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HomeMy WebLinkAboutTR-07/24/2004Albert 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 Fmx (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MINUTES Thursday, June 24, 2004 7:00 PM Present were: Albert J. Krupski, Jr., President James King, Vice-President Artie Foster, Trustee Kenneth Poliwoda, Trustee Peggy Dickerson, Trustee E. Brewnell Johnston, Esq. - Assistant Town Attorney for Trustees Lauren Standish, Secretarial Assistant Heather Tetrault, Environmental Technician CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT FIELD INSPECTION: Wednesday, July 14, 2004 at 8:00 AM TRUSTEE POLIWODA moved to approve, TRUSTEE DICKERSON seconded. All AYES. NEXT TRUSTEE MEETING: Wednesday, July 21,2004 at 7:00 PM WORK SESSION: 6:00 p.m. TRUSTEE KING moved to Approve, TRUSTEE POLIWODA seconded. ALL AYES. TRUSTEE KRUPSKh Can I have a motion to approve minutes of April? TRUSTEE DICKERSON: So moved. TRUSTEE POLIWODA: Second. Board of Trustees June 24, 2004 TRUSTEE KING: Just some corrections. Talking about Fishermans Beach and Samuels said it was bought by "Judge Brawn"Ithink you meant George Braun. Page 10, fourth line up from the bottom. Page 30, Artie Foster says, "Given the strength of the lot." I think It should be given the length of the lot, wewere discussing distance. The surveyor, John Ehlers was spelled wrong, it should be E-H-L-E-R-S. TRUSTEE KRUPSKh Based on those corrections, I have a motion and a second. All in favor?. ALL AYES I. MONTHLY REPORT: The Trustees monthly report for May 2004. A check for $5,827.81 was forwarded to the Supervisor's office for the General Fund. II. PUBLIC NOTICES are posted on the Town Clerk's bulletin board for review. TRUSTEE KRUPSKI: There are a number of Public Hearings that have been postponed, I'd just like to mention those. Postponed is Number 5, this is on Public Hearings, 5. Under Wetland Permits ROBERT and KATHLEEN LAWRENCE has been postponed; Number 7, SALVATORE GUERRERA; Number 8, BRUNO FRANKOLA has been postponed; Number 10, ERNEST SCHNEIDER has been postponed. Those hearings will not be opened. And under Resolutions, JEFFREY HALLOCK will be postponed also. There will be no decision made tonight. IlL RESOLUTIONS.ADMINISTRATIVE PERMITS: 1. JOHN F. MCFEELY requests an Administrative Permit to replace the existing 20' by 20' deck with a 24' by 23' deck. Located: 5900 Peconic Bay Boulevard, Laurel. SCTM 128-2-9.1. TRUSTEE KING: I looked at this. It's already been built, as-built. Something that's very easy to approve. TRUSTEE KRUPSKI: They've got a 20' by 20'. TRUSTEE TRUSTEE TRUSTEE TRUSTEE TRUSTEE TRUSTEE TRUSTEE KING: It's already been done. KRUPSKI: We need to get some more money. KING: Double the fee? KRUPSKI: Yes. KING: Make a motion to approve. FOSTER: Second. KING: All in favor?. ALL AYES. 2 Board of Tntstecs Ju~e 24, 2004 2. KATHLEEN CHAMBERLAIN requests an Administrative Permit to cut phragmites down to 1' along edge of Autumn Lake and continuing mowing the lawn area. Located: Huntington Boulevard, Peconic. SCTM #: 67-3-5,6&7. TRUSTEE KRUPSKh We took a look at this at field inspection last week, and the Board felt that because of the amount of runoff coming down that road, I guess Huntington Boulevard, and because Autumn Lake does d. rain into Goldsmith's Inlet so anything flowing into Autumn Lake is eventually going to affect GoMsmith's Inlet. The buffer there serves, whether phraLgrnites er. other vegetative buffer, really serves a function, tb filter all that. w~ter~ that coroes down that road. You can .sca it as yo'[~ go frei~ Hunting.ton Boulevard to the south, you, can see .gu!lyiri~]. from prOp'epes coming in. I"m~going to m,siJb~ a resQ[,gtion t~ dbny the, permit to let [he. area r~Jveget~e b(Cc.ause the'Boa.rd felt thatthet buffer is protebfi~g :Silttse¢imbfltatibn and any nutrients, '~an~f ldnd of pes~ipides, an~htng appl(ed to lawns or pr;o:pertTes; peolbl~ IJu~hat~,bl~.~, k ~ on theft" driveWa~ys. On heavy r~Y~s., ~11 ti'LC, t fJus*hes dmYn. there And if ~y, ou', have a h.ea~ ~/~getatien ~ro~und that ~o act as a buffer, thatfwil[' Slop' all tha{ ~4~,'ff from Ce[ting into AutLr .~ L~a:ke. MS. ~I~B~RLAIN: My name is KathJeen Chamberlain. Since we move, ff~tffe~"e in 198~1 and had someone come and advise us about runofCi~td(.th.e pond, we haven't used one drop of fertil~rJ A~d as f~r as traffic is concerned, that dirt road.~e, ret,gets alnipst no. traffic. It's very, very mlmmal. So, I dbh'~J[knc)~,'wh~at the runoff would consist of. TRUST.E.B.',;KR'~ps ,KI: You can see it all coming down Huntington Boule,~a..'r¢ Y, ogr prbperty~ s just to the west of that road MS, eH' -¢d~1. BE~RLA ~1: As;you re corn ng down that road t's to the le~.' TRUSFTEE KRUPSKh But it's coming off all those other propeEies.to the south of you. That's what our concern is. That ,S~rip of vegetation is going to buffer all that. MS. CHAr~ERLAIN: Dbes that mean you don't want the phragmites cut down to a foot? TRUSTEE KRUPSK: That's correct. Not that we want to see a replaB~ing:happen, we just want the area to revegetate naturally. MS. G~I~tAMBER,I~_AIN: How about the mowing that we have histofip.'ally, done's rice 1981 ? TRUS,.T. EE; KRU,PSKI. The mowing would be fine but that area that h~J~been cleared, you can see it was newly seeded, that Board of Trustees June 24, 2004 should all be allowed to revegetate. MS. CHAMBERLAIN: Is that the only area that you're talking about is the newly reseeded area? TRUSTEE KRUPSKh Right. MS. CHAMBERLAIN: If the permit is denied, what happens to the check 1 wrote you for $5007 TRUSTEF~ KRUPSKh That all goes to Town Hall· MS. CHAMBERLAIN: Whether you actually get your permit or not? TRUSTEE KRUPSKh We don't actually get it. It goes right into:the General Fund. MS. CUAMBER ,,LAIN: Do I need to do anything further? TRUSTEE KR, UI~SKi: No. This will satisfy everything. Let that',revegetat& That area that was cleared, let that re,vegetate naturally. We really felt that was beneficial to Autumn Lake, the more you open it up. It's not just your prop'erty; it;s, ail that coming down Autumn Road. MS. STANDISH: They can continue to mow -- TRUSTEE I{R~PSKI: What was historically mowed. TRUSTEE ¢O~i~ The area that you would normally mow, your lawn. with` the exception of the violated area, you can coritiqu~to, ¢riewCtbat, that's not a problem. MS. CFfA~ER~iN. Okay. So we're basically right back to where ~'e s~¢~ a year ago TRUSTEE ;~I~'~KI: Submit that copy or part of a copy of that map so we ~ra._w that,area that had been disturbed, so we have th~in:,th. ~'file Brln~ that in MS. CI4~E~!'N Birng that in, another copy besides the one I g.a~e TRUS-FEE ~PSKI: What we have is the little tiny tax map. M,S CH 'M~E~I.