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HomeMy WebLinkAboutTR-10/22/2003-Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda . Peggy' A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, Ne~v York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MINUTES Wednesday, October 22, 2003 7:00 PM Present were: Absent was: Albert J. Krupski, Jr., President James King, Vice-President Ken Poliwoda, Trustee Peggy Dickerson, Trustee E. Brewnell Johnston, Esq. - Assistant Town Attorney for Trustees Lauren Standish, Secretarial Assistant Artie Foster, Trustee CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT FIELD INSPECTION: Tuesday, November 11,2003 at 8:00 AM TRUSTEE KRUPSKI moved to Approve, TRUSTEE KING seconded. ALL AYES NEXT TRUSTEE MEETING: Wednesday, November 19, 2003 at 7:00 PM WORKSESSlON: 6:00 PM TRUSTEE KRUPSKI moved to Approve, TRUSTEE KING seconded. ALL AYES APPROVE MINUTES: Approve Minutes of September 24, 2003. TRUSTEE DICKERSON moved to Approve the minutes with corrections, TRUSTEE KING seconded. ALL AYES. MONTHLY REPORT: The Trustees monthly report for SEPTEMBER 2003. A check for $4,253.83 was forwarded to the Supervisor's Office for the General Fund. I1. PUBLIC NOTICES: Public Notices are posted on the Town Clerk's Bulletin Board for review. III. APPLICATIONS FOR AMENDMENTS/VVAIVERS/CHANGES: 1. ROBERT K. SIMON requests a One-Year Extension to Permit #5425 to reconstruct/rebuild the existing catwalk and dock 54"X 48' with a 4'X 8' end section. Located: 379 Wood Lane, Peconic. SCTM#86-6-3.1 TRUSTEE KRUPSKh I'll make a motion to Approve. TRUSTEE DICKERSON: I'll second. ALL AYES EDWARD J. BOYD requests a One-Year Extension to Permit #5440 to replace and extend the existing bulkhead and to relocate the existing floating dock from parallel to perpendicular of bulkhead. Located: 3825 Robinson Rd., Southold. SCTM#81-1-7 TRUSTEE DICKERSON: Any problems with this? I'll make a motion to Approve. TRUSTEE POLIWODA: Second. ALL AYES Patricia C. Moore, Esq. on behalf of KURT FREUDENBERG & JANET R. LATHEM requests a One-Year Extension to Permit #5407 to construct a single- family dwelling, well and sanitary system. Located: 165 Lesters Rd., Mattituck. SCTM#114-7-2.1 TRUSTEE KRUPSKh As long as it has the same conditions with the 50' buffer and the roof run-off and all of that, and driveway run-off also, be added on. The applicant has to contain all their own roof run-off and driveway run-off. TRUSTEE KING: I'll make a motion to Approve. TRUSTEE KRUPSKh Second. ALL AYES 4. JASON MCCABE requests a Transfer of Permit #5301 from Anthony Shannon to Jason McCabe. Permit was granted on 3/21/01 to install a 4' high chain-link fence on the north and south sides of property and to re-vegetate the 50' wide non-disturbance buffer. Located: 3325 Wickham Ave., Mattituck. SCTM#114-4- 1.1 TRUSTEE KRUPSKh I think I'll make a motion to Approve the application, unless the Board has any other comments. I'll make a motion to Approve the Transfer. TRUSTEE KING: Second. ALL AYES RICHARD & JOANN JAHNCKE request a Transfer of Permit #5596 from Charles Rehwinkel to Richard & Joann Jahncke. Permit was granted on 7/24/02 to construct a 4'X 34' fixed dock leading to a 32"X 12' aluminum ramp, and a 6'X 20' float in a "T" configuration, and secured by a single pile dolphin on each end. Located: 1450 Glenn Rd., Southold. SCTM#78-2-32 TRUSTEE POLIWODA: Any Board member have a problem with the Transfer? TRUSTEE KRUPSKh No. TRUSTEE POLIWODA: I'll make a motion to Approve. TRUSTEE DICKERSON: Second. ALL AYES 6. THOMAS & PATRICIA FRENZ request an Amendment to Permit #5103 to construct a 4'X 176' timber fixed dock, a 4'X 15' extension, and an 8" pile and pulley system. Located: 1260 Broadwaters Rd., Cutchogue. SCTM#104-9-4.2 TRUSTEE DICKERSON: I think we agreed on a pile and pulley only. KRUPSKI: Right. Let's just scale it. POLIWODA: Was it 25'? KRUPSKh How many feet was it Ken, in the field? POLIWODA: We said it was about 25' from the end of the fixed dock, TRUSTEE TRUSTEE TRUSTEE TRUSTEE ~rapile. TRUSTEE befine. TRUSTEE KRUPSKI: That's about what they have. They have 23', so 25' would DICKERSON: I'll need some help with the numbers here. TRUSTEE KRUPSKI: Just approve the amendment for a 4'X 176' fixed dock, and .an 8" pile and pulley system, 25' from the end of the dock. TRUSTEE DICKERSON: I'll make a motion to Approve the Amendment to Permit #5103 to construct a 4'X 176' timber fixed dock with an 8" pile and pulley 25' from the end of the dock. TRUSTEE KING: Seconded. ALL AYES AMENDED RESOLUTION: TRUSTEE KRUPSKh We looked at your dock last week and the Board felt that an extension plus the pole would stick out quite a ways into the creek and that a 25' pole and pulley system would be adequate there for you to access. MR. FRENZ: Except that there is no water where the dock presently lies. The original permit that was approved by the Town was a 180' catwalk with a 16' raFnp onto a 20' float, and that got me into 2' of water. TRUSTEE KRUPSKI: When was that approved? MR. FRENZ: That was approved in January of 2000 and the DEC turned it down, so I've been battling back and forth with the DEC. The DEC came up with this proposal to extend the dock 15' and they approved it, and then to put in the puJley system. At least that got me into the water with my boat. There is no water where the dock ends now. The pulley system just doesn't work. TRU,~S:TF__JE KRUP.SKI: Originally there was a permit January of 2000 to construct a 4.'X.' 180' dock, 4'X 16' ramp and a 6'X 20' float. MR. FRENZ: Which I believe brings me out a lot further than what I'm asking for here. TRUSTEE KRUPSKh Okay, we approved this in 2000. What the State approved is basically shorter, well 4' shorter and no ramp and float. No, I'm sorry it's not shorter. MR. FRENZ: It was 176' that actually got built. TRUSTEE KRUPSKI: But the ramp and float made it longer. MR. FRENZ: Right, another 36'. TRUSTEE KRUPSKh It's really identical. The DEC wouldn't approve it for a ramp and float. What they gave him was a little step down and a pulley. Also, there's like a path that's beating down the wetlands on the east side of the dock. What is that? 4 MR. FRENZ: That's because my dock builder put the piles in the wrong place and I had to have him pull them out and put it in the right place because I didn't want to get fined by the DEC er the Town. Most of it grew back as you saw, but there is still damage there. TRUSTEE KRUPSKh I don't have a problem with the amendment, for the 15', because that would bring him out to where we originally approved it, without the ramp and float. TRUSTEE DICKERSON: So, I'll go back and amend the amendment? TRUSTEE KRUPSKI: Amend the resolution. TRUSTEE DICKERSON: I'll amend the resolution of Thomas & Patricia Frenz to include the 4'X 15' extension. Do I have a second? TRUSTEE KING: Second. ALL AYES TRUSTEE KRUPSKI: The handrails aren't part of the permit, or the DEC permit. MRS. FRENZ: We were informed that the catwalk is 3' above the marsh and that once you get above 2 ¼', we were told it's mandatory. TRUSTEE KRUPSKh From the State? MR. FRENZ: By the State of New York. TRUSTb. E KRUPSKI: That's one of our issues with the State over the high catwalk, 1'be catwalks should be a lot lower so you wouldn't need handrails. M~,~. FRENZ: I agree. MR. FRENZ: I would've loved to build it just the way you granted the permit but the DE(; wouldn't let me. We started this in 2000. We're caught in the middle here, once again. TRUSTEE KRUPSKI: I would say you would have to amend it next month to include the handrails and show them on a drawing. MR. FRENZ: It's not on the drawing? I thought it was on the elevation, but I don't' see it. TRUSTEE KRUPSKh Peggy, can you amend your amendment? She'll amend it conditioned on a new set of plans showing the handrails. MR. FRENZ: So I have to have the plans re-drawn? TRUSTEE KRUPSKh Well I would think you could draw it in. MR. FRENZ: I could draw it if you'll accept it. That's fine. TRUSTEE DICKERSON.' I'm going to amend the amendment to include the handrails with the condition new plans will be submitted. TRUSTEE KING: Seconded. ALL AYES MARIA PROIS requests an Amendment to Permit ~4862 to attach a 31 'X 15' deck to the existing 8'X 10' deck. Located: 1405 Bayview Ave., Southold. SCTM#52-5-12 TRUSTEE KING: Did you look at this Ken? TRUSTEE POLIWODA: Yes. I just have a recommendation that there be a 10' non-turf buffer between the bulkhead and the deck. TRUSTEE KRUPSKI: What is there now? TRUSTEE POLIWODA: There's a bulkhead with lawn. TRUSTEE KING: Are there two bulkheads? TRUSTEE POLIWODA: No, just one. 5 TRUSTEE KRUPSKI: It looks like there're two on the plans. How about making them tear up the lawn underneath. TRUSTEE POLIWODA: That's a good idea. I was thinking of that. TRUSTEE KING: I'll make a motion to Approve the application with the stipulation that the area underneath the new deck be just gravel or sand. TRUSTEE KRUPSKh The turf and top-soil be removed? Before we vote, is there a comment? TRUSTEE POLIWODA: And a 10' non-turf buffer behind the bulkhead. Unless you make it all gravel or all sand all the way. They're thinking of natural plantings of some type. TRUSTEE KRUPSKh What's there now? TRUSTEE POLIWODA: Grass. TRUSTEE KING: They show a 3' area between two walls. What's in there? TRUSTEE POLIWODA: I looked down there and I see one bulkhead. I don't know. MR. PROIS: There are two walls. TRUSTEE POLIWODA: There are two walls? From my perspective it looked like one wall. TRUSTEE KRUPSKh So you would make them take the turf out for the whole thing? TRUSTEE POLIWODA: Yeah. I think we should make a motion that you have to take all your turf out. You can have plantings in front of your deck and turn it into sand underneath your deck. TRUSTEE KING: Ill make a motion to Approve this application with the stipulation that all sod be removed and natural plantings put in place. TRUSTEE POLIWODA: Seconded. ALL AYES 8. J.M.O. Environmental Consulting Services on behalf of WILLIAM D. REED requests an Amendment to Permit #5461 to allow for the construction of a single- family dwelling, deck, driveway, sanitary system and grading. The proposed dwelling and deck shall be smaller than the originally approved dwelling. Located: R.O.W. off of Peninsula Rd., Fishers Island. SCTM#10-3-12 TRUSTEE KRUPSKI: In 2001 we granted a permit for a single family dwelling, associated sanitary system, public water line, driveway, patio and garage, with the condition of a staked row of hay bales running from the 18" oak tree on the north side of the property to the 24" oak tree on the south side of the property and to remain as a non-disturbance buffer, and the installation of gutters and drywells to contain the roof run-off. TRUSTEE KING: This has been down-sized. It's much smaller. TRUSTEE KRUPSKI: I'll make a motion to Approve the application. TRUSTEE KING: Second. ALL AYES Denise Heyse on behalf of CARL & SUSAN AUSTIN requests an Amendment to Permit #5513 to construct a one-stow addition and to renovate the fa(~ade to improve appearance. Located: 3300 Peconic Bay Blvd., Laurel. SCTM#128-6-7 TRUSTEE KING: Everything is landward. 