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TR-06/18/2003
~ ~?~lbert~J_. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold. New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MINUTES Wednesday, June 18, 2003 7:00 PM PRESENT WERE: Albert J. Krupski, Jr., President James King, Vice President Artie Foster, Trustee Kenneth Poliwoda, Trustee Peggy Dickerson, Trustee Patricia Finnegan, Esq. Lauren Standish. Senior Clerk CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT FIELD INSPECTION: Wednesday, July 16, 2003 at 8:00 AM TRUSTEE POLIWODA moved to Approve, TRUSTEE DICKERSON seconded. ALL AYES NEXT TRUSTEE MEETING: Wednesday, July 23, 2003 at 7:00 PM WORKSESSION: 6:00 PM TRUSTEE KING moved to Approve, TRUSTEE FOSTER seconded. ALL AYES APPROVE MINUTES: Approve Minutes of April 30, 2003. TRUSTEE KING moved to Approve, TRUSTEE DICKERSON seconded. ALL AYES MONTHLY REPORT: The Trustees monthly report for May 2003. A check for $3,335.09 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. Ill. APPLICATIONS FOR AMENDMENTS/VVAIVERS/CHANGES: 2 PAUL & PATRICIA AHLERS request a Waiver to replace and relocate the existing pool fence. Located: 1906 Gull Pond Lane, Greenport. SCTM#35-4-16 TRUSTEE FOSTER: I looked at this. don't have a prOblem with it but they definitely need to hook up their down spouts. Actually, I don't think there are any gutters on the house. But, there are drywells in and pipes there. They need to hook. those up. TRUSTEE KRUPSKh Do you want to make a motion on that? TRUSTEE FOSTER: FII make a motion to Approve the application providing that they hook up their re,of drains in a timely fashion. TR~J.STEE DIOKERSON: SecOnded. ALL AYES SALVATQRE & SUSANNE PALACINO request an Amendment to Permit #4998 to c,bns, tru~t a rear deck with the addition of a 14'X 17' sunroom, to be placed on f~he odgln¢ footprint o~ deck. LoCated; 790 Oak St., Cutchogue. SCTM#136-1-38 T~S~E~RLiPSK~I: Does anybody have any comment on this? TR~s~E'B. po~WO~A: No. TRU,,ST, E~[~IrtI~G. I II make a motfon to Approve w th the cond t on that gutters a~d~ ¢~.,~ ar.~e~con~nec[ed to the new structu re 'TR6~B~ERSQN: Seconded. ALL AYES RI ,C;FIARD ~']'NER requests an Amendment to Permit #2256 to construct a de~Ein~, f~c¢lit~y.3,5' .min. above grade and rais,e the ramp 8" over the wetlands, a~Sa~ pe~ (h~DEC ~Proved plans dated 5,'7/03. Located: 3100 Deep Hole .. Matdtuck. SC~,~'I 5-17-13 TRUS'I EE KR.UPSKh W~ approved it and the DEC made him raise it. We looked a[ this in January. TRUS'I EE POLI~NODA: It won't make sense to have 3 ~' here and have it work itse[I back. ?]e~[e going ~hrough that right now with the moratorium. We should Ta~ t~i~e a discuss on w th the DEC t's a grass ' make a mot on to T~e ~tt ~ speak to the DEC about the he ght ~ ~ED]~E~SON' Seconded ALL AYES ~,~S~' Ken, CCH d you wr'te them a e~er ease There's p~O~'~.~yst n here, C a r Warner, t s n the f e. JO ..S,F-?H,~ CR~ST NA COMO request an Amendment to Perm t #5475 to cha~ig~eith;e ;[~t[onof the garage and dnveway. Located: 800 Lakeside Dnve N~,,~,h:, S~o~,h,'~l~,. $CTM#90-3-6 TR~S~E ,,,P,,~EIWODA',~., ,~ .~.~ ~, ooked at this. I didnt have a prob em with t as perthe pt~ ,D¢,y~)~BaFp the file nght there to see what the dated plans are? I II make a, ~0~,t~ ~e the~amendment as per the plans dated April 8, 2001. T~b~ ¢I~RSoN: Seconded. ALL AYES FR EDRICHj K~UG requests an Amendment to Permit #355 to repa r the ex st ng bu[kl~ead aslrt¢-r,vi~yl sheathing behind the ex.sting wood. Located: Budd s Pond Rd~i; ~So'uttiel~l: SC'-i:M#56-5-20 3 TRUSTEE POLIWODA: I looked at this also and it's basically a straight-forward repair of the bulkhead that's falling into the creek. I'd recommend a 10' non-turf buffer behind it. If I have a second. I11 make a motion to Approve. TRUSTEE DICKERSON: Seconded. ALL AYES JERRY MATEJKA requests an Amendment to Permit #868 to construct a 3'X 15' extension to the existing dock and install one pile for a piling pulley system. Located: 1300 Shrohson Rd., Cutchogue. SCTM#103-10-27 JERRY MATEJKA: Good evening. I'm here if there are any questions. TRUSTEE KRUPSKh We just issued you an extension a few years ago. JERRY MATEJKA: Yes sir. Two years ago. It was a 15' extension at that time, w~jch was an amendment and I had an informa understanding with DEC that I had wanted to fo [ow:that up with a floating dock a nd it was a mfsunderstanding I gu~s on, my part. So, that was denied but th~ recomm ~e[~dation from their ~hdpo;i!~, thc~tJ~c~,~ld extend the dock: Sg~ I went back ~to them with a request for' a' ,2.0', th,ey sai,.d lO;, ~nd I said Well:,C0uid I get 15 and th~ey sa'd; fo come and . ,' , .:. ' tld, ' ~ · s.e¢. ~....yo, u; and cD,the ~:.2..., they seqt me a, letter tha~t I shog. ld go, see you and f the Trustees approYe ~:tl~ it would be a ~, arm thaf, would be it, but no floating pretty familiar with that part of the creek. It's pretty ~' all the way out. y dght, but again, I have a 20' and by this 15' d gai.n about 10'-12", so there would be less turbidity, so it would TR the problem that I saw was that it would stick out sc far it's really getting past what's in the area. IF, A: Well it's no way nears 1/3 and it's 15' and I would not come I don't think it's that far out and I would like to get this e with it. The CAC recommends Disapproval of the application there would still be depths with the new additional extension. I agree with that. That was the Conservation Advisory Council's .: Well I had Eh-Consultants do an analysis of soundings so s were formal and with their readings there was an increase in Id gain of about 10" or 12", so these are not my numbers. During field inspection, ooking at the pier line, you Iht. You looked right in line with the docks north and south of is to hold that line. he has a floating dock next to me so if you count the fixe~t¢o~(~]~ pprt~n, you ,are a,bsolutely right. TF(~:~ P0~'WODA: We're looking at the pile. JEF~ ~)IiA~E,~E,A: CiO one side there is no dock and then two houses away he's st cl(idg e~t quite a blt further nto the creek than am. 4 TRUSTEE POLIWODA: He's on the turn? JERRY MATEJKA: Yes sir. TRUSTEE KRUPSKh Because of everything that we've mentioned, I'm against the application. TRUSTEE POLIWODA: I'm not in favor either. TRUSTEE KRUPSKh Because of the reasons that we've laid out, the shallow water depth, and because of the intrusion into the creek, physical intrusion, and the damage to the underwater lands that we thought would be unnecessary, and the location in the creek, we thought would be inappropriate. JERRY MAT. E~KA!. May I just men.t on, the intrusion into the creek, even with the 1:5' exten-sbr~, believe th.~re wou d'be a good 200' across the other s de of the creek. T~USTEE KRUPSKI: That 1/3 rule is used for really narrow little canals. ~R~",Y MAT;EJKA: This is not a narrow creek. T~RI ~TE.E KRUPS;KI: Notat all. But it's still the monopolization of public ty to g'o ou~ ~t far. FEE DiCKE~SON: 1'11 make a motion to Deny the application for the ~t of ar~ amer~d~n~. FEE P'OEIWOE~,~: Seconded. ALL AYES 7. Costello Marine Cot~tracting Corp. on behalf of NICHOLAS & SOPHIA CHIOTELIS requests an Amendment to Permit #5401 to install rock armor in front of the existingbUlkhead. Located: 21365 Soundview Ave., Southold. SCTM#135-1-3 TRUSTEE POLIWODA: Jim, know we all looked at this and I think there was a reco:~mendation that he maintain a 4' rock walkway for access. Remember that? Andlthen angle it down TRUSTEE KRUPSKh There is no one here to represent the applicant. TRUSTIEE POLIWODA: There currently is access and if we allow them to put the r, ock in we sheuld at least provide the access above the stone. i-RUSTEE KRUPSKh Do you know if Mr. Costello will be in tonight? We appKo~ed a similar application, think to the west of this. TRUSTEE KING: CAC recommends Disapproval because there is no need shovcn. 