-AIN· · :.,.~ ,.: , , . What do you want instead? TRUS~E I{R~ ,P, SK The one that you brought in before. Bring that ir} arid ba,u(en can make a copy of just that section. We can mar~ thgt ~So it would be left undisturbed. MR. CH~A.'MB.'EELAiN: So we can do that tomorrow? TRUSTEE t~R~PSKI: Yes. TRUSTEE ~t'ER She lives in a jurisdictional area, shouldr~'t we isCae them a permit to mow the grass the way they've been m~i~g it? TRUSTEE KR~PSKI: No, we'll deny the permit. TRUSTEE FQS~IER: But shouldn't they get a permit to continue to mow (heir grags because it's 15 feet, just to clarify that? TRUSTEE KRUPSKI: That would be considered I think this action is only for the area that was newly disturbed this year, and the mowing of the grass would be covered under 4 Board of Trustees June 24, 2004 exemption of the new code of normal and usual maintenance. It was just for that one disturbed area. MR. JOHNSTON: She was not asking for permission to continue to mow; is that what you're saying? TRUSTEE KRUPSKh Yes, correct. MR. JOHNSTON: All right, I did not understand that the application was only for that area. You're right, it's under the exception. TRUSTEE KRUPSKh The mowing that you have done historically is only for the e~emptions. MS. CHAMBERLAIN: [ understand that. One other thing is just this laSt!yearthe phragmites started spreading all around '~o .are..as~:that it. wa.sn't before. Can other areas containing,,phracjtflites witlflout violating-- TRUSTEE KR'UP,SKI: You mean m6re towards the west? MS. CH~,MBF~RLAi'N: Yes. We haven't cut it down there, but it r~aliy ha,'s st~rtec].~'o spread this lastYear. , TRUSTEE I~R~SKI: To. be ~e~Wth you, we go out on the 14th'and Ioc~ka~,~. f_ I. didn'~ See a lot of phragmites that':way. MS. CHAMBERLAIN: They're just starting to go. I just w~a~red .if'there was a general ruling on that. TRUSq-E." E KRUPSKI: We allow people to mow one foot, but that~ in areas where it's a monoculture of phragmites and not.a mixtareJ We also have a lot of people to control phragmi~s, youlge[ into area~ of control and you really have to be careful because, it's a sensitive wetland area, that ~'ey.wan.t to,~ntrel tee p.hragmites in. Let us take a look at that, maYbe,we'll ge~t an opinion from Heather on thati.~d!'C,hri~ ff~rrmCorn,..e[I Cooperative Extension is helping us out wlfl~ advi~en just how we can go about detailing r~ermits ~rrd. Fe~,' sion to do that. S..=C'H~ME~E~tN: As [said, I haven't cut any out. TRUST~ ~U~KI A et of t mes peep e do t where it's a merrett[lure. ~.'th;is is di~erent. I'll make a motion to deny the~ ~p~li~i~r~ to cutphragmites, and this will be in that denJal~ ~![I s~i,tb~t it's a denial in the area that was 'te,:~nth,, (:li~f'u]'k;ed Ih;s' year TRUSTEE KING: S~cono. TRUSTEE KRI,JP. SKI: Ali ;n favor? ALL AYES TRUS.TI~E K,R~. ~SKI: For everyone's information, these next few items aren:[ pu'lbl~C n6ar,ngs. Everyone is welcome to come up and t~aKe e~t~ments. If it seems like we're moving quickly, i~'s~ be, c~se it's a long agenda and we're trying to move threug~h it, Arffe, do you want to take the next one? 5 Board of Trustees June 24, 2004 IV. COASTAL EROSION PERMITS: 1. PAUL ORLICK requests a Coastal Erosion Permit to construct a single-family dwelling and shift footprint of home six feet towards the water and cantilever rear deck into CEHA - that's Coastal Erosion Hazard Area -- with no footings in coastal erosion area. Located 1300 Leeton Drive, Southold. SCTM 58-2-1. TRUSTEE FOSTER; Is there anybody here to speak on behalf of the per[nit? MR. ORLiCK: Yes. Good evening, I'm Paul Orlick. What I did I weJ~t to the ZBA for a:front yard setback, and in the process I' thought if I _shRed further backward towards the wate'r~ it,would ease my front yard setback, and by cantileving the deck w,.~h' ne footings in th.e coastal erosion area, that it, W~)~Jl~'n't .effect any of the vegetation or have adverse effec[s4tbwa(ds a.nyfJli~g; TPJJSTEE kR.gPSKh Do ¥°u ~ant to make a motion? TR~.' STEE FOS~T~ER: Male:ia mO~ion to approve the application. TR0STEE PlC~SO~: Sacend. TRUSTE~ I~.O$~R: Ail in favbr?. ALL AYES. MR: ORLICK: ~ank you. I also have the record of mailings (handing). V. APPLICATIONS FOR AMENDMENTS/EXTENSIONS/TRANSFERS: 1. En-Consultants, Inc. on behalf of THOMAS JORDAN requests an amendment to Permit 5572 to construct a two-story dwelling and attached garage; install a pervious driveway, sanitary system, and public water service, and establish a 42' non,disturbance/non-fertilization buffer adjacent to the freshwater wetland boundary. Located: 1680 Brigantine Drive, Southold. TRUSTEE DICKERSON: We looked at this last Wednesday. I think everybody was okay with it. There was some question on a cluster of trees on the northeast corner of that. Do we get a number or just the larger trees in the northeast corner remain? And dry wells and gutters. Is there anyone who would like to make any comments on this? Any other Board comments? MR. JORDAN: My name is Tom Jordan, I'm the landowner. I was wor, king with an environmental company in an effort to obtain the p'ermits. I understand he has a briefcase full of surveys and paperwork, but neither he nor his briefcase are here right no~v. And the point about the trees I wasn't aware of. I don't really know what I should do next. TRUSTEE KRUPSKh I think we were prepared to approve the 6 Board of Trustees June 24, 2004 application with or without the briefcase. But in the northeast corner by the septic system, there were some large oak trees, and we just wanted to see if they could be spared. We weren't sure because the edge of the road, it seems like those trees might be on Town property on Brigantine Drive, actually off the property line. That might be possible, we just wanted to see if those trees, there's good sized oaks. MR. JORDAN: Is that something I need to look for?. TRUSTEF=, ~FOSTER: That will be one of the conditions of the permit that they be spared. MR. JORDAN: gaid:'if they were on Town property, they would obviously b'e. 