6 TRUSTEE KRUPSKI: Do you want to see drywells or anything? TRUSTEE KING: Yes, drywells for the roof run-off and I thought the CAC recommended a non-turf buffer. This is one of those two bulkhead deals. There is going to be no disturbance there at all. When the time comes to replace the bulkhead then it will be time to do that, in my opinion. I would recommend approval for this, with the addition of drywells for roof run-off. TRUSTEE DICKERSON: Second. ALL AYES 10. Proper-T Permit Services on behalf of FRANK MARTORANA requests an Amendment to Permit #5456 to allow the construction of a house with a different footprint, but which would be constructed within the same building envelope shown in the original proposal. Located: 3500 Deep Hole Dr., Mattituck. SCTM#115-17-9&10 TRUSTEE DICKERSON: I think we all saw this. TRUSTEE KRUPSKh So, this house is basically going to be completely removed from the site? MR. MARTORANA: No, we're going to incorporate the old house into the new house, as much as possible. TRUSTEE KING: Is the same foundation going to be used? MR. I~IAP, TORANA: As much as we can. There might be modifications. TRUSTEE KRUPSKh Why did we think it was going to be a new foundation? TRUSTEE KING: Because of the condition. TRUSTEE DICKERSON: We thought it was going to be completely knocked down. MR. MARTORANA: The original permit that was approved in 2001, was basically a plot diagram, before the actual architectural design was completed, just to kind of show size and proximity to the water, to the adjacent properties. TRUSTEE KRUPSKh If you could show me, because it doesn't match at all. It matches generally. MR. MARTORANA: Okay, this was the original approval. Generally what we tried to do with this is, when we first began the project, we weren't sure really what we were going to do, so before we went through the whole process of designing it and having to re-do the whole thing all over, we knew we wanted to stay on the exJsting foundation line seaward, and then hold the proper setbacks from front and side yards. So, we showed what we thought was going to be roughly the house. Again, this was schematic in a sense of the size and the placement of the house on the property. When the house got designed, ultimately it changed shape but stayed within the building envelope. TRUSTEE KING: Now does that include the deck? MR. MARTORANA: No, the deck is going to go. Basically what we're really going to do is shorten it up and move it over and give it some shape. I just didn't want to pay the architect twice. It's going to sit basically in the same spot and not go. any further or any closer to anything. I don't know how else to explain it. I was just concerned initially that we would go ahead with this whole project and then not be able to build it. TRUSTEE DICKERSON: Where are the cesspools? 7 MR. MARTORANA: Up by the road. TRUSTEE KRUPSKh So this is still a wood deck here? MR. MARTORANA: That's going to come down. TRUSTEE KRUPSKh This would be...the shaded in area would be the house itself, so it would come back somewhat. MR. MARTORANA: Yes, the shaded area is the proposed dwelling. TRUSTEE KRUPSKh Our concern in the field was that we would rather see the setback from the creek maximized as much as possible. I don't know what the setbacks are. MR. MARTORANA: I think its 35'. TRUSTEE KING: Is this two-story? MR. MARTORANA: Yes, it's two-story. TRUSTEE KRUPSKh What do you think, Ken? TRUSTEE POLIWODA: He explained it well. I have a hard time saying it will be less or more damaging to the environment than it presently is. As long as we have a buffer. We should stipulate the back yard be a compete buffer of some sort. TRUSTEE KRUPSKI: What we would like to see in the back yard is non-turf. Ken do you have any suggestions? TRUSTEE POLIWODA: Baccharis, plantings...it seems like it's very wet back there. MR. MARTORANA: Yeah, it's mostly grasses and natural stuff now. TRUSTEE KRUPSKI: We'll need drywells to contain the roof run-off. JIM' FITZGERALD: What about the plantings? TRUSTEE POLIWODA: Just leave it natural. It will take itself. TRUSTEE KRUPSKI: It will be non-turf. 'PRUSTEE POLiWODA: I recall a steep slope there. Maybe we need a double line of hay bales. MR: MARTORANA: It drops off pretty good back there. TRUSTEE POLIWODA: Two rows of staked hay bales so nothing goes into the creek. TRUSTEE KRUPSKh I'll make a motion to Approve the request for an Amendment to Permit #5456 to allow the construction of a house with a different footprint but which would be constructed within the same building envelope shown in the original proposal, with the stipulation that there be a non-turf buffer in the entire area seaward of the home, with drywells for roof run-off, and a staked double hay bale line during construction, and for a One-Year Extension to Permit #5456. TRUSTEE POLIWODA: Second. ALL AYES 11. Proper-T Permit Services on behalf of GREGORY MAZZANOBILE requests an Amendment to Permit #5631 to allow the new proposed location of the sewage disposal system and the necessary fill and retaining wall. Located: 1460 Lake Dr., Southold. SCTM#59-1-21.6&21.7 TRUSTEE KRUPSKh We have the new plan. I'm going to just make a quick comment on this. I'd like to see...we've used the services of Mark Terry in the past, and he works in the Planning Dept... JIM FITZGERALD: I think he's the only one who hasn't been out there yet. TRUSTEE KRUPSKI: I'd like to get his opinion on this. He usually has been pretty timely and pretty confident on our referrals that he does for us, on wetland opinions. JIM FITZGERALD: You can do whatever you want but we have both the DEC and Mr. Herrmann... TRUSTEE KRUPSKI: No, no, not the determination. I mean a position on the impacts. What we're suggesting is we're going to give this recently applied for plan to Mark Terry, from the Planning Dept., who has done advisory for this Board in the past, now that we no longer have any sort of official scientific help and he has been timely and he has been confident and we would like to let him look at it and give us his opinion. MR. BAMBRICK: I would like to briefly review this application if I can, and I11 try to make it brief. The original application was made in May of 2002 and the reason I'm bringing this up is I think a pattern has developed through this process. The original application indicated that 650 cy. were going to be evacuated from the site, nothing was going to be added and no significant impacts on wetlands. The original submitted survey failed to show the natural cranberry bog. it wasn't even on the original survey. The original survey indicated all of the dwellings on Lake Dr. had town water. That was incorrect. Two do not. Two have their own wells. Photos'were submitted to the Board showing extensive flooding on this site, especially in the cranberry bog and in the western Iow area, both of which were depicted completely underwater. The original cesspool was within 100' of the well of the neighbors' across the street. The Board received a letter from the Kenny's Beach Civic Assoc. opposing the granting of this application. The civic association, represents all the families in the Kenny's Beach aTea. The Board received a petitfon of 55 adjacent neighbors opposing this application. After granting the permit, by a split vote, if I recall, applicant sends a letter to the Board saying he had to relocate the cesspool system because of the refusal of neighbors to provide the location of their wells. Well we surveyecl the neighbors and not one neighbor was ever inquired of the location of their well. We believe the real reason was the well, where the applicant wants to relocate the well, so it falls outside the 100' requirement of the Health Dept.., so where did the applicant relocate it? Right in the middle of wetlands on the western side of the site. I believe the Board went and surveyed that area. During that time another petition of 43 neigh~bors opposed granting of this amendment and I may say at this time that most of them were shocked...shocked that the original application was granted. The more recent survey, if you look, not at this one, but the one before it, if you look at the bog, it shows it surveyed in 2002 and the reason this is important is because in August of this year, that bog was resurveyed and the individual who resurveyed it was just here. I don't know where he went. You know his name. He was sitting over here. In conversation with him, I had asked him why he had the original survey 9 showing the flags 10' or 11' into the bog. He said the bog has grown over the year. From 2002 to 2003, the bog has grown 10'. This has proved factual because the DEC came in and they re-flagged and their re-flagged line is 10' outside the 2002. Why is this impor[ant? Because, this now infringes on the 50' buffer. So, to do any work on this dwelling, you're going to have to come in by helicopter because you're not going to be able to stand in the buffer. I call your attention to the Southold Town CAC who strongly recommends disapproval of this project. They also indicate that this particular project requires a 75' non- disturbance buffer. According to my measurements, this final survey shows the septic tank 80' and the leaching pools 85' from the well of the neighbor across the street. In addition, according to the wetland line from the DEC, the pool is 20' from the wetland line. Once again, I would strongly recommend that you disapprove this application. Now will Mr. Terry...does he take input from the community? TRUSTEE KRUPSKI: No. MR. BAMBRICK: What will his function be? TRUSTEE KRUPSKh Feel free to contact him. He's in the Planning Office. He's going to revieW the file, visit the site, and he's going to give us a report. MR'. BAMBRICK: Are you going to make a recommendation to him? TRUSTEE KRUPSKI: No, he's going to make a recommendation to us. MR. BAMBRICK: Okay, thank you. TRUSTEE KRUPSKh I just looked back at the original submission of the survey and it was actually the Board of Trustees that located the cranberry bog originally on the site. MR. BAMBRICK: I beg to differ with you. My neighbor Mr. McNulty and myself at one of the hearings, brought to your attention that there was a cranberry bog. Mr. McNulty said when he was a kid he used to go over there and pick cranberries. At f~at point, you brought in a fellow from cooperative...Pickerall came in an inspected it and informed you that there was a cranberry bog. TRUSTEE KRUPSKI: I think we noticed it first though on field inspection, beqause it wasn't originally on the survey. If there is no other comment, we'll Table this. matte~ until we get a report. TRUSTEE POLIWODA: Seconded. ALL AYES 12. En-Consultants, Inc. on behalf of BARBARA & JOSEPH ISABELLA request an Amendment to Permit #5626 to resheathe (below lower whaler) approx. 