjacent. MR, ZUPA: I have to tell you. That coming in (cannot understanding) shallow - that the dock bottoms out. I have to back out 11 into this area. Without a dock. Atthe Didriksen Property. It is difficulty for me to mm my boat. I use this area to back into, Because there is no other place I can mm. Between the Association dock and the dock on the side that comes out to get out to nahgable water. The dock is inhere, It is in an unsafe position. TRUSTEE FOSTER: How would that Change your approach In or out?' MR. ZUPA: Because if there is a dock there. I have to back out. TRUSTEE FOSTER: You wanted to be out further. We held you at three feeT. lVlR. ZUPA; Theissue Mr. Foster. You are allowing a dock to go ov~r here when it is already critical for ~e to get in and out o£this area I eam~ot safely get in and Out with a doci~ there What i am asking for the rec0r~ is for you to perform your duties ~ts Trugtees re remove the il!egal tm-permitted docks that are e~x~sting there. They are in violation of Ghapt~r 97 of the Code, They at:~ ih ~oIafion of ymrr Trust TRZ~TEE KRUPSKI: ! am not disputing everytlfing you say. Ito~eVer we are addressing only the dock applicat/on in relation to your navigation is certainly acceptable discussion. However you cml not l~Ut ~he burden on us. Because of the size of the boat that you have and yo~ ability to rravigate it. So you cannot say I have a forty six foot boar and 1 need so much room, You cannot say that I bought a 146 foo~ boat you carmot pa~s that burdc~a on the Board. There is just that Water there. ERIC BRESSLER: No oneis making that assumpuon. TRUSTEE KRUPSKI: But that semns to be the direction that we are headed here, We assume that Mr. Zupa has an e/ght foot catwalk, E]~IC BRESSLER: He is three feet out. MR. JOIrlNSTON: How high is the float? ERIC B~cESSLER; It is a 6x20 float. Ti~UST~E KRUPSKI: So you are sticking out ten feet into the basin without:the boat. So if you are tl~r, ee feet offplus six you say ten feet. MR, iZEJPA: The revised plan which is only twenty four days old. Shaws,th,e dock at a distance often feet. TRuSZ~ KRUPSKI: proposal change - that is whywe go on field inspection, MR. ZUPA: This was after your field inspection. rRUSTI~E KRUPSKI: I see what you are saying. It shows sixteen feet bm that is something that we would not approve. MR. ZUPA: You are making a change in my nawgation here. Allowiv, g with the depths of water, I will have to turn my boat. The Didriksen have every fight re have a dock there, What is illegal there is the allowance by this Board of thc two docks which one is one hundred feet in length and there is no bases for that. The people that have docks own no land. They own no bottom. 12 TRUSTEE KRUPSKI: That is a separate issue - Mr. Zupa, MR. ZUPA: I think that is an issue. It is not the Didriksen Dock. They have the right to the dock. The Association dock has no right. That is the issue here. BRUCE ANDERSON: I would like to respond and I think that I can put this to beck Right here and right now. First Po/tit. I want m make is this is the apphcation of Didriksen. We understand that. I do not belie~ze there is any and I do not know what the alleg~afion 0f Koehler or some other dock at some other time. I have no involvement in it. I ffankl,v do not care. Because it has nothing to do with what we are here for tonight. 8eenn~ Po/tit What'T'~ am heating kere is a navigation problem, I am heanng-~S that there seems to be some confust/on was to whose do k ~s ~Vhere Aehal photograph fftat wi~ stiow you ali thedocks in the area. On this aerial Ihave drawg in. How this dock fits, I think when you take atook at this aerial photograpl~ You Mil conclude that this very reasonable applicaficm. Oa that aelqal. E,i~C BRESsLER: What application is it. Is it the one that out goes sixteen feet? BRUCE ANDERSON: This application shows a catwalk offa phtform with the float bearing to the fight. The applicant is in pos~eshon of the most recent application. Because it was forwarded to lfim and if you check your green card. You wilt see that he was no~ffied twice and he holds the same application. That is in front of yom ~ any statement that they are unaware of what is being applied for Is simple incorrect and the certified mailing shows that. When we talk about navigation, Is the limiting distance and if you look at the distance between. We will call it the AssociatiOn dock which seems to be the big rub here. Having nothing to do with our application. Where our float Will be, You will discover that distance is something in the order o£ 76 feet and you can scale that from the plan view that has been submitted With this application, If you contract that with the width 0fthe mouth of the inlet of the basin. You will discovered that dredged area is twelve to fourteen feet. I submit to you a dock. Sixty two feet away from the community dock or there about. Is not an navigation hazard. When you are dealing with a basin and a dredge canal is only twelve to fourteen feet wide. TRUSTEE FOSTER: You have to add the width of the boat on to that also. BRUCE ANDERSON: Still not a consideration. TRUSTEE FOSTER: No it should not be, TRUSTEE KRLrpSKI: Just for clarification. Unless I am rrfissing something. The last one I have here is the letter that we received May 19th. Shows it out sixteen feet. I does not show what the Trustees 13 determined in the field. I can understand Mr. Zupa's concern over that. BRUCE ANDERSON: This ramp is three by ten and is inclusive here. Is what is already there, I believe if you scale. TRUSTEE ICRUPSKI: It shows ten fees plus six for the dock. What we wanted to grant. I am going to refer to Exhibit C - it shows Mr. .upa s dock. Which looks to be eight foot catwalk and ramp, float on the inside. If the float were drawn h~re in p~ncil. It would be inside and no~ stSc!ring our in the bas/n. Not with the ramp in the middle. BRUCE ANDERSON: Look at the file. ~ere is that ramp centered on the boat. Here i~ the ramp - here is thc float. ~. ZUPA: ~ow far out in the water. BRUCE~ . ~ANDI3RBOIxT: Tke question that I propose to yu. Is tha~ r~p c~.tCr~ on the float? ~RUB~ KRUYlaBIrG: For laek of any answer let us move on there. It did not matte~ We never did get a drawina that this Board was going ....... to al~l~Ove ~WOnlcI the Board like to consider grantm' g an app~o~! for atd(oc~ that is consistent with IVlr. Zupa's. T~US~I~E FOSWER: Tl~at is what we talked about doing %~V~T~: ; somdbody make a Motion. ~iW~ STILE FOSq~!~g: ~I will make a Motion to Approve the api)?icatign ~r IT~I~:~N E. DIDRIKSEN Permit #5672 but that it be c~l iced ~ bc co::si.~tc::l Wi~ the seaward side of float nine feet from tt~ ~b~k&ead andbe ctmsastent vcqth Exhibit C mUB~'i~DI~ON: Seconded. ^il in f .or. ^YES BI;~.' CB )~E~'gt)N: That was easy. 6. Catherine Mesiano, Inc. on behalf of DENNIS ttENCHY request an Amendment to Permit 5732 dated March 18, 2003 for construction of 4'x37' elevated walk ~ +3.5' with steps to grade. Located: 1325 Kimberly Lane, Southold, NY SCTM#70-13-20.008 TRUSTEE POLIWODA moved to TABLE the Amendmem TRUSTEE KING seconded. ALL AYES TRUSTEE KRUPSKI: Ken you looked at this. TRUSTEE POLIWODA: Yes tRUSTEE KRUPSKI: The only one that did. TRUSTEE POLDVODA: You are all familiar with the property. CATHERINE MESIANO: Good evening, Catherine Messiano for the applicant. We are here ro Amend the existing permit to add the proposed walk to gain access to the beach. The walkway over the rip- 14 ~af~ and have a set of steps down to the beach. Very simple, very straight forward Any questions? TRUSTEE POLIWODA: No questions just a recommendation. As I went out on inspection. To get to the beach. I found the simplest access to beach was just put a ramp or set of stairs off the bulkhead. Because I basicaltyjumped offthe bulkhead. Walked to the beach. CATHERIN~ MERSIANO: You got vegetation down there and than the rip raft. How. do you get over that. TRUSTEE POLIWODA: [ was going to recommend a four foot beach sand path to the beach. Basically just add some beach sand and make a nice four footpath As we have allowed in the past fbur foot. access path. Therefore them i~no structure. C~RINI~MES~O: Wha~area ofthebayfront are you proposing it. TPGJS~E POLIWODA: Right where you proposed it. It actually would not matter. Because a four foot path made of beach sand is far less environmentally damaging than a seven foot high walkway over the:beach. C~T~ MESIANO: Why are you saying seven foot high. T~IjlS~ POLIWODA: Well you have three and half foot and then you,add in:your handrails. It ends up being 6-1/2 or 7 feet tall. CAT~ MESIANO: We did not propose anything on handrails did we. TRUSTEE POLIWODA: I was certain that you had hand rails. TRUS~EI~ KRUPSKI: I can understand - we were out there in March. I can understand the concern about clearing the rabble. Clear to t~!m edge of rabble and then down onto grade. CA~lr/ERiNE MESIANO: That is basically it is kind of hard. TR~USTEI~ POLIWODA. ~ would like to make the comment from the Goose Creek Bridge. You look up to the north along the whole Southol~d Bay. There is no structure up there. Therefore by putting this structure out there. It kind of ruins the scenic vista. As well as the habkant impact. CATltt~RINE MESIANO: Let me go back to him with that. Talk to him about it. [ do not want to say yes or no. TRUSTEE POLIWODA: Just make a walking path out of same. We have allpwed wood. chips path through baccharis. So I do not see why the Bo~d would not accept it. CATIrlF~RISXlE MESIANO; The rabble does not stop it. Because it does not stop at his property. Walk down steps offthe bulkhead. How do you get up and over the rabble. TRUSTEE POLIWODA: Make a sand berm. CATHEKINE MESIANO: The problem how to keep it there. Would you opp,)se rocks being placed? TRUSTEE KRUPSKI: Gravel you mean. 15 CATHERINE MESIANO: Let me go back over it with him I do not want to say yes or no I am not opposed to it. Again you are more agile than an older person. TRUSTEE POLIV~ODA; 1'hat is why I recommend a ramp. TRUSTEE KRUPSKI: Someone make a IVIotion to Table. TRUSTEE POL1WODA: Let me make a Motion to Table TRUSTEE DICKERSON: Seconde& TRUSTEIgPOLIWODA; All in favor. ALL AYES TRUSTEE KRUPSKI: Did we get anything from Scott. CHARLOTTE CUNNINGHAM: No TRUSTEE KRUPSKI: Can I have the file because the people are here. I wanted to open it. 7. Patricia C. Moore, Esq. on behalf of GILLIAN & MICHAEL WILSON requests an Amendment to Permit #5438 to construct 115' of 4' high retaining wall 6' landward of the existing bulkhead. Plant 6' area between bulkhead and retain/ng wall with beach grass on 18" centers. Located: 590 Tarpon Drive, Southold, NY SCTM#57-1-6 TRUSTEE DICKERSON moved to Approve an Amendment to construct 115' if 4' high retaining wall 6' landward of the existing bulkhead - plant 6' area between bu/khead and reta'ming wall with beach grass 18" centers re-vegetate 50 foot buffer as per approved plans dated Mayl9th. 2003 TRUSTEE KING seconded. ALL AYES. PATRICIA MOORE: That notice should say re-vegetate fifty foot buffer. Because the reason we are here is to re-vegetate. What I did. I was able to get Joe Ingegno ro map out the areas. It is very tiny print we put all of the plantings. You can see it is zoned A B C and the plans that are going to be put m place. TRUSTEE KRUPSKI: Was this something that was submitted yesterday to the Board. Or not?. PATRICIA MOORE: Yes that is the exact same drawing. I got over to Scott Hughes that survey that has the planting list on it. Hopefully, Scott has a chance to look at it. TRUSTEE KRUPSKI: No I spoke to Scott this afternoon and he said he did not have a chance. Because he just got it yesterday afternoon. He will let me know. I got phone call around four o'clock from Scott I was not home. I did know if he looked at it or not. PATRICIA MOORE: He promised me. CHAP, LOTTE CUNNING~M: Scott told me that it was impossible he was too busy. 16 PATRICIA MOORE: My concern is and I left this opened for Scott. I told Scott we need to plant because the DEC gave us a time frame and ~ve were suppose m have done it in April. I fo nor want m have a situation. That we are in violation with the DEC, We have to comply, The reason we are nor doing it. Is because we are here. What I left opened for Scott. Scott when we are done with our planting. He can come inspect what has been planted and if it is not sufficient. He wants us to modify it in some way. Just let Us know. My client is more than willing to arid whatever plants he feels that need to go in. It would help my c!i~t~. Because Bob Jenkins is going~to be the landscaper that is going to do this work. We trust Bob Duroski Nm~ery has been do/ngthis for a long time. We ~h~k that they are gO/ag mao _a ogg_~. It ~toes not h~rt mhave Scott ~ mine ~}.. RI( I.\\ll)ORI: Idrmc t~R[~cd:¢;tdtopi~kitu~fromJoe I.[mcng9 am_l dehx. crc~ it m ~cou. I drm c m~cameback and~hand ¢.,llX_~B. tl: SO did .h~ bc-I Ictsd~ .(. m c_~ the_ short t~me frame, loe ~ a~[uafi~,~us _a gre ~at fav0~,bv ~ ~s mapped out. TR~S~:KR, ~UP8~ ~KI: How did_ th~_,DEC~approve:thi~? ff you jan gr~-t, it yes[~rday, pATR!:~CI~, iV~OO~ We put on this survey what the DEC approved. You wan!eft it ~n more deta/t. We have the plant list the number of plants - the number of plants that the DEC wants us to put on this to plant on t~s pr0p~rty. Tom Samuels is here. He is the one that dealt directly vgilh the iffEC with respect to ttxe retaining wall and that retaining there wiIh a particular planting. Of the beach grass that has to go seaward of the retaining wall and the rest of the vegetation has to be done based.on Chris Arislen recommendations on the plants that were to be used a~d the nomber of plants. 8o we have done everyttfing that the DEC directed us to do. My concern was that my client goilag offto do this planting, We thoqaght it should have your blessing as well We did not think it was going to be something thal was going to take months to get reviewed. TRusTeE KRUPSKI: We ~d not think that a non-disturbance zone was totally going to be wiped out either. PATRICIA MOORE: I think Tom Samuels can respond to that. What the phase of construction and what needed to be done. TRUSTEE KRUPSKh What was done was done, It is not like we are going to stay let us go back and not do something. PATRICIA MOORE: The solution to it is - replant - revegetate that is why we are here. MR. JOHNSTON: Do you have a copy of the DEC plan? 17 PATRICIA MOORE: It is in the folder~ It is not very detailed. This is much more detailed than the DEC. Mike Wilson is here who is the owner. MR. WILSON: As part of getting the DEC approval I got a general lay out of what replanting plan would be. Then later I got more specific numbers as to how many of each plant should go ther~ But the DEC approved the general layout. I added the spec/tic numbers to give you confident that I was putting plants there. That is the plan the Dorowski ts waiting to implement. TRUSTEE KRUPSKI: Thank you. TRUS'TE~ E KINC~.: I am just going over the DEC stuffbecause it is very cp~i~ O~i~nal permit amended twice. FA',~ I9IoORE: Tom why not come up and explain the Cl~onol0~ fcal TO~SAI lintELS: Tom Samuels of Rainbo. There were two a~e, !ts, the original DEC had a four foot wide wa ~lkway. Pe~ W~ay that went clown to the water. But we had a preV[oa~ ~p~ie.nce on another project.. Where we had been told that we eoul~ ~den it enough to get a macl~ine in there and then when we did_ tlS~ hen the v~olation was issue~. So I felt we had to go back to the D~ ?