'FR~.$'[EE KRUPSKI: Theywould have to be, sure. And in order to gert.be permit, you're going to have to show dry wells and, g.utt, om on the house. We'll approve it tonight, but yoU?e no.t going to get YOUr permit until you have your surveYqrjlJst mark those, out. Not in the field, just on the survey. TRUSTEE DICKERSON: Any other comments? Put the trees in the approval? TRUSTEE KRUPSKI: Sure. TP, USTF-E DICKEF~SON: Make a motion to approve the request for amendment to Permit 5572 to construct a two-story dwelling With the.~ondition that dry wells and gutters be on the house and on the plans when they come in. Also not to remove the three large oak trees on the northeast corner of the property. TRUSTEE KING: Second. TRUSC-EE POLIWODA: I abstain, I'm the neighbor. MR. JDHIXlSTON: Sir, you realize I'm the attorney for the Trustees, you realize what you obligated yourself in essence, if those trees on your property, you'll leave them there;,ahd if you don't leave them there, then they will send the Bay Constable out and you might have a significant violation. TRUSTEE KRUPSKI: It's pretty obvious. We saw the way the septic, was marked, and it seems like those were pretty well to the east of those. MR. JORDAN: Thank you. 2. ARTHUR TORELL requests a one-year extension to Permit Number 5587 to construct a single-family dwelling, attached garage, pervious driveway and septic system. Located: 365 Westwood Lane, Greenport. SCTM #33-2-10&11 TRUSTEE KRUPSKI: Anybody like to make a motion to approve? Board df Trustees June 24, 2004 TRUSTEE application TRUSTEE TRUSTEE TRUSTEE meeting. TRUSTEE TRUSTEE TRUSTEE TRUSTEE FOSTER: I'll make the motion to approve the of Arthur Torell. POLIWODA: Second. KRUPSKh All in favor?. ALL AYES KRUPSKh I need a motion to go off the regular DICKERSON: So moved. POLIWODA: Second. KRUPSKI: All in favor?. ALL AYES. KRUPSKI: If anybody would like, I'll go over the postponed ones again. Number 5, ROBERT and KATHLEEN LA.WBENCE; Ndmber 7, SALVATORE GUERRERA; Number 8, BRUNO FRANKOLA has been p(~stponed; Number 10, ERNEST SCHNEIDER has bee~i,,pgStpqn~d and at the very end off the public hearings under.Re~ol.utions, Nurflber I, JEFFREY HALLOCK has been postl~pned. VI. 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 SUFFOLK TIMES. PERTINENT CORRESPONDENCE MAY BE READ PRIOR TO ASKING FOR COMMENTS ROM THE PUBLIC. PLEASE KEEP YOUR COMMENTS ORGANIZED AND BRIEF. FIVE (5) MINUTES OR LESS IF POSSIBLE COASTAL EROSION & WETLAND PERMITS 1. Twomey, Latham, Shea & Kelley on behalf of JOHN F. BETSCH requests a Wetland Permit and Coastal Erosion Permit to construct a two-story, single-family dwelling with a two-car garage in place of the existing one-stow, two-car garage dwelling and to be built on pilings. Located: 2325 North Sea Ddve, Southold. SCTM # 54-4-24 MS. KARSCH: Trace Karsch from Twomey, Latham, Shea and Kelley on behalf of the applicant, John Betsch. This is not the first time we're here on this application. I will not reiterate all the points, made prior to this evening. I would like to reemphasize our position, however, [hat this is a regulated activity that satisfies the criteria set forth in 3712 for the issuance of a Coastal Erosion Management Permit. I would, however, ask that the Board take note of some correspondence which has been provided since the last hearing date, several letters as Board of Trustees June 24, 2004 well as memorandum of law and an affidavit from our surveyor. We would like to answer any questions of the Board which goes back to that correspondence at this time. I do have extra copies if the Board does not have copies. TRUSTEE KRUPSKh This is something we received today?. I can read it for the record if someone wants me to, or we could just review it. We might have questions, we might have comments. MS. KARSCH: There is one letter dated May 25th, which was just reiterat!ng:our points made at the last hearing. I also submiffed'~a letter dated June 9th accompanying our memorandum of law that I would like to add to the record. I have-cQpies'ef it. I submitted six copies of everything when I sub~rnitted it. TRUSTEEKRUPSKI: Actually, we have the coastal erosion people f~ro.r~, R.ew York State coming out for a meeting June 30th. /~nd We have guestions on some of these applications, and this is~o~r~e Qf the applications we have questions on. They have been helpful in the past. They have come out and taken a, lo~k at.specific properties for the Town to help us wi.~h definEions of [he cocte. And this is one of the applica~io~we~re g~ing to review with ~em when they come out. And se.e, i~ fact, I'rn. going to ask Eauren to send them most o[thiS,informat~on beforeh,and so they (~an review it. So it's not li,ke, welt, whgt do you think about this. So they will be prepared. So I'd like to table this and let coastal ffros,'ioQ people from the'Share and ta.ke a look. MS. KA;RSGH: Coqld f.attend this? Is this something that the pub!ic ceul~: attend? TRUST,E.E I~RUPS,K~i: I don't think so. But this is something that, if they ~I we us a, ny kind of nformat on or dec s on · the,State, we w, outd deflmtely ask for t n wr tng We're bas~cglly go[n~ to say this is our opinion. We're going tM r~,~wwha~ou subm tted today We're going to say this. is hp.,w, we tl~ink the code is interpreted, are we right, wrong, in betw~.en' And they're going to ask for their opir~ibn in'wri.