'f'RU~STEE FOSTER: Table it until he gets here. 'EE KRUPSKh All right. I hate to Table it until...we should've of contacted ~licant earlier with those concerns. We could stipulate it. TEE FOSTER: Approve it subject to that condition. POLiWODA: It could be a 4' walkway. The stone could be flat. KRU~SKh Artie, what do you think. We're talking about either access stone or access above the bulkhead as a catwalk. FEE FOSTER: How are you going to do that? Jump from stone to stone? You ~a~/e to ha~e a walkable walkway, don't you? TR ,,~,,.TEE KRUpSKh A catwalk on t~e bulkhead? Is that reasonable you think? I he~to do thi~ without the applicant being here. 5 TRUSTEE POLIWODA: You would need a ramp to get to it. TRUSTEE KRUPSKI: There must be steps. I hate to Table it but there is no one here. We'll have to Table it. TRUSTEE POLIWODA: I've seen Costello's work. He can make the stone fiat. TRUSTEE KING: 1'11 make a motion to Table it. TRUSTEE DICKERSON: Seconded. ALL AYES Architecnologies on behalf of ROBERT & CELIA SWING requests an Amendment to Perm it #5423 to include 530 cy. of fill, and as needed to cover the sanitary system, and a One-Year Extension to Permit #5423. Located: 445 ~4#57-2-27 . ~ have Mrs. Swing and I also have Agie from ]ood job of submitting a lot of As you're well aware, on the original application, any or t'h~' adjacent propoC.!.y owners. placed, a...t '.strategic rain wat[br an'd Joh.n M~tzger provided and t~e. [-ft~sts to the. I~ic[ tha!, the water property. I went[ a ~litt[le q.uickly but I wo~td RUS.TEE I~RU'PSK]: I tl~ii~k that rrcrm .th~. ,hou.~e and '!.ho d~bnage for !.he, RblT~t I~E.IB.EM.: O.'ar co~Jc;ern fir(,is;h~e,d',,~r, ou~nd 'lov. eJ be a~ com~qrod ' P/~T I~.'I~O'~F~: We t~-~ve a d~"aw ng [hatm and t[ake a lo'ok at our cross-section? RUTI~I NE!B~:MI We have it buL we couldn't tell. TRUSTEE ~,RUPSKI: W~y don't you show her?. ¢~t~ .~.~ '~i~' f:n~ mitsmp~io~e) s to theheuse but asked the applicant to from the wetlands in the backyard, .went to the Building Dept. for the not been caught was eleVated above pretty high up on the ho. use had to be raised a in a certain amoudt of alterations map, th~?t w~as recently hay bales surrounding the entire ~ot affect of the Which states, o f th is, new foundafion willthe the eXistingfoundation. a over AGIE: f'h.e I~ouse ~s only;a ~ot h~gf~er. The exposure will add maybe a foot aboy~- the ?c~lm?aLibn. R~9 B ~ ~,; The on y quest on s t sa d 530 cy of fi and as needed to 6~ .t~';~ ~ s:'stem &~ ~ 1~ ~i~ of 3' n the mdd e PA~ '~ E'~t in the. center of the sanitaw system. AG[ ~ ~';.~' '~;--~ ¢~d~i~,'s slUping down to about 2' and then lesser and esser and we ede~ RUTH NEIDEM: How much lesser? AGIE: Well we don't do the exact elevation. RUTH NEIDEM: How high will it be on the new foundation compared to where it is. AGIE: The house is only coming up, where first floor is...is only a foot higher. RUTH NEIDEM: From the existing ground level? AGIE: The exposure will only add maybe a foot. RUTH NEIDEM: The other question it said, 530 cy. of fill to cover The sanitary system, and as needed So, it might be more? AGIE: 530 cy. if a lot of fill. It's more than what is needed to cover than what is pro:ppsed to be dbr~e,;ob~'iously. It's 3' and, we're sloping away, so by the time it's beirut) gratled down, a~nd'we over-estimat,ed it~just for tl~e sake of getting it aPPr~ed. We're th ukin.g it's gA ng to be es~, maybe even 350 cy t d~pends on ~.o. Uw it ends.up being. TH I~I~P~I: H~ much around, the foundation compared to what tis now. ~l~; A,.,~i~s~tim~ ~.'e're looking about a foot on that side. We're sop ng out to thc house an~ grading ~t up. The fl I ~s most y for the septic Sop ng away, we II do as good or a that away, obviously. , concern is really drainage of water from the added that'S what we're concerned about. Io~ked at this on the site, this was one of the ; a,Board, we were out there. I out tha~ John Metzger made a calculation hat.,? ex~,~:ectedl.to come off of the roof and ground he recommended the ~umlber.of drywe s, so there will be a drywe and one back her~. So, that will catch the y trespassing of water beyond the property P~.esently, with a good rain, water is right next to our driveway, the property right now. are no drywellS now. now that. alleviate that problem. ~ of the drywells that could handle it. We are not engineers so we really can't judge that so we rovide us, as they have, with some sort of authorization carry it. IDEM: We have had high tide come up surrounding our houses and theft concern too. Is it all going to build up on our side? It happens rarely. It ha~l~l~,enid~ maybe 10 or 15 yearsag.o C~LiA ,~ING: We've owned that house for 33 years and we've never had w~e~' uQderneath the house. We get some water from the Bay, it goes through, a~ ~ur~ou;se present y ex sts w th that k nd of ngress eress but art of th s situa~ior~ I~as kind of~been a nightmare because as you can see from your recocds, 'i['s now almost been two years since we've been before this Board, and of course it is complicated by the fact that with the (inaudible) I'd be perfectly happy replacing it right where it is. and would eliminate a lot of this problem, but it's not our issue, it's what the Health Dept. and the law requires. We'll go out of our way to ensure that what we do is not going to be harmful to anybody. (inaudible) TRUSTEE PQLIWODA: If we approve your amendment, would you have a problem if there is a heavy rainfall and the water does go onto your neighboring properties, we stipulate that you put in more drainage? CE r'ou mean at some point down the road? IWODA: Only if there is a problem. : Ma'am, you have t.o use the microphone, otherwise we're for th~ record. Thank you. in an area like that, the drainage is never perfect to come ~nt0 our house and I don't think the up around the house. but we've never had a real flooding, flooding problem of the wetlands, and what have you. So, yes, if be in our best interest and while I can't say ~re we certainly we would be reasonable to do that. I'm hoDJng ths[ wo wod:t need even a.s much fill as what we're talking about here. It was no[, sbrf~othing that we have,ever envisioned to begin with that we would I~a~¢ [OdO~11i,~:'l~t~t rCS becapse of al of'these new laws. Murphy's Law has prevaf od Jor, [bose pas[ !.wo years, ltfs a rrtost created a hardsh p for us We had planned on k n~ o 2e~ng moved outan~ probably moved ~n a year ago. We re still in '!.l'ir~ .permit !)rocoss. TR. USq'F,E. KRbIPSKI: Could I ask Artie, have you taken a look at the drainage? PAt,IL NAPI/~$; I would just like to know, what is the Trustees' policy in reviewing tl~sb, siLuation~'?"li!..sooms like it comes up a lot and who actually reviews it or how is il. doterrh i~ed ,who rev ews it That's al rea v want to know TRUSTE.E'KR:UPSKI.: We can ook at t, but we rea y have to have an engineer's stamp en iL an.