-get Pension to get the equipment. As you know that is the old. b~kyard. We dredge it baek3in 1972 ~ 1973 for Howard Reese s( ~e of yon n~.'ght remember that A~ie. TRUS, ~;FOSTER: Ido. . MR.: fl ~S: It is very dense clay because of my concerns about the p: >~ar area and thelDEC increased interest. I kept progress durin te{~vhole project. We used the PC 300 for very dense clay. Very ~ ~;:~ dig. It was very difficult job. It was equipment intensive job. B y~o~ wonld hke to look at the. pictures. You are certainly fi:ee to. St~ ~i~g from the daywhen you could not see the bulkhead. Actual t ~never saw the bulkhead. Until we got tkrough the bramble that was.~e way when it started. TRUSTEE KRUPSKI: Thank you. TOM SAMUELS: The machine itself is 11.6 wide I think. It has to turn comers and we had an H90 Loader. We dug all the backfill behind the bulkhead Took it back up by the house where the dumpster was. Where we put the old bulkhead material. Took that fill back there. So ~t did no, go into the water way. When we got done. We found out flaere was a~bad elevation problem. The land was lfigher than the btflkhead. Ali the bulkheads down there. So we had the DEC come dow~ arfd they said build a retaining wall. We do not want run- off into the Creek. They gave use some modifications to build a retaining wall. [ unfortunately, looked at the Town Building Code forgetting l~robably because I know that it was a private canal and it was not Trustee Bottom. I should have also spoken to someone about getting a retaining wall permit from you to. That was the error that t8 was made, There was no earth removed from the site. There were no necessary plants taken down. The DEC marked up a plan but I do not believe that was meant to be a replanting plan. Essentially that is the story. He wants to replant. The area immediately belfi~d the bulkhead is backfilled with cleaned sand because we need drainage down there. It is impossible ten'rain. That is the story. We did not want run-off into the Cxeek, That ground does not absorb warex. Great for pottery or bricks. TRUSTEE KRUPSKI: Thanks -What is the Board's pleasure here. Let us move this along, Do you warn m approve this or do you want m wait. TRUSTEE FOSTER: Let us get rid of it. T~,USTEE KRUPSKI: Subject to Scott's review, P~TPGCA MOORE:~ What I suggested to Scott was when it is planted have him come and inspect. TRUSTEE KRUPSKI: Because once it is planted. PA~Rt;~ CIA MOORE: More plants. TRU¢TEE KRUPSKI: We can look at it. There ma.vbe changes in ~le~a~pn, s changes in plant material. PAT~CtA MOORE: All the plant material here is on the DEC list of apgr0glSate.. It is standard list you have seen it a dozen times. TRUS~E FOSTER: Let Scott take a look at it. Ti~U- '~TEE KRUPSKI: We can approve this with the provision that we review it and approve it. Then we can release the permit. PATRICIA MOORE: Can we put a time frame on him. Again the DEC permit was to be planted in April. TRUSTEE DICKERSON: Since we share him with two other depam~ .e¢~ t~s. It is very difficult. TR~UST~E'~': KRUPSKI: We only have him for a day and half. Someone make a Motion. TRUSTEE DICKERSON: I will make a Motion to Approve the request for Amendment 5438 to construct retaining wall plant 6 foot landward of the existing bulkhead. With the condition that Scott iC[~gh,es inspect the re-vegetation area and upon his approval. At 595 Tarpon Drive, Southold, NY TRUSTEE POLIWODA: Seconded. TRUSTEE KRUPSKI: Charlotte may I have the stamp please. & Dwight Isacksen on behalf of STEPHEN CUBELLS request an Amendment to Permit #4291 to extend dock 30' install 3'x15' ramp and an 8'x30' float, two outboard pilings - transfer Permit 4291 from Joan Halhgan to Stephen Cubells Located: 2475 Bay Avenue, Mattituck, NY 144-4-5 STEPHEN CUBELLS: I am Stephen Cubells the homeowner is there any questions? TRUSTEE KRUPSKI: Yes I can picture it now. Actually we have a letter in the file from the neighbor. It came in yesterday, Our family has hved on Bay Avenue since 1990 our propertylies next door, We have read the proposal to extendhis dock. Ill'dr. Cubells extends his dock as he has. c~escribed. Extending it by 30 feet. installing an 8x30 float and installing 2 outboard p~les 13 feet from the float. Will this give each homeowner that borders the Creek an both sides license to do likewise. If this happened the Creek would ra~dly resemble a Marilm and goes on anc[ om That ~0va~ tl!e Board £eeling when we went out there. The Creek itself is p~ubt~c prop~. Ttmt anytime that you go out with a private structures you monopO1/zes ant[ eXcludes it to the public. So we c~n no way We co~d let you go on* any further. Because you dock reallym;semble~?what your nmgbbor s tm e n w. MR. CUBELLS: I ~have so~ae~at~hotos ~jat r wall.tea to ghow you. This is my dock here. Tke reaso~[:fl~,I wanted~to~ex~enc[ k out. The only spot was deep water ~b~'a tiogt ~s r~ght here, ~rhis, is eight feet. Only forty feet is ou~ the regl af ~t as you see is land., So that is why we were gojng out, It is a'deephole a~. d you can swim it. TRUSTEE ICRUPSKI: O~r saggest~onto youis because of the water depth. MR. CUBELLS: The DEC told me that they required a float. TRUSTEE KRUPSKI: What we would allow you to do and a lot of people have done in the Creek in the same perdument as you- a pole out here with a pulley. So you can keep the boat out. MR. CUBELLS: How do you get off the boat? TRUSTEE KRUPSKI: Stem. TRUSTEE POLIWODA: Al, bow in. MR, CUBELLS: I have another question then - Something I noticed that after we filed. The water you can see. I guess it was dredged there is deep enough water to put the boat at the end of it. Would they allow me to put sometl'fing else at the end of it? TRUSTEE KING: A float? Theywill give you a seasonal float in 2- 1/2 and remove it in the wintertime. TRUSTEE POLIWODA: [fi was in your shoes and I needed to put it there I would put a pole right there. Put the bow side here and stem right here. MR. CUBELLS: [have two children. It is a safety issue. TRUSTEE KRUPSKI: The size for a residential dock 6x20. MR. CUBELLS: I have no problem. TRUSTEE KRUPSKI: Just put a float at the end. MR. CUBELLS: 1 have no problem with that. TRUSTEE KRUPSKI: Give us a set of amended plans. MR. CUBELLS: So you want it to look 1/ke the letter T. TRUSTEE KRUPSICI: Ken do you want to approve that. 20 So we will approve it tonight. SubJect to you subm~tt'mg a set of plans that the Board finds acceptable. So you do not have to wait until next month. IVlR. CUBELLS: Can I use my boat, TRUSTEE tCRUPSKI: Use the boat. TRUSTEE KING: Just give. us plans showing us a 6x20. TRUSTEE KRUPSKI: Ken can you make a Motion? TRUSTEE POLIWODA,~ Yes, I will make a Motion to Approve the Amendment m Permit #4291on behalf of Stephen Cub ells to extend a 12 foot ramp attach up to a 6x20 foot float. Do I have a second? TWo 6-inqh~,pi!es to hold the float Ti~,UgTEE:DI}CKERSON: 8~econcled. TRUs~E~;pOLDVJODA: Al1 ~ favor. ALL AYES ~ CL~LS: Thank yon very much. 9. grlLLIAM ~ FRANK request an Amendment to Permit #3619 to repair sheathing on existing 88 foot bulkhead - transfer Permit #3619 from Wilhelm H. Frank to William W. Frank, Located: 1225 Arshamomaque Avenue, Southold, NY SCTM#66-3-7 TRUSTEE KRUPSKI: Ken did you look at this? TRUSTEE POLIWODA: Yes I do not believe that I had a problem with it. All that I recommend that you put a ten-foot non-turf buffer placed behind bulkhead. MR. FRANK: Non-turf buffer. TRUSTEE POLIWDA: Right TRUSTEE KRUPSKI: So when the work is done. Area is all dug up excavated you would not be able to put a lawn back there. You can put gravel, MR. FRANK: That is fmc. TRUSTEE KRUPSKI: What we find to put turf grass up to edge of the bulkhead tends to get fertilized and then you get everything rurming i~o the water. If you put a buffer or something that will not reach the Creek. MR. FRANK: How deep should the gravel be? TRUSTEE KRUPSKI: Up to you. Ten foot wide. TRUSTEE POLIWODA: I believe there was a bow in your bulkhead. MR. FRANK: Actually at the end of my neighbor has a problem there and h~ is going to address as well. TRUSTEE POLIWODA: I imagine you are going to put it in kind and place. That will straighten our. MR. FRANK: Exactly. TRUSTEE POLIWODA: Okay no other comments. I will make a Motion ro Approve this amendment. TRUSTEE KING: Seconded. TRUSTEE POLIWODA: Ali in favor. ALL AYES 21 TRUSTEE KRUPSKI: You have to approve the transfer to. I will make a Motion to Approve the transfer. TRUSTEE FOSTER: Seconded. TRUSTEE tCRUPSKIg All in favor, ALL AYES MR. ~: Thank you 10. DONNA FRAGOLA request an Amendment to Permit #5450 to revise the building plans for house modification, Located: 1145 Gull Pond Lane, Greenport NY SCTM#35-4-8 FREDFRAGOLA: Good evening, I am Fred Fragola- Donna's husband. I have the two surveys that [ would like to show the Board, I will bring them up. TRUSTEE I<2RUPSKI: A separate issue do we have anything from you about shortening the dock? MR, ~GOLA; Everyone is wel/aware that is (cannot understand n9~ Speaking into microphone). That isa separate issue. ,T!~IjSTEE~ ,rF~. I~ ~!~R, ~tYl?SKl: That is a separate issue. We requested that bei?~e/~,e DEC got involved. We went out there before them. MPc F;~GOLA: I cann0t do anything with the DEC right now. As I sa/d 35 you at the last hearing. (cannot understand not speaking into micropl~pne) TRU'8~E KRUPSKI: Everyone satisfied with that. I have no problem ~ells and gutters for mn-off. For the record are you representing the owner? Yes Fine thank you. Do I have a Motion m Approve that #ON: Seconded. All in favor. ALL AYES 11. PAUL NAHAS request an Amendment to Permit #5622 to allow for alterations to the plan to conform to the 75 foot setback and to allow for 400 cy. of fill to be brought on site. Located: Corner of Crittens and Beachwood Lane, Southold, NY SCTM#70-12~17 TRUSTEE KRUPSKI mo,ked to Approve Amendment to Permit a5622 is going to be/man:al as far as any affect on the enwronment to allow for alterations to theplan to conform to the 75 foot setback and to allow for 400 cy. of fill to be brought on site with the modification that the ran-off to the west be addressed so that does ~tot hnpact the neighbor on the west side- stake ro,w 0fhaybales be used on the ltmdward end of the non-disturbang~ bu~ be p!ae,ed ctmSng cons .~tmctio. n and:until a lawn area i:s es~abli~?e~- haybalemat the se~w~d ~¢~ ,of me b?m area placed until that berm area is wegeta~d; ~KUSTEE,O~C~PLSON seconded ALL AYES TRUSTEE KKUPSKI: We got a letter from Mike Verity from the Buildiag Department- Arfie take a look? Do you have any concerns here? One, quegt~on for the applicant? ERIC 9RESSLER: Fgr the applicant, Erie Bressler, Wickham, Bresster Gord°n andGeasa does the Board Eave concerns or questions about this particular application? TRUS;TEE,;T5 KRUPSKI: There was a technical question. ERIC BI}~ESSLER: We have the technical people here. TRUSTEE KRL~SKI: Who ~s the owner of the property? Is that listed reader the application? ERIC B~.ESSLER: That would be on the authorization. Should have the conse~ans in there. CHARsLOTTE CUNNINGHAM: It is marked with yellow. TRUST'EE KRISPSK[: Thank you. Artie do you have any questions for the .applicant On this? TRUSTEE FOSTER: Not yet. TRUSTEE KRUPSKI: We have the DEC permit enclosed here. Does the DEC:permit consistent with what is on the table here? ERIC BRESS~LER: That is the reason why we are here. The apphcation for the amendment is to conform to the current DEC permit. TRUSTEE KRUPSKI: The DEC permit shows 850 yards of fill. ERIC BRESSLER: Yes it does and we are ora mind with the reduction of that to 400 plus or minus yards of fill is not something that would be deemed by the DEC to be inconsistent. We do not feel the need to go back and confirm that. I said it conforms with respect to location and the other site features. It is our position the DEC does not often object to movement in that direction. There was a concern from the Town that we use only that was required. That is what the figures reflect here. TRUSTEE KRUPSIG: Peggy 23 ERIC BRESSLER: I ttfink that we have come up with a compressive plan that addresses most of the concerns and it is gomg to be some expense to us. We think it is the tight thing to do. TRUSTEE POLIWODA: The only question that I have Al ~s concerned the legal advise is it neutral on those grounds and can we amended it? TRUSTEE KRUPSKI: If the run off/s being conta'med on the site. We assume it is being contained now, That is why we asked the applicant to contain the run-of£ TRIJSTEE POLIWODA: It is consistent w/Ih our policies on buffer ];RUSTEE KRUPSKI: The only thing that I could see that could be a ptob!~ern is on the west side of the house, You are going to have a house and it is going to slope pretty hard down to the west. If you eliminated the fill fi.om the west side, If you eliminated this. ERIC BRESSLER: I/the Boardhas question about the drainage and tke slopes we do have the engineer here to address any issued that you ~a~y have. MEN: From when I spoke at the last meeting we had. You penile said this plan to put this ~mount of fill and put that house. Mrs. Vrs-~ house i~x the back is going to be right where she is going to be a mountain and if you were living where she is going to be living and have'this type of construction going on. Right on your side of the line, Then a house on top of all that fill. I do not think you people would enjoy that either. The other part is when you start talking architect and the ~nsu-ucfion. If you look on that one drywell drain in there and then all the markings on it, Go down away fi.om the drain after the dFywell, Everything is going down and it is heading to the Creek. The wetlznds~ So with all the fill that they want to put in. I do not know what letter your received from the Building Department but by going back all this distance and the C&R in om area. SLy that the backyards shou&d be twenty five feet from the adjacent proper~y. It is not twenty five feet. There is plenty of room to move that honse forward, To retake the front look great, The backyard is g0ing to look ~vorse. When you get ever to where the cesspools are. Are those cesspools all connected to one another and ten foot off the :other property line and how much fill is going to have to put on those cesspools. TRUSTEE KRUPSKI: Arfie looks like some fill added for it. TRUSTEE FOSTER: It will have to be. TRUSTEE KRUPSKI: [ think that the question there which we are going to ask the Engineer in a moment. That is what my question was also on the west side of the house. We had asked run-off for mediation on the water side. Which was competed. Thai premeditated in the small area. On the north side you show a substantial mount of fill and is broken down_ Which is basically. 