~ So we're go ng to say we asked the coastal ,erosioa~ people, here's what they said, and we can submit that to.you. That's a fair way to do it. They've been pr, etty ponsistent as far as giving decisions. It% not~i~l~b we're going to ask them, and th.ey're going.to ;say i' don't know. MS. KARSC~H: There were a couple more items that I did s~bmit. I j,.u.~t want tO make sure you have them. One was my leEer of yes{erday, a~d accompanying that was the affidavit 9 Board of Trustees June 24, 2004 of our surveyor, with respect to the erosion issue, John Ehlers. MR. JOHNSTON: For the record, we respect your challenge to our definition of structural hazard area, and we will review your memorandum. TRUSTEE KRUPSKI: And it will be done timely, like I said, and because they will be coming out on the 30th and at that time we can make a decision as far as what we feel it is. MR. JOHNSTON: We also take notice of your comment of the accretion of 24 feet versus an erosion problem, and we will reconcile thor. TRUSTEEKRUPSKI: The State has spent considerable time and expeps,e s'~Udying the area. of the Sound to the east of Gotd,~mithfs Inlet. SO this shouldn't be a problem .finding out pret[y defi'nitively and quickly how the state feels about erosion or accret(on there. It's ~o~ like something they haveh'~ seen before dr'haven~ stud ed -i-hey'v~ Spent huqdreds o.f, tbousands of dollars in the last few years looking at this ,area. MS. KARSCH: Would we then be tabling this for another headng.,.er.'cal~!ing it for us to respond? TR~STEE,~RUPSKh Correct. We will table it for a hearing but as sborz..as we get their word, we can submit - Lauren, can we ,subr~'f~ anything, we get from them to you immediately so you can, ~pOnd. MS. KARSCH: I only ask because the applicants are quite anyjous; TRUSTEE KRUPSKI: We'll try to push it along. MS. KARSCH: Thankyou. TRUSq'EE'KRUPSKh If there's no other comment, I'll make a motion t~ t~ble the application. TRUSTEE .FOSTER: Second. TRUSTEE KRUPSKI: All in favor? ALL AYES WETLAND PERMITS 1. MARGARET HEIDENRY requests a Wetland Permit to remove and replace the existing porch, repair roof and repair siding on the existing dwelling and replace doors and windows at 29 Sage Boulevard, Greenport. SCTM 53-5-12.6. TRUSTEE FOSTER: Would anybody care to speak on behalf of this application? MS. HEIDENRY: Hello, I'm Margaret. TRUSTEE FOSTER: I attempted to look at this, but I didn't. MS. HEIDENRY: You attempted to? TRUSTEE FOSTER: The road was locked off, it was chained 10 Board of Trustees June 24, 2004 off, and the gate was locked, and I was in a bit of a rush, and I looked around for somebody who might have a key but couldn't find anybody, so I didn't go inspect it. MS. HEIDENRY: I'm sorry. There's a button that for some reason is not marked clearly. TRUSTEE FOSTER: This. was a chain with a padlock on it. MS: HEIDENRY: You were there a while ago. TRUS'CEE FOSTER: I was there-- MS. HEIDENRY: In the spdng? TRUSTEE FOSTER: No, a co[Jple days ago. MS. HEIBENRY: NB, it's a chain that lowers and goes up and down, there's a I~ut[o.n. TRILIST~ FOSTER: I wasn't aware of it. I saw the padlock, I got:out'and ibol(ed at it. I didn't have a key to fit it, so I lefL MS. HEIDENRY: A wise decision. TI~USTEE FOSTER: I can go look at it sometime tomorrow, if I ca"n get in ther'e. M~', ~JEID~-NRY: Okay. I'[I let you in. T~STEE KRUPSKI: Is this one of the little bungalows on the bay, there? T ~I~STBE FOSTER: Yes. T~Srl'EE,. ~KR.,UPSKI: What is your pleasure? T~_, S,'T.E~. ;, FOSTER: We can approve it subject to inspection. M~. HE'I'¢~NRY: We had two people come out already. I don't 'they were knDw Who, . T~S~ KRUPSKI: Do we have comments? T[~J~'[EtE~-- FOSTEp,: CAC recommended approval. So I'll make a m~ioh,t? approve the application subject to an inspection b~r~,~tl~ beginning of the week. TF~U'S~ KR~PSK: Do you th nk, Art e, ook ng at the p aris, arff c[ry.'W.~lis .a'ppropriate for this? , TR..U~,-F~ ,FOCal-ER: Solid clay down there, won t do you a bit of ~°O~k .~ny 0~her comments on this application? MS. H~-~rEN~: What were you say ng about dry we s; s that som¢!hi~, yo~ll let;me know? TP~ E~SKI: No, I asked Artie Foster if dry wells v..::..,;: ::...,x;i;,ru::" ~' ..:;, a lot of them we require them to r::;n,r, n .:','.'~ ,',::,'.:. -..",';ff, but in this case he said because the sd!t co~taif~ed so much clay, it would really be in¢)p rppr~(a,t.e. MS. HiI~!i~[ENRY: I see okay 'm sorry about the gate. TJ~LJ~ ~O$'q-ER: It's okay l got an education. A lock is no~' al'.'~. ~y,~ a Io~k. A~DIE~/~E MEMBER: I'm her next door neighbor, and I've looked gt her porch for about seven years, they just want to 11 Board of Trustees June 24, 2004 replace the exact same porch. And to make a point about the wetlands we've never used fertilizer on the property and we really don't have any erosion there. It's pretty flat land. TRUSTEE FOSTER: This is pretty straightforward, but we still 'like to have a representative of the Board look at it, and I just happened to be the one, and I couldn'f, get down there. So we're going to approve it based on an inspection with an operable gate. Make a motion to dose the hearing. TRUSTEE DICKERSON: Second. TRUSTEE FOSTER: All in favor?. ALL AYES TRUSTEE FOS'f;,b--~: I'ii~.make a motion to approve the application s~bjed, t to an irrspection in the next. couple of days. TRUSTEE DICKERSON: Second. TRUSTEE FOSTER: All in favor? ALL AYES. 2. JOAN AND WILLIAM CORWIN request a Wetland Permit to maintain the lawn, trim shrubs and phragmites, and spread bluestone on existiog dri;veway. Located: 14915 New Suffolk Avenue, New