~t tifl(-.~.o is one here on it. BOB' NE.II¢'E.M:;:W0 h~ve had over a foot minimum of water all the way around the y0, But, if the Bay comes up, there is really no place to put different scenario than safeguarding your property against rainfaii event onto your property. We're never going to safeguard ~kind of tidal event. If it's coming, it's coming for all of us. ulations that the reason that this house has to be any construction has to comply with the FEMA or not you had to, depended on what percentage of the the Building Dept, interpreted it. So, if you did some minor ~ it takes a long time to get through the permit process, FEMA regulations by the height of your ~that it's constrUcted, I den't think you were. The next time it may be that your caught in the same bind that Mr. & Mrs. Swing are, which is to have to raise the house and put the same type of infrastructure and flood controls that the Swing's have had to do. BOB NEIDEM: I think it boils down to that we're concerned primarily if there is enough drainage capacity reserve to take care of the situation. PAT MOORE: We understand that and that's why John Metzger has provided the calculations and we do have the drywell, which are quite large. BOB NEIDUM: And if it isn't enough qualification, what can we do to protect ourselves? TRUSTEE KRUPSKh We could put a condition but an engineer's stamp is...but we can't give that. PAT r ~ leave operz the possibility of a neighbor coming in in and asking for additional drainage when in fact ;ertified by an engineer. I'm not trying to be difficult ~rs but the drainage that we're addressing ; ~d~aiing w~h perv[0us yard so, But do we haYe to raise dirt all around our side of the house in Ikthere's a misunderstanding. I put in on the whole entire site. We're not talking about site from the beginning to the end. We're just looking to ;, septic location and slope away from that as best as we can arzd we truly, don't want to do this either. It's something that's necessary. BOB NEll.bUM: Whon.you're finished, it's going to be sloping down to the edge of thoir property. Where is that water going to go? ~GIE: IrftCJ tho catch basins. PA'[' MOORE: That's the reason for the catch basins. ]'RUSTE;E FOSTER: Tbe~re's no way you're going to need 530 cy. ~,~, ~: ~r~e.th~. Fm being honest by saying that it is exceeding the a:~i~. ~?¢?'e~il[ze (~at it might be a bit too much from what is noted so 'f'kBS'~EE ROSTER: I don't think you even need 200 cy. of fill. AGIO: Wffc, atculated about 350 cy. and more. FC~A']i' MO.~.RE: With all dae respect, Mr. Foster, I've been here before where y.ou've a recommendation on an amount of fill and I ended up with my you thoughl it was going to be a lot less than provision that most applicant's take is let's be on doit a little mere than what you might need and you can ~o~w. It's best not to come here with a violation because you al~d it turns out to be higher. What is this? ~b:er...what was his name? I don't think any Board member should be responsible for th'e~ ; the amount of the fill that was recommended by ~vas put on the permit and it turned out not to be 9 accurate so in all fairness to you, it should be certified by the engineer and if he [hinks it's appropriate .... TRUSTEE FOSTER: You're not talking about William Lois are you? PAT MOORE: Yes, Lois, that's the one. TRUSTEE FOSTER: Well he applied for a certain amount of fill. He applied for 50 yds. and brought in 300 yds. The 300 yds. was my estimate and I was correct. His estimate was incorrect. PAT MOOR~: Cathy Mesiano wasthe agent so. We do not want to end up on a violation so Whether this is an over-estimate is a safe estimate. AGIE: ht itwas a safe thing to do. : Wel! o. bviousl¥ the large number has scared a lot of people. ~ut in septic systei~s for pretty close to 300 cy. but we ~.no way in the world that you're going to need tis. You have 4' to standard is 3' above but this application. 'I:RU'STEE!F~OSTER: AldghL so~it'~ 3'. Y~u still don't need that much material. You.don'!. h,a..ve to bring in i. hat much. PAT It.tO©F~J~: !t ,;vill~bo based on wl~at is needed, as needed ~the contractor com.,.e~s in'...if, tb'b~'/Job'!, need more ~an 300 cy of f i, they don t want to pay for more ~O0.cV. TRU if you applied for 200 cy. you probably wouldn't have all neighbors here beating you up. If everyone is satisfied with the drainage, that's the issue. ~ind ir~oer's stamp, I don?t know if anybody can dispute that. had drainage along side the road, and after a good rain, it's ).and also have seen the liter pit right under water. So, drainage in this whole area. TRL I was down t~iere this morning during the heavy rain, and the road. Peggy. do you want to make a motion? Do you want to '..s~ggos~. . on? T.R iR:SON: think if we've go an engineer's stamp, lhat I'm happy ~y~stem. I'll make a motion to Approve the application to include 5~I'(:1. ~. needed [o cover the sanitary system, and a one-year ..,'.'5423. ~/O. DA: I'll second as per the stamped engineer's plan. change that wording to up to 530 cy. or less if KR~I~SKI: How about up to 530 cy. or as necessary, instead of and, WODA: Seconded. ALL AYES 10 9. William A. DiConza, Esq. on behalf of SHAWN & JOLYNE FITZGERALD requests a Waiver to erect an open split-rail fence within 100' of Wolf Pit Lake. Located: 495 Paddock Way, Mattituck. SCTM#107-4-2.1 TRUSTEE KRU PSKh Any comments? This has been open for quite a while. We're going to close this but we're just going tc open it up for comments, if there are none, and I think we haVe quite a few comments on this already, a decision is going to be forthcoming at our next meeting. We really want to write up a detailed Resolutiqn on this. That's it for tonight¢ if no one else has any comments. GAlL WICKHAM: I just want to submit a letter, which I didn't see Mr. DiConza here earlfer and I will:give him a copy. to make ~, and to~ e last meeting, so.m.'e'!.hing [tha[t .[tho Fitzgeralds irnpa'ct.on Lbo 'fence application. As lar as Lbo covenants and restrictions arc concerned, 5olieve we made it out, as sirdply as we could n [the aLter [that the coveg~a~Test~i. ,~ .- C~'qP. ~e not reda y sor~o[hi'n~ that '[this ~pard ~s empowered to enforce or'~hter~ret an¢~e Board s~oul~¢ust..lir~it~tso([,to the potential environmen~l i~pacts o ,tho sp t-re fence TRUSTEE KRU~SKI: bla.ve you roco'ivc~ a leEer, and-we race 9ed t n our ~.e on Juno 1~ ". f[om Bs'se~s. Ho'lLor and Angel? MR. =BiOONZA: No. 'I~U.~.'I;~E ~MPSKI: WouM you like a copy of that lette¢ I'K~[E ~KI: The Board can reserve decisbn if you like, until you have ha¢~H~e:'[o r¢~,~w that. M~. ~DId~N~: ~re. When is tho Board's next meeting? TRPe~~ ~EU~K du y 23" MR. BIOONZ~: I.f:l 6ould Ioa~o tho legal record open for ~o weeks, then I'll have an, o~: 2r~a~ Lo ~spond. 'hank ).cu. NiEt~ ~ ] we,'Id just like [o add Io the record another piece of material that d~a[~..~ ~'fl ¢~ ~,~jth ~he. ~altor or covenants and restrictions that we fee have al~6¢( '"" "" '" ~.vJo]~)~e~ il in facl that is the of the Town Board and really jurisdiction nor 8 ~ ~ee; can pass thai onto them. T~¢ ~ ~'~e~l: We will keel:)this hearing open for an additional 14 days anrJ2.~t" ........ (~e ~e will make a determ~nabon and pass a resolution at our July F,{I~. I ~N~A: Thank vou. 10. RU~SE/J- ~ JOAN MANN request a Transfer of Perm t #1758 from Jerry Bady to ~.;u~l~&.