80 linear ft. of existing timber bulkhead with vinyl sheathing and backfill sinkholes behind bulkhead with up to 10 cy. of clean sand to be trucked in from an upland source. Located: 1855 West View Dr., Mattituck. SCTM#107-7-6 TRUSTEE KING: I have no problem with re-sheathing it. The only problem I do have is with the pipe through the bulkhead, which was part of the permit process for the dock to be approved, that the pipe was to be removed. It's still there. It's got like a little plug at the end of it. That's not removing the pipe. I would like to see that pipe removed. TRUSTEE KRUPSKI: Why don't we approve the amendment subject to an inspection by the Bay Constable that the pipe was removed, and then the permit can be issued. TRUSTEE KING: That sounds good to me. That was going to be my recommendation. I'll make a motion to Approve re-sheathing the bulkhead with the stipulation the pipe through the bulkhead, which I think is probably taking care of the driveway or the roof run-off, be removed and blocked-off, and inspected by the Bay Constable before we issue a permit. TRUSTEE KRUPSKh Do you want a non-turf buffer?. TRUSTEE KING: There is nothing there now but it would be good to put one in if there is going to be any disturbance. ROB HERRMANN: Are you saying that would be a pre-condition? TRUSTEE KRUPSKI: Yes, because it's on a condition of an old permit. ROB HERRMANN: For the permit for the dock? TRUSTEE KING: Yes, it was on the permit. ROB HERRMANN: What, did they just plug it Jim? I didn't see it. TRUSTEE KING: Yes, it was a rubber plug in the end of it. Almost like a plug in the scupper of a boat that's got the little locking mechanism. It's in the permit here. It was a stipulation the 4" PVC pipe be removed. It wasn't done. I would like to see a non-turf buffer behind that bulkhead too, 10', 15'. ROB HERRMAN.N: Well we show a 10' area to be backfilled behind it. TRUSTEE KING: So make it a non-turf buffer. That would be good. Do I have a second? ROB H'ERRMANN: Jim would it not make sense to take the pipe out while they are working in that area. TRUSTEE KING: The pipe is out actually above where they are going to do the sheathing. ROB HERRMANN: Oh, it is. So you want them to give you some kind of photograph or request an inspection, or something. TRUSTEE KING: They can call the office and...I can go look at it. It doesn't have to be a Bay Constable. I live a half a mile away. ROB HERRMANN: Okay, fair enough. TRUSTEE DICKERSON: Second. ALL AYES 13. Catherine Mesiano, Inc. on behalf of DENNIS HENCHY requests an Amendment to Permit #5732 to construct a 4'X 15' elevated catwalk with steps off the existing bulkhead. Located: 1325 Kimberly Lane, Southold. SCTM#70-13-20.8 TRUSTEE POLIWODA: I think we all looked at this. I have one question. In here it says elevated catwalk. I think we .... CATHERINE MESIANO: It will be to the rocks, and that's still going to maintain the appropriate distance above grade. TRUSTEE POLIWODA: I'll make a motion to Approve the amendment~ TRUSTEE KING: Seconded. ALL AYES TRUSTEE KRUPSKI moved to go off the Regular Meeting and onto the Public Hearings, TRUSTEE DICKERSON seconded. ALL AYES 1] 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 Docko, Inc. on behalf of PAUL TOMBARI requests a Wetland Permit to rebuild an existing timber pile bulkhead including thirteen new bulkhead support pilings, remove one boulder, construct a new 75 sr. of fixed deck and install a new 12'X 30' float with an associated ramp. Also install a new 6'X 20' "L" float on an existing floating dock system all waterward of the apparent high tide line. Located: The Gloaming, Fishers Island. SCTM#10-10-1 TRUSTEE KRUPSKh Is there anyone who would like to speak in favor of the application? KEITH NEILSON: Good evening, I'm from Docko, Inc., Licensed Professional Engineer in the State of Connecticut. Mr. Tombari came to us several months ago and asked us to help him with making some improvements to his shorefront and make his waterfront, water dependent uses more serviceable. We've met with him on the site and determined which of the structures were in need of replacement and met with you earlier this year to make sure that we're not subject to the moratorium in this regard. The application drawings that we've signed, sealed and submitted with this application show the extent of the work. The float needs reconfigurations to make it more accessible at the southerly end of the site and the decking and timber pilings at the north end to make the grounds more stable, prevent erosion and make the area traversable for his lobster operation! We have complied with all known codes, regulations and standard practices for this project that's considered minor modifications and routine maintenance. We've met with this office and Mr. Chuck Hamilton of the DEC to make su~e that there were no objections to it and there were none. We have filed the necessary notices and mailings to neighbors and there has been no opposition ex@ressed to us that we no of, on the project. The Department of State has issued ~heir approval on this project and we expect the Corp. of Engineers will issue under the PGP, and respectfully request your approval. We would be happy to answer any questions that you might have in regard to the operation or the p. roposed improvements. TRUSTEE KRUIdSKI: Any other comment? I looked at this the day we were over there. We went out there with Chuck Hamilton. It seemed to be pretty straight- forward. Those are the modifications, the new "L" on this existing dock here and a new float on this. There is like an existing triangular pier type thing here. They want to put a new float on the side of it. It's a build-up site. I don't know if any Board member has any comment or questions. TRUSTEE KING: It's a busy place. TRUSTEE KRUPSKI: If there is no other comment, I'll make a motion to close the hearing. TRUSTEE KING: Seconded. ALL AYES TRUSTEE KRUPSKh I'll make a motion to Approve the application. TRUSTEE DICKERSON: Seconded. ALL AYES Dooko, Inc. on behalf of LEONARD ORR requests a Wetland Permit to remove one of two fixed wood pile and timber piers, 80 (+/-) If. X 7' wide. Reconstruct the remaining 80 (+/-) If. X 7' wide fixed wood pile and timber pier and replace an existing float with a new 8'X 20' float waterward of the apparent high water line. Located: Private Rd., Fishers Island. SCTM#4-7-14 TRUSTEE KING: Is there anyone here who wishes to comment on this application? KEITH NEILSON: Again for the record, my name is Keith Neilson and I'm a Lic,ensed: Professional Engineer in the State of Connecticut. We were contacted by ~he Orr family to make the application documents and obtain approval for cei'tain new improvements at their property. Upon looking at the site, and the fact that they had two piers, one of which they were not using, we recommended that they ~bando~ the easter y of the two. It's in fairly close proximity to a sp;artina marsh and that they should rebuild the existing 80' pier that is in more open water. They only need one pier for their recreational boating access, so that ~vas the basis for our recommendation. We met with you all several months ag~ to.ma~ke sure this was not subject to the moratorium. We've also met with the DEC abel 8iscus~ed the project with them, although we were not there when they visi~ted ~he~site. Mr. Hamilton indicated that he would have little objection to the ready, aloof the one pier and reconstruction of the other. We're recommending reCkon;st, ruCtion of the same size, shape, and configuration that currently exists. Agair~ we'.Ye complied with all known codes, regulations, and standard practices for the ir~fUstry. YVe have placed the notices as of October 9th and notified the nei~lh~ors~'~vith c~rtified letters. There is no neighbor objection to the project. I don't betieye the neighbors can even see the piers from their locations. This is re¢¢nS'~u~ion an¢.removal. We believe it will represent an overall improvement te ~e-~fiCa!th and'well being of the spartina marsh and the sensitive em;iro~mdntal resources and on that basis, respectfully request your approval to~.!9-ht. I'~ b'e ha-j~py to answer any questions you might have. TF~BS~FEE KING:Are there any other comments? Any comments from the Bo~'rd? TI~LIS~EE POLIWODA: It seems to be beneficial. TB'"M~EE KING: I'll make a motion to close the hearing. TR~'~CS~i-EE DICKERSON: Seconded. ALL AYES TR~¢EE KING: I'll make a motion to Approve the application. TR~S,TEE POLIWODA: Seconded. ALL AYES t3 En-Consultants, Inc. on behalf of GLORIA & ROBERT PROFETA requests a Wetland Permit to construct a second-story addition over and within footprint of existing one-story dwelling and enclose existing screened porch. Located: 1060 Little Peconic Bay Rd., Cutchogue. SCTM#111-14-16 TRUSTEE DICKERSON: Is there anyone here who would like to speak for this applicant? ROB HERRMANN: This is a pretty straight-forward application. They are preposing a second-story addition over the existing dwelling on the landward side of the house and proposing simply to enclose an existing screen porch. If the Board has any questions, I'd be happy to answer them. TRUSTEE DICKERSON: Is there anyone else who would like to speak? Anyone on the Board? TRUSTEE KRUPSKh We would just like to see drywells and gutters for the roof run-off. ROB HERRMANN: That's no preblem. TRUSTEE DICKERSON: Ill make a motion to close the hearing. TRUSTEE KING: Seconded. ALL AYES' TRUSTEE DICKERSON: I'll make a motion to approve the application with the add[ti:on of drywells and gutters. TRUSTEE KING: Seconded. ALL AYES STEPHEN A. CUBELLS requests a Wetland Permit to cut phragmites to 12" and maintain phragmites at 12" height. Located: 2475 Bay Ave., Mattituck. SCTM#144-4-5 TRUSTEE POLIWODA: Is there anyone here who would like to comment on this application? STEPHEN CUBELLS: For the record, Stephen Cubells, and I'm requesting to cut the phragmites to 12". TRUSTEE POLIWODA: We visited the site last week. Does the Board have any comment? TRUSTEE KRUPSKh There is an area that dips down where your dock starts. That whole area dips down. We would like to see that whole area be naturalized into the spartina marsh. STEPHEN CUBELLS: Could [ come forward because I'm a little confused. TRUSTEE KRUPSKI: Sure. This area seaward of end of your dock should be leffalone and it will naturalize, at 1' height, it will naturalize back to spartina because the land drops off there, in that area. So what we want from you...I would suggest a two-year permit. We did this out in East Marion. We would like to review this in two-years. What you would do is, you would leave this area here across, like that, to the end of your dock, and you can cut that to 1' height, and you can cut the spartina to a 1' height. STEPHEN CUBELLS: So the rest would just grew back by itself? TRUSTEE KRUPSKh Don't mow it. STEPHE~ CUBELLS: So naturally let it grow back? TRUSTEE KING: Right, just leave this area in here, just let it grow natural. ]4 TRUSTEE KRUPSKh In two years, the permit will expire, and we'll come back and take another look at it. STEPHEN CUBELLS: Do I have to come back and renew it in two years? TRUSTEE KRUPSKh Yes, you'll have to come back and renew it. (talking) E. BROWNELL JOHNSTON: How about photos every six months. TRUSTEE KRUPSKh Okay. TRUSTEE POLIWODA: Any other comments? I'll make a motion to close the hearing. TRUSTEE DICKERSON: Seconded. ALL AYES TRUSTEE POLIWODA: I'll make a motion to approve the application to cut phragmites to 12" up to the landward point of the dock, and shall remain no less than 12", and the permit will be good for two years, and we will require pictures of the