Suffolk. SCTM # 116-3-17. TRUSTEE DICKERSON: Is there anyone here who would like to speak for this application? MS. CORWI'N: Joan Cdrwin. It's my understanding that you have changed the .distance from wetland laws in the past few months; is that cor.rect? TRUSTEE FOSTER: We didn't change in the last few months the d~stances. It was (~hanged a few years ago. It went from 75 to 100 feet. MS. CORW]N: I guess my concerns are that our yard and our whole house are within a 100 feet. The house has been there over 100 years when there weren't any wetlands laws and do I have to have permission to mow my lawn? TRUSTEE FOSTER: No, ma'am. I don't think that was issue. The bacharis, which was a protected bush, was cut down that's the violation that's the problem. MS. CORWIN: The landscaper did that without our knowledge. TRUSTEE FOSTER: That doesn't change the fact that it was done. MS. CORWIN: I understand that. TRUSTEE FOSTER: We went and looked at that. I don't know your position. TRUSTEE DICKERSON: You had also asked for bluestone on your existing driveway; we discussed approving that, and we were going to ask that the bacharis not be touched because it does look like it's growing back, and that to protect that 10' foot buffer area, that hay bales be laid down ten feet Board of Trustees June 24, 2004 from the wetlands area, so that area can be let to grow back. MS. CORWlN: Nothing was cut out of the ground. TRUSTEE DICKERSON: Right. But the bacharis was cut and we wanted 10 feet that would be left and not mowed. MS. CORWlN: 10 feet towards our house? TRUSTEE DICKERSON: Right. MS. CORWlN: 10 feet into the lawn? TRUSTEE DICKERSON: Yes. MS. CORWlN: Where do you get these hay bales? TRUSTEE D1CKERSON: Agway. MR; '-CQR~vIN: DOes so.m, ebody have vested interest there? TRUSTE'~ 14F~upSK~ ,~ 10t..of people sell hay. T. Rus~E DICKERS. ON: Those were our two concerns. The blueet~t~ wobld~be fine for the driveway, and the 10 foot problem. MS. 60RWlI!I: You saw the problem, they built up on both sidles of me aBd it all drains down into my driveway. TF~US-I:EE D[CKER~ON: Yes. Do you have any other comments? Any other comments, for or against? Any comments for the Board.? MS. CORWlN: All I have to do is put the bales of hay? TRUSTEE DICKERSON: And let the bacharis grow back. MS, CORWIN: And appear before the judge. TRUSTEE DtCKERSON: Any other comments? I'll make a motion to clqse the hearing. TRUSTEE POLIWODA: Second. TRU,~,,.-I-EE DICKERSON: All in favor?. ALL AYES TRuS,'¥EE DICKERSON: I'll make a motion to request the blues~3ne for an existing driveway and also that hay bales be pl~ced for the buffer between the wetland area and the landw,ard existing lawn. TRUSTEE P©LIWODA: Second. TRUSTEE DiCKERSON: All in favor?. ALL AYES MS. CORWlN: I believe 10 feet is going to become where the septic system is. TRUSTEE DICKERSON: Just in front of, just before it, have the ha~/bales placed just before. MS. CORWlN: On the other side. Okay, now what about the deck? TRUSTEE DICKERSON: Your deck should be fine. MS. CORWlN: Well; it's more than 75, do you know what I mean? TRUSTEE DICKERSON: Your deck is fine. MS. CORWlN: Okay. We did it with permission. TRUSTEE DICKERSON: No, that wasn't part of our concern. 13 Board of Trustees Sune 24, 2004 MS. CORWIN: Justthat one section. Okay, thank you. 3. JAMES AND EILEEN BUGLION request a Wetland Permit to construct a single-family dwelling with a deck, pervious driveway, fencing, sanitary system, and a 4' wide path to the water. Located: 2520 Clearview Avenue, Southold. SCTM # 70-10-29.1 TRUSTEE POLIWODA: Is there anyone here to comment on this application? MR. BUGLION: Yes, I'm James Buglion. Basically this is the sam~permit I let expire three years ago under Permit 5309. Bas,allY I'm reappiying, get everything in order. 'tRUSTEE POLIWO~A: is there anyone else that would like to comm. eQt.~on this appii~ation? TF~USTEE- K ..P~. PSKI: Is there a hay bale line on that, Ken? TRIj~EE POLIWODA: I'm just looking at that. TRUSTEE KF~0PSK~I: Drywells and gutters? Anyfield notes, Peggy? TRUSTEE DICKERSON: No, not besides just it was permit run out, resubmit. TP, U~TEE POLIWODA: Proposed wire or chain link fence at 50 feet,from the flagged wetlands. Any other Board comments? Mal~, 'a. motion to close the hearing. TRUST, EE DI:CKERSON: Second. TRIJSq'EE P©LIWO'DA: All in favor?. ALL AYES. TRUSTEE P0..~IWODA: One other comment, CAC approved it. Make a mofi(zn tp approve the Wetland'Permit on behalf of James and E. jleen BUglion. TRU$'T, EE FOSTER: Second. TRU~E~ P~LIWODA: Ail in favor?. ALL AYES MR. ,~,LIG.'L[~: Mailings? MS. STANDJ$'H: I!il take those. 4. M~C, HAEL ~LIEGEY, AS CONTRACT VENDEE requests a Wetland Permit',to con§t, ruct a single-family dwelling with garage and sani~ary, systena. Located: 480 Ackedy Pond Lane, Southold. SCTi~ # ;~-3r13 TRUSTEE KRUPSKh Is there anyone who would like to speak in favor oflth~ ~pplication? MR. VANDENBERG: Good evening, my name is Richard Vandenb~r~. I'm actually an attorney who represents Michael with regard to ,the purchase of his property. Mike actually wanted to, be here was not able to be here. He asked me to appear t~o ]et,~u know that he couldn't be here. MR. JOHNSTON: Did he sign permission to represent him as an ager~t? 'Do welhave anything here? MR YANDEN~ERG: Probably do not. 14 Board of Trustees June 24, 2004 MR. JOHNSTON: Then, Al, he can't speak on behalf of somebody else. MR. VANDENBERG: All I'm saying is Mike couldn't be here. I'm not necessarily advocating anything specifically in support of Mike's position. I just wanted to relay that message. Mike also explained to me that there may have been some question about some additional information regarding the septic system. So I will be glad to relay that message if there was a specific issue in any way on that. TRUSTEE KRUPSKI: I'm going to ask for any comment then I will get into the deficiencies of the application. MR. VANDENBERG: Then I' will' b~ glad, if it's assistive, to be glad to have hi,,m complete an authorization to have me assist: him at the nf~xt meeting. TRUSTEE: ~(R~UPSKI: Any O'[her comment in favor of or against the appliCa,t, ron? MR. I~,~L~BE: G.bod evening, my name is Gary Laube, L-A-U-B-E. I have seYerral comments. On the information on the survey that ~/a,s,brought to ~our attention there's quite a bit of informatipn that.'