24 GENTLEMEN: (Another gentlemen never identified himself.) This is a better situation than what was previous approved. We have much higher slopes and higher grades. TRUSTEE KRUPSKI: Artie can you get on this. TRUSTEE FOSTER: Let me in on it. ERIC BRESSLER: Basically what we are saying that it is a better plan al/around. GENTLEMEN: When we spoke with the Town Engineering Dcpartmem we had the primary drainage was fiowing fi:om lot 21 across this property into the intersection into Birchwood Lane. The To~v~n~Engi~eelSng DePartment they want the flow com/ng out on Bimkwood Lane (cannot understand) The only question that we came up xx.t~. !~i,!~ix c I~ ii:.¢ cC,~l~ol~ yes or no. They are close To groUnd water s?.tumion :i~l~i thc Su!',b!l, (3ounty Departm~n~ of Heatth what was PreScmed ~s'~vhat mS al~rO~red. When w~ome ~n tl~ere it ms not a speC?al ~e~ement but ifma~ a better giun'th~ only thing is that septic t'a0k~is side ways. A l~ttle bit ofincgease d~st~e to the ~ror~rtv ,line P~S-'~ E'~STER: You have an approved plan fi:om the Health Dep.~. GE~I~EN: Yes. TRIJS EE FOSTER: This is the plan. TI~IJS g~ KRUPSKI I am looking for a stamped co ? TRUS E FOSTER: I was wondering what the existing elevations wero? ~etafion to the finished elevations. TPdJS~ EE KRUPSKI: They should not verse the flow at this point. ERIC ~ ~SSLER: I think t~at is the issue TRU~ST~X~K/~UPSKI: The permit that was issued that is what we are looking at. Ken I still have an issue with the drainage that I br~o,ught up before. Ii'th~s flows this way. Eventually it is going to make it s way back around. As opposed to containing it here or keeping this side yard neutral with 71 61 67. Keeping this back yard level. So that it is nox going to go. It has gone this way. Now it is going to go this way. Th/$ is going to be lower than that. Does it show the water depth elevations? The septic area showing lower than the neighbors. It is the area in here 8 and 7 all the water fi:om this~ide of the driveway is going this way. As opposed to holding th/s level. Well all this should be contained. This should be contained I will ask the engineer this. The concern is that area the wetland s~de of house roof nm off should be contained in the drywell any surface water. Our concern is that it is contained in the swale area. The swale are exactly lower grade. Where the berm ends here. The question is Artie is this under the Moratorium? Is this going to be positive or neutral which was originally approved.. TRUSTEE FOSTER: It has to be positive or neutral to act on it. It is negative we cannot act on it. 25 TRUSTEE KRUPSKI; This is what they have, they have the house the driveway got the cesspools - The cesspools are about the same. There is no fill still the fifty foot - 400 yards. How is that fill going to affect our~urisdiction~ You put in there as opposed to not having fill in one spot. Hear what Ken's point is. GENTLEMEN: What we are saying is th~ placing of the fill. Cannot understand nor speaking into microphone, TRUSTEE KRUPSKI: The original plan had drywells for roof ran- off. No fill. We really cannot force the C&R's. TRUSTEE DICKERSON: It is still an issue but nor in here. TRUSTEE K~ .Ut?K!4~' ~' Is~it absolutely r~eeessa~ to have all this fill, Take a f~oot off this. Graatect you will h~¥~ more foundation showing. you can p~ant- foufl/iation, plants. If you reduce this,by a foot you will reduce, ~fdl, GENTLEMEN: Not a lot because again if you look at the ckcle. TRUSTlgE KRUPSKI: I do not mean that. My concern this side right kere. T!ien you would also minimize the run-off. A foot is something, I da nofme~ the whole ares_ I do not mean to make this 6 and 5. Bring this down grade. You make the swale area larger ERIC B~SLER: None the less we are trying to be good neighbors. So part ~fl~,,e answer to that question is. (~carmot understand) TRUSTIi~E KRUPSKI: I am specially concerned about- I know what you mea~,~ lam not disputing that I am jug saying. GENTLEMEN! Dumping water onto this property. TRUSTBX] KRUPSKI: I am not worried about Mr. Nahas. I am talking abon~ how this is going to affect who ever liyes next door. Again it does'~aot matter. But the fact is the water being redirected there. ~hat is a small area and I know I am harping on this. If you reduce the elevation by a foot right around the house. You would significantlyincreasethe swale area. Eliminate nm-offi TRUSTEE POLIWODA: Put a foot of mulch around the basement. Put mulch and plantings. TRUSTEE KING: The big problem seems to be all this exposed foundation. TRUSTEE I<2RUPSKI: We want to know the imnimum first floor elevation? MR. NAHAS: (caunot understand TRUSTEE KRUPSKI: Not ar all this is not like school at all. This is how the amount of fill is going to affect the wetlands. We are trying ro minimize the amount of affect. MR. NAHAS: You want ro have a minimum first floor elevation. Cannot understand TRUSTEE KRUPSKI: We did not say to you. Okay you have to build a house here. Southold Town is not saying that you have ro build a house here. That is the thing. It is just that you want to build a 26 house and we are trying to mm/mize the environment of that house. It is not you. Because anyone who wanted to build a house here. ERIC BRESSLER: You want the drainage on the backside. That is no problem. I will tel1 you that on the backside. You are going m suffer your loss. I do not want to do this. But we have the right to do this. We come in outside of your jurisdiction and buildthehouse. I did not want to do that. We have the ~ght to do that. So what we wanted to do. It makes sense. TRUSTEE ICRUPSKI: Someone say sometb_ing. Do you want it staked/n the f~eld a new drainage plan? TiLUSTEE POLIWODA: ][f you want to build it without the berm on the Wet~ side. i think ~at is worse: I think that the nm off would go into ~h¢. we{lands. TR~UST~E KXUPSKI: I am not talking about that. [ am still after a red~fion of fill om"'tb/s s~de and reduction of fill on this fide. ,So that it is ~!r~ ~bgck and they do not have to bother the neighbor s ago ,as lV r. m Ssler said. TRUSTEE P~J~ODA: You want to go from nine feet to eight feet to meg ~eir covenants. Put mulch mound and plant the plantings. You can cm off several hundred yards of fill. TRUSTEE KRUPSKI: We are worried about the environment. We have permitted a lot of things that do not look right. Beheve me. The fmisher~ elevation (cannot understand) ERIC BI~ESSLER: You know the nm-offifit stays there. TRUSTEE KRUPSKI: It is a total fill. The. fiuished elevation. I would rather see no fill. Because if you put in a structure then it becomes more complicated. MR. NAHAS: Again I would have to turn the septic into the house. TRUSTEE ICRUPSKI: The neighbor is 6 7 here. You are 6 4 so you are lower than that. I do not have a problem with that. MR. NAHAS: Again that is relevant. TRUSTEE FOSTER: Does anyone want to be a trustee? Come up here. ERIC BRESSLER: What I am suggesting to you little over a foot (caimot understand) over fifteen feet is not going to generate a large amount. So if you want us to do that. TRUSTEE FOSTER: Do not keep looking at me. I told you how I felt about it. So just keep looking at me and make me the bad guy TRUSTEE KRUPSKI You are not the bad guy. ][just want to ask if he is in the ball park. TRUSTEE FOSTER: I was listening to what he was saying. You drop a foot in fifteen feet. It really not very much. It is almost flat. TRUSTEE KRUPSKI: It is not really you Mr. Nahas. It has nothing to do with you. It is not personal. It could be anyone. ERIC BRESSLER: I/you take into consideration. We are not talking about the issue. It is not a lot. Meet you halfway and we consider not 27 to be a drainage problem. Drop three to four feet, Still I say not much. It is notlfing. TRUSTEE FOSTER: It depends on what area you are talking about. You are going from fin/shed floor at twelve feet to five feet. So how much is that. The fill is much lower than ~that. Look at your contour lines on there. From the edge of your properey up to the edge of the house. TRUSTEI5 KRUPSKI: What side? TRUSTEE FOSTER: Any side. It is a matter of a couple of feet m how b~g an area, We are willing to meet you half way. l£you are that concerned abont it. Build it we going we are going to be : a decision. I railings on the pOrch,or muick Could we not stipulate? I I,~'l( BRI .~NI.12R: t s c0mingback, Whatever satisfies you? IR'I SI I.I KRI I~M,~: The orfly issue that we have here is e~x*rrO~ ~lly with tha grade That is the only issue Em B~ ~ER:'We Can meet thgt ' ~m~ Z: You can table this and come out for a field inspection an,d~{ee, m ~.~an~ g~e,s mad~e o~n theplan. TK ~, ~,$~ ~RUP~KI: We have ~ee-n out here I ti'fink twice. ~O .: NOt with these changes. TR?$'~ ~ILRUPS~: l~onestlvwg have been for the record. We have be~a our there~with these changes in mmd. To be honest 850 450 to, me it ~0~ not make a difference when I look in the woods it is kind of hard to visualize the diffeJ'ence between 850 and 450 is just a number. TRUgTEE FOSTER: The difference between four acres and an acre of tomatoes? The plans that they are giving you here are what they are goi~ng to do. It is going to address the situation. If it were 800 yards theywere going to put in there. They put a comprehensive plan down what they are going to do. To address the rtm-offissues. TRUSTEEICRUPSKI: You are looking at. Basicallywhat we looked at. You are looking at 6 feet elevation. You are looking at a £mished floor. Six feet. TRUSTEE FOSTER I know what if you have a problem GENTLEMEN: Six feet where you are standing and six feet where I am standNg. Is different. TRUSTEE K_RUPSKI: No no I mean six feet offthe arade. ERIC BRE~SLER: By the way based upon our findin~gs our foundation is no higher than the neighbors. We had them surveyed. 28 Let us be honest and up front with you guys. We had the neighbors surveyed and got the evidence. NEIGHBOR: I would like ~o see it in writing. TRUSTEE FOSTER: Personally I do not care if the foundation is fifty feet in the air. I am just concerned about the dirt. TRUSTEE KRUPSKI: Are you satisfied with that? TRUSTEE POLIWODA: lV~eets our policy sethaeks. They are giving us a drainage plan. TRUSTEE'FOSTER: Put cond/tions on the permit if the drainage is inadequate they w~l have to add more. Instegd of putting one ring or they cm~put two. If one dges not do it It probablyis going to silt up am; ay. eean e ey': e T~2U$~]~mupSKI~: Keg &you~mak¢ aMotio~z Since this is not a hcafine xq~ do not l¢.x ,? [O ,'h~>c it. IRI SI I I"P()I.I\\ OI).k: \\ h.'~: co!:dhio!!s do youwanr? Yourattled o1'1'~ I,t:::ch O~'CoildJLiOIl'-;, kY!!.\ do;.~'~ 3ot~ make the Motion? II{I h'l'l KRI'I~SKI: I ndqr !he xic~.~ ol'lheBoard andnm~rous lick! hi~pcciio,,. I I:c II~.'l:'d :kl> tlc:¢l'i::Jncd that this amendmem to the ~:ppliC:il[O::'Pcrnfit 561~2 is.2~;oin.,_. IO be ncatral as far as the affect on the ~aviTo ~.$.inent. ~t wonle ~Itg ad:.versely impact the environment. T,ha~dc 3~0t~ There£ore,l~e21 t r~01~ed I win make a Motion to APP~'o~g tl~ appli~a~ion~ fc ,r.~e A~endment. i will mae a Motion be apP,r~e~!~ the'moth i~(~that the run-off on the west side of the proj~l't).:13~ p. Sd:.c~ci~. (~ol t, ~ j~ ~:~cl ,m &e neighbor on the west s/de. I]l/ [' IIRl?;.hl.I.R: ()k~:.x. hanl,~ qo much. TRI' .,, I I-I. Kill PSI<I: I,Idl [rev imlc> be useda staked row of hay ba~ at ~th~ ~md ,warc~ edge. ~>f~ .~1~.~ non-disturbance buffer Be placed dtlr~, n~.~taoq lJ~fi~ a I area is established. ~ST~i~U~S. Ki~ ~: lla?¢ ha, les at the seaward side ofthe berm arcm P~ac*~l m~tit that b~ area~ vegetated. DO ~ ~a~e a Seconded~?. Ti~US~!~UPSKt: All in favor. ALL AYES 29 12. William A. DiConza, Esq., on behalf of SIIAWN & JOLYNE FITZGERALD request a Waiver to erect an open split-rail fence within 100 feet of Wolfe Pit Lake. Located: 485 Paddock Way Mattimck, NY SCTM#107-4-2.1 (POSTPONED AS PER AGENT'S REQUEST) 13. ROBERTKRUDOP request transfer of Permit #365 for a timber dock consisting ora 4'x16' hinged ramp and a 6'x20' float secured by (2) 8" pil'mgs in the name of Jotm Dempsey to R6bert Krudop. Located:-4650 Ole Jule Lane, Mattituck, NY SCTMgI22-4-34 TRUSTEE. POLIWODA moved to T,4BJLE the at~plicafion go on F~eld Inspection 6/11/03, TRUSTEE DICK~RSON seconded ALL AYES TRUSTEE KING: Transfer? TRUS~ !~ KRUPSKI; The dock was not there. CHAg DTTE CUNNINGHAM: I think it is a seasonal dock. TRUS~>v~' ~E KRUPSKI: Charlotte tbJaks it is a seasonal dock it shows on ~,e~ ~ey ofhst year. I do not remember a dock. The house was non-j~ ~di~t/onal and ~he pool. TRUSS ~ POLIWODA: I,Jo the dock is not there. Dock was over here~, ~wh?re TRU8 ~JJ~ JL~L~UPSKI: t do not ever remember a dock. TRU~ ~,KING: I do not either. TRLr~ }~ 5UP. SKI,' No there is nothing here. It is abig lawn. TlkUS; ;~ ~IC~SON.' So we are transferring something that is not there. TRUSTEE KRUPSKI: Only they're on paper. It was there last July. That;is pretty recent. TRUSTEE;POLIWODA: How wide is the canal? TRUSTEE.KRuPS, KI: That is it. TR~StI'EE pOL ]i~ODA: It is a dead end , TRUCE KRUPSKI~: It starts here at the neighbor s property. I think e b~tter look at ~t. TRU,..S~T' E~.. KING-~. I thhlk it would be a good idea. TRUe. ~ 2~SK!: Iylake a Motion to Table the application. TRU'SrlTEE DiCKERSON: So moved. 14. V~ALTER E. ERICKSON ESTATE reques[ a one year extension to Permit #538I dated July 25, 2001 to install 77' retaining wall not connecting - starting at the north concrete wall of the neighbor's to the 30 north extending through the flag pole to the southerly property line in a straight line with the stipulation that the seaward side of the wall remain undisturbed and backfill and leveling may occur. Located: 2950 Minnehaha Blvd: Southold, NY SCTM#87-3-42 TRUSTEE KRUPSKI moved to Approve with the condition that the backfill and leveling occur on the landward side TRUSTEE KING seconded. ALLAYES TRU-SrrEE KRUPSKI: It should say on the landward side. Does aily0ne remember this one? TRI~STE~ KING: Vaguely TRL[SiTM KRUPSt~: I will make a Motion to Approve this with that chmae. TRUSTEE KING: Seconded. ~Jz0TTE CUNNIGNIJAM: On the landward side. TRUg~EE KRUPSKI: All in favor. ALL AYES 15. BEIXEDON DREDGING ASSOCIATION & JOHN J. NICKLES request an Amendment for Permit #5314 dated May 1, 2001 to a Ten Year Maintenance Permit. Located: Inlet to Petty's Pond ~ Town Harbor, Southold, NY SCTM#66-3-14 TRUSTEE KIYNG moved to APPROVE Ten Year Maintenance expires April 30, 2011 TRUSTEE FOSTER seconded. ALLAYES JOHBI NICK_LES: H/~ Jotm Nicldes if you have any questions I would be happy to answer them. Otherwise I am going to slow your progress down. TRUSTEE KRUPSKI: We were moving along here. JOHN NICKLES: Just trying to get this to conform to the other permks. TRUSTEE KRUPSKI: When do the other permits expire? JOHN NICKLES: The other one is DEC is six years, From 2001 and the CORE of Engineer's is Ten Years starting in 2001. TRUSTEE KRUPSKI: Ihave no problem with that. Extending it - 10 years fi.om 2001 TRUSTEE FOSTER: They should run concurrent anyway. TRUSTEE KRUPSKI: Maintenance dredge 300 cubic yards of shoaled material from maximum depth of five feet. That is what I wanted. The dimensions are 35x150 feet. Dredge spoil mean high water on the eroded beach to the lot west of the inlet Spoil site will be planted with Cape American beach grass. Does it need to be dredged again? MR. JOHNSTON: Is this trustee bottom? TRUSTEE KRUPSKI: On a Maintenance Dredge we usually do not charge.. 