area after the work has been completed, and then every six months after. TRUSTEE KRUPSKI: Seconded. ALL AYES WILLIAM & MARY STEELE request a Wetland Permit for a 12'X 28' expansion to the rear of the existing dwelling and to change the roof contour to provide full dormers. Located: 1895 Leeton Dr., Southold. SCTM#58-2-10 TRUSTEE DICKERSON: Is there anyone here to speak for this application? WILLIAM STEELE: I'm not a professional so please bear with me. TRUSTEE KING: I hope you like snakes. We saw the biggest snake there. TRUSTEE KRUPSKh It was the biggest snake I ever saw. TRUSTEE POLIWODA: It was right under your house. WILLIAM STEELE: Now I want to change the permit to kill the snake. What kind of a snake was it? TRUSTEE KRUPSKh It was black snake. WILLIAM STEELE: Okay, now we have to feed the snake. Well you made my day. We want to expand the house back 12' and then take the second floor and dormer it. We're going to change the roof-line but in effect, it will take the second floor, with sixteen useable feet and give us the full 28'. We've submitted our surveys. We have the engineering done. We have site plan that we gave you, I believe. Our neighbors are all happy, no one objects, and we've sent out the reqUired mailings with no adverse responses. TRUSTEE DICKERSON: Thank you, well done. Is there anyone else who would like to speak for or against this application? I'll make a motion to close the hearing. TRUSTEE POLIWODA: Seconded. ALL AYES TRUSTEE KRUPSKI: We didn't see any preblems with it. We didn't even recommend drywells or gutters there because this is such a naturalized area. Normally in wetland areas we want to see dryvvells and gutters. You have a naturalized place there with freshwater wetlands. WILLIAM STEELE: I think it just drains as it does naturally. TRUSTEE DICKERSON: I will make a motion to approve the application. TRUSTEE KING: Seconded. ALL AYES 6. JOHN DEGENNARO requests a Wetland Permit to remove eight trees and clear land of brush for re-planting with salt tolerant trees. No soil will be added or removed. Located: 2213 Indian Neck Lane, Peconic. SCTM#86-5-10.1 TRUSTEE KING: Is there anyone who wishes to comment on this application? JOHN DEGENNAR0: Good evening. I guess everybody was out to this before. We requested to take the trees down, the ailanthus, and then replant the area. I don't know if there were any questions. TRUSTEE KING: The CAC recommends Disapproval. TRUSTEE DICKERSON: Well they wanted it restored, which is basically what we're doing. E. BROWNELL JOHNSTON: What kind of trees did he take out vs. what kind of trees is he putting in? JOANNE WOODLE: We cut down two dead ailanthus trees and there was an existing privet row. About half of the privet row was dead and covered with poison ivy and we took out the dead privet row and replaced it. E. BROWNELL JOHNSTON: Can I ask that you divide your comment between Mr. DeGennaro's property... JOHN DEGENNARO: Okay, on my property an ailanthus was taken out and nothing else, oh that piece of property. E. BROWNELL JOHNSTON: Okay, maybe you could put that down as the 2215 prop'erty and the 2095 property was the privet? JOHN ~DEGEI~INARO: There is no 2095, it should be 2025 on the second piece. E. BROWNEEL JOHNSTON: So the other things, the privet hedge, the poison ivy, and the wifd rose, came out of the second property, right? JOHN DEGENNARO: Yes. E. BROWNELL J:OH, NSTON: The reason why we are trying to have a record here is the citizens advisory committee has recommended we Disapprove the plan, Di~,app'rOve this application. JOHN DEGENNARO: What is the citizens advisory committee? TRUSTEE KING: l~t's the Conservation Advisory Council. JOHN D:EGEN!NARO: Okay TRUSTEE KING: They also visit the same sites we do and they make a recommendation. JOHiN DEGEN:NARO: And they recommended that it be Disapproved? TRUSTEE KING: Yes. E. BROW. N~L JOHNSTON: So we have to establish a record on which we can improve, or~i'f, we're going to approve, by asking some questions. JOH'~I.,DEGEI~NARO: What reason would they Disapprove it? TRUS~'EE KING: The CAC recommends Disapproval of the application because the disturbed areas should be restored to the previous condition. That was their recommendatien. JOANNE WOODLE: That is exactly what we did. TRUSTEE KRUPSKh That is not our recommendation. That is their reqommendati0n. JOH~N' DEGEN;NARO: I don't even know who you're talking about, got a whole bunch oftickets from the police, two more today. TRUSTEE KRUPSKh The CAC is the Conservation Advisory Council. JOHN DEGENNARO: No, they have never come to us. TRUSTEE KRUPSKh They would have to come to make a recommendation to US, E. BROWNELL JOHNSTON: They may have inspected it when you weren't there. JOHN DEGENNARO: If I wasn't there, I can't help that but I wasn't around last week, if they came last week. I have no paperwork. TRUSTEE KRUPSKh That's the only paperwork I believe they generate. JOHN DEGENNARO: Okay then what do I do with this one permit? Suppose I say, let's leave the trees in and just maintain my existing gardens. TRUSTEE KRUPSKh I don't know if the Board had a problem with you just taking those ailanthus out. JOHN DEGENNARO: Now I'm kind of mixed up. E. BROWNELL JOHNSTON: We may not agree with their findings. We're trying to establish a record so that we can have our findings. TRUSTEE KRUPSKh It's just that they have to comment on this. JOANNE'WOODLE: But if they said they wanted it returned to the original state, the origin:al state, the only thing we took out that wasn't original, was the dead privet, replaced with the live privet, so isn't that returning it to the original state, which is what you suggested when you came by? TRUSTEE KRUPSKh Yes. JOHN DEGENNARO: The suggestion when the committee came by was install the hay bales, install riffraff, and replace the privet because it would help stabilize the bank. Now,this was before the hurricane so we were worried about torrential rains at that particular point. Now all of that was done, and I believe that's why I got the ticket toiday was for putting in the new privets. That's the only planting we did down there. TRUSTEE DICKERSON: But we hadn't given you a permit. JOANNE WOODLE: You were concerned...you came on a Tuesday and you were concerned about the hurricane on Friday and you asked us to get this stabilized as fast as possible, so we did it within 24 hours. TRUSTEE KRUPSKI: I remember the hay bales. E. BROW~ ;E. LL JOHNSTON: We didn't say anything about plantings. JOHN DEGE~ARO: Well then that's my fault. I thought you did. We ordered the privets~ a~nd we put them in, in front of the hay bales, to stabilize. I'll take it out. We didn't waist privets there anyway. TRUSTEB KRUPSKh So what do we want to do? That's the recommendation. Are you satisfied with this planting plan? JOHN DEGENNARO: Yes. TRUSTEE' KRtdPSKI: Does the Board have any other changes you want to make to the planting pi'an? It says the below the bank, but the privet, I thought, was above the bank. ,JOHN DEGENNARO: No, the privet is below the bank. It's approximately a foot and a half offtbe edge of the bank. What happened was when I took down this tree, it was huge, so it came down and took out naturally all of the brush. When 17 we cleaned that brush out to get the tree out, we saw that this old privet row was there, maybe four or five stalks, but you could tell they were old. They were quite thick. I thought that when we all looked at it, it also was suggested with the riffraff and the bales, we plant the privet there. Okay, no problem. That's basically what we did. JOANNE WOODLE: The original privet is still there. JOHN DEGENNARO: So, that's what we did with the privet row. If that's causing a problem I can take it out as fast as I put it in. TRUSTEE DICKERSON; Ithink one of the misunderstandings is that when the CAC says to restore to previous condition, I don't know that they mean privet hedge condition. I think they mean existing natural condition. JOANNE WOODLE: But it never was like that. TRUSTEE KRUPSKh I would make a suggestion that we just remove the privet from below the bank and plant whatever else you suggested there. TRUSTEE DICKERSON: Right because the baccharis and the bayberry are natural whereas the privet isn't. JOANNE WOODLE: What do I do about the ten privet that are sitting there? TRUSTEE KRUPSKh You can back them up above the bank. JOANNE WOODLE: The old ones? TRUSTEE KRUPSKh The new ones. JOANNE WOODLE: So what do I do about the old ones? JOHN DEGENNARO: They are existing. What you would like me to do is remove the privets that I planted. TRUSTEE KRUPSKh And back them up above the bank. JOHN DEGENNARO: Okay, back them up above the bank, that's still in wetlands. TRUSTEE KRUPSKh No, on top of the bank would be outside of the wetlands. JOHN DEGENNARO: No it won't. TRUSTEE KRUPSKh It's still within our jurisdiction but it's out of the wetlands. It's above the bank. JOANNE WOODLE: Where the ailanthus is. TRUSTEE POLIWODA: That's considered upland. JOANNE WOODLE: Even though the bank is only about a 1' high? TRUSTEE POLIWODA: Yes. JOHN DEGENNARO: I misunderstood then. What do you want? TRUSTEE KRUPSKI: We're talking about from the baccharis. It's got to be about a 5' or 6' elevation change. That's what we mean. JOHN DEGENNARO: Actually it's more. The DEC was out and it's over 10' to the ailanthus. That's what they said. I'm not a surveyor. The edge of the bank where the bales are and the riffraff in front of that is the privet row, and you want that moved back. JOANNE WOODLE: Back to where the bales are. So, it's now at the top of the bank. JOHN DEGENNARO: And the original ones will stay, and the planting plan is okay for this? TRUSTEE KRUPSKh Yes. JOHN DEGENNARO: Now we're basically really talking about permit number seven. Permit number six is for me just to take down the remaining ailanthus bushes, six to eight of them, and maintain the gardens down in this area that has been there for 15 years. E. BROWNELL JOHNSTON: Do they have CAC comments? TRUSTEE KRUPSKI: The CAC comments were the same for each application. (talking) JOHN DEGENNARO: What happened was, on the first permit, the tree came down, and this tree was huge. Naturally it came down on the other land. That's where all this started. So the first permit is for me to take down the remaining six ailanthus behind it and also because one of the tickets we got, and the police have come seven times, was for splitting ferns on that piece of property. They have been there for 15 years. That's the first permit. The planting for the first permit and the second permit are all the same. E..BROWNELL JOHNSTON: Well they are separate. We can move on both of them but they are separate ownership, separate tax maps. TRUSTEE KRUPSKI: Let's move on it. TRUSTEF KING: So we're basically set on this except for moving the privet to above the bank. JOHN DEGENNARO: That would be number seven. TRUS-I'~EE KING: Okay, remove eight trees and replant with salt tolerant trees. E. BROWNELL JOHNSTON: Do we know what seven or eight trees they're removing? JOHN DE~GENNARO: It will be just the ailanthus. TRUSTEE KRUPSKI: It's in the plan. It says to remove five additional ailanthus. Tt~ere a~e only five ailanthus there. JOANN~E WOODLE: They are all in one clump right behind the one that was cut, and'they're hanging over the house and dead. JOHN DF.'