~, ngt on the survey that needs to be looked at. He .d.'.oeS. n't!have elevations not referenced to the U.S.G..S, d~.tum, no two foot contours, no first floor elevations.or elegatjons irt vicinity of building, no test hole 0f ~Jr~qundw~e[ elevat OhS, setbacks are not in comgliaq¢~with..,DEC or new Town wetlands codes, they're 43 and-a-haif!~.' et~ in,stead of lO0 feet; septic is only about 80 feet, not 100 fee~[. There's no photographs of the site. There's ne: quesfio~ if it's in DEC jurisdiction. Septic system details, are rhissing,' adjoining houses are not shown. That's one item. 'Fhe next item is getting to the historic district, TRUSTEE KRUPSKI: Before you get into that, those are all commen~that I,believe are all correct. In the application form 972..1 under' application, it really clearly states what's necessary to a'pp. ly. Obviously we're not going to make a decision tdi3ight ibecause a lot of those contents are not in the file anqJ;~renCt ~omplete. So in order to, in fact, really to re, Open ano~ther public hearing, we'll take comments tonight fram anyon~ who's here, but in order to reopen the public he.aHng, I tEink it's appropriate to get the applicati(~rl .completed so we can review this as a complete applicatierl instead of saying we're not sure, maybe we'll get more intor .marion. It's laid out, there's 17 items it's laid out pretty Cl,barly. I just wanted to address that since you had' brought that up, address that at the same time. 15 Board of Trustees June 24, 2004 MR. LAUBE: The area in question is a map here from the 19th Century, a village adjoining Southold. I live in the doctor's house. TRUSTEE KRUPSKI: Can we have a copy of that? MR. LAUBE: I can give you this (handing). I Iive in the doctor's house, now. I've been in touch with the historic preservation office up in Peebles Island up in Albany, and we are in a very archeological sensitivity area. I've got the map and it shows Southold and Ackedy Pond ~s square right in the areas of archaeology area. I'd like to bring this up to yo~z.also (handih'g~. TRUSTEE KRUI?,SKI: Could you please indicate on here which house is which is. the subj~ct parcel. MR. LAUBE: (Marking.) 'Fh~se are two 18th Century houses right here, TRUSTEE KRUPSKh For the record we marked that on village adjoining $outhold map. MR. LAUBE: The reason being the village it had every func'don, tavern, blacksmith, doctor's, TRUSTE.,E FOSTER: Like a little community. MR. LAUBE: Tl~ere are all the people that don't know about this. We know there are two foundations of these 18th Century houses right up front, close to the road. This at one time was a' I~t[le wagon trail. You can't think 21st Century, you have to think 17th Century, 18th Century. these houses~Were right up on the road, and the water came up a lot ciose]~ than what it~iis right now. TRUSTEE KPCUP~K: And the Overton house exists? MR. LAUBE: 'J'l-~at's~the [i{.~lo blue, that was the captain's house. TRUSTEE DICKERS©N: These two houses aren't existing now, the~ were there? MR. LAUBE: Yes. And there's probably a well on there also somewhere. That I'm going to get into some more. This is from the historic preservation office and it shows -- and you can go online and pull this up - and it shows where all the sensitivity areas are and if you pull that up, Ackerly Pond is smack right in it. I also have the New York State Historic Archeological Site Inventory Form that was done on my house. It took us about a year and-a-half, and if I could bring that up to you also (handing). This is a form shows it's a very extensive and detailed map gddding out. This is the property in question., here,, right here (indicating), and this is all gridded out and it's shown all where archaeology was done, and right next to the line where the property in question 16 Board of Trustees Jtme 24, 2004 is, we found a headstone buried in the ground 12 inches into the ground. There's no names or anything on it because it's pretty old, but we did a lot of work trying to find if there was any graves in this area because we didn't want to dig them up. There was nothing over here. So we have a really strong suspicion, just because the lines are here now this is all one piece at onetime, there could be grave sites here at one time. This has been registered with the State of New York up in Albany. There was a lot more work that goes with this, but that went to. the State with @Il the artifacts that were found, over 10,000 artifacts, were found. TRUS':I-EE'FOS~ER: What did they d~vith them? MR, LAEI, B.E: I gotthem'-ba~k. We just recently found a clay pipe'~i.¢~.~he maker's mark dc. ted 1'67,8to 1713, which sets right.whjefe the house;was. $o we're .fi~ding a, lot of pieces tha.t, are im@erative. TR~iS~EE!F'OSTER: What do you mean pipe? MR, LA, BE: Ihe.~)ipe~that you smoke and there's a maker's mark, and .we mvestfgated Who the maker was. We found out it was, I~b~ Ti~tor~, and he made pipes from 1678 to 1713 out Of Bri~(ol, Engined. So there it Was sitting there in the g.rPt~n~, nd '~ ,found jr. So the house was dated, we date the houS~ i~ the, 1.8,.90s., and this is fitting right in there. We ha~e i'to'~oo.,o.!;a.~fa,'cts and there's a Iot'rfght on the edge of thi~ pieCe;sf p¢~¢er~y..So just we know that there's a Iot.m~.r~ ar,.~.t~a,e,o!,P,.~y ~o be done through the whole area. Orte pi:her th, ihg.is~ SEQRA, one of the things that are here. I iust'wanl i~ 're,~d'a ilttie excer, pt h;er~, "What is th.