31 Someone hke to make a Motion? TRUSTEE K1NG: [ would like to make a Motion to Approve TRUSTEE FOSTER: Seconded. TRUSTEE KRUPSKh Ali in favor. ALL AYES TRUSTEE KRUPSKI: We will go onto the Public Hearing. Do I ?aave a Motion to go off the regular meeting? TRUSTEE KING: So moved. TRUSTEE DICKERSON: Seconded. TRUSTEE KRUPSKh All in favor. ALL AYES TRUSTEE FOSTER: Sure you do not want to stay around for another three or four hours. JOHN NICICJ_ZS: I do not want to be a Trustee either. IV. PUBLIC HEARINGS: THIS IS ,4 PUBLIC HEARING IN THE MATTER OF THE FOLLOWING APPLICATIONS FOR PERMITS UNDER THE WETLANDS ORDINANCE OF THE TOWN OF SOUTHOLD. I HA VE AN AFFIDA VIT OF PUBLICATIONS FROM THE TRA VELER- WA TCH]4AN; PERTINENT CORRESPONDENCE MAYBE READ PRIOR TO ASKING FOR COMMENTS FROM THE PUBLIC. PLEASE KEEP YOUR COMMENTS ORGANIZED AND BR1EF FiVE (5) MINUTES OR LESS 1F POSSIBLE L KRISTINHORNErequestforaWetlandPermittorelocateempty6'x8' wooden shed from residential Lot # 114-1-11 to vacant Lot #114-1-12 wooden shed to be set on six (6) cinder blocks. Located: 3240 Westphalia Road, Mattituck, NY SCTM= 114-1-11 &12 (POSTPONED AS PER APPICANT'S REQUEST) 2. CYNTHL4 KAMINSKYrequesr a Wetland Permit to reconstruct deteriorating wooden dock. Located: 80 East Mill Road, Mattituck, NY SCTM#106-04-03 TRUSTEE POLIWODA: Is there anyone who would like to comment on this application? As well as number 3 - James B. Kaminsky request Wetland Permit to reconstruct deteriorating wooden dock located 100 East Mill Road, Mattituck NY - you may comment on both o£them. 32 CYNTHIA KAMINSKY: No comment - I am just here to answer any questions you may have. TRUSTEE POLIWODA: Let me see what you have here. In my judgment it looks like i~ is ordinary and usual repair; If there are no other comments I willmake a Motion to Close the Public Hearing, TRUSTEE DICERKSON: Seconded. TRUSTEE POLIW'ODA: All in favor. ALL AYES I will make a Motion to Approve the repair of these wooden docks. TRUSTEE DICKERSON: Seconded. TRUSTEE POLIWODA: Ail in favor. ALL AYES $. JAilIESB. KAM/NSKYrequest a Wetland Permit to reconstruct deteriorating wooden dock. Located: 100 East Mill Road, Mattituck, NY SCTM# 106-04~04 (Same as above) 4. ANDREWNIKOLICH request a Wetland Penuit for Ma'mtenance Dredge 10 foot x 80 foot area long side existing bulkhead - Refurbish existing 6'x40' float. Replace deteriorated styrofoam flotation with vinyl floaters and replace existing CCA boards with 5/4" trex decking - Reconstruct existing deck. Located: 850 Budd's Pond Road, Southold NY SCTM#56- 05-15 TRUSTEE DICKERSON: Is there anyone here who would like to speak for or against this application? Approval with conditions CAC recommends approval with the condition that all areas except the boat ramp be re-vegetated with natural plantings. TRUSTEE KRUPSKl: That must be an old one. TRUSTEE DICKERSON: CAC recommends that the proposed 6'x40' float is redtmed by a 6'x20' float - dredge location. TRUSTEE KRUPSKI: I think that they have one. TRUSTEE POLIWODA: It is way up in the canal. TRUSTEE KRUPSKI: I think we should keep the 6'x40'. ANDREW NIKOLICH: I am the applicant. TRUSTEE KRUPSKI: We like your buffer in the front there. It is very nme with stone. ANDREW NIKOLICH: Yes TRUSTEE DICKERSON: We did not have any problem. TRUSTEE ICRUPSK1; Then make a Motion. TRUSTEE DICKERSON: I will make a Motion to Close the hearing. TRUSTEE KING: Seconded. TRUSTEE DIC1CERSON All in favor. ALL AYES. I will make a Motion to Approve the Wetland Permit for ANDREW NIKOLICH for maintenance dredge ten foot by 80 foot area and a float 6'x40' replace deteriorated Styrofoam floatation with vinyl floaters and 33 replace existing CCA boards with 5/4" trex decking. Reconstruct existing deck. Is there a seconded. TRUSTEE POLIWODA: Seconded. TRUSTEE DICKERSON: All in favor. ALL AYES ANDREW NIKOLICH: Thank you. 5. Julia Pleitez on behalf of ROBERT K. SCRIPPS requests a Wetland Permit to demolish the existing garage and rebuild a garage on a new fotmdafiort with the same footprint. Addition ora balcony on posts max. 5'projectingon east. side and addition ora staircase on the south side projecting 3" ""'-6' LOcated: 2475 Pine Tree Road, Cutchogue, NY SCTM#104-3-6 (POSTPONED UNTIL JI."NE AS PER TltE AGENT'S REQUEST) 6. TRAVIS & BETTYRAUCHrequest a Wetland Permit to remove dead trees - harvest'firewoOd and improve access of property. Located: 2704 Lone Creek Drive, Southold, NY SCTM#52-7-I 1 & 13 TRUSTEE KING: Anyone here wish to comment on the application? MS. RAUCH: We were given a summons for selectively cutting some small trees that where interfering with big trees. We removed some dead trees along the wetlands that we were going to replace with some beach palm or beach roses. We picked up the dead wood and sliced into fire wood. That is what we would hketo have a permit to c6nfinue to do. TRUSTEE POLIWODA: llas the DEC been out to your property? MS. RAUCI~: What for cutting fire wood? The. DEC says there is'no problem With collecting fire wood. No permit is needed. I got the roles and even came in here and asked and they told me that there Was no law against cutting trees. I did not tryto do anything that is illegal. TRUSTEE KRUPSKI: 1 do not think it is the trees that Was the problem. It is baccharis - high tide bush - that is protected under the Town Code. MS. RAUCH: Excuse me. TRUSTEE KRUPSKI: There is a bacchads or high tide bush that is protected under the Town Code a great deal of that has been cut along the edge of the water. MS, RAUCH: Excuse me, we did not disturb the roots at all. We cut the dead part off. We were going re replace with Beach Palmsi and Beach Roses. What good are they if they are dead. I have some more dead things going along the driveway that I would like to do. But I stopped everything. TRUSTEE KRUPSKI: Why did all that die? That is unusual. MS. RAUCtl: I have no idea how it died. I have been there three years. It has been dead for three years. 34 TRUSTEE POLIWODA: As a Trustee, Ibelieve I did not see anyBeach Palms in the area. MS. RAUCH: No I want to plant Beach Palms. But, they told me not to do anything. TRUSTEE POLIWODA: That is not part of the existing 6mvironment there. We have baccharis there which certainly. MS. RAUCH: What would you like me to plant there? TRUSTEE POLIWODA: Baccharis MS. RAUCH: What is that? TRUSTEE POL15VODA: What you cut down. MS. RAUCi:I: I do r~ot know ? Dead trees TRUSTE~ KRUPSKI: What YOu are going to have. to do is give us a IYfS. Po~IgC~I: Well you told me to stop everything. So I did nor go find our what lean plant arid what I cannot plant. I did not go to nurseries I stopped e ,veryth'mg. TRUSTE~E KRUPSKI: Now you can start, I guess? Find out and get a plantingplam The CAC has recommended disapproval and they recommen~d one hundred feet be re-vegetated. MS: RAUCH: [ did not un-vegetate a hundred feet. It is only about thirty feet wh.~re t cut down the dead trees and wanted to plant other things. TRUSTEE KRUPSKI: What is the Board pleasure? MS. RAUCH: I wtll plant whatever you want me to plant. I would like to get in there before it does not grow. TRUSTEE KRUPSKt: Sure. Peggy what do you suggest? tRUSTEE DICKERSON: I was going to say. Unfortunately, we are working on a plan with Chris Pickerall. TRUS~E KRUPSKI: I do not want to contact Cl~'is. TRUSTEE D1CKEI~SON: Too bad that work has not been done. tRUSTEE KRUPSKI: She could contact Scott, Get some recommendations. TRUSTEE POLIWODA: I would highly recommend baccharis. It is a natural sea specimerc MS. RAUCH: I had a call last week to come up with a plot plan. But I did nor have time. I have to go to the nurseries or call the nurseries. [ have called several nurseries and not one of them has that to plant. Can you tell me where Ican get it? If you tell me where to get it. TRUSTEE DICKERSON: Plantings bythe Sea has it. MS. RAUCH: I have not called them. TRUSTEE KRUPSKI; What we need is a plan showing that replanted and the number that you are going to have re-planted. MS. RAUCH: Can't I just replant it and take a picture and bring it in and show it ro you. TRUSTEE KRUPSKI: Because someone sitting right there in the middle row who has submitted comprehensive plan for re-planting. 35 MS. RAUCH: IfI had known that I could have done that too. But now you are going to wait another month. To have this happens all over again and I still cannot plant? TRUSTEE POLIWODA: I would like to recommend that these be hand planted no~ a massive plantings. MS. RAUCH: I would not do that. I want to plant and I want to plant now. So why don't you tell me. How many th'tugs you want in there? TRUSTEE POLIWODA: About two hundred. 1V~S. RAUCH: Two hundred in thirty feet. I would say over one hundred CUt. TI~USTEE ?OLIWODA.' There were at least one handred bacchans cut there. MS. RAUCH: No there was not. Eight big ones, the roots are there. I did not take the roots out. Ti~USYI'EE KRUPSKI: The whole area has been de-vegetated. That is why ypu really have ro come up with a plan that we can approve. Or we can have.our environmental planner go out there and approve. Instead of jas~ stranding here. It is dark outside now and two miles away. We cannot really tell. MS. RAIYCH: You were to come for an inspection last week. I took off fre~m work and you did not come. TRUSrI?EE. KRUPSKI: No we did not go last week. We went last month. MT:-- ,r~,.RAUCi_i: Z got a notice that you were coming for an inspection last Ttiurs~lay I think it was. TRUSTEE KRUPSKI: Sorry I was unaware of that. MS:. RAUCH: I waited and took offwork to find out what I had to do and no boc~y showed up. TRUSTEE KRUPSKI: At any rate, you are going to have to do. We have to set some clear'mg limits there. We do not want to re-visit this. MS. RAUCI-I: I do not want to come back here and sit all hight. Just to find out, that I can put some plants in. What about the dead firewood? That I am picking up and burning in my fireplace. TRUSTEE: KRUPSKI: In a lot of areas we have a fifty foot non- disturbance buffer and all that dead material would become habitant for different animals. MS: RAUCH: I have eighteen and half acres of habitants. [ think that some of that should be for me. That I can walk down to the water. That what Iwas using wood chips to make paths so that I would not have to walk over wood~ and trip. TRUSTEE KRUPSKI: I do not think that anyone has objections to you have access to the water. MS. RAUCt:I: But ifI cannot pick up the dead trees I cannot. TRUSTEE KRUPSIG: But that is clearing. MS. RAUCH: I took down a chicken coop there. But I never got a chance to talk to you people. My husband invited you in the house and you would 36 not come. Then you did not show up for the last inspection. I am not saying that is wrong. But I did take off work to find out what to do. TRUSTEE KRUPSKI: I was not aware that we were going out there. We all went out in field inspection together. MS. RAUCH: Who is this Scott. Maybe [ can call trim and he can approve the plan. That I do not have to come and speak to you again. TRUSTEE KRUPSKI: You would have to come back. His telephone number is 765-5711. MS. RAUCH: No why would I have to come back agmn. If he approves a plan. TRUSTEE KRUPSKI: You would not have to como back. If he is going to approve some plantings. We could just approve you and you not have to come back. MS. RAUCH: Does it have to be at a monthly meet'rog. Or can you ali get together in the Office and approve it. So that I can plant it. TRUS~ KRUPSKI: Under the growing conditions. We might try to approve it earlier. TRUSTEE POLIWODA: We could stipulate approval upon Scott's approval. MS. RAUClCI: That would be good- thanks. Saves me from coming back I can get th~ plants in the ground. But what about the fire wood and paths? That I was making with the chip wood. TRUSTEE KRUPSKI: Put on your survey the location of the paths and cleared areas that you want for your converdence. Other areas should be naturalized and should be left undisturbed. What you want to do is you want m say which areas that you want to clear so you have access to the little shack out there. You want access to the water. You will have to work it out with Scott. So that you can have access. We will not deny access. So that you always have that access marked on your survey. Do you have a current survey?. MS. RAUCH: No this is the same as it is right now. TRUSTEE KRUPSKI: We would like a survey with elevations. You do not have to come back again. We will leave it up and you will make a plan. We will go with what Scott says. He will have to go and look and'make recommendations. TRUSTEE KING: I will make a Motion to Table this until we get the plan from Scott. TRUSTEE DICKERSON: Seconded. TRUSTEE KING: All in favor. ALL AYES. 7. PAUL SCHINELLER request a Wetland Permit to cut down approximately thirty (30) deciduous trees located within 100 feet of tidal wetlands - plant evergreens and shrubs of local variety such as Cedar, Spruce, Bayberry, etc. - keep turf at least 50 feet away from Tidal Wetlands use only pervious ground cover such as wood chips, etc. Located: 1435 Wells Road, Peconic NY SCTM#75-06-13,2 37 TRUSTEE KRUPSKI: Would anyone like to speak on behalf of the application? PAUL SCHINELLER: I am the applicant. I have here for you a brand new survey that shows a fifty foot buffer zone. TRUSTEE KRUPSKI: CAC actually approved this. They want the trees cut off and no~ removed. They want them cut to the ground. PAUL SCHINELLER: The wetland line and the fifty foot set back and as I say/r} my little note here. Bas£cally what we are trying to do is trying to cut down some trees. As a matter of fact we staked those lines out on the property. TK]USTISE ~ :I<~K. UPStCI: I will make a Motion to Close the hearing. TR:~JSTEE D~CKERSON: Se;onded. ' TKUS'I~EKRUPsKI: All in favor. ALL AYEs It will 'wi,l/ make a Motion to Approve the application as submitted PA,U~,~ $~C~LLER: Th~yun. TRt~$'~ ~gG: Seconded. TRDSI~li~ ~UPSKI: A~ in favor. ALL AYES. & THE LAGOONA$$OCIATION request a Wetland Permit for a Ten (10) Year Maihtenance Dredge entrance channel to -6' MLW place dredge material down.beach. North of Aborn Lane- South of Bridge Lane, Nassau Point, Cutchogue, NY SCTM#118-2-11.4 TRUSTEE tCR:UPSKI: Any comments? TRUSTEE POLIWODA Permit in place? TRUS'I~EE KI~UPSKI: Permit was granted, CAC grants approval. TRUSTEE POLIWODA: Is k a permit for six feet. MR. MC.DZFEE: The DEC permit is five feet. TRUST~.,,POLIWODA; That is my only co mmem.. TRUSTEE KRLrPSKI: Do,you know what the DEC permit runs through. Do you know? MR. MC DUF~EE: Ten Years - I think it ~vas started 2003 TAPE CUT OFF CHANGE TAPE TRUSTF;E KRUPSKI: Any other comments? Artie any questions or comments. TRUSTEE FOSTER: No TRUSTEE KRUPSKI: Do I have a Motion to Close the hearing. TRUSTEE DICKERSON: Seconded. TRUSTEE tCRUPSKI: All in favor. ALL AYES I will make a Motion to Approve the application to dredge to five feet MLW. it Mil run for ten years. TRUSTEE POLIWODA: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES. MR. MC DUFFEE: Thank you very much. 38 9. JEFFREYHALLOCK requests a Wetland Permit to cut into ground of right of way for installation of anderground utilities and permission to cut base of existing dirt roadway to upgrade with stone materials as required by South01d zoning Board - to locale dwelling with a~tached garage and sardtary system at least 110-115 ft from nearest edge o£fidal Wetlands Located: DiachonRoad/Peconic Bay Blvd. Laurel, NY SCTM#127-3-9.1 (POSTPONED ASPER APPLICANT'S REQUEST) 10, Douglas 31, Soffey on beha~ of NEIL MCGOLDRICK request a Wetland P%r!m'~ 't to reconstruct inkind/hyplace exi$1ing (70') fimb~ groin located at th*western end of the appticahf s property. There is no fl:lling ir~¥olved with project. Lo,cared: ROW offofNcw Suffolk Avenue, M.,a~l~ck NY SCTM. #1 ~6-4-16.4 (posTpoN~ED ~I$'PER AGE~VT'S REQUEST) 11. RichardLarsen on behalf of JOHN JOY request a Wetland Permit to remove existing 4'x33' dock and replace with 4'x42' dock with 3'x10' ramp and 6'x20' float. Secure float with two 8" mooring piles. Remove and replace in the same location 43' of existing functional bulkhead. Construct a 13' return on the north end of the existing functional bulkhead. Backfill with 25 cy. of clean fill from an upland source. Located: 1330 N. Deep Hole Dr., Mattituck. NY SCTM#i 15-12-18 TRUSTEE FOSTER: Would anyone like to speak? RICHARD LARSEN: RIchard Larsen you got the soundings and photographs of Mr. Joy. JOHN JOY: Did you have a chance to look at the photos that I sent you. At the last meeting the one objection was not to go out and do a stepping affect with the neighbors. Which we totally appreciate it. The photos show that my dock is in. Landward at least a minimum of five to six feet. Because my neighbor's dock is a twenty foot float. It is further into the creek. My float is closer to the shore and it is only a fifteen foot float. By leaving the disaanee out from the shoreline and just turning the flat and putting a beam of a boat to that float. It does not look that it is impairing on anybody. Wb have over 120 feet of navigable water in front of the float. So we are,jnst looking to utilize the creek where the canal is dug with the depth of the water. So that we can use the boat at all times. TRUSTEE KRUPSKI: Artie you have any comments? TRUSTEE FOSTER: No TRUSTEE KRUPSKI: We did look at it again. JOHN JOY: It feels that my dock is out as far because I do not have any sea grass on the beach. Where my neighbor has a load of sea grass. 