.GENNARO: What happens with that type of tree is, and one of the gentleman and I don't see him here today, knows that it's a very brittle tree, so in the wind, since these trees are so large, they grow to a certain height and then they die. I really don't know. They've been dropping branches. That's what started this whole thing. I mean large branches. So it's only the five back there, and if it's a problem, I'll leave them there. JOANNE WOODLE: You also suggested that I gel a variance to garden in that area. No the new area, the old area. JOHN DEGENNARO: This garden is extensive. The gardening there, there is a lot of planting taking out, dividing, the grasses are there and have to be cut down in the winter, on and on we go. So, like I said, the police came and we were moving the ferns. You have to split ferns at a certain time of the year. TRUSTEE KRUPSKI: That's under the exemption. E. BROWNELL JOHNSTON: You don't need a permit for that. TRUSTEE KING: If there are no other comments, I'll make a motion to close the hearing. TRUSTEE DICKERSON: Seconded. ALL AYES TRUSTEE KING: I'll make a motion to Approve the application as written. TRUSTEE KRUPSKh Seconded. ALL AYES 7..JOANNE WOODLE requests a Wetland Permit to remove trees and brush and replant area with salt tolerant trees and brush. Located: 2025 Indian Neck Lane, Peconic. SCTM#86-5-9.4 TRUSTEE DICKERSON: Is there anyone who would like to speak? JOHN DEGENNARO: This was the area that was affected by me taking down the tree. This is the privet. I think we discussed that. I'm going to move it back on top of the embankment. I have to move it 3' in because the soil there is poor and if I move it close to the embankment, it will just crush it down, which will mean moving the bales back and the riffraff. TRUSTEE KRUPSKI: Don't move the bales. JOHN DEGENNARO: Don't move the bales. Put them in back of the riffraff too? Okay. TRUSTEE KRUPSKh What is the riffraff? JOANNE WOODLE: The rock. TRUSTEE KRUPSKh No leave that. JOANNE WOODLE: You want this planted on the top of the bank. TRUSTEE KRUPS~(I: The privet should be planted on top of the bank. JOHN DEGENNARO: Okay, that will be done. The planting plan is the same. The removal of trees on this particular one, there will be one tree but not this year, and it's not an ailanthus. It's a dying fir cherry. That's it. There will be nothing else removed on that property. JOANNE WOODLE: Could you clarify one thing? You want the privet hedge moved and you want it right on top of the embankment? TRUSTEE KRUPSKI: Not right on top, behind the bales. JOANNE WOODLE: So we're talking about 12' into the land. JOH.~ 'DEGENNARO: I put up three rows of bales. TRUSTEE I~'RURSKh Where do you want to put the pdvet? JOH:III 'DEGENI~IARO: Wherever you want them. TRUSTE KRUPS, Kh Ar~ywhere above the bank. JOANi'~E WOODLE: Even though all the others are below, and we just leave those, below? TRUSTEE KRUPSKI: You can put them on top, right in the hay bales. JOHN DEGENNARO: Am I allowed to trim the existing apple trees, and trees there? A lot of them have a lot of dead wood from all of those vines that were hanging over,hem. I just want to trim them out. E. BROWNELL JOHNSTON: The only other thing Al, I want to make sure you havethe r, ecord Show that this is an "as-built" permit. That's why it's double the fees. TRUSTEE KRUPSKh All right, but they asked a question, they want to trim, Normally below the bank we want everything left untouched. JOHN DEGENNARO: Okay, that is below the bank. TRUSTEE KRUPSKh If you had a piece of un-built property that hadn't been touched, we would want a buffer area. People come to us all the time and they 20 want to trim and cut down in the buffer area and we always tell them no because we can't let one trim in the buffer area and not another. JOHN DEGENNARO: I can understand that. How far do you want me to trim it, right down to the base or one or two branches, and I can understand that, so it won't be touched. TRUSTEE DICKERSON: I'll make a motion to close the hearing. TRUSTEE KING: Seconded. ALL AYES TRUSTEE DICKERSON: I'll make a motion to Approve the application to remove a dead cherry tree and replant the area with salt tolerant trees and brush, natural vegetation as per planting plan, and this is an as-built request at 2025 Indian Neck Lane. TRUSTEE POLIWODA: Seconded. ALL AYES Harvey A. Arnoff, Esq. on behalf of JEFFREY HALLOCK requests a Wetland Permit to cut into ground of right-of-way for installation of underground utilities, permission 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 POSTPONED UNTIL NOVEMBER AS PER THE AGENT'S REQUEST Denise Heyse on behalf of HENRY VON ELM requests a Wetland Permit to construct a second-story addition, enclosed screen porch, and foyer to the existing single-family dwelling. Located: 3534 Peconic Bay Blvd., Laurel. SCTM#128-6-5 TRUSTEE KING: Is there anyone here who would like to comment on this project. DENISE HEYSE: I'm Denise Heyse and I'm from Chuck Thomas Architect's office in Riverhead, representing Henry VonEIm. I sent out the certified mail, returned receipts to all the surrounding properties that the Assessor's office instructed me to, and I did the posting at the correct time also. TRUSTEE KING: I looked at this. It's a one-story house with an addition on the top of it. It's pretty straight-forward. I just want to see drywells for the roof run-off. DENISE HEYSE: Right, I was told you would ask for that. You want me to show that on the site plan and submit it to you? TRUSTEE KING: Yes. Actually it sits back toward the house. There are two bulkheads and it really has a nice vegetated buffer in here. It's pretty simple. Are there any other comments on this application? I'll make a motion to close the hearing. TRUSTEE DICKERSON: Seconded. ALL AYES TRUSTEE KING: I'll make a motion to Approve the application with the addition of drywells for roof run-off. TRUSTEE POLIWODA: Seconded. ALL AYES 10. Costello Marine Contracting Corp. on behalf of PETER BOGOVlC requests a Wetland Permit to construct a 124' retaining wall above the current high-water 2! mark with C-Loc vinyl sheathing. Located: 1980 North Bayview Rd., Southold. SCTM#70-12-39.5 TRUSTEE DICKERSON: Is there anyone here who would like to speak to this application? JOHN COSTELLO: My name is John Costello and I'm with Costello Marine Contracting and we are the agents for Mr. Peter Bogovic on this application. met on several occasions with Mr. Bogovic and tried to convince him that it would probably be approved quite easily using rock. After I told him that the costs would be more, approximately 40% more because of the labor, not the materials, material are quite similar in costs, he said he can't afford it and you should express that to the Board. He said I'm nearly 80 years old, my wife is 80 years old, and we cannot afford to build something that is more expensive. He's very concerned that in order to get the rock into the site, that he will have to provide access, which.will probably remove a tree, a fairly mature tree that he's planted himself, and possibly damage the driveway. He wants me to assure him that that wont' happe~, and I can't. The trucks are heavy with rocks. The curbing there, we'll ~iave to go across it, and we'll have to do some damage. There are no costs incurred to restore bringing rocks in. Again, the Board expressed possibly using the County road through there, but it has such a tilt that I doubt, we have to just dump them oh the County, and then you have to go move them, and I doubt that could hap'p :en. It would be less damage, less restoration, but you know the fall-off on that road,, next to the bridg~ it is quite steep. It will be quite an undertaking. Environmental. y he said., what s the difference between the vinyl and the rock. What am 1 (tobag.w. ith the vinyl? What does the vinyl ~1o? He said I'm willing to make-any concessions that are logical and he said I will remove the fence. He said he will rernove and pay for removal of the debris that he's been pulling up there, that was ir~ the water, and he's trying to put it UP against the bank, which the Board h~s ~een. He will remove that, or I will remove it for him, and he will pa~, for the ~l!s~e§al fees of that material. I told him no ma~ter what, whether he h~U reck brahe.' viny, y0u'll be requiring a buffer. He said I don't care, I will put the buffer'in. He-has no problem with the buffer. He said what about reducing the cost of t~e .vinyl and putting in smaller pilings. Can you do that? Well we're proposing 9" pilings on the bulkhead, and I said we could do it and we could built it out of 6×6, Yo~r can't go any smaller...you need some kind of framing in order to hold the vinyl in position. You need a backing system. While your digging in the backing system and filling it, certainly the buffer will be excavated and it will be there. Eenhyhad a concern about the erosion that this may cause to the neighboring~pr~perty, a. nd I suggested that possibly I co'uld present to the Board, instead of making .that right angle return on the south end, that you use a long angled return So that the tide on extreme high tides, would not cause a scouring at that point. The other thing is, all of this bulkhead is, the retaining wall is above the high-water mark. I asked him would you be willing to move it back further. Well we got into quite an episode, that over the years that he has lost considerable...as the two surveys show you. On the south side, he has lost more than 24' in a long period of time, since 1976 to the recent survey by Bob Fox, of Sea Level Surveying. He lost 24' on the south, he lost 10' in the center, and 12' on the north end, where the County also has a problem, where their bulkhead is scouring out. He said ask the Board, since they are all your friends...he said let them consider it. He said I can not afford to spend much more money. He said he can barely afford to do the vinyl. That's where I got in about six meetings. TRUSTEE DICKERSON: The CAC recommends Disapproval of the application because the project was not staked and the height of the retaining wall was unknown. It also mentions that the existing violation should be resolved before any further review of the application. TRUSTEE KRUPSKI: What is a long-angled return? JOHN COSTELLO: Instead of making it a right angle, you would angle it back into the beach gradually in order to get the angle, so the water doesn't accelerate off of the bulkhead. When you put in a right angle return and the water does hit it, typically, and this is what's happening to the County, What you do is you get an eddy in the scouring, and it's not only scoured his whole property, so if that was an angled return, you don't get the eddy and the circulation of water that scours into the bank. It would also reduce the footage of the project by 4' or 5'. TRUSTEE DICKERSON: I don't feel comfortable acting on anything when the CAC has mentioned that there is an outstanding violSfion. JOHN COSTELLO: Well we went over that outstanding.violation. He has permits for the dock. All the