~oan Mann to repair the existing dock. Located: 1775 Calves Neck R~d ];' :~h ~i~d,~, ~.. ~ ~, SCTM#70-4-48 TR[J~ CE~LI ..W(~DA: Permit #1758 reads the application has been approved td :~or~.a, dock, ramp, and bulkhead, and dredging to be done on the north 11 side of the dock only. I aon't think we should transfer this permit without the specs on the dock. We shouldn't transfer it because it's very vague in the wording. We could deny it or Table it. TR~JSTEE KRUPSKh You can approve it based on the applicant submitting a plan for it. TRUSTEE POLWlDODA: Okay, that's fine. TRUSTEE KRUPSKh It Will need a cross-section and diagram. TRUSTEE POLIWODA; It might also be a little long. TRUSTEE KRUPSKI: It has a permit though right? TRUSTEE POLIWODA: Yes, but it's vague. TRUe.TEE KIN. G: There !s,, no drawing? ~RU:STBE POE[WODA: It s from 198:3. ~--MCg~E POLIWODOA: I'll make a motion to Table until July's meeting. ¢~TEE~ DICKERSON: Seconded. ALL AYES 11 .DANIE~L BUSSEY requests a Transfer of Permit #1332 from Nora Hickey to Daniel Bussey: Permit is for an onshore/offshore stake with pulley line to onshore stake and a 3'X 15' catwalk off the right-of-way known as Rochelle Place at James ~reek. TRUSTEE KRUPSKh Is there anyone here that represents the applicant? DANIEL BUSSEY: Yes. TRUSTEE KRUPSKI: When I was on the Board when we made the transfer to Nbra. Hi,key in 1994, it was a complicated transfer. What the Board required at thatP, oir~ was a letter of consent from the neighbors because what t s, s once you~ have ownership of that permit, you really have ownership of that...or monppe|i~e that part of the creek and part of the road end. DANIE .L"BUSSEY: From what I understand, that catwalk was grandfathered d~)wn, to that pailicular lot for the last I don't know how many years. It's always been pa~of that house TRUSTEE KRUPSKI: It doesn't go with that house though. It's on it's own What we required at the time, this says 1979. There's a letter in property owners who have deeded rights to the use of Mattituck do not object to the dock ~Frank Polesky and agree to his being granted a permit for it. t signatures there. Apparently no one owns the road. I don't know road. I don't thinkthis Board has a problem with the would like to see the same sort of scenario take place though in that, I if you could get the signatures of these people from 1979, but get the sigr~; b~r.es of~peoplewho live on Rochelle Place and there are e~ght names here, w,,h~CI t'h nk represent m,,ay four or five families. DAI~ iL~ BUSlSEY: I don t even th nk there are e ght houses on Rochelle Place. TRI ,]'E,E KBUPSKI: It looks like five. D~,:. !L BiUSiSEY: So you want me to just go to their houses and get an approval from~ leto? 12 TRUSTEE KRUPSKI: Unless the Board has another suggestion, because once we grant this to you, you really have ownership of that dock, until you decide to transfer it out. Normally a dock comes off of someone's property. This is very unusual. DANIEL BUSSEY: I know it is. 'TRUSTEE KRUPSKh-Like the last one we discussed, it comes off of the applicant's property and no one else any rights to use that to access the waterfront~from-their property. Where this is a road ending, everyone has the dght to acpess the waterfront from that road ending. So by you or by Mrs. Hickey hts to that dock, you really exclude everyone else's that point. ~lmost be a community dock. are other stake and pulley permits over there. There ~ that are moored there. that's fair?. TRUSTEE FOSTER: ;of~cert~ed homeowners aren't concerned, that's iino with us. DAblIEL BUSS.bY: So just get a letter of approval from the neighboring houses on that block then? TR:USTEE KRUPSKh The way it was done in the past was there was one letter andH¥~on eight people signed it. TFCU~T, EE KING: You can come and get a copy of it. 'I;I~.ST.'.E.E POLIWODA: If they are against it, you can come back to us and we'll of~e? th~doc.,k to the community and then you get an onshore/offshore stake, TR.~. S'I;',EE- - I~R~IPSKI: Then who would use it? T'BWS2'.E'E, POI'IWODA: For landing purposes, load and unload. D;~l~'l ''- - ~";BD,~SEY: All right so I'll just bring you guys back a letter of approval. TR;B~'I'C.E ¢,R!gPSKI: C~ome in and take a look at what was done in the past and you.c~n.get a c. pp~ of the letter, DA,'.~,JIEL,,,BU'S~Y: Okay, thank you. ~R~$~EE I~F~tCPSKI: I'll make a motion to Table the application. TR~S'.T..~.E KING: Seconded. ALL AYES 12. L:I~'D;A L,. F.~, SBACH requests a Transfer of Permit #1332 from Lawrence M~dh~ll to ~in.~la L. Fasbach, for the existing deck. Located: 2905 Bayshore Rd., Greenpo~t.: S. CT'M#53-6-4 TRUSTEE FOSTER'. , , ~ . . Does anybody have any comments on th s request?. Any_ B0ar, d com~er~ts? I'll make a motion to approve the request for a Transfer TRUSTEE ~)~WODA: Seconded. ALL A~'ES 13. VALERIE KRAMER requests a One-Year Extension to Permit #5357 to constru,ct a .sif~gle-family residence with a 20' non-turf buffer landward of the bulkhead. Locatedi 980 Mar~hanset Ave., Greenport. SCTM#34-5-20 13 TRUSTEE KRUPSKI: I'm just going to check if there are gutters and drywells on thepermit. It has the condition of a 20' non-turf buffer landward of the bulkhead and gutters and drywells to contain the roof run-off. Is the Board happywith that? TRUSTEE POLIWODA: That's fine. TRUSTEE KRUPSKh Do I have a second on that? TRUSTEE KING: Seconded. ALL AYES 14.DOUGLAS DEFEIS requests the last One-Year Extension to Permit #5188 to replace the existing dwelling on same foundation with a two-story dwelling, includingthe existing patio decldng, stairway and dock. Located: 1165 Cedar Poidt,.Dr.~ Southold. SC~#90-1-3 , TR,US~EE KBU~SKI: The permit was issued J,u, ly of 2000 and I don t see any guttezb!ag¢ d,rywb!]~s mentioned'in the permit. III make a motion to Approve the Ibst;.e~¢b~ar ~xteqs, io:n' for Mr. DeFeis and the permit has to be amended to i~clUde,.g'.~ters ~hd~'d~elis to (;onta n all roof run-off TIS,~S~E~ K NG; Seconded. ALL AYES 15. R[CEIARD & I~M PERRY request a One-Year Extension to Permit #5378. Permit is to Cer~struct a 4'x 80' .c~, twalk landward from the existing catwalk structure, and a fi-!e¢~i~ber ~;~p at th~ landward end, convert existing 2'X 36' fixed catwalk to 4'X3~ U~¢lizin~;e~sting piles, install add tend CCA p e~ as required to support the pr~)po~ed ~)" Ca;twTali~ a 4'X 250' crushed stone pathway, an extension of bac~ ,~d to 10~':from bapk of house and seed as requ red, and nsta an n- gmurfd sprinld~'system. Locste'd 830 Clea~ew Rd,, Southo d SCTM#89-3- 11.5 TR. t~STEE POLIWODA: Is there a survey?. -F~TEE KRUPSKI: Yes. T~.4cTEE PO~.IWODA: Okay. Are there any Board comments? I'll make a m~tibn to, ApproVe the One-year extension to the permit. TR~STF~E KING: Seconded. ALL AYES 16, En-Cons:ultants, Inc. on behalf of RICHARD ANDERSON requests the last One- Year Ext~nsionr to Perm t #5178. Permit is to construct a two-story, one-family d~ellipg ~and attached garage deck perv ous drveway and sanitary system, to install a di3A~el[; connect to public utilities and water well located in the right-of- wa, y.