39 TRUSTEE ?OLIWODA: At field inspection it looked like everyone was in line. JOHN JOY: It does il g~ves you that appearance from the shore. Until you get out there and look, It really is not. If you look by the low tide of where the dock sits. It is just an unusable dock. When at Iow fide. Yoa can see, We ate right at the end. At least two and half feet of Water. I do nol want to go any further out. RICHARD LARSEN: Itc just wants to turn the float really. Just make it useful, TRUSTEE POLIWODA: Al, do you know what exists there? Is it a t~,y fln'ee foot 4ock with a ramp and a float- tel~ foot ramp and six by twenty float. JO~ JOY: The float is smaller 5x15 float E POLIWODA: Five by fifteen float with a ten foot ramp. T KRUPSKI: ~ t~ ~at the Board was inclined to give you a large~: f~oat. New float 6x20. which would give you five extra feet out. Same size catwalk - so you get five extt~ feet on that. If it is out five ~C~m feet you would be able to use both sides. ~zD LARSEN: We would have to go back to the DEC and would they gpp!ove that? TRIJSTEE POLIWODA: I would image they would. TRUSTI~]~ tCRUPSKI: It is existing now. LARSEN, There ~s no way ofhavmg ~t approved for turmng with the 15~ans toda T USre KRUPSKt: No TPcU$~ POLIWODA: No TRBr~'TEB KRUPSKI: We looked at it again. We went out and looked at last g4eel~, T~hat was the consensus of the Board. TRIJ~$T1~ti P~ODA: What I added up what you are proposing. The bo~ 9f ~e42 would be fifty eight feet and now your beam would be sti ~:"g ~ftt fur~er. Twenty four foot boat. rRUSTEt! KRUPSKI: It is more structured too. rRUST~ POLIW©DA: You would be eight feet further out then where you are now. JOttN JOY: I would think that they would try to keep everything as close as possible with the boat being there or not. Here you are putting struamres out fttrther. To me it would be more useful if it were parallel to the shore, Where the canal is dug om it will constraint depth of water. No~'~ When we get these noontides or whatever they can drain it out. At least:~ am right at the canal. By the sounding that I took. TRUSTEE POLIWODA: That is where you will have a hard time with DEC because they are going to want that float out in the canal. They might,siay out further. You are going to need a longer catwalk. They are no~ going zo allow your float fight on the edge. Get the float out into deep water. Then, instead of forty-two feet you are going to be back here m two months and saying I need sixty feet. 40 TRUSTEE KRUPSKI: You will have to go back to the DEC with that. We went out and looked. It is the middle of the creek that is what the problem is. RICHARD LARSEN: You were concerned with the length of the fixed pier. If we left the. fixed pier the way it is and made a longer ramp would you be happier with that. TRUSTEE POLIWODA: Same float? RICHARD LARSEN: Turned sideways so. TRUSTEE POLIWODA: You want a 15-foot ramp instead of a ten-foot ramp. RICHARD ~ARSEN: Whatever makes up the distance. T~STEE POLFgVODA: ThirPzz-tlsree feet ofcatwalk fifteen-foot ramp, and 62c15 goat. L~ .A~SON: If we can tie the float on a T. xu sK : S r¢ Tf~T~ ~'¢'.UPSKI: I~ gives you thc extra five feet. JO~ JC We. want the same overall distance that we have now. But it woE~d b~ ash!otter fixed pier. RI~_AJ D ~SEN: t~evised plans send them in. DEC will not need TRU/~rrEE ICRUPSKI: Artie will you make a Motion? ~EE FOSTER: Table it. TRUSTEE K[i~UPSKI: No they are going to revise the plans so we can app?ve ~t kubject to revised plans. JOliN JOY: Okay good at least we are not here until 1: 30 in the morning to~t. TRU§TEE POL1WODA: I will make a Motion to close the heating. TRUSTEE KING: Seconded. TRUSTEE POLIWODA: All in favor. ALL AYES I wilt make a Motion to :tlJprove the Wetland Permit on behalf of JOHN SOYa 3x33 dock - 3x19 foot ramp, up to a 6x20 float. Do I have a seconded? TRUSTEE DICKERSON: Seconded. TRUSTEE POLtWODA: All in favor. ALL AYES RICHARD[L~ARSON: Thank you JOHN JOY: Thank you good night 12. Samuel & Steelman Architects on behalf of STUART & BRAD KRAUSE request for a Wetland Permit to replace existing fence constructed of CCA members smtk vertically into the ground with a new wood fence - extend fence to property line on the west side of property. Located: 9205 Skunk Lane. Cutchogue, NY SCTM#104-03-16.1 41 TRUSTEE KING: Is there anyone here who would like to comment on this application? We looked at the debris and it has been cleaned up on the shoreline area. l_f there are no other comments. I will make a Motion to Close the heating. TRUSTEE FOSTER: Seconded. TRUSTEE KIblG: I will make a Motion to APPROI/E the apphcation of STUART & BRAD ICRAUSE for the fence. TRUSTEE FOSTER: Seconded. TRUSTEE KING: All in favor. ALL AYES 13. Costello Marine Contracting Corp. on behalf of GEORGE PAPPAS request a Wetlartd Permit to construct 100 foot of bulkhead (w/C-Loc Vinyl Sheathing) 18" face-to-face in front of existing. Located: 1205 No~th Parish Drive, Southold, NY SCTM#71 - 1 - 12 TRUSTEE POLIWODA: Is there any one who would like to comment on this application? JOHN COSTELLO: My name is John Costello I am with Costello Marine Contracting and we are the agents for Mr. Pappas on this application. Any questions ~hat the Board would have. We will try to answer it. TRUSTEE POLIWODA: I looked at it and I thonght it was fairly straightforward and it looked like you were going to meet with your neighboring bulkheads in front. JOHN COSTELLO: Both neighboring bulkheads were permitted by this Board to do exactly the same thing. The Tom Lucas done about three years ago. Two.and half three years ago. With the vinyl immediately in front of thc existing. We took the piling off. In order to eliminate the spacing. Wetook offand we did for Frank Gilbert. The other adjourning neighbor and this is connecting all three of them. TRUSTEE POLIWODA: I will make a Motion to Close the Public Hearing. TRUSTEE FOSTER: Seconded. TRUSTEE POLIWODA: All in favor. ALL AYES I will make a Motion to Approve as submitted. TRUSTEE DICKERSON: Seconded. TRUSTEE POLIWODA: All in favor. ALL AYES 14. Catherine Mesiano Inc. on behalf of WILLIAM LOIS & BINA COMES requests a Wetland & Coastal Erosion Permit for installation of approximately 330 I.f. Rock revetment along the bank of two contiguous lots, consisting of approx. 300 cy. 3-4 ton armor capstone, 600 cy. 2-3 ton armor capstone, 300 cy. 1-2 ton armor capstone, over 350 cy. Bedding 42 stone and 350 cy. core stone and filter fabric and associated access approximately 300 cy. Of material will be excavated from the site and used to backfill the top of slope behind the revetment. The revetment will be set at a 1.2 slope with a bottom elevation of-2' and a top elevation +. The backfilled area will be re-vegetated as req~red with native vegetation and a I0' non-turf buffer will bemainta'med. Clean up and removal of dangerous, debris; consisting of construction material, concrete, tires, conta/ners3 old creosote bulkhead, etc., on the site. All activity to be performed manually. Located 57875 & 58105 North Road, Greenport, NY SCTM#88-2-8&9 ~OL/ATI ,O~N OUTST~ANDING) TRUSTigE ~SKI: ! guess open it. I do not know if we have any - Peggy yon wa~J ~ open it? Ti~STE.E DtCKERSON: Would anyone like to comment on this application..'? T~TJSTI3E KRI~SKI: I have a question? Who do you get to move this twc~-tl~ee~toa armor manually? ~FiST~E ~dNG: This guy is going to be a gorilla. ~ MESIANO: You want that guy. I lfire him out. TP4~ST~E~KRUPSKI: Wbat does that mean manually. T~S...T~,~ ~ KING: I hope the clean up w~ll be done manually. CA.'~-'Th~ MESIANO: The clean up would be done manually - plac~ w~rd. We do not have everything ready to conclude this el. Pat Moore represented Dr. Lois in the local Court and they have res~ved }his matter. The plans are not finalized. We did not want to con~e in witt~ a separate re-vegetation plan and then have to re-vegetate the re?ieget~tflon for the shoreling stabilization is done. We are still holding th~s~p ~alize/he:pIan, TR~-ST~ K~LrPSKI: Would you suggest that we table thc application? Unt~ yo~have all the plans. CATHE~E ,M, ES ~LANO:- '~' I would like it if you would table the app~Cati0~ ~1 we f_malize all the plans at once. TR~sT~ DICKERSON: TABLE the application as per Catherine Mes~ano. TRL~STEE POLIWODA: Seconded. TRUSTEE DICKERSON: All in favor. ALL AYES. 15. Catherine Mesiano, Inc. on behalf ofARSAK TERJANIAN request a Wetland Permit and Coastal Erosion "as-built" rock retaining wall. Stairs and decking within 100' of tidal wetland. Located: 55255 Route 48, Greenport, NY SCTM#44-1-9 TRUSTEE KING: Is there anyone here wishes to comment on this application? CATI?EERINE MESIANO: Catherine Mesiano on behalf of the applicant. As you are aware. Mr. Terjanian was given a summons for the "as built" 43 conditions at his property. I subm/tted to you a map that shows all of those conditions and one thing that I want to clarify just to make sure that we are all on the same page. When we meet at the site last winter. There was some discussion about the wood deck at the top of the bluff. After speaking with Mr. Terjanian I understand that what the Bay Constable was referring to. When he referenced a deck. There was woodcm platform lying on the beach at the bottom of the stairs that would be more westerly set of stairs and that was the deck that was referred and that was removed fight after summons was issued. So I3ust wanted to clarify~that becausewe were not clear on that at thesite. Anyway, I have stibrnitte~ the map to yon. Everything is cra it. Do yo~lmve a~y qu~e~ions? 3~USTEE KRUPSKI: We have to statt with an accurate survey first. I an accurate survey. MESIANO: You have an accurate survey. not show uny of those cesspool hngs that beach. What is referred to in the description as rack wall? MESIANO: Rock retaimng wall - : Because there are a lot of cesspool rings on the beacl~ If you would like to see them. I know what you are talking about. Because it does not show any of that on the sur~ey. CATHERINE MESIANO: That is someth/ng normally that would be sur~-yed. TRr~STEE KRUPSKI: It is a structure. CAT'HE ~RINE MESIANO: It is a structure? What constitutes it as a stmvmre. Lot of that stuff that you see there was sitting there when Mr. Terjm'dan bought the property years ago. TRL~STEE KRLrpSKI: A lot of it was not. CA~tqERINE MESIANO: Some of it was -some of it was not. How do yo,umke a concrete tiring as a constmctton compoments and call ~t a s1xnuG~tllre. T~U~STEE KRUPSKI: Pretty sure if it is holding something up. It is a struc~re. CAT~HERINE MESIANO: By the code a structure is somethhag with four walls and a ceiling. TRIS,~TEE KRUPSKI: I do not know whose Code that is. But, I would think CATHERINE MESIANO: I only quote from Southold Town. No other Towa. It is in your code as to what a structure is. If you want more information on the survey I will be happy to provide you with. What else would you like on the survey? TRUSTEE ICRUPSKI: I would like to see the location of the wall. Because there is no wall There is a retaining wall. We have the pictures 44 here Which I can refer to. None of the detail is on the survey I do not know how they. CATHERINE MESIANO: There are two sets of stairs on the survey. TRUSTEE KING: Yon know that set of stairs to the west someone has taken ail the beach stone. This was recently done, TRUSTEE KRUPSKI: That forms a jetty, TRUSTEE KING; They should be removed. Put them back on the beach. CATHERINE MESIANO: We remove it and then we create another disturbance situation. Because once something ~s created whether it is p~,ermi~ted or no~ permitted. It creates its environment and its conditions dow you ctm4ge ~: and you are changing something again. There be el~0sio~t, in~0ttter areas and create a mess, I*RUST!~E ~KRUPSKX: boubtfiil in this case that someone piled up rocks onhoth sides of the stairs. Bfpulling the rocks back'on the beach it is gong to have ~ncgafive~ affe% 7d~ there is also a bunch of new rings ~ed~.~ the bblt~ of the b}zfff. The new cesspool rings. CAT M~IANO: I:do not know about hew. TI~,~STI~I~ K~'LrPgKI: Takela look I do not think that the cesspool rings arepart 0f~¢ beacl~. C ~tANO: Those'were here when the violation was isSaert ami n0/bin§:here has changed. All he has done. Is take away the wood l~.atfm'in ~!:al :i~ as the base of the westerly set of stairs. TRI S I I.I [,~l{I I~SI,(I: I do not remember any platforms. ~' \ I I I 2RlXl: \11 SI.\NO: You would not remember because it was taken awalr as soo~ as the violation was issued. He changed what he could imn~4,i,f'ately a~d dkl:not touch anything else. These were here when the violat~n was lsstted, and they have not been changed, You want me to show ~ now, TRU~E, KRUPSKI: I thought we wanted them removed CATHERINE MEStANO: Y(~u never told me that. I meet you at the site some/gne ago, You ne~er referenced to me. TRUS~EE !