permits were shown to this Board for that violation. The only possible violation, and it does not state it, was as the b'each has eroded, the length of the dock inshore to meet the land, has been exl~ended by himself. The offshore is exactly the size permitted by this Board. The ramp is the right size, the float isthe right size, there are two pipes holding the float, but, it has been extended because of the erosion. TRUSTEE KRUPSKh I don't think it was the structure itself. I think it was the fence underneath it that was the problem, and all the debds that he's been using as some sort of a homemade retaining wall, that's the problem. JOHN COSTELLO: Well it doesn't state that in the violation. TRUSTEE KRUPSKI: I'd like to look at it in November. We can meet you on the site. JOHN COSTELLO: That would probably be better. TRUSTEE DICKERSON: I'll make a motion to Table the application until we review it in November. TRUSTEE KRUPSKI: Seconded. ALL AYES 11. Proper-T Permit Services on behalf of JAMES N. GEMMILL requests a Wetland Permit to remove 10.1' X 7.3' section of existing porch on west side of house; construct new one-story addition, 10.1'X 18.7' on west side of house. Remove existing mechanical equipment from existing house crawl space and relocate to proposed one-story addition. Rebuild 490+/- sq.ft, of existing porch in same footprint, including a new foundation. The existing roof of the pomh will remain. Located: 2025 Smith Rd., Southold. SCTM#98-4-19 TRUSTEE POLIWODA: Is there anyone here who would like to comment on this application? MR. FITZGERALD: I think it's pretty straight-forward. His utilities are not in a very good location and he wants to build a room to house them, in a more convenient way, with an addition to rebuild the porch, as Kenny read. The wetlands that are shown on the map are exclusively phragmites, which for some reason we continue to protect. I don't think they really need protection. They do okay on their own. TRUSTEE POLIWODA: Thank you. Does anyone else have a comment on this application? Any Board members? It seemed fairly straight-forward. It couldn't have too much negative impact on the wetlands. I'll make a motion to close the public hearing, if there is no other comment. TRUSTEE KING: Seconded. ALL AYES TRUSTEE POLIWODA: I'll make a motion to Approve the application, as read, with a hay bale line during construction. TRUSTEE DICKERSON: Seconded. ALL AYES 12. Proper-T Permit Services on behalf of CUTCHOGUE-NEW SUFFOLK PARK DISTRICT requests a Wetland Permit to construct a covered wood gazebo 24'X 12'. Located: 9430 Skunk Lane, Cutchogue. SCTM#104-8-6.1 TRUSTEE DICKERSON: Any comments? JIM FITZGERALD: Yes, Jim Fitzgerald again, for the park district. Lauren mentioned that there was some interest on the part of the Board in changing the location. I discussed that with the commissioners and they said they spent a lot of time picking that spot out, and I think they want it there for a reason, which I think is diametrically opposed to why you don't want it there. They want it there because they want it further away from the swing set and the other activities toward the other end of the beach. TRUSTEE DICKERSON: I think we just felt that it broke up the visual aesthetics of that causeway. TRUSTEE KRUPSKI: If it were over by the bath house there, or whatever you wa'nt to Call it, between that and the other little unit there on the beach, it would actually be away from the swings but it would still be...it would concentrate the structures in one area. It would be better to put all the structures on the north end. We would be happy to meet with the commissioners. JIM FITZGERALD: I think that would be a good idea because they feel as strongly about it as you do. TRUSTEE KRUPSKI: Peggy, do you want to Table it and meet with the commissioners? TRUSTEE DICKERSON: Yes. JIM FITZGERALD: It's unclear what advantage there is to putting all the structures in the same general location. TRUS,TEE DICKERSON: Because when you pass by that causeway, it's a wide- open area. This structure would go smack in the middle of it. It blocks that view, which to some people, is very important. I'd like to make a motion to Table this application until we meet with the park district in November on the field inspection. TRUSTEE POLIWODA: Seconded. ALL AYES 24 13.Abigail A. Wickham, Esq. on behalf of ROSEMARY AVOLESE requests a Wetland Permit for an as-built split-rail fence along the south line of the property (right of way). Located: 4270 Wunneweta Rd., Cutchogue. SCTM#111-14-25 TRUSTEE KING: Is there anyone here to speak on behalf of the application? ABIGAIL WICKHAM: I'm here on behalf of the Avoleses. We were here once before at a prior hearing that after consideration the Board was about to approve the request when, if you recall, Mr. Krupski felt there should be a different procedure followed and that we should seek an amendment to the permit. After the hearing I went to the Trustees office and it was determined that the permit had actually been issued for the adjoining property and in fact had never been built. So, there are two parcels here and that was for the interior parcel. In any event, that project had never been commenced. We were then told to apply for this permit, which we are doing. I do think we had discussed qu~te fully some of the questions you had at that time. I just want to refresh your memory about it, as to what we talked about: This is a 15' right-of-way and I want to clar'rFy that it is in fact a private road. It is not a Town road. I've gone and confirmed it with the Town Clerk, and the Highway Dept., and the Assessor's off[ce who have corrected their tax map through the Suffolk County Tax Service Agency to show it is not a public street. As to the application itself, there was. an asphalt roadway on this strip, which was shown years ago on the Na.s.-sau Pbint map as a private road~way accessing several parcels in the back. V~her~ 0:ne of those parcels was built upon, he ripped up that roadway, brought in a !.~,t of hea~;,y equipment, dug it up for water lines, and created a real mess there. They riF, ped out the shrubbery on the Avolese property. There was asphalt thrown on, the~ property as well as sand. They tried t.o get that situation corrected. In fa~t, it stJil hasn't been correcte~l so they asked the contractor, after staking the roadway several times, to put up a fence to try and protect them from further incursion on their lawn area. That was done arid unfortunately the contractor did .~ gee a permit and that is why we are here in front of you. The split-rail fence is u~peJnted_ There is only a smal'l sectio'n at the western end that is within the we~.!a~d~jur~sdiction. The land appears to rise slight y from the road to the fence and: therr~ back down gradually toward.the creek. So, there is no run-off to the creek Over where the fence is. I weuJd like you to ask me any questions, if you have any, and' if not, to please approve this. TRUSTEE KING: Any other comments on this application? TRUSTEE KRUPSKh I have one question. Who owns the fee, title to the right-of- way? ABIGAIL WICKHAM: I would have to guess it would be the Nassau Point Property Owners Assoc. Although it's possible that by the deeds, the Avolese's and the Mr. Cello's trust own to the center of the road. But in any event, there is clearly a right-of-way over it, for the benefit of several properties. TRUSTEE KRUPSKh We were asked to read a letter here from 6/21/03. (letter on fil~) ABIGAIL WICKHAM: Mr. Krupski, that's the letter that was discussed at the last hearing. That came in back for the last hearing and we did discuss that. First of 25 all, I did clarify that this is not a public street, although it was incorrectly shown on the tax map. There is an area on the south side of the road before the road drops off that is untouched by the road and can provide the buffer that it always has. Unfortunately it was Mr. Coombe's actions on the roadway that created the need to put up the fence in the first place and if you've been down there, it's still a mess. I don't know what he's going to do about it and why the Town didn't require 280A access of him. All we want to do is ask your permission to keep the fence there, which he noted in his letter, he has no objection to. The fence was not put further in towards the south part of the property than the road had been. The Avoleses voluntarily put that fence in 2' to 3' inside their line to allow the flow of traffic on that roadway without it being too narrow. If this man's objections, and he's the one and I repeat, that created the problem in the first place, persists and cause you to have a concern about, then we're going to just consider a proceeding against him to enable the fence right up to the line, which is in the middle of the road, and we didn't want to have to do that. We just wanted to protect.any further incursion and what is really a very simple matter, he's really pointing the finger in the wrong direction, I think. TRUSTEE KREIPSKI: The fence is on Mr. Avolese's property? ABIGAIL WlCI(HA~: It is 2' or 3' inside his line. We thought that was the accornmo~lati'ng thi'ng to do. One of the problems we had was that he kept remOvirng...someOne kept removing and covering up the surveyors stakes, but I saw them and Mr. Avolese saw them. The stakes for the Avolese's property line are almost in-the center of that roadway. If he wants to push, we'll push right back. It wouid be unfortunate because for years and years and years, it has been fine and it was not until last year when he brought that house in, and it's a two story house, which was brought in as a modular, huge tractor trailers came in, five water lines dug up the road, and I don't think they asked you permission for that, and there was a lot that went on there. This was just a modest reaction to try and con~..el the damage to their property, which they tried to control by discussing ?ith,the~gentleman, writing to him, I spoke to him and it didn't work. It!s still a mess. We, would just like to keep the fence there. TRUSTF-JE KING: How does the rest of the Board feel? TRUSTEE K~UPSi<I: I don't have any other comments. TRUSTEE KIN,G: Do we have any other comments? I'll make a motion to close the'hea~'ing: TRUSTEE DICKERSON: Seconded. ALL AYES TRU~ ~TEE:KiNG don't have a problem with this fence. It's on their property. I'll make a r0otiOn to Approve the application, as-built. TRUSTEE D[CKERSON: Seconded. ALL AYES 14. Alpha Consulting on behalf of JOHN CHAPMAN requests a Wetland Permit to install an in-ground swimming pool. Located: 2700 Arrowhead Lane, Peconic. SCTM#98-2-20.1 TRUSTEE KRUPSKh Is there anyone who would like to speak in favor of the application? TED ANGELL: Good evening, Ted Angell, Alpha Consulting, on behalf of John Chapman. This is an application for an in-ground pool. It is planned with sufficient setbacks from the wetlands line and also from the private access road, which the Board noticed on it's inspection visit, and I'd be happy to answer any questions you have. TRUSTEE KRUPSKh Is there any other comment? Do I have a motion to close the hearing? TRUSTEE KING: So moved. TRUSTEE POLIWODA: Seconded. ALL AYES TRUSTEE KRUPSKI: Do I have a motion to Approve the application? TRUSTEE DICKERSON: So moved. TRUSTEE POLIWODA: Seconded. ALL AYES 15. Catherine Mesiano, Inc. on behalf of RICHARD HEFFERNAN requests a Wetland Permit to remove the existing 30'X 30' two-story frame dwelling and 15'X 30' deck. Construct a new 38'X 42' two-story frame dwelling and 33'X 31' wood deck and 20'X 22' detached garage. Remove the existing septic system and install a new septic system approx. 