~ En,.ironmenr? the ans,~.er i~ i~P°~t because many dec,s,¢,n-m~aking,,,bodies do nor aPP~Ci~te ho~ bmadiy SEQRA defines'the; env[tbn:m~rit impacts that niust be considered when SEQRA a.p~J[es;.an61~ physfcal condjt[ons, which wdl be affected by~,PJ, Ol~eS~d,,,aCtion: including I'and, air, minerals, water .flo~,al;~nd;~Uh¢ no[se object~ o~ historic and aesthe~c~gn~flizanoe~ e~end exist ng ~atterns of ex st ng · . , ? ' '!: 'I-..; '. , ; . , populatiog concentFat!on d!str~ut~on or, growth or ex~stmg commuB ly~or n~l~gh~o'[hood character All these environmegtal i~pg~.in .~.e above def. inifions encompass three areas: Pliys~eall~mpacts mpacts~of,popu aton patterns and ,im~.a¢~ bn community ~g~ter We have a very race commhmty~:hara"cter, over there olt l'Tth and 18th Century homes, anti to seed brand new home ~loigg up them. My house is being pu~ on ihe,~0tiorYal Register. The, State has nomina[ed :my I~,u,q--e:[-o pLJt on the Nati{ana,'l Register. The next ~tep i~ to gdt ~at who e area on tl~e~ :l}l. atienal Historic D~stnct~ to me t~tSgOmg to be an imp~a',ct~;by having a new 17 Board of Trustees Jtme 24, 2004 house just thrown up in that area, which it's not going to conform to that. I don't know, would you want these pieces of information I have there? TRUSTEE KRUPSKh Sure. MR. LAUBE: One of the archeologists couldn't be here tonight and she has a letter here. And if you could give me a few minutes, I'd like to read the letter: "The property located at 460 Ackerly Pond Lane, Southold and tax map Number 100069-3-13 'may b.e of archaeological significance. The area according to, the National Register of Histodc P.laces GIS database, s regis'~ered as a place of significance to history ar~ areh,.aeoiagy. Because{he area has' been offiCihlly~:reg~'~t, er~ arch~aeologic~i survey and excavation should be,¢org[alCtCd b~.fere aoy cha[ages to the property are made. If the property is built upon, any traces OF rich history will' be-ir)st. Dur~g. the 1600s'the property was part, of the.c~.' t~rhon iand4Jsett' by Laz Manley, who was a miller. Th& m01 .itself is yet to be four,d, but parts of the mill rbrr~ih ,Ft, iae'Jghb~ng'prop,erLies surreund[ng the lot in qu~s~ti ~.e~n. I'~:.se.e~n~,'[,~.e~sonable t.o assume that more artrfacts, perta~ir~ !o ~i mill:sh.o.uldbe'found. On the property'liae;.b'et~een .Lpt 480' and. 3¢,0 a,,headstone was found. No grave was uncovered on the Laube property; there is a possibility t~at a .b~r,[al,,li~.s,on treat lat. "Du;ring,.corogial, timB. s <we I~no~N {hat the Overton and Simmons Far~ili,eS~h.ad bourses on th~ lot in question. The foundation~o~ thcS:se [v~o htanae.s we[e filled in during the 19,.,0s. The map, wb,cn shows :(ne ,,,,age adjO!nlng Southold ~s not to sc.~le but dist;,nct,{,,e~¥ Shows the tW° hO~eS. O~er 10.000 ~Jrt,fa'cts have, been .catalogued fram the Laube property ,nclbdin(~rare hnd~ s.u¢l~ a~ ~ 7Ih Cenlu~ working well, [0otter¥,. coin~ uno. rare I~pt~ons. The artifacts give insight tO [he wav.;;the ~.'arl;bst'COlon,sls in Sou{hOld Ired "ii , i. ' : ~ [t Sl.a~,0s to reaso~ thall. Sl~,lar I,nd$ w,,I be fo;und on the ddia,..6nt ioropert,./: on thei~icliac~.nt ~,s,I. "Nut,ce Ame~'ica,n adil'~cts r, ave ~so been found on 'the Laube p~ope~./,on 3 l~A;ck.6rly Pond ~an.e. These include, but ar6 r, ot exc us ye to'a, 5,3,:¢0~ 6.CiCa,.', year °Id speer po,or, an 1 I)t.,0 >~ar otd, sp:e~r po,hr ~ncl a possible shell midden." And she just,kept it tight, there's a lot more she could gdon and dn ab. ou.t and she signed it off. I'd like to sub~it ~faat t~ yogi (handing). We had som~ petitio'ns. We had a petition signed here I'd like to re~d of{~he 13et~On and hand that in to you. "It is argued~that f~e -133~t~n of Southold is the oldest 18 Board of Trustees June 24, 2004 English settlement in New York. The early settlers were attracted to the protective waters of Peconic Bay, the abundant wildlife and the natural beauty that the north fork offered. Many of the homes which were built as early as the year 1638 still remain today and continue to be inhabited. Acknewledging the significance and the importance of these homes and their surrounding property is essential in preserving the unique history and landscape to the Southold community. Reckless and poorly planned development are the largest th~ea..t to, any community with detrimental results that are almost always irre?ers~le. "The S~uthold Br~ard"of Trastees has been presented a building proposal for a s[ngte-farnjl~ dwelling, garage and sanitary system to be built on a wood0~l property at 480 Acker!y P,o. nd Lane~ less than a quarter n'iile, north ct Main Road and directly adjoining Billberry, Creek. Tho proposed'house construction would require uprooting and removal of {Pl~ro~ima/~e y 20 m&genous trees, plants and bushes en~m.~ Cl~,on the'recently restored doctor's I~ouse. wi'rich was built!iln/~h~,late 1690s and has bebn nom[imted by the New Yo)t~O~rce of Parks, Recreation hnd 'H[storic Pr'eservation to gg listed on the National,Register. I~e~oasrng the densit~i~fth, rural and histoffc eo~.~?y !~¥ .ce. nStructbg a ho~ a!'d. garage that is t~o cl0s0.;~e~;ro~.'d too. large in s[ze~ On aJpiece of property tl~at'i's. {~,o. small poses a thre~! ~;theilBillberry Creek wetlands. W.~th an nadoquaLe seiba~k d~anbe ~rom the house an~ garage and would rely on a ~ blal d ng code variance er d~sr0~ssal. The proposed pr~fi~e~ ~vas the former Iocabon ol; thD tt~e 18~h Century homes gf~'..,~: Overton and Mrs. S~mmo~,. The h~s[onc property rl,e~ss~a~es an archaoolo,g[qal survey to documon!, and~ ~bs~e the historic artffa.cts t~r,e~}gho~L,'t:~e property. "Callrfig,!i~. ~'.~ overal. I ~nd abso ute stop to d... ,;'::1',~",::"-7i74 r.,";-r.:,.?l;,iY~L ~-, ;.,. ". ';-:i':,ughtful, controlled a":l '" .::1 i~.:::" i'::'~:"."'"~ ':.r; :::,,~: :,'; .,:1., needed to prevent h'::' .!.:," ..~.i:: ;:": ,an ~'::,.',;,,:,:' ':.., .?"~.;nt, which has plagued n',F.l' , I~';~'lb' '.1 ,I .;;"tl ,,,; %"..".. "..':..urr;:"..r.~!?' '.,.: r,.." !"" ..:' ~ 'e opposed to this c.";".",.'l.