~ind ~r a 4' wide cleared path down to the water, all with the condition that there.is n? disturbance on the north s de of the dirt road. Located: Wunneweta Rd., PUtph0gue. SCTM#11,1, -14-28 TRUSTE~E DICKERSON: I II make a motion to Approve the one-year extension, per the p~ans. TRUSTEE FOSTER: Seconded. ALL AYES 17. ROBERT KRUDOP requests a Transfer of Permit #366 from John Dempsey to Robert Krudop for a 4'X 16 hinged ramp and a 6'X 20' float secured by 2 8" pilings. Located: 4650 Old Jule Lane. Mattituck. SCTM# 14 ROBERT KRUDOP: I'm Robert Krudop and if you have any questions, you can direct them to me. TRUSTEE KING: I looked at this. It is what it is. There's a platform, a 7'X 8' platform with a ramp tha~; goes down to the float" TRUSTEE KRLJPSKh t comes off of the applicant's property?. TRUSTEE KING: Right. In the language in the old permit it said the platform is 20' Iong~ which istoo excessive. If we could just keep what you've got there, a 7'X 8' platform with a ramp down to a, and I think it measured 5'X 22'? ROBERT KRUDOP: Right but it's g0i'ng to be 5'X 20' because I have to replace onl want to keep it 5'X 20' then? y. ::)kay, andthen the only thug is you need to just draw in on the or~ the survey. Just draw your ramp and your float so it's ; it's locked, with the dimensions on it. Ydu!ve got it. approve it now but just get that into us. permit until you get us the plans. You )n there. ) Approve the Transfer for a 5'X 20' float, a ]rm. ~. ALL AYES TRUSTEE ,FOST,ER moved, to go off the Regular Meeting and onto the Public Hearings, TRUSTEE DICKERSONseconded. ALL AYES IV. PUBLIC HEARINGS: THIS IS A PUBLIC HEARING IN THE MATTER OF THE FOLLOWING APPLICATIONS FOR PERMITS UNDER THE WETLANDS ORDINANCE OF THE TOWN OF SOUTHOLD. I HAVE AN AFFIDAVIT OF PUBLICATION FROM THE TRAVELER WATCHMAN. PERTINENT CORRESPONDENCE MAY BE READ PRIOR TO ASKING FOR COMMENTS FROM THE PUBLIC. PLEASE KEEP YOUR COMMENTS ORGANIZED AND BRIEF. FIVE (5) MINUTES OR LESS IF POSSIBLE JOSEPH & GRACE FI NORA request Wetland Permit to construct a Iow-sill bulkhead to curtail rapid erosion of soil and trees. Located: 185 Bay Ave., Mattituck. SCTM#122-3-12 POSTPONED UNTIL JULY 15 LORETTA HINDERLING requests a Wetland Permit to construct a two-room, two-story addition with basement, a two-car garage, deck, front porch and dormer. Located: 132'5 Smith Drive North, Southold. SCTM#76-2-2.5 TRUSTEE POLIWODA: Is there anyone here'who wou Id like to comment on this application? The CAC recommends approval with the condition of hay bales and a 10" non-turf buffer. Accordingto the plans and our inspection, I don't think we had too many problems with this. Does anybody else have a comment from the Board? f not, Fl[ make a motion to close the public hearing. TRUSTEE DiCKERSON: Seconded. ALL AYES TF~USTE;E PQLIWODA: I'll make a motion to Approve the application as per pla.~ns ¢la~i~~ M~Y 29, 2803. TF~E~ F ,O~T~I~iI Did it have hay bales, drywells and roof drains? T.~ P'O~IW~D~:, Nc~t on the plans. We'll make a stipulation that there be hay b~l~es.i~ t~l~¢e~ ia 10 non-turf buffer a ong the bu khead as well as drywells TRUSTEE FO~S, TER: Seconded. ALL AYES MICHAEL D. ANERELLA requests a Wetland Permit to rebuild the existing kitchen at the rear of the house, on the original footprint, providing proper foundatiOn an:d [gof~ Located: 855 Pine Neck Rd. Southold. SCTM#70-5-33 TRU~:3;EE K~U.PS~h Woutd anyone like to speak in favor of or against the application? Th~ CAc recommends Disapproval because the existing structure does not match what actually exists on the site. This is one thal number of times. It had a little k ~ide and they tore that kitchen off and they made this. Now the plan to actually put the kitchen back. Here they show a that kitchen. That's the footprint. Here are the plans me, now I can't read those plans, but it shows what it before they tore the kitchen off. Unless, that's going to be I don't have a problem with approving it adding dr ) contain roof run-off, which I don't think was on the original ~ condition that they actually provide us with a survey that's This one might, but it's unclear. maki TRU TRM set that TRI They need a survey. So, if there is no other comment, I'll ~a. t;notion to close the hearing. 3'TEE FosTER Seconded ALL AYES ~,~;EE KR~PsKI: I'll make a motion to Approve the application subject to a f!pf.a, ns, sE0wing the project on a survey and drywells and gutters shown on ;~y, to cont,~in roof run-off. .~EE FOSTER: Seconded. ALL AYES 4. KRISTIN HORNE re.quests a Wetland Permit to relocate a 6'X 8' wooden shed from :residential lot #114-1-11 to vacant lot #114-1-12, to be set on six (6) cinderblocks. Located: 3240 Westphalia Rd., Mattituck. SCTM#114-1-11 & 114- 1-12 16 '6. APPLICATION WITHDRAWN WITHOUT PREJUDICE AS PER THE APPLICANT'S REQUEST THOMAS & BEVERLY CHRISTIANSON request a Wetland Permit for renovations and additions to an existing single-family residence. Additions to include new screened porch with deckabove, new sanitary system with retaining walls, and parking area. Located: 7065 New Suffolk Rd., New Suffolk. SCTM#117-5-30 POSTPONED UNTIL JULYAS PER THE APPLICANT'S REQUEST In, c. on behalf of BRIAN.~CGINN requests a wo°d de(;k apPr°×- 40 from ~he existing porch Located: 645 there anyone who would like to speak on behalf of this Use. A couple of quick comments. I believe the ;deck-in the rear might be incorrect. What they are essentially closer to the bulkhead and 8 %' to the east. 9ad sca[ed out to approx. 35' from the ; n0t what's indicated to be 40'. The other proposed structures are · T~ere already is a deck there. IWODA: I looked at this, I agree. I didn't have a problem with it. Do you want to make a motion Ken? Any other comments on this? I'll make a motion to close Seconded. ALL AYES make a motion to Approve the application. Seconded. ALL AYES M~ery~ ~amer, Architect on behalf of NANCY STEIN requests a Wetland Permit to ~nstruct a 24 sq.ft, bathroom addition 26 sq.ft, deck addition with roof over ~.xi~ng patio, L0ca~ed: 2665 Cedar Lane, East Marion· SCTM#37-4-12 1 TP~ST~E FOSTER: Is there anyone who would.like to speak on behalf of this ap~Cafion? MEaL t~RAMER: I'm the architect. Basically this project is a cosmetic one. It waS,~rok~n~r out into two different parts of a permit because they wan!ed to get thei~',win~ow order in, so we did windows and siding first and now we re going for the ;roof Over the existing porch or concrete patio in the front and then we're just expandin~g an existing bathroom just to make it a little bit larger. I have some phOtog~'a~hs and e evat OhS for those of you who d dn't o to the site f that WoU!