140' landward of the AHW. Located: 730 West Shore Dr., Southold. SCTM#80-1-48.1 TRUSTEE POLIWODA: Is there anyone who would like to comment on this? CATHERINE MESIANO: There is just one thing I would like to note, Ken. One of us made a type-o and it was probably me. When we described the size of the new deck, it's 38'X 12', not 33'X 31'. TRUSTEE POLIWODA: Okay, it's been noted. CATHERINE MESIANO: I think the operative point here is that we have an existing dwelling and deck, which exists under certificates of occupancy and we're requesting a permit to demolish the existing structures and reconstruct them considerably landward of the existing structures. The new house will be located at 75' setback and the new deck approx. 60' landward of the high-water mark. The septic system is in a conforming location. If you have any questions, I'd be glad to answer them. I just want to ask you...the survey that you have, could you tell me what the last date is? TRUSTEE POLIWODA: September 12, 2003. CATHERINE MESIANO: September 17, 2003? TRUSTEE pO'LIWODA: No, it's a clear 12. CATHERINE MESIANO: This is the correct survey. This request is based on the September 17~h survey. TRUSTEE POLIWODA: Any other comments from the audience? If not, I received a letter. I guess he's a neighbor. Dear Sir, I am owner of the residence at 640 West Shore Dr., adjacent to the above-referenced 730 West Shore Dr. As backcJround history, 640 was purchased by my family when it was built in 1936. At that time, the then adjacent plot was lower than 640 and there was no surface problem at 640. Several years later when a house was built at 730, that plot was filled in allowing substantial quantities of rainwater and melted snow to flow onto 640, wifh as much as 16" of water flooding the cellar. I am describing this to explain my concern over new construction at 730 for additional fill, added to the problem. Also water from the existing front and rear gutters and 730 now flows to my property. If the dwelling size increases from 900 to 1,596 sq. ft. this may a/so increase the flooding problem. I see no other prob/em with this proposal It certainly wi//enhance Reydon Shores. Yours truly, Robert Ko/yier. CATHERINE MESIANO: Well I can say that any storm water created by the construction will be handled in their engineering plans. Roof run-off, of course, would be directed into drywells. The same situation would pertain to any run-off created by the driveway. If you would like to see a, or at least have the architect provide a drainage plan to the Building Dept. at the time... TRUSTEE KRUPSKI: That would be great. TRUSTEE POLIWODA: I think we were all at the site. Do any of the Board members have any comments? TRUSTEE KRUPSKI: No. TRUSTEE POLiWODA: If not, I'll make a motion to close the public hearing. TRUSTEE DICKERSON: Seconded. ALL AYES TRUSTEE POLIWODA: I will make a motion to Approve the application with the stipulation that a drainage plan be submitted to the Building Dept., as well as drywelts and ggt~ers for the roof run-off. TRUSTEE KING: Seconded. ALL AYES 16. Catherine Mesiano, Inc. on behalf of STEPHEN SACHMAN requests a Wetland Permit to replace inkind/inplace 75' linear ft. of existing bulkhead and 4'X 58' wood steps. Located: 4705 Nassau Point Rd., Cutchogue. SCTM#111-9-9 TRUSTEE DICKERSON: Is there anyone who would like to speak to this application? CATHERINE MESIANO: Catherine Mesiano on behalf of Mr. Sachman. I did not meet you at the site. It's a pretty straight-forward project. I'm sure you saw that the section of the bulkhead that we refer to is that located on the westerly property line along Carpenter Street and there is a failed section of the bulkhead. That's [he area that we are looking to replace inkind/inplace of existing bulkhead. The stepsthat we talk about are the steps that...there are the remains of an old wooden staircase from the backyard of the property, down to the beach, to give them beach access. I don't want you to misunderstand and think we're referring to the existing wood steps that exist north of this property, in Carpenter Street, the paper road. The steps that I am referring to, if you look on the plan that I submitted, are located front and center, and down the face of the slope, for access from their property to their beach. TRUSTEE DICKERSON: The steps that go down parallel to the pipe? CATHERINE MESIANO: No, look at your plan. Right in the center of the property, from the top of the slope down to the toe of the slope. TRUSTEE DICKERSON: We had the wrong steps. TRUSTEE KING: We went down the side. CATHERINE MESIANO: If you looked at my plan, this is the area where the damage is. These are the steps that are on the property that we're looking to replace. They are deteriorated. TRUSTEE KRUPSKh I saw them from the bottom. CATHERINE MESIANO: You can see them but you just can't get to them because they are blocked off because they are dangerous. TRUSTEE KRUPSKh I saw a set of stairs but I didn't recognize them being on the plans. CATHERINE MESIANO: I just wanted to clarify that because somebody else I spoke to thought we meant these stairs. TRUSTEE POLIWODA: Whose are they? CATHERINE MESIANO: They don't belong to this property. TRUSTEE KING: So they're not going to do anything with those stairs that we went down? CATHERINE MESIANO: No. TRUSTEE KRUPSKh How are they going to replace the wall without touching the stairs? CATHERINE MESIANO: Well they're not doing the whole thing because he seemed to think the rest of it was fairly sound. TRUSTEE KING: The work they're going to have to do to get in there, why don't they just do the whole thing? TRUSTEE KRUPSKI: It's not that much more though, really. CATHERINE MESIANO: If you want to give him a permit for the whole thing, I v~on't turn it down. TRUSTEE KING: I wouldn't have a problem issuing a permit for the whole thing. CATHERINE MESlANO: If he has to come to you in eight months, if there's a bad storm... TRUSTEE KRUPSKh Well what's going to happen is, the contractor is going to get down there and ... CATHERINE MESIANO: Well if you want to give me a permit for a greater area I'm not going to turn it down because if something else fails, then we'll have a situation where we'll need an emergency permit, so I won't say "no" to that offer. TRUSTEE KRUPSKI: I think we should. TRUSTEE POLIWODA: Environmentally, they should do the job once. TRUS'FEE KRUPSKh The whole northerly retaining wall. TRUSTEE POLIWODA: Sure. How far did that retaining wall end? TRUST.;EE KRU'PSKh At the bulkhead. How are they going to replace it without movin9~ those stairs that are existing? CATHERI'NE MESIANO: I take back what I said. They intend to take out the steps and put back the steps, the same steps. TRUSTEE DICKERSON: I just want to read the CAC comments. The CAC recomrnend.s the bulkhead be replaced using vinyl sheathing and disapproval of the use of CCA treated wood. CATHERINE MESlANO: We intend to replace inkind/inplace. TRUSTEE POLIWODA: Is there a problem between using vinyl vs. using CCA? CATHERINE MESIANO: We didn't discuss it. May be a cost factor. It's not in the water. I.t's a retaining wall more so than a bulkhead. So it really isn't exposed to the water so that any leaching you would be concerned with would not be a significant issue. TRUSTEE POLIWODA: I'm indifferent on it in that location. TRUSTEE KRUPSKh What about the projected longevity of the structure itself. Wouldn't the vinyl last longer? CATHERINE MESlANO: I would say it would be an issue if we were talking about something that was exposed to the effects of the water, but this is not exposed to the effects of the water. This is significantly above the high-tide mark. This is a retaining wall, not a bulkhead, if you want to draw a difference between the two. It's really not exposed to the elements as a bulkhead, typically speaking of a bulkhead, that you would expect it to be. It's really a retaining wall to protect the side of his property. It's not something to hold it back from erosion into the water. I prefer to call it a retaining wall. TRUSTEE DICKERSON: Then we should change the wording, then it would be more appropriate. Is there anyone else who would like to speak to this application? Iil make a motion to close the hearing. TRUSTI'EE KING: Seconded. ALL AYES TRUSTEE DICKERSON: I'll make a motion to Approve the application to replace inkindlinplac, e 75 linear ft. of retaining wall, to include the northerly retaining wall as it extends easterly and meets the bulkhead, and 4'X 58' wood steps. TRUS~TEE KING: Seconded. ALL AYES 17. Samuels & Steelman Amhitects on behalf of WILLIAM W. ARCHER requests a Wetland Permit to raise the existing residence, construct a new foundation, infill corner of footprint with new one-story addition, new second floor over existing, new siding, roofing, wiridows, and sanitary system. Located: 855 Kimogenor Point Rd., New Suffolk. SCTM#116-6-24.1 TRUSTEE KING: Is there anyone here who would like to comment on this application? TOM SAMUELS: I'm here on behalf of Mr. & Mrs. Archer, who are also in attendance tonight. Very simply, the project started with concerns about the sanitary system, which has been semi-functional for a long time. The Archers have been interested in upgrading that and making it conform as well, and seeing the complexity of that alone, they also decided it might be time to look at the entire house, which has been there for 80 years and hasn't received a tremendous amount of improvement in that time. We're talking here about raising it about 18", which would put it above the flood plain elevation, as required by the Town FEMA Regulations. Also to renovate it, somewhat extensively I would say, including a second floor, which is over only the center portion of the house, somewhat modest I would say in that we're maintaining a one-story wing around the entire house in keeping with the other Kimogenor Point residents, in style and feel. We':re not making it into a tremendous house. At that time, we would like to infill a small comer to make it a pure rectangle, which will help tremendously in the internal planning of the house, and also structural. It's a very impacted site. It's very low. It's difficult to do a sanitary system there that conforms. I'd like to answer any questions that you might have. TRUSTEE POLIWODA: What is the footprint of this house? TOM SAMUELS: The darker gray area is the proposed addition. 