~R.UPSKI: We went out there last week also I think that ~vas relative w/th the Board - there were six rings to be removed. The rest of the retaining wall is stable. Remove that would be to destabilize the whole bank anc~ we have no intention of doing that. The little extras that were added recently. The six rings on top. Do you have that picture. CATIa~ERINE MESIANO: Yes you just handed to me. Now you are saying - Did you want the other one back. It was recently. TRUSTEE KRUPSKI: I do not know if it shows it here. There is an older section underneath here. Then on the other side there ts another older section. Is all stab/lized. These were added recently these six. These rocks kere that were added are very recently. On both sides of the stairs. It looks like they are going to build a groin there, those should be removed. 45 CATHERINE MESIANO: You are saying recently. Nothing has changed in the year that I have been dealing with this. That is why I am confused. We met at the site. You are raising issues. TRUSTEE KRUPSKI: I do not think those stones was there a year ago. CATHERINE MESIANO: Nothing has, been change& The stones have been at tho base of it. Those particular s/x rings. TRUSTEE KRUPSKI: You can como in and get a picture of the cesspool r~gsthat shon~d be removed. Then, you can reference that from there. Instead ofju,st trying to have the applicant guess, According to what we want. the whole retaining wall should be placed on a smwey. With eJ~evations~ His bm~k: is pretty ~table, tl~re, ¢A,T~RI~,qR;,JvlESIANO: Again I j~ast want to say something about the re,nE wail You and Me B/iy Constable have referred to it as a m,mmmg w~[. ~enm fact~ Hat was done was the stones were p~cked off,tie beach. La~d on the'face that is not an engineered retaining ,st~ cture. T~USTEE KRUPSKI: Sure it is. You also have all the other cesspool ri~gs,b ~,tkded'undei-neathit. Thereis awholcrowofcesspoolringsbuded. A~,th~ hcse ~a)ad al! those stones are placed to stabilized the banks. CATi~ER1NE MESIANO: So let us just recap. You want the survey to reflex th~ quote retammg wall do you want the nngs? Shown or remove& Tt~uSTEE KRUPSKI: The top slx removed. You can reference from our p ~l~.~mgr~,,ph. Therest shonldstay. Because they stabJlize themselves. CA~,E MESIANO: The vegetation has grown in amongst them and so~0nt Isthere anything else you want. TR.Lz$~EE KRUPSKI Well those two piles of stones that is it. As far as I ang,~ conqemed: C~TFiI~RINE MESIANO: The three things - the piles of stones, the top sij ripg~ and show. TRUSTEE KRUPSKI: The revetment. What do you want to call it? CATHE~ ~RIN~ MESIANO: You want to call it a retaining wall. We will call it a retaining wall. I do not agree with that is what it is. TI~US: ,T~ E KRUPSKI: Well it is effective in stabilizing the bank. CATB[EiPGNE MESIANO: Call it what ever you want. So you want three modifications, Would you be issuing the permit upon receipt of the revised map TRUSTEE KRUPSKI: Probably, what do you think. CATI~IERINE MESIANO; There is no reason for me to come back to discuss this again. Upon your receipt of the revised map. TRIJSTEE KING: Any other conm~ents? I will make a Motion to Close the hearing. TRUSTEE POLIWODA: Seconded. TR, USTEE KING: All in favor. ALL AYES I will make a Motion to Approve the application based on the change of plans here. To show the removal of the rocks around the stair way and the 46 removal of the rings and show that revetment of the stones along the bluff and the slope shown on the survey. Do I have a seconded. TRUSTEE POLIWODA: Seconded. TRUSTEE KING: All in favor. ALL AYES CATHE ~RINE MESIANO: So the permit will be issued upon your recmpt ora map that shows the rings to be removed. Pile of rocks - rocks to be removed. Correct. TRUSTEE KING: Would you hke to put a time span on the removal of the stuff. Ninety days. CATEIERINE M~, SIANO: Ninety days from our receipt of the permit. TR~STI~SKI: That is something we want st remove first C. ~ TI~PR--- ~IXT: *(T[~ S i'. ~ \~0: How c an we remove it without a Permit. TRI S I h I. KRI PM~h But;then they are without a Permit. C~? !/~-,.4~, ~S~4N/0: T~at is why we ,are here. You are telling them to girlie iii!~ hL:l ioi~ st ilh(ml i~ pDm,it a~l then you wilt give'a permit for it. ~1 Ill WI'I: I~()I,[WI)O \: \o .,...,i~ ~.emthepefmit. '1 Ill $11.h I(l\(~: \o t~:c~ I,:~c ~finety days I0 remove everything. ('\IilI.RI\I.2\IISI\.\(): II,mkyou. 16. Patricia C. Moore, Esq. on behalf of JOANNA & DENNIS LANE request a Wetland Permit for timber dock (3'x40') minimum 3' above grade- ramp (3'x12') - float (6'x20'). Located: 1852 North Bayview Road, Southold NY SCTM#70-12-39.4 tRUSTEE KRUPSKI: Is there anyone who would like to speak on behalf of the applicant? PATRICIA MOORE: Yes, thank you. We went out to the site the location of the dock has been revised. To mitigate any environmental issueS based on the DEC recommendation. So we would ask you to recommend an alternative site. Being one hundred feet over. The other issues that have come up are that Mr. & Mrs. Lane. They went out to the site to take a look at the pathway. It is going to be difficult to get through. The concern that they had was the four foot path. They want m pm in a boardwalk landward. As you recall the dock starts at the beach. Then we have to go up a set of stairs. We have to add a set of stairs to this process because it goes up the bank. Then from the top of the bank. We would have a board w~lk going back to the house. TRUSTEE KRUPSKh What do you mean boardwalk? PATRICIA MOORE: No on grade a pathway. I call it a boardwalk because it is made of wood. tRUSTEE KRUPSKI: Four feet wide. PATRICIA MOORE: No more than four feet in width. TRUSTEE KRUPSKI: You have no revised plans 47 PATRICIA MOORE We have Bob Fox has to draw them up. He did not have time to complete it. We also wanted to know exactly what we were going to have approved here. So he draws it up and what we would suggest is make whatever amendments we need. We will submit Bob Fox's survey. TRUSTEE POLIWODA: (CANNOT UNDERSTAND) As long it isnot the top of the bank - walk up three. PATRICIA MOORE: If you recall that is what we have there. Because you had the last time that we were here you had to start the dock at the beach level. Ti~LrSWE POLIWODA: Right - PATRICIA MOORE: Where we moved - we now have the beach, and then from.where the short little bank we need a set of steps like two or three steps ro get up So we will have that all drawn up on a plan for you. TRUSTEE KI~UPSKI: If there are no other comments. I will make a Mdtio~ to Close the hearing. TRUSTEE KING: Seconded. TP~US~E K~UPSKI: All in favor. ALL AYES TR~S~E~r p iOLg3/ODA: They are all six inch piles? PATRICIA MORE: I think that was staked out. I will double-check that. TRUSTEE K1KUPSKI: I will make a Motion to Approve the application with the new location and the stairs and the four foot wide boardwalk six incti piles on the dock. TRUSTEE POLIWODA: We have to make sure that there is access above those stairs. Them are a lot of people that use the beach. They walk off the bridge and walk up around the creek. PATRICIAMOORE: The stairs are starting wayback Remember TRUSTEE KRUPSKI: The dock is starting at the water. PATRICIA MOORE: It is about three feet between the starting of the dock. TRUSTEE KRUPSKI: I made a Motion is there a seconded. TRUSTEE POLIWODA: Seconded. TRUSTEE ICRUPSKI: All in favor. ALL AYES PATRICIA MOORE: We will have Bob Fox draw it up and send it to you, 17. Patricia C. Moor6 Esq. on behalf of FRED GLASSER request a Wetland Permit to repair the existing 4'x59' timber dock, 8'x12' platform, 3'x17' ramp and 5'x24' float. Located: 220 Oak Street, Southold, NY SCTM#77-2-4 (POSTPONED AS PER AGENT'S REQUEST) l& Land Use Ecological Services, Inc. on behalf of CANDACE M. CORLETTrequests a Wetland Permit to construct extensions and 48 additions to an existing single family residence a 603.5 s.f. +/- covered porch is proposed with a new entry on the front of the existing residence a 745 -,- addition is proposed on the north and east side of the existing residence 768 +/- s.f. of deck area is proposed on the east side of the residence a 216 +/- s.f. screened porch is proposed on the south side of the residence a 31 'x22' (682 s.f.) detached garage is proposed south of the existing residence, Pervious earth driveway in ~ont of residence and to access proposed detached garage- proposed slructure, ro the wetlands line is the p?opo~ed deck, which is proposed to be setback 86 feet. Located: 300 Clearview.Road, Sou~hold, NY SCTM~0-4{8.1 & 8.2 TRUSteE POL1WODA: Is. there anyone who w~uld like to comment on tliis application? DAN HALL: Yes, Dan Hall from Land Use for Candace Corlett. I will answer any questions or issues on this application. TRUST~I~E POLIWODA: I basically looked at it on the wetland proSPe~ti~emarsh measured 86 feet to the deck as far as this Board is concerned. Everything in the past has been fifty feet. It is all existing. All the extensions were going to be side ways. Just the deck on the back. TRUSTEE KRUPSKI: Do you want drywells and gutters? TRUSTEE POLIWODA: Yes I wrote down haybales, put a haybale line during construction at the fifty foot mark. DAN HALL: Fh%y feet back from the wetland's line. TRUSTEE PUL1WODA: Drywells as well as gutters on the house. It all will be extensions. Any other comments? If not I will make a Motion to Close the heanng. TRUSTEE DICKERSON: Seconded. TRUSTEE POL1WODA: All in favor. ALL AYES I will make a Motion to Approve as written with haybale line at fifty feet and drywells and gutters on all of the extensions. Do I have a seconded. TRUSTEE DICKERSON: Seconded. TRUSTEE POLlWODA: All in favor. ALL AYES 19. Land Use Ecological Services, Inc. on behalf of SAMUEL & ANNE DELUCA request a Wetland Permit to reconstruct existing fixed timber dock and stabilize existing shoreline 4'x47' of fixed timber catwalk is proposed to be reconslracted in kind and place 4'x38' portion of the catwalk parallel to the east property line is proposed to be removed and reconstructed in kind on the west side of the existing facility adjacent to the existing concrete block ramp. Located: 1350 Glenn Road, Southold, NY SCTM#78-2-31 TRUSTEE DICKERSON: Is there anyone here who would like to speak with regard to this application? DAN HALL: Yes, Dan Hall of Land Use again for Samuel DeLuca. Originally we had it a little different but then the DEC meet with Mr. 49 DeLuca at the site and agreed upon the plan as currently proposed. I will answer any questions or concerns. TRUSTEE D[CKERSON: Any Board comments? TRUSTEE KRUPSKI: I did not know if you wanted to add those httle jogs or take those little jogs out. Take a look at the pla~ Just want to make a straight dock. DAN-HALL: Tha platforms? TRUSTEE ICRUPSKI: The platforms, thank you. That was my only comlllent. TRUSTEE DICKERSON: Instead ofgo/ng to the four Keep three foot or three~h, alf feet, which is the existing dimensions that we measured. DAN :HALL: ~at ever is there is good to reconstmc~t. TRUSTEE D~cKEKsoN~ That is what we meas~ed when we were out there. A~y other comments? I will make a Motion to Close the heanng. TRUSTE~ FOSTER: Seconded. TRLTs~E~ D}cKERSON~ Al/in favor. ALL AYES I, ~ ~e 0 M,?on to ,~£ro~e the application for SAMUEL & ANNE DI~LU¢~ ~ ~en va'th the exception that it be a three foot by forty seven foot aad three and lmif foot by thirty eight foot and removal jutted out areas. TRUSTEE KRUPSKI: The platforms. TRr~STEE DICKERSON: The platforms. Do [ have a seconded? TRUSTEE lr2[NG: Seconded. TRUSTEE DICKERSON: All in favor ALL AYES 20. JMO ENVIRONMENTAL CONSULTING SERVICES on behalf of MARC RUBENSTEIN request a Wetland Permit to construct an addition, deck and terrace onto an existing single family dwelling and to construct an addition and porch on to an existing cottage. Located Madeline Avenue No # Fisher's Island, NY SCTM#6-7-7 TRUSTEE KING: Is there anyone here who would like ~o comment on tiffs? GLENN JUST: Good evening, I am Glenn Just of JMO Consulting. If the Board has any questions on this application. I think Mr. King did when he was out on the site last Monday, As you may recall before the excitement we had after we left that site. At that time you had asked that I pick up cop~es of the architectural plan to see exactly what they want to do. If they want a two story addition. I have not been unable to get thcma from the architect in Connecticut. TRUSTEE KING: It really is a house, the main house is here. Small quest cottage here. [ do not know what these are? Maybe a couple of chicken coops years ago. Bedrooms and bath in each one. So there is kind ora lot of things going on here. Mr. Hamilton felt the same way. He wanted to see a lot more detail plans and what is going to be done there. 50 GLENN JUST: If you note that plan does show the existing septic. A new septic operation. TRUSTEE KING: We just need to see a lot more detail on it. GEENN JUST: Agtfm it does not show a one or two story addition. I have no idea when I was there/ TRUSTEE I<iRUPSKi: Is it high water/ GLENN IUST. It is afresh water wetland. TRUSTEE KING: I will make a Motion to Table this until we received more information. TRUSTEE DICKERSON: Seconded. TRUST~E~:K]ING:. All in.favor. ALL AYES 21. JMO ENVIRONMENTAL CONSULTING SERVICES on behalf of PARADISE POINT ASSOCIATION requests a Wetland Permit to mmntenance dredge two areas of existing boat basin 50'x130' and 60'x100')to a depth of 4' ALW resultant spoil 1,100 cy. of sand shall be removed to an upland site. Located: Basin Road Southold, NY SCTM#81-1-16,1 TRUSTEE KRUPSKI: Is there anyone here to represent the applicant and this is not the correct descriptiom GLENN JUST: It was actually changed just previously to the last meeting. As I recall it was down to three hundred cubic yards three hundred fifty cubic yards. TRUSTEE ICRUPSKI: Is it the wrong location now? GLENN JUST: As we left off at the last meeting. There was some thought of perhaps of obtaining an Emergency Permit just to do the mouth of the inlet. Which the applicants are willing to do now. As promised at the last meetin~g I rettm~ed to the site wihin the next day or two redid the depth measurements at the mouth of the inlet and submitted plans depicted that. TRUSTEE DICKERSON: Lauren was saymg that there is no reason to apply for an Emergency because the application is all ready in. GLENN JUST: That is what she toldme yesterday. After I had applied for an Emergen%' Permit a month ago. Truth is the troth. TRDSTEE KRUPSKI: Is there anyone else who would like to speak in favor or aga'mst the application? ERIC BRESSLER: Only five after eleven I would like to speak against the application. Eric Bressler of Wickham, Bresster, Gordon and Geasa on behalfof¥ictor Zupa. When we last left off. There were a number of ~ssues before the Board. I do not believe that the applicant has satisfactorily addressed any of those issues. In that regard I am asking that the Board incorporate by reference the package of materials that was submitted on behalf of Mr. Zupa in the prior matter before the Board this 51 evening. If as a matter of procedure you need another copy or more of that we would please to actually physically deliver that. In case. TRUSTEE ICRUPSKI: No he is just referencing. We do not actual need it. ERIC BRESSLER: I am referencing that and ask that it be made part of this record and I am suggesting that if that physically is a problem before the Board because you need to have things that relate to the file. In the t-de. We would be happy to deliver another copy