~t be~ helpful. Just to clarify, we're just extending the front gable out over the existing Con~rete patio and we just have to add a little bit to the edge of the patio to ~t~ E out~ so it's symmetrical on both sides. The bathroom is shown on the 17 north elevation, which is on the side of the house, I believe it was 4' from the existing house, TRUSTEE KRUPSKh It's not going to be 85' high? MERYL KRAMER: No, ! think it's about 10' to match up with the existing roof, TRUSTEE FOSTER: I put some recommendations down here. ! really didn't have a probiem with what you want to do, I was there when it was pouring and watching where the water was going and 1 think you should put some roof gutters in. MERYL KRAMER: There are some gutters there and the plans are to... TRUSTEE' FOSTER: You need drywells. The water was pouring out of there. [ ~vas g,oing to recommend a 10' non-turf buffer. Other then that, I. real y didn't ave~ a~'ob!em ~ith it. It doesn't seem.to be a: major projeC~ b~t when they take f~hat turf out, you II. need a silt fence. T~STEE ~uJpSKI: You could add mulch and plant it. How wide is the area? ME~,"¢'L KRAM~R: Are yOu ta~z]g about a cng the wh~) e water ne? Th s s rno$fly a b,,'oS~etlc job arid ~rt seems a little excessive, it's 148'. The;'e's a bulkhead on hall' of the property. TRUSTEE KRUPSKh I'd'be happy to make them do it when they come in to repair fha~ bt~l l~hoad TRUSTEE FC~STER: I'll make a motion to close the hearing. TR.U~TE.E. DI'~KEJ~SON: Seconded. ALL AYES TRU,STEE' FO.'STER: I'll make a motion to Approve the application with the stipulaLion:that,drywolls be added to contain the roof run-off. TRU~STEE DI~'KBR'SON: Seconded. ALL AYES Meryl Kramer, Architect on behalf of LINDA FASBACH requests a Wetland Permit to Construct a one-stow master bedroom addition. Located: 2905 Bayshore. Rd., Greenport. SCTM#53-6-4 TRUSTEe F0~STER: Would you like to speak? MERYL KRAMER: Meryl Kramer, again. Do you have a copy of the letter m support.0f"the:project by the one of the neighbors, Ann & Georqe Nelson? TRUSTEE F~TER: Okay, do you want me to read them? MEP~YL K~AM~ER: No, I just wanted to make sure you had it, otherwise I would give ,;you a' copy. TR~'~TE ~TER: We have Ann Lorenzo and Ann & George Nelson MI~¥L I (A~R:,.Okay, I only have one. Again if you I ke, have cop es of the ei,e¢~:ier~a;t ii!don t thi~k was complete when the application was submitted, sliding e v~W modest addition to the ex st ng master bedroom that's go ng to be ~r~ thianc~ard side of the house, which I th~nk should be pretty clear from the.Braw; ~]S~ TRU~TE! FOSTER: Any other comments? Well have a couple. There is an avcf~i Iot,¢ occupied space on this piece of property and I don't know what kind of sh~ape!la.septic system is in but after y,ou put this bedroom on, if you have to do a,r,,l~h~[ ~,,Wi~¢l it, I have,no idea how you re going t,o, do it. ME~L K (~,M., ER Well it s the existing bedroom that s just being made larger to a~mrno at~ basically just to get some more window space so they could have 18 air circulation coming from the waterside. So, it's an existing bedroom that's just being expanded on the landside. TRUSTEE FOSTER: I understand that but I don't know where the septic system could possibly that vents on the side of the house and you only have. about 5' of side yard there. And there, again, those downspouts are running full and they were just following tha'~ little brick wa!l down, ali the way down, over th'e bulkhead and into the water. So. there again, I m going to recommend drywetls for the roof run,off and I would really like to know where the septic system is and have somebodytakea look at it and certify that it'sadequate because once you, put this bedroom I don't know how in the World yoU're ever going-to, add onto it. MERYL KRAMER: t's my unde~t~ndi'ng ~h~t t~Sep~fc'is, ~]3~ cfc°Urse We can have it certified... TRUSTEE FOSTER: Have somebody dig it up and look at it because it's ...it would be a shame to do all of this and then haveto come in and rip that place believe that the septic is to the direct south, at an angle. door and there was a car in the driveway door. So what's your recommendation besides gutters and jet that certified? It does make sense thatthe septic before the property is completely closed in. .: Well not necessarily upgraded but somebody to take a look :'s it adequate. 'FRUS'CEE KRUPSKI: How do you want to work that in terms of a permit? MERYL Ki~,MER: Can they go out with a septic person and certify that or have a n.~ongi.ne~' do. that? TRU~...T, EE .FOSTER: Somebooy has to dig it up. We want a compliance ~ns'pection .~yhon the project is complete. TF~U',ST:EE ~.t~RUPSlkI: But bow do you want to hand e it at permitting. Do you wahl!to,do it subject [o, or do you want to have this done before we issue a T.~EE :FO,~TER: Put it in the permit. It will be one of the conditions of the p~., I'll .~ake a motion to close the hearing. ~EE ~[N~: S!econded. ALL AYES '~EE ~OS~?ER: I'll make a motion to Approve the app ication as requested w~' ~,~;~ stii~U Bi,ions. One, that drywe s be added for roof run-off. Second, the se."c)Li:c.~yslem be either certified or upgraded if it is not certifiable, and that we h~a~!b~ i~sPed~ion when the project's comp ete for comp ance ~J~EB~ N'~ Seconded. ALL AYES JEFFREY HALLOCK requests a Wetland Permit to cut into ground of right-of- way'for installation of underground utilities, ~)ermission to cut base of existing dirt roadway to upgrade with stone materials, and for the proposed driveway landward of the right-of-way. Located: Diachun Rd,, Laurel. SCTM#127-3-9.1 TP~USTEE KRUPSI<h Would anyone like to speak in favor of the application? 19 HARVEY ARNOFF: Good evening Mr. Krupski. Harvey Amoff, 26 Roanoke Ave., Riverhead, NY. You all have the updated map, I believe Mr. Halleck delivered to you quite some time ago. Unfortunately, it couldn't be done in time for your May meeting so here we are in June. I believe that the map; as you presently have it, has now met all of the requests that you made of us, at least I think it has, atthe last meeting in April. It shows the cross~section, it shows the pitch away from the elevation, it shows rur~off, and it also shows an area, which the Board indicated they were iri¢lined to have us straighten. There were two areas, and you can see the different lines, There are two areas, which shows traveled dirt road and the actual, place where the Board wanted it moved further away. We were somewhat at Onau. dible)and.the DEC said lea~e if, alone. We cer~(~ly will If they don't Ca're, we ~an. m0v¢,, i,~ .be~;~a~jSe. we!re, g~qir~g to be moving,,i'b;rth~r bnd'w~rd; but they prefer to h~v;e ~frings;left ab)ne. We'll dp wh~!:ever tb'e Board~ directs. Noth ng has ch~nged~ ~e sp, oken~e th~ ~¢ird e~' t~nkfbur ooeasio.~ and don t ~h~gk there ~s an~g' new or d~ff~re~t Othe~than ~hat you have m front of yOU. TRUST, EE KRUPSKI: Thank you. HARVEY ARNOFF: I¢ there are any questions, my client is here as well. He may wish to address you at some future point tonight. TRUSTEE KRUPSKI: IS:(here'any other comment? ~ATTHEW:,~TKINSON:- I'm Matthew Atkinson, Peconic Bay Blvd. in Laurel and I m repr.esenti~lg some ~ thel neiBhl:tors here n oppos t on to th s part cu ar road and to ~he c~eve~opmen¢!~hat goes along with it. ve submitted written comments and I a'~sume_(hat you ~ve ~ot received any word from the Town Attorney concerr~fng whether th ~ Wou d be subject to the morator um However, 've made ) the moratorium because it's im at the project as a whole. The key word presented to this Board as the for a s~ngle-family home. This is simply not the case. The approve the ZBA's resolutian. If this s bhas no[ mod?