30 TRUSTEE KING: The CAC recommends moving the sanitary system to the east of the house. TOM SAMUELS: There is no room to the east of the house. It is also 100' from surface waters, therefore it does not require your regulations. TRUSTEE POLIWODA: Do you know the square footage of the house? TOM SAMUELS: There are some existing decks as well. On the bay side, there is an extensive deck at grade and a covered porch. On the other side you have two little stairways. The house is less than 50'. It's 46' long along the bay side, and 26' wide. It's about 1500 sq. ft. TRUSTEE KING: Do I have any other comments? Any Board comments? I'll make a motion to close the hearing. TRUSTEE DICKERSON: Seconded. ALL AYES TRUSTEE KRUPSKI: Do you want drywells and gutters? TOM SAMUELS: Absolutely, we would include drywells and gutters. TRUSTEE KING: FII make a motion to Approve the application, with the condition drywells and gutters be included on the plan. TRUSTEE DICKERSON: Seconded. ALL AYES 18. Samuels &' Steelman Architects on behalf of SETH & BARBARA EICHLER request a Wetland permit & Coastal Erosion Permit to repair the existing wood stairs on the bluff and to repair the existing deck. Located: 17915 Soundview Ave., Southold. SCTM#51-1-6 TRUSTEE KRUPSKI: Is there anyone who would like to speak in favor of the application? TOM SAMUELS: I'm here on behalf of Seth & Barbara Eichler. This is an existing house on the bluff in Southold, east of Horton's Point. We're exploring, in this case, a second-story addition, but we haven't finalized our plans yet, but we knew immediately that there were problems on the bluff. The existing stairs, the deck, which is tilting off into the sound, so to speak, which they would like to repair in-kind, essentially. There are stairs down to the beach, as Cequired, which they basically just want to fix the stairs, in that case, and fix up that deck that jets out into space, and then put a second-story on an existing house, within the existing footprint. TRUSTEE KRUPSKI: Is there any other comment? The deck is more like sagging into space, than jetting actually. Under Coastal Erosion, we're going to have a hard time approving a deck like that. The access stairs are actually exempt under Coastal Erosion and are no problem. The bulkheading that holds the upland up, I don't think the Board has any problem with re-doing, as necessary to maintain what's existing. The deck itself is a problem. TOM SAMUELS: I do believe they had a permit for it initially, as far as I understand. It wasn't done illegally to begin with. TRUSTEE KRUPSKI: Well it's so old. It probably pre-dates the Code. TRUSTEE POLIW/ODA: It comes up to questioning whether it's a functional deck or not. 1 don't think it's very functional. I didn't get on it. TOM. SAMUELS: They bought the house that way last year, for your information. They didn't let it get that way. They bought it that way. In getting a C.C. with it, assumed, as one might, that it could be repaired. I think that's the assumption we've been operating on. I might add also it's definitely a stable bluff in this instance. There is no bulkhead or revetment but it's heavily vegetated down to the very bottom and it seems to be in a location which is not prone to erosion. TRUSTEE KING: Right here it's falling off inland of this. I wouldn't say this is really very stable. TRUSTEE KRUPSKI: I would say this pre-exists the adoption of the code by the Town. It is prohibited under Coastal F,rosion, Chapter 37, and for good reason. Generally we don't allow...we've never allowed any decks to stick over a bluff like that. The applicant can put it right behind the bulkhead. (talking) TOM SAMUELS: Are you talking about the retaining wall? TRUSTEE KRUPSKI: The retaining wall underneath the deck. We didn't look at that, but I would imagine...I don't know...did anyone go down the stairs? TOM SAMUEES: I've been down there. It may be worse now than it was two months ago. TRUSTEE KRUPSKI: No one went down there. TOM SAMUELS: I guess I would have to discuss this with the Eichlers and come back with perhaps a proposal to you guys. Could that proposal include repair of the, retaining wall at the same time? TRUSTEE KRUPSKh Sure. That part of it is really essential to keeping that whole area stable. TQM SAMUELS: How about a swimming pool on that side of the house? That's what they really want. TF~USTEE KRUPSKI: They've got one. TOM SAMUELS: I know. That's not registered anywhere. TR:USTEE 'KRUPSKI: If they could put a pool there without .... TOM SAMUELS: They would have to get a zoning variance. TRUSTEE KRUPSKI: And engineering. That's what they need. A swimming pool they couJd in behind the coastal erosion line. TO'M SAi~IUELS: Right, but with a variance. They would need 100' from top of blu.ff. TRUSTEE POLIWODA: That soil is soft. TRUSTEE KRUPSKI: I'll make a motion to Table the application. 7'F, CJSTEE DICKERSON: Seconded. ALL AYES 19. Samuels & Steelman Architects on behalf of L. KEVIN & ALEXANDRA R, O'MARA request a Wetland Permit to construct beach stairs from top of bluff to beach and plant beach grass and other plants on bluff. Located: 14345 Oregon Rd., Cutchogue. SCTM#72-2-2.1 TRUSTEE POLIWODA: Is there anyone who would like to comment on this application? TOM SAMUELS: Tom Samuels on behalf of the O'Maras. Mr. O'Mara is here this evening. As you've seen from being there, the house in under construction. So far, it is outside of your jurisdiction and now we would like to do some work within your jurisdiction, which includes a beach stair down the bluff. It's an extensive bluff, as you know. The Planning Board in approving the final subdivision had required, and I had some input from you guys, a planting plan for that bluff, which you know now has no bulkhead or revetment at the bottom. Primarily here the access to the beach is of utmost concern, but we're also interested in clearing a portion of what is now un-cleared vegetation and maintaining a buffer, provide a re-grading plan, which is what you have, including some lawn areas. TRUSTEE KRUPSKh I don't think the stairs are an issue here. We did have some discussion in the field about the clearing and whatnot. TOM SAMUELS: In preparing the drawing, we used what we understood at least to be a customary buffer, mentioned 25'. That's not codified apparently, but it seems to be the normal buffer zone you like to maintain along the sound. TRUSTEE KRUPSKI: Well that's coastal erosion. Beyond that, I don't think we have jurisdiction. TRUSTEE POLIWODA: No, it's pretty far. TRUSTEE KRUPSKI: That's the concern the Board had and coastal erosion...not to destabilize the top of the bluff. TOM SAMUELS: Obviously that is our concern as well. That's our chief concern. TRUSTEE KING: You wouldn't believe some of the one's we've seen lately. TOM SAMUELS: No, I probably wouldn't. I'm sure that in the future there will be...I can assure you the O'Mara's have been concerned about their bluff as well and are interested in findings ways to stabilize it, beyond what the Planning Board and you guys have required and permitted. Frankly I hope that the planting of the bldff ~ll. db the trick at least for a period of time but there is always that question, of hardening at the bottom and we're not in for that. TRUSTEE ROLIOWODA: The only thing within our jurisdiction is the stairs. TOM SAM'UE ,L$: We're obviously in to the DEC for this as well. TRUSTEE POLIWODA: If there are no other comments, I'll make a motion to close t.~e public h'earing. TRUS-~EE BICKERSON: Seconded. ALL AYES TRUSTEE POLIWO.DA: I'll make a motion to Approve the application to construct beach stairs, TRUS.-C-'EE 'DICKERSON: Seconded. ALL AYES 20. Samuels & Steelman Arehitects on behalf of PAUL JESELSOHN & FRANCIS DEBOIS request a Wetland Permit to demolish an existing single-stow dwelling and construct a new two-story dwelling within the existing footprint. Located: 55 Bay Ave., Greenport. SCTM#-43-4-45 TRUSTEE DICKERSON: Is there anyone here to speak to this application? TOM SAMUELS: In this instance frankly, we weren't even clear that we were within your jurisdiction because we don't have a real map, so we thought the best thing to do would be to put in the application and let you guys go out and look. There are obviously wetlands in the neighborhood, but they are across developed roads and from the DEC standpoint, and I know it's not your set of regulations, we're' outside of their jurisdiction. TRUSTEE KRUPSKh For consistency sake, we have been measuring across roads for jurisdiction. TOM SAMUELS: Okay, then I would like to say that it's similar to an earlier application of mine tonight. The sanitary was a chief concern here. Getting a system to work in that proximity to groundwater is not easy and in addition we are looking to expand the house in the footprint. For that we will probably be at the Zoning Board of Appeals. In fact, we have an application into them. But we've managed to make the system work by Health Dept. standards and it isn't, like I said, easy. We also have to lift the house here to elevation 10', where we're within the 10' flood plain, because of the openness to the east, I guess. It's up there. TRUSTEE KRUPSKh What about changing grade? TOM SAMUELS: You're so close to the neighboring houses that unless you build retaining walls you're going to drain into the neighboring houses. But, we need to change the grade in order to get a sanitary system in. We're adding approximately 18" of fill at the high point, before which we will excavate out in order to make sure we have clean material below and then put the system in and backfill it to the elevations that are on your drawing. It's not easy to get a conforming system to ~vork here but we are changing the grade minimally in order to achieve the system. TRUSTEE POLIWODA: It sounds like you need conforming neighbors. TOM S~AMUELS: We need a sewer system. I believe the neighbor to the east is contemplating the project. As you know there is a little row of bungalows and they are great but ~ey are on tiny little parcels and there are no setbacks, and there are no sanitary systems that really work. At least Jeselsohn & Debois have a little bit of land there [o actually fit a system in. TRUSTEE KRUPSKI: I guess we'll ask for drywells and gutters for the roof run- off. TOM SAMUELS: Absolutely. This one we would rebuild but there's nothing really to it. It's almost sitting in the dirt. The termites have had their way with it and it's just a mess. TRUSTEE DICKERSON: Ill make a motion to close the hearing. TRUSTEE POLIWODA: Seconded. ALL AYES TRUSTEE DICKERSON: I'll make a motion to Approve the application with the condition gutters and drywells are installed to contain the roof run-off. TRUSTEE KING: Seconded. ALL AYES TRUSTEE KRUPSKI moved to go back to the Regular Meeting, TRUSTEE DICKERSON seconded. ALL AYES V. MOORINGS/DUCK BLINDS: BRET HEDGES requests a Duck Blind permit in Arshamomaque Pond. TRUSTEE KRUPSKh I11 make a motion to Approve the Duck Blind permit in Arshamomaque Pond. TRUSTEE POLIWODA: Where is it? TRUSTEE KRUPSKI: It's where Mike True's used to be. TRUSTEE POLIWODA: On the point? TRUSTEE KRUPSKh On the west side there. This has to be moored securely so it doesn't end up on the beach of Norton. TRUSTEE POLIWODA: That's fine. E. BROWNELL JOHNSTON: This guy doesn't have a duck blind now, right Lauren? LAUREN STANDISH: No. E. BROWNELL JOHNSTON: Okay. TRUSTEE POLIWODA: Seconded. ALL AYES Meeting adjourned at: 10:30 PM. RECEIVED ~hold Respectfully submitted by, Lauren M. Standish Board of Trustees