an/[ if you want us to do that. We ask leave to do that. But ask tonight to incorporate that by reference. Because there a number of photographs and other documentary evidence that I think is retevant~ TRUS' ~- E ~LTPsKI: Both are appropriate. ERIC BRESSLER: So we will incorporate and we will deliver another copy. tRUSTEE Yd~UPSKI: Thank you. ERIC BP, ESSLER: We had discussed the issue of where the fill was goit~g to go. That unfortunately has been unresolved. Despite telephone calls,back and forth. At least to my knowledge and I guess at this juncture. I have a question for the Boar& That is under what particular provision of the temporary moratorium is this apphcation for a new permit being consic}ered? I did not hear that any where. I do not see it any where in the application~ it appears under Section Two Subsection Two that it is m operation in protected areas. It appears that we are still within that temporary raoratorium. It appears atthe exclusions set forth in Section Four - one th-oust ten does not apply. It further appears that the exemptions set forth in Section Five. One and two do not apply. Now I am giving to understand that the Board by certain people. That the Board has entertained, such applications under some unspecified provision of the Code. I Woulc[ throw that out. I do not see the particular provision that Would give any sort of relief here. It is not a Valid issuedpermit. So it cannot be amended or modifie/[. It is not fallhag within one. The Board conducted the activity. Before the moratorium went into place. I do not see that. So that question Iputbefore the Board at this juncture. TRUSTEE KRUPSKI: We issued a fistful of dredging permits this evening. So I do not think. ERIC BRESSLER: The fact that you may have done that. The fact that they maybe subject to attack under Article Seventy Eight for the next four months. I do not think that it necessarily determines the issue but I would ask yon to look very carefully at that particular aspect of the law. It does not appear to me. Although it may have been some ones intention that happened. It does not appear to me That is covered. I do see in Section Seven that there is an appeals procedure that is available in f~ont of the Town Board. But I do not see that there is anything in this particular legislation that addresses that. Not w/th standing the fact that I may agree ~vith you. That there are Maintenance Dredging operations in other cases 52 that probably merits some sort of relief I do not see it. On the face of this particular ordinance. TRUSTEE KRUPSKI: We are going to ask a higher authority. ERIC BRESSLER: So in addition that 1 raised the last time. Having thoroughly examined your moratorium ! th'ink there is a pretty serious issue here irt addition to the other issues that we have raised. TRUSTEI~ ICRIJPSKI: Welt I do not have my moratorimm word'mg handy. E~ BROWNELL JOHNSON: The question is dredging. What is the position. ~RIC t~RESSLERz It appears m be an operation in a protected area. Ther~.~eems to be no exemption. E. BROWNELL JOHNSON: My feeling I would not say no it is not covered by the moratorium But you would have to read the words. ERICd~RESSLER: So in that regard since you'did not have the benefit 0f what so~e m~ght call my area addition. It thought it was covered under an activity and it was not exempt under Section four or l'nns. in the mean time while he is looking. Could we While we are waiting. Sure they wonld~ like to take offs~te. Under no circumstances would we consent as the down cld/r owner ~o the removal of the sand. Which is rightfully ours to replenis~h our beach. This Board has the authority to require that. As a people go back to DEC and get that permit. It is 7 can For them to say they cannot. Without even an a ls not satisfactory. We have been robbed of that sand and ~ being ~oded. We cited the case law that it says if Them to track off site, sell it make money off of it When, ' is being starved. Is not equitable and it is not I do not think that the Environmental Regulations of the Sta~te. ~ ERIC BR~S~EP~: We believe exactly to the contrary and we believe that if you ag~ ~h. ~*s. That is un appropriate place for the sand. Byhaving been st~ed~the jetty. That they could 'go back to the extent that they have standing; Make an application that the spoil be placed where it belongs. I'RUSTEE ICKUPSKI: Would not the apphcant have to be the property owner. ERIC BRESSLER: That is why I said to the extent that they have standing We cFfspute the fact that they are standing to even be here to do this. If you decided on that bases then Mr. Zupa will do what he is 53 advised to do. He is the riparian owner and clearly has rights. Depending upon what Mr. Johnston says? E. BROWNELL JOHNSTON: The water is less than five feet? ERIC BRESSLER: If it weren't I do not think that they would be asking. E. BROWNELL JOHNSTON: I do not know. I am just asking. ERIC BRESSLER: It is my understanding the answer to you question is yes. E. BROWNELL JOHNSTON: Which one did you sayit was excluded by? ERIC BRESSLER: My position was that the exclusions hsted in Section Four do not apply and that the exemptions listed in Sect/on Five also do not apply to this particular operation. TRUSTEE KRUPSKI: I ~vant to ask the applicant a question here? That b ~ ~ul~ ~ ead to the south. - you are calling it to the east. T!~USTE]~ I<2~UPSKI: I do not lmow what drift it is. ': Tke mouth ofth~ inlet faces right here. : ont into the Bay. It is the one on the left. No the one on the right. : As you look out into the Bay. Has that be~n recently rebuik or reconstructed? I obl~ined a ?ermit through the Trustees and DEC a few years ~ins~de of the existing sheathing. I believe I have no[ been on the property and I have no right to walk on the gr~perty. But it is ~y understanding that it was clone. TRrJSTE~ ~:,[rPSKI: Wh~ abou~ the other side The west side? GLEIqN JUS~T: Thatis ownedb~the Paradise Point Association. It is in relative gQod~ shape. There are f~ew boards that might or not be need of repmr. It nl~g~:~,need some repmr. T/ US gI .U Sm Okay. @LENIq ~S~: I am not a marine contractor. EI~rC l~8g]~El~: We certairdy do not agree with that, Mr. Chairman. As a factual matter. We do not agree with characterization of the condition ,o~i~. That is something subject to your inspection. TRU~TE ~E:KRUPSKI: Whi~eh one? ERIC BRE$SLER:~'~¥.I~I~ As you are the basin side looking out towards the bay. The one on the left. The west side. TI~USTEE KRUPSKI; Whether you agree with that on the right side. ERIC BRE~SLER: That is the one on the east side. That one has been resheathed on the interior. You just asked the question. GLENN JUST: Last month you said it was not repaired if you look in the records. I jus~ want to make that correction., ERIC BRI~S ,SLER: On the left side we don t concede that is in fine shape. GLENN JUST: That was in the record last month. That had not been repaired. 54 TRUSTEE KRUPSKI: That is why I wanted to bring that up. The question that Mr. Bressler raised is that application here for the dredging and ma'mtenance dredging at the mouth of the inlet. E. BROWNE[L JOHNSTON: The new one? TRUSTEE KRUPSKI: Would be covered:under the moratorium? E, BKOWN~LL JOHNSTON: You were talking about the amended permit, ERIC BRESSLER: There is an application for a permit. TRUSTEE KRUPSKI: Why does this not have a ten-gear? .JUST: It does - We had a five-year from the State and a ten-year ~Army Core, which expires 2005 the DEC the Ma'mtenance KR(UPSKI: I mean from the Town. GLE~ J[J~T: Because you have always issued permits for one year and then a,sc, cand year can renew them. We have always done it. I think that this,was~he third time through Maintenance Dredging Permit. Each one has g~ne for a two-year peno , EP~ ,[GB~ssLEPc You gave then a one t/me only. Last time. TI~vs~q~LrPSKI: I ttdrtk that the condition was that they do some GL~,~ .N~ JUST: Which is what we got mrougn. ERr~ j3~£8~LER: Then they will have to come back and ask you for a new permit. GLENCq JUST: Which we did. ERIC BRESSLER: That is why we are here. I agree with that. In fact I E. 13P'~OWNELL JOHNSTON: We are not talking about an amendment of an ,e~,sting permit. Which is okay. We are talking about the issuance ora new dr¢d~ng permit. Is that the question? TRUST-EE KRUPSKI: No this is a continuing... GLENN JUST: It is a continuing Maintenance dredging which it basically what ~t is. TRUSTEE KRUPSKI: It is a request for a Maintenance Permit as stated on the application. The purpose "Maintenance Dredging" E. BR©WNELL JOHNSTON: Do you have a Maintenance Dredge Permit now? GLENN JUST: I think that it recently expired that was the reason why I applied for the new one. E. ~BI~OWNELL JOHNSTON: So your question is. So are you asking ro extend this maintenance permit? ERIC BRESSLER: With a/1 do respect the applicant has already admitted that he, has asked you to issue a new permit. It has expired whatever you gave him expired, He is here on a new application. We both agree on that, E. BROWNELL JOHNSTON: Unfortunately I was not in the room when that happened. 55 ERIC BRESSLER: He just said it. E. BROWNELL JOHNSTON: At this point At, it looks like extensions of permits are okay. Notification of permits is okay. Amending a permit is okay. New permits maybe a problem. U~less it is an emergency permit. At eleven thirty at night. TRUSTEE KRUPSKI: Is there any other questions besides the moratorium issue that is up in the air? I would like to hear them briefly so that we can move on, ERIC BRESSLER: I do not want to burden the record by going back over everything that we were over last time. Do you want to hear any more new issues? TRUSZI'EE KRUPSKI: New issues the others were well placed and duly record~.c~. New issues either side. ERIC BRESSLER: l=Ieard what I got ~s new. Cathy reminds me that there are issues pUG forth in the submission. I amnot going to beat you to death with tl~em. They are in the submission. It is late and the records been made. You will consider them. TRUSTEE KLRUPSKI: We have accepted those submissions fi:om the other hearings as part ofthis. ERIC BI~, SS~ER: Fine and I am not going to beat it to death. TRUSteE ]~2RUPS ~KI: What is your point Artie? TRUST]{E FOSTER: I said that you cannot get the boats in and out of the canal. S0 the cculy way that you can issue the Permit, since it has expired woU}d be ureter an Emergency Permit. GLENN JUST: Which we have applied for. ERIC B~S~S~ LER: I do not see it in your moratorium. E. BRO~ELL JOHNSTON: As Yakaboski explained it to me. You always haye ~e permission or the authority to grant an emergency in any kind of navig~¢ion or any kind of a hurricane or any kind of a crisis. Now I do not lhaowwhat that means? Other than it is in your three out of five decision what,is a navigation emergency. What is a hurricane emergency as expla'med to me by Greg. When laid out best of his ability what were crisiS? ERIC BRESSLER: Mr. Chairman all that I can say to that I have read your ordinance and I do not see anything in there that says that you can do that. I do however see in Section Seven. That some other Board can do that upon the factors that Mr. Johnston has just enumerated. But this Board has not that power. Nor has the appropriate filing been made. So to the extent that Mr. Johnston said. E. BROWNELL JOHNSTON: I accepted what it says here. I was just sharing with you what my- ERIC BRESSLER: I respectfully disagree that this Board has that out. Because the ordinance does not say so. In fact the draft of the ordinance specifically built that back door in. Said yon have to do it a different way. So I do not think that you can argue that there is some sort of residual equitable right in the Board. When the back door has been built in and the 56 exact nature of the hardship is right there on the paper and it tells you what you have to do and what you do not have to do. I do not think that you have a power to vary that. Since the legislation has spoken. That is whal they have to do. Whether they can meet those standards or not that Mr. Johnston mentioned. Is another issue. But that is not for this Board. That is for the Board that the legislation says that it should go before. I know yon do not want to here about jurisdiction. TRUSTEE KRLrpSKI: I was actually going to bring it up. This is nor under the jurisdiction of the Town Board. It is trustee land, So why would the moratorium be. TRUSTI~EFOSTER: Be directed at the Town Bo~d. El BI~O~IfL JOI-INSTON: ~ can only share w/th you what Greg said. EE[C BRESSLER: That is an interesting comment? That it is trustee land. To a certain extent I welcome that comment. However, ][ would note that with respect to any dredging that has been done between head land to head land is clearly waters of the State. I do believe that dredg'mg is called for in that particular area to. I think that the legislature in this case ~ Town Board has clearly spoken and it is laid the road map. Not being educated the other side. I think it is pretty plain on its face. As to what has to done here. TRUSTEE POLDVODA: Mr. Zupa's best interest to have that dredged also since he has a boat there. ERIC BRESSLER: In Mr. Zupa's interest is to have the spoil placed where the spo~xl ought to be. I ttfink that Mr. Zupa should he choose to make that application. Make it in a manner consistent with the legislation I tl~mk that he has standings to make it. I think that he would make in such a manner fhat his property would be protected. So wh/le I obviously take yo~: point. I think the answer is that we are prepared to do what is in our best interest and we are prepared in an appropriate way. We are not prepared to exceed for something that is so plainly detrimental to us. Of our rights and in consistent with your governing legislation to the extem that everybody thought. That it was something else. That cannot be helped. At least tonight. It can be r~medy by the legislature again the Town Board. You can go back to the drawing board. But for now depending on what you do. We will have to do what we have to do. TRUSTEE ?OLIWODA: The bottom line. Iftheywithdraw their application are you going to put an application in? So that you can get the dredge spoil. ERIC BRESSLER: If they withdraw their application. I intend to open a line of commanlcation, which I previously opened and discuss what can be done here. So that we are not so stupid as to put un you the idea as owner's on the basin. That we are going to cut offour nose to spite our face. But there are things that we need in connection with tltis. So the answer ro your question. I£they withdraw the application a line of communication goes back opened. We try to get done what we need to 57 get done and what they apparently need to get done to. Which is what we are trying to do all along. TRUSTEE KRUPSKE So it is your opinion that it is not an Emergency or is it your client's opinion that this is not an Emergency situation. Navigation Hazard Emergency Situation. ERIC BRESSLER: It is Bur opinion that it is not that, But if it was that, It does not belong here because if they can fall within Section Seven and I do not know whether they can. It looks like maybe they do not fall in thal section. I am not sure. I know that there is no