~'ed you would have to go back to the ZBA. This Mr. Ha lock; on the survey, ~s show ng on y the ; ~ one,Of the tax lots. We've heard the merger before b.y Mir. from Mr. Amoff to the Zoning Beard: of, pply to both of the tax lots be0ause : Furthermore, we know that during the whole pr.c~cess uns were there asking for 280A approval. The letter f~om,=,the Zoni , [o Mr. Arnoff regarding the 280A approval of the northern ~bt said. look, yeu ye got to repa F the road as we sa d You've got to bring it Up all the way. TI'tat would be to Ronald Diachun's property. That's what'; s Eefore this Board. NOw, if you asked to submit an application that the ZBA has not a pproved~; this would be your initial look at this. This is segmentation wrote large, it's ar~ effort to go between two agencies back and forth get a little frem,one a little from the other and move on this way and ask each ag~ency only'to look at it S ovwl! itt e p ece of the puzz e. The requirer~ent of an ag~nc~y under state a~v s to ook at the whole picture. That 2O was a SEQRA review is all about. Even if you were only to approve a quarter inch of pavement and no other agency looked at the environmental impacts of the whole action, you're supposed to look at those impacts. It's discretionary. It doesn't mean that you have to approve the whole thing. You have limited jurisdictions, sure. BuLth6 requirements that you give a hard look at the adverse environmental impacts of an action simply cannot be met by only looking at a schematicdrainage plan, no calculations, no addressing of the ddveway of the house, of the other houses that are planned, the change in the hydrology in the general area, whicb~yoqr Supposee Lo look at uf~der SEQRA, there i~s no long form to assess the a~a and at of lots. all of whom up. Mr. Arnofl' has g~ 3r.,zone makes .no sense. You've got all the run-off' going l. haL way. 'l'here is noticing go'ing on. '1 here is no ollorL hero in looking adverse imp~:icts' may be. This is the road take it ,uld like ygu to f}c~ d~wn. It's not a good road. I!.'s a bad road. This is a road. that r, uns righ'L alo[~] hf~ most importanL part of this property, it's 'tidal II'ood zone rght op the woLlar;~d.s 'and!.lti~ go~lng Lo cre[-tte a pattern et development ~¥h'ere all of tho run-off from inat det~l~pmor~'L will go straight into Lho woi at, ds ask you to reject tlflis appliu~,l~iB0 ~.~ 1:¢<)~t~ise g ye 't tf~e env ronmenta rev ew it's on[ [ ed ,to Th~ank Board I~'~i on I have qne question for you 'You mentioned the )ckes lot. I don't understand the reference to that. I enclosed it as an atta¢~mentto mY btS. t e~te.r to the 23'2002, Mr. Arnoff wdtes to the Bda[d; ~ would like to the what's submitted there is a lot here marked off and lot to the north, that's also r~arked "Jeffrey Halleck". So, ;.refer to. )N: This is the confusion and Mr. Arnoff was quite right lhe doctrine of merger. Mr. Halleck now owns two adjacent party, they are considered (~ne lot In order to ~e would have to go and get a subdivision approval, which right today with the current moratorium, but the inquiry on you can correct me if I'm wrong, and no doubt you will, 21 is that assuming I getthe subdivision, will you extend 280A, that is road approval, to the second lot. What you see on the drawing before you is only the southerly of two tax lots that are owned by Mr. Halleck. TRUSTEE KRUPSKI: Okay, just for my own clarification, the one is marked 5.2 acres and that one has the proposed house marked on it. What you're saying is both of those lots are legally one lot? MATTHEW ATKINS.QN: That's correct. Under the doctrine of merger, two tax lots are one tot. HAR:VE¥ ARNOFF: I am certainly am not going to make an interpretation of ~he, t,h~,the[e has in fact been a merger or there has not been a merger. There ece;.tw~ Iots, ar~ there are two lots on this particular parcel There is a line that exits p~ the;,t~a~ map which divides...as a matter of fact. there are two separate [ax'[~iil~ ~'gr tli~, pa~iCuJar parcel. There is no application, by the way, asr We sit h';er~:td~[~¥ pehSi, p~ t'or:any Subd vision of t~lis particular property. ~R~¢~: ~R~P~}(I:; ls,e~nybpdy as confusedas I am2 Which particular property;?."'5'::'a¢;rbs or 10 acres? HARVEY ARNOFF: Weare ~lking about 5 acres. That's all he owns. TRUSTEE KRUPSKh I dgn~t; ~now if Mr. Atkinson is referencing the adjacent using microphone.) when I purchased it, it was two not in front of this Board. Could you please come up and show us? This together with the right-of-way is 5 acres, KRUPSKI: It's deceiving in that it says 5.2. KRUPSKI: Is there any other comment?. \RNOFF: Only one, which is unusual for me. Whether it's a good road or ~ road, it's the only road1 There is no other place it can go. There is no etki/er access to this property. The zoning board has given it's approval to it and all; is that you do the same. Thank you ATKINSON: Can I ask one thing on the equities here? It's the only , chose to have it be the only road. That's not binding upon this Furthermore, that road has been subject to improvements before this to review it, according to the letter from the Zoning ) Mr. Amoff. Somebody has been out there improving the : a road here. They are making it. Thank you. ?mspeakin§ on behalf of the community that is opposed to address Very bdefly the road. have before me a copy cfi Krupski wrote to the community back on January 2nd, I quote, "our Board believes that the best location based on 9 creek for an access way should be onthe east side of the was six months ago. So, you and the Board, presumably, saw the wis~, if indeed there shou Id ever be one, and that is totally of the proper[y, away from the water, away from the 22 wetlands, away from any kind of possible destruction of an environment that up until now, is pristine entirely on one side. So, are we to assume, and I'm speaking now for the people who come here all the time. and have been here month after month, that the health of the creek, somehow would be better off if a potential road were built right beside it and at times, on top of it. Common 'sense, it would seem to me, and also past history oftbe North Fork, would tell us all if that road is built where this applicant wants it, this creek and these wetlands will be destroyed. They~will simply not look like they look today. There is no buffer zone, nothing has been manaated that many, many trees wouldcome down if fhis s applicant ~ would like [o submit bef..0re ' ' wtiibh we speak, ;~aker~ ~om ~an lo(~k at, can ws~ ~.you to do the environ[non!.ai studios th;q..t she of development, an(! ind'eod this is a Wh.ethor or noL !.horcqs on'e house or potentially 1.0 houses.'whate~/er. We're talking as it is. Lastly'l wo¥1cl I.iko to submi[ a copy of the comCnunity back in January and also speaJ~ a~d"!:ho. [irsb is of the area taker y an area open to 8'11' North Forkers. I.[ is lucky onpug'tl'..'Lo 5e on the.tither side ofit. -rRUSTEE K~;UPSKI: Any oLhor comment? ELLIE D'I,~CI.,-tJJ.N.: wasn,t going !.o speak butthe truth must be said. That's been !.hero 1'00 )~,ecr. s and I'm going to tell you something. You can come during a storm and nothing, has ever been in Lhe creek. Nothi.n,g. That road has never boon opdb, d. n'0t my yar.cJ' and.even thb garden that s by the thing there. And other, thin.~Ls, ncnb, o! L~.o~'oos will bo t~/~en down. You won't even see. I can see over there and~co ~/ou krtbv'¢ ~haL's poll~ted'. I~ve watched it and Ive got w[~n.esS'es. Th~.y are ~'a~i~g ~'eaves th~ 8re going in~ the creek, throwing flower pets n.!.o [f~c~cr.ook. garage and th~s ~s going~on all over. Most of he cesspools a.m,. rigb't c ese ~to, the ~'-~, e'r Now you wou d never approve t f put a cesspoo there if'l ~,as r~u~l;d!~ng. T'horo s a lot more in that~ creek and you just come and watch ii~ on a Su.n~Jay when they !.hing no one is hame. I'm always out there with my dog so I se/e a lot. Like I said. none of those tr, ees will be taken down. We've never hacJ no ~f,r~orn unLil she camo from the city ~two years ago, someone told m'e. 'A~i~J'othoC¢[l~i~g'fs. they just had that road ,~la(k-topped two years ago. I went down th.~r~ ro~-i~J becbuse I have a CouPle,of f[i~nds and my lord, pot holes and dfrt and that's closer,to tile. creek than these he, uses will be. Thank you. BARBARA LA:~KI~I: ~., ell. since Ms. Diachun is (al~.ng about me, I feel compelled to respond, if ypu trill. We've owned our house l~or ~ ~ears. I know people of the Nd~lrt~:~erl~, ¢~'~l:[*l~li~a~ril~,speCifica[ly had said thin,ts I ke we're from the city and We ~e'h~t~: . C~ belong and we re not from the North Fork. tt m~ght interi~s~ ~/..ou to~J~ ~l~¢the :current population of'~be North Fork 80% of the peol,~le.,whe h~e~ ~e t¢~ m, the North Fork, have cbme ~n the last 20 years. Th~s 23 is not about Who was born here, whose got a house here to 500 years, whose got a family here for 300 years, this is about preservations folks. That's what this is about. And Ms. Diachun, you have three DEC violations against you for dumping in the wefiands~ ELLIE DIACHUN: Where? BARBARA LASKIN: Where? I will give you a copy of the violations and in fact, this Board knows that as far back as the previous owner of our property, Mr. dohn Breis, came before you several times and urged you to ask the Diachuns to clean up the wetlands. [ have cop~es of that. We are going back 11 years. He could never get any~ action, We have two constable rep(; As that went over there d~ne' This s not about dumping eider, but ii you want to talk ( at that old rusty 1954 Chevrolet with a tree ~ deck, let's take a look at the old rubbers, the Ilution; shall we? Not leaves, about. dumping more an(l we'Ve seen dumping were shocked at We've /But we're not what the west ht and I (ion t want J rather ~tl~t. address a. co.p.p'le of issues that she the, road, that I'm building a. road. The Board You know th~at road e~dsts and ~ve~re npt constructing .n '!'.. '..' been constructed St{e also says;that. She~s. · :'.'. ,'.:' .: ". ...: m~i..ty. I can bring in at least a dozen ofher neighbors that .'. ; .,c : ... ¢(~ chosen not to. I could fill this room with 100 people to .......' · ' ..-. ...,:', ale; long enough. I've ehQsen rtOt to. I've ch, osen to sta u B ibrin9 n as many peopJe thd n ke thsa crcus 1 co . ~as ey dO, I~ve you the names ng, ht no~ that are ~n my support. I II the pristine side of tee creel~ !?at~ I'm 1ookfng to put a minute~ ;later she'S a[gu~,qlthai~ it S polluted. Which is it? ts Th s s a p ece of,prope~y that 1. have known about retirement to buy 't and th,[~3[~ 1. have a, right to enjoy it. Wove of[~red ~o do whatever th~s ;· to do. I'm! still willing to dc>, anytl~fng yCu want meto do but I want Whether I ~n use my pr, ope~ or not. Thank you. If there is. no other commenz .... 24 JiM HAUSER: I'm also living on North Oakwood Dr., and I believe in property rights and I think that very often government gets too involved in interfering with people's ability to put up the type of shingling they want or something like that, but this is something that is not just a person putting up a house anywhere. It's a person putting up a house in an area that has never been developed before; It's a farm road, it's a farm track, it's a dirt path cut-through that's been used for 50, 60, 70 years:, I~m sure, butthat's notthe same thing as a modern that has been put in for modern houses that would be put up there. So, that's the issue more than a person';s , rights. The Board has visited the site on numerous York state DEC, ~ ~me ~d revio~v thi~ planl, as submitted and acces,.sing tho siLVa as we, Il. W al planner on the field conditions, can Seconded. ALL AYES : I'm sorry, I didn't address, the issue of the moratorium in el that this does not could we have a timetable? this to him in writing tomorrow. Mr. Hughes :. This is what the Town Board has that is currently in front of him. This alii conducts his review, what then? Jld then act on his report. : further input? could have further input but I mean at this point, Actually the request for an environmental to...you could certainly question the report. objection to the Board making a decision 10. Patricia C. Moore, Es¢l on behalf of FRED GLASSER requests a Wetland Permit o reparr the ex st ng 4 X 59 t mber dock, 8 X 12' platform, 3'X 17' ramp and 5'X 24' rio,at. Located: 220 Oak St.,'Southold. SCTM#77-2-4 poST~'oNED UNTIL JULY AS PER THE AGENT'S REQUEST 11. Douglas M. Soffey on, behalf of N ElL rvlOGOLDRIOK requests a Wetland Permit to reconstruct inkind/inplace existing (70') timber groin located at the western end 25 of the applicant's property. There is no filling involved with project. Located: R.O.W. off of New Suffolk Ave., Mattituck. SCTM#116-4-16.4 POSTPONED UNTIL NEW PLANS ARE RECEIVED 12.Catherine Mesiano, Inc. on behalf of DENNIS HENCHY requests a Wetland Permit to construct a 4'X 37' elevated walk @ 3.5' with steps to grade. Located: 1325 Kimbedy Lane, Southold. SCTMf170-13-20.8 POSTPONED UNTIL NEW PLANS ARE RECEIVED Catherine Mesiano, Inc. on behal[ of WILLIAM LOIS & BINA COMES requests a Wetl?nd perrriit to install approx, 330 i.f,,, of rock revetment along the bank of two ~ntiguous lots, consisting of approx. 300~y. 3-4 ton armor cap stone, 600 cy. 2- 3 tori, armor cap ston~, ~(~0 cy. 1-2 to over 350 cy. 'bedding ;. Approx. a backfil[ed area will be re- [ton-turf buffer will be ~ consist rLg o~f on Rd., Gr(,"onporL P'OSTPO. NED UNTIL NEW A~E RECEIVED 14. J. vl.O. E~vironmental C~nsulting Services. on behalf of MARC RUBENSTEIN re:,q~uests:a Wetl and Permit to construct an addition, deck and terrace onto an ex~st rmj sing e,family dwe iing and to construct an addition and porch onto an eXJstir~g-~;o~age. Located: Madeline Ave, Fishers Island. SCTM#6-7-7 POSTi~(~NED UNTIL ,JUiILY AS PER THE :AGENT'S REQUEST 15. J.M.O. Environmental Consulting Services on behalf of PARADISE POINT ASSOCIATION requests a Wetland Permit to maintenance dredge two areas of ex~Sting boat basin (50'X 130' and 50'X 100') to a depth of -4' ALW. Resultant spoil 1,100 cy. of sand shall be removed to an upland site. Located: Basin Rd., Southold. SCTM#81-1-t6.1 APPLICATION WITHDRAWN WITHOUT PREJUDICE AS PER THE AGENT'S REQUEST 16. Julia Pleitez on behalf of ROBERT K. SCRIPPS requests a Wetland Permit to demolish the existing garage and rebuild a garage on a new foundation with the same footprint. Addition of a balcony on posts max. 5' projecting on east side and addition of a staircase on the south side projecting 3'-6". Located: 2475 Pine Tree Rd., Cutchogue. SCTM#104-3-6 POSTPONED UNTIL FURTHER NOTICE AS PERTHE AGENT'S REQUEST TRUSTEE KING moved to go off the Public Hearings and back to the Regular Meeting, TRUSTEE POLIWODA seconded. ALL AYES V. MOORINGS: DAVID BERSON requests a Moodr~g Permit in Gull Pond, replacing moodng #23, for a 25' sailboat, Access: Public TRUSTEE KRUPSKI moved to Approve, TRUSTEE POLIWODA seconded. ALL AYES GARRET'[.. & BARBARA STRANG request a Mooring Permit in Town Creek, reP[adng.#001, for a sailboat no larger than 35'. Access: Public TRUSTEE POLIWODA moved to Approve the application with the condition that the boat is out by December 1st and may be put in the water after March Ist. TRUSTEE DICKERSON: Seconded. ALL AYES Meeting adjourned: 9:45 PM RECEIVJ~D wn Cle~ Respectfully submitted by, Lauren M. Standish, Senior Clerk Board of Trustees