rebel for them here and to taYe the power to grant an Emergency circumstances. [tis not here. Ido nog know any : DO you have any response to that Glenn? [do not want to open a can of worms. Last meeting you 22tim wanted the spoil to be put on his beach and it was also stated Zupa stated that he spoke to Matt Penske at the on the beach. I contactedMatt Penske directly the tie.sMd he never had spoken -never and I will pun that into ;rated that;Chr/s Affsten spoke to you about the that. That I will ~-ve you some grace on, i Secondly if you look at the area by Mr. Zupa~s artornay last month. There t a beach there. Until that bulkhead was ~st~Ied. Once,¢lm~ s installed. The beach disapg, eared. It is in the photo~ ',I~:~ your fil~, Third, of all we all ]mow tlmt placement of fill in the inter'title gea is against the law bythe DEC I do not think that the trustees would look on it that well. So it is apoint the material cannot go on. TRUSTEE FOSTER: It is not going to stay there any way. GLENN'JUST: It is a Iow point. MR. ZUPA: I would like to put in the record in response to Mr. Just statement that I have spoken to Mr. Penske over twelve times in the course of the last year and half On at least two occasions. It dealt with depositing the spoil on the beach. Which he said was an acceptable way ofdeposit'mg of the soil. There is a beach there Mr. Just, GLENN JUST: Look at the photographs you submitted, MR. ZUPA: Mr. Just I do not have to look at the photographs I was down at the beach today. There is a beach there. GLENN JUST: How big of a beach. ERIC BRESSLER: We are not going to go down that road. We are not having a aiscussion with you. We are going to present it to the Board. That is whm we are going to do and that is what is appropriate MR. ZUPA: The second point that with Mr. Arfstan was I stated last time was through Mr. Samuels I was told that Mr. Arfstan found it acceptable to deposit the spoil on the beach. Adjacent to Lot 1 - which it has been done in the past. 58 ERIC BRESSLER: There is ouly one way to find out and that is to make art application. MR. ZUPA: With respect to Mr. Pinsky surprising enough I tried to contact him within two or three days after last meeting. While he has been extremely responsible. In returning my phone· calls. He did not return my phone calls which I had placed three or four times. Exphining the problem to him I suspected that someone fi:om the association had already contacted ,him aud his position was probably he did not get involved in a dfspute between the Association and us. So he did not return my phone cai, ts. Which wgs very rmus~tal. E~dC'BRESSL~R: Sc~ the long a~d the short of i~ is. I have heard nothing ol~tke kSsu~s-that were raised to~ght. You w~ill'have to decide on what is befomyom ~ your o~en~ ~s fairly piain. I.RI{' I~RI.SSI.IR: I::,mkyom lilt bl'l.l~ I<R[ PM<I: I do not know how we can act onit. If it is under thc iiiOl~:lOl'itllll. Riehl TRI.SI'I:I I'()SII.I{: [t is ~hat it is. IRI S, II21 Kill P%l<l:MakeaMofionKen. TRUS~T:~E ?O$IWODA: I will make a Motion to Table this until Legal Adv&¢ :~m~e.s k~r. ~ugh, TI~$TBE ~I~SON: Seconded. TRUSTi~E K~ ;~IPSI~t: All in favor. ALL AYES 22. Docko, Inc. on behalf of LUC1US FOWLER request a Wetland Permit to relocate an existing 10'x20' float with four new restraint piles and install a new 3'x20' hinged ramp Install seven new tie off piles, all water ward of the apparent high water line. Located: Equestrian Avenue, Fisher's Island, SCTM#9-3-9 TRUSTEE KING: Is there anyone who wishes to comment on this application? GLENN JUST: Glenn Just of JMO Consulting. I was asked by Mr. Fowler to follow up because he had to leave to go back to Minnesota. TRUSTEE KRUPSKI: So we have a plan an amendment plan with the extension of the ramp and no piles. TRUSTEE KING: He has done away ;vith the piles. GLENN JUST: He has asked that those piles be removed from the plan. TRUSTEE KING: What I saw there was there for a long time. It is an old structm'e. G;ENN JUST: I think that you had questions about the size o£the float? TRUSTEE KING: It is existing. Is there any other comments about this application. I will make a Motion to Close the hearing. TRUSTEE DICtCERSON: Seconded. 59 TRUSTEE KING: All in favor. ALL AYES I will make a Motion to Approve the application with the exception of the seven new piles. TRUSTEE FOSTER: Seconded. TRUSTEE ICRUPSKI: Before we vote, was the 10x20 or the 8x20 float? TRUSTEE KING: It is a 10x20. All in favor. ALL AYES 23. Docko, Inc. on behalf of ItAYf ltARBOR CLUB requests a Wetland Permit at the diving area at the swimming dock filled in with sand from gales from the west and northwest to be dredged 3 feet +/- dredged sand will be transported by barge over to the Mobil Dockin West Harbor and offloaded- hacked back to replenish the beach near the south dock used for upland fill pUrPoses -. landwar¢ of the MHW line, Located Betl 1-1511 Avenue, F/~sher~a Island, NY SCTMgg-3-1 TRUSTEE KING: We have approved this before. I did not think that we h,~¥e a problem. I~ is,som~eth~g th.a~tkey have been doing right along. They have DEC approval, Any5o~ commen~s? I will ~al~e a/darien to Close the TRuST~EE.DiCKE~oi~;~ u Secpadeck sm;, a:v i d for hst October. TRLIS~EhEF08TEP,: Nt> that mas before the moratorium. E. BROWNELL JOHNSTON: Back on 23 1 seem to remember there was a prior field inspection on that, That all documents related with materials, inspections were submitted. Prior to the effective date of January. Right. TRUTEE KRUPSKI: I do not believe that we have any new information on this. E. BROWNELL JOHNSTON: No other further review or hearings were necessary as of January whatever- as of January what day? TRUSTEE KRUPSK[: The 17th. E. BROWNELL JOHNSTON: Fine the 17m. Does that sound right? If that is tree then you can ~ve i~. TRUSTEE KRUPSKI: There is no other new material that came in after that. TRUTEE KING: [ will make a Motion to Close the heating on the HAY HARBOR CLUB. TRUSTEE KRUPSKI: Seconded. TRUSTEE KING: All in favor. ALL AYES I will make a Motion to Approve the application. TRUSTEE POLIWODA: Seconded. 60 TRUSTEE KING: All in favor. ALL AYES E. BROWNELL JOHNSTON: This motion was made since it complied with Section 5 Sub-Paragraph One of the exemption portion of the Moratorium Exemption Legislation. Correct bm. TRUSTEE KING: Okay. 24. Docko, Inc. on behalf of RICItARD BINGHAM requests a Wetland Penrfit to extend an existing 6' wide fixed pier by 30 (+/-) If. To reach saitable berthing depth all water ward of the apparent high water line. Located: Central Avenue, Fisher's Island, NY SCTM#6-4-2 TRUSTEE KING: Is there anyone here who wishes m comment on this TapRusPlica~ti°n? TEE POLIWODA: How is that one with regard to the moratorium? TI~US~EE KING: I !ooke~ at it and see no need:to do the expansSon for it T~RUSTEEsCKUPSKI:. This is,ell grass. TRUSTEE K!NG: This is el/grass - you are not going to gain anything. , there now. ~; It is once hundred feet already. Are there any other ALL AYES ALL AYES it in the record. you put a couple of reasons in there? be excessive. You are not going to ng'b? ~ . far. i.. I{R( ~[\ \1:'1.1 J( )11.NWI'( )N;: Just for the record can you say because of x N( . Ilccau>c of~e eH ~ass beds ~e ~ea. '1 I{t b'l~l'l' K RI PSI< I: Iht de~ment~ effects of ell ~ass beds. ~so 25. Centerbrook Architects and Planners, LLC on behalf of SAMUEL & LAURA MARSItALL request a Wetland Permit to construct a two story 61 addition to the existing residence, commning a garage, bedroom and full bathroom. Located: Crescent Avenue, Fisher's Island, NY SCTM#6-1-4.2 TRUSTEE KING: Is there anyone who wishes to comment on this application? It is a straight forward addition I cannot see it having impact on the wetlands. TRUSTEE KRUPSKI: Okay. TRL STEE ICING: Any other comments? I will make a Motion to Close the hearing. TRUSTEE DICKERSON: Seconded. TRUSTEE KING: All in favor. ALL AYES [ wilt make a Motion to Approve the application with gutters and leaders anti--ells for the roof nm-off. ~ really do not think that we need haybates'~maYbe a row ofhaybales during construction T~S~EE FOSTER: Seconded. T~EB,~G: All in favor. ALL AYES TRUSTEE KRUPSKh The new Code is going to have all that in it. You wilt not have to remember it at one in the morning. TRUSTEE ICRUPSKI moved to go offthe Pubhc Heating and go back to the Regular Meeting. TRUSTEE FOSTER seconded. ALL AYES TRUSTEE ICRUPSKI: We are going to back to I believe on Amendments Waivers and Changes number one. LAWRENCE M. TUTHILL request an Amendment to Permit ~4700 dated January 29, 1997 expires January 28, 2007 maintenance dredge the entrance channel five feet below MLV~ - Correct What do you got? It has been five hours. MR. JOHNSTON: Can you stand by the mike. TRUSTEE FOSTER: Do not get confused now Larry, go ahead. MR JOHNSTON: What happened? What is better than a hcensed engineer? A license engineer with an attorney. Does an attorney Mr. Tuthill represent you? MR TUTHILL: Yes I am. ATTORNEY: (never gave her name) As I understand it he wants to amend his permit so that he can change the location of the fill. Where he located the fill. He wants to move it down to the Yacht Club. That should'l all be in the permit. I do not understand how a conversation came up regarcrmg who owned the waterbed or what relevance it would have here to the permit amendment. TRUSTEE FOSTER: It is sknilzr to the situation that we had before. H: is a httle cranked up. So he is going to be difficult. 62 TRUSTEE KRUPSKI: See what happened. Mr. Schulthesis claims he o~vns half of the bottom there. ATTORNEY: Okay even if he did own it. You own the bottom and you camaot deny maintenance-dredging fight? TRUSTEE FOSTER: Well we can. Normally we try to be nice. ATTORNEY: You can but there is an appeal case in the State of New York that he is entitled to dredge out the Creek there. TRUSTEE KRUPSKI: We do. not Imow? That is why we have any attorney with us. ATTORNEY: The Commander Royal the New York State of Appeals MR JOHNSTON: In Huntington ATTORNEY: How does that apply. He is entitled to dredging out the Creek. Even if Mr. Schalthesis did own the waterbed. Ho~v is that relevant? Suppose you had a private road had come and everyone onto the center of the street. That means that I can prevent people from coming down the road. TRUSTEE FOSTER: No and someone cannot put a fence up there on ~our property line. TTOR/xTE¥: You cannot do any of that. I do not understand how he can come in and prevent my client from maintaining. / MR. JOIqlgSTON: That is why I waited to Table it to later in &e evenir~g. ATtO 'P,2qEY: Okay. In fact it is an Amendment to a Permit as I understand it because I have not seen the actual Permit It is an ! amendment just to move the location o£the fill. You have already issue~d the Maintenance Permit TRUST~EE KRUPSKI: I want to go over that again. Because what I have here is i~ot really clear. [ was trying to note it in the file. What I am looking for Some kind of map showing the location of the spoil site. MR. TUTHILL: It should be in there. TRUSTEE KRUPSKI: I cannot find that unless there is another file? CHARLOTTE CUNNINGHAM: That is the file. TRUS?EE KRUPSKI: I could not find it earher. How far out are you dredging? How far in and how far out. TRUSTEE POLIWODA: We need that. Once we see that we can continue. ! CHARLOTTE CUNNINGHAM: When did you bring them in Larry I db not remember you bringing them in. MR. TUTHILL: Just use the old maps for the dredging that were in the file. TRUSTEE KRUPSKI: No it does not show it. CHARLOTTE CUNNINGHAM: Then I will have to go into the origim file. TRUSTEE KRUPSKI: It maybe in the office but it is not here. So the dredging pernfit is in place. Is that correct. ATTORNEY: That is my understanding. MR. TUTHILL: The Creek coming om. Theyhave here and it is essentially to move that over to about there. TRUSTEE KRUPSKI: Is that good? TRUSTEE POL1WODA: Just the center how far? MR. TUTHILL: What happens he has fill in here the existing channel shoots over here so it is taking up 200 yards about 20 foot wide - Right now it is no more than seven or eight feet wide These people have to stand up in fro~t of their boat when tlmy go out because they have to tam the corner, because there are a couple ofbe~ds in there. They have to stand on the bow of the boat. TRUSTEE KP~UPSKI: That sounds dangerous. MRs.. T~L: So that is why we want to dredge it. TRUS'TEE K~LJPSKI: Vie do not have a problem. Ti~ugTEt~ POLIWODA: It is al/private bottom in there TRUSTEE ~UPSKI: It is a na¢igational hazard and it is maintenance dr ging MR. JOITNSTON: I did not have a problem with it the first time. But I just d~d ~ot want to quickly tell you. TP,:USTEE POLIWODA: It is not Trustee bottom. MR JOHNSTON: It does not make any difference. You have navigational responsibilities. This is what Bishop (offthe record) TRUSTEE ICRTJPSKI: Ken do you want to make a Motion? TRUSTEE POLiWODA: Make a Motion to close the heating. TRUSTEE ~UPSKI: There ts no hearing. TRUSTEE POL1WODA: Make a Motion to Approve the Amendment to &edg? Seho~)l House Creek at the entrance. TRUSTI~E ICR:UPSKI: With the change of spoil site. MR, JOi~STON: Where are you going to send the spoil? TRUS~E POLIWODA: The Yacht Club. Above the high tide line. MR. TUT~II,L: The high tide line comes to. What happens Icannot understand) it has eroded and there is no room for the waiting birds. So [ am u'ying to create a spot for the waiting birds. TRUSTEI~ ICRUPSKI: How about the State. MR TUTHILL: Do you want to delay the permit. TRUSTEE FOSTER: No we want to get it over with. TRUSTEE POLIWODA: You got it. MR. JOHNSTON: Stop talking you got it. TRUSTEE POLIWODA: Do I have a seconded? TRUSTEE DICKERSON: Seconded. TRUS,T~E POLIWODA: All in favor. ALL AYES MR. TUTHILL: Thank you - good night TRUSTEE KRUPSKI No I want the other one that is in the other file. CHARI,OTTE CUNNINGHAIVi: We are going to have to pull that out tomorrow do you have it in your file. We will go through it tomorrow. MR JOH2'qSTON: Next time you should come with such a competent attorney. V. MOORINGS/STAKES: 1 STEPHENROUNDTREE request an Offshore Mooring- replace mooring #19 in Gull Pond with a 24 foot boat Access: Public Town Ramp TRUSTEE POLIWODA moved to Approve the offshore mooring -replace mooring #19 TRUSTEE DICKERS ON seconded. ADL AYES 2. SCOTTHUGHES request an offshore stake with pulley to onshore stake -replace Stake #85 in Ashamonaqne Creek - 19 foot boat -Access: Public TRUSTEE POLIWODA moved to Approve the offshore stake with pulYey to onshore stake replace stake #85 TRUSTEE DICKERSON seconded. ALL AYES VI. RESOLUTION; 1. Mitchell & Incantalupo, Esq. on behalfoflOANNIS M. ZOITAS request a Coastal Erosion Permit to ~m and clean underbrush on bluff located in rear portion no shrubs/brush shall be completely removed so as nor to cause soil erosion - only trim and cleaning will be done Located; 5405 The Longway, East Marion, NY SCTM#21-05-14 TRUSTEE POLIWODA moved to Deny resolution because it may de- stabilize the bluff causing bank erosion. TRUSTEE ICRUPSKI is there a seconded on that. TRUSTEE DICKERSOIN- seconded. ALL AYES Meeting Adjourned: 12:40 a.m. RECEIYED Respectfully submitted by, OC~ 15 2003 /Charlotte J. Curkningham, Clet& Board of Trustees S0ulhold l'own ~la~ 65