~;'.i,;n'!y.;."".'ll.a!: '.h .r . ":'.r-;;;.. :-! density and negative impacts U~it~, ~.to ~he history Ackedy Pond Lane homes an~l: ~-~m~.~..~.h~. B/e expect our Town Trustees to uphold the healfl'i, ~e ~"~J~n and best interests of this Southold community." I'd liKe.~o present that to you (handing). Now, I ask the Bfoafd of Trustees to reserve the r dec s on until the State .~r%vironmental Quality Review form is fil~ed out 19 Board of Trustees Jtme 24, 2004 and reviewed by the Department of Environmental Conservation. TRUSTEE KRUPSKh Thank you. Is there any other comment? All right, t'd just like to go over again, we won't reopen this public hearing until all the conditions of the application are met so we can have all the information laid out in front of'us. And I'm going to ask our attorney to review this historical information as it relates to our function as Trustees. MR. LAUBE:. Okay, I'rn sorry, but I also have another pamphlbt. The pamphlet was done on Southold's historical archa~eQlogy, the Biilber~ swamp site and it's published (handling). TRUSTEE KRUPSKh Thank you. MR. JO,HNSTON: Al, can I make a comment? Mr. Krupski asked me to review, your materials in light of their function here. Can I ask you for the next meeting to take a look at 97-12B, and it's the, purpose of what the Tidal Wetland Law is doin~so that you: cart help us hone in your suggestions on to whe~ our purpose and where those things tie together, okay. As opposed to just dumping all the data. If you tie into ourwhat our mission is with some of your things, it might I~e helpful to us. In case you miss it. MS. TETRAULT: you car~ get a copy of that at the Trustees office. MR. JOHNSTON: You can have my copy. TRUSTEE KRUPSKh If there's no other comment, I'll make a motion to table the hearing. TRUSTEE FOSTER: Second. TRUSTEE KRUPSKI: Afl in favor? ALL AYES. 6. East End Land Use Corp. on behalf of SANDFORD BERNHARDT requests a Wetland Permit to construct a single-family dwelling and deck. Located: 4340 Ole Jule Lane, Mattituck. SCTM 122-4-30. TRUSTEE KING: Is there anyone here to comment on this application? MS. OSMOND: Good afternoon, Sandra Osmond, East End Land Use, 241 County Road 39 for the applicant. This is the first time before your Board, very nice to meet you. I will have a few submissions that I want to give to the Board. I'll just go over them first, then give them to you. Just a little bit of history on this property. In 1976 this property was the subject of an unmerging, so to speak, from the Zoning Board of Appeals. Apparently for 20 Board of Trustees Jtme 24, 2004 some time the Wilsbergs have owned several properties in that area and the property was held in common ownership from 1955 until 1983. At that time, that's when they came before the Board, this was recognized and the Board did provide them a variance to subdivide the property. I will give you a copy of that variance. In addition, what I'd like to give to you is a single and separate title search that we had done that shows that this property has been single and separate since May, ~1983. The applica~0t] before ye[J, our understanding is the relief that we're seeking:is very minimal. I'm sure you're all familiar with, the property. It's on what's· shown as a canal and on a poffion.of ~mes Creek. The application that we have before you. bfis*!cal y conforms to a I pf v0ur requirements ureter yo:ur..'~,/etlands cedes ex~:for a 15 foot section of area that extends into and that sUpp, e.rts a b~.~.~,~[~:[b.~the wa..ter, and..that's s~mply the reliefil~t.~e'r*e:~ ~or, a portion of thee property that's 15 fe`.et~in le, F!~.,~ our cOnstruction, 7~. feet -- our cons~u~tien-- ~o::~ed to the 100. foot wetlanc~s. Wh~t. weii.l~?e~one,---~ we have procured approvals from :the, Uie~v ¥Or,~ ~:~C. A few concerns that they had there, wh eh we a.~reb'~jth and 'm sure ~1. grto concerns I I'1 I ' 'h ,' that you wou d ' a,~ e i~)r ~ een tlro~er~tiilt3~ 100 Percent pervious driv.e.lya¥, ~,~g[~e have d6ne, hnd~also tO provide for a 50 f0~)t i~n~. "~: buffer zone, ~'h~ch we also have · . , ~. ! .... ~ ~, . . done. What I ba~¢l~e~-~,~,re up~lated s0rveys that show that these things are~r~l~sed. As the ~oard' k~n~;s, any conoition like that is something that ~s~o ,.b~.,prpF,,:le,:l in the form of a covenant and file~l wire ~he,S~,ol~ .~ounb clerk's off~ce which Is what we wil~ be doin,.~.i'n',cOnnecl,on with the New York State DEC application. Additionally, we have made our application to the Suffolk County H.ealt~ Degartment and have received tentative approvpl. ~o Io spe~k;, because they are obviously waiting for ~our appro~ ~s U~fore [hey can go forward with this application. When: I started this application, which was a really long time ago, there was a moratorium. First there was a Suffolk County Water Authority moratorium and then when I wasn't Iool~ing, you placed one on here too, but what we did at that time we got a letter from the Suffolk County Water Authority, if you want copies I will supply them, but they did give us correspondence, November 14, 2002, that says, "Pursuant to our request, the Suffolk County Water Authority 21 Board of Trustees _ June 24, 2004 has approved your application for public water to the above-referenced tax map parcel connection to our distribution system will be done in conjunction with the rules and regulat!ons of the authority and not before all fees have been paid." Standard. Just to show that we have done that, we will be receiving our approvals from the Suffolk County Health services. Our septic system is located in excess of 100 feet from any wetlands, so we eert~iinly meet your requirements in that regard. I'don't know if there's, any need to belabor the application, it is there. What I'I .provid~.foi-you some phqtographs of-the site, I provided you the bla~k and white, and that was the staki[~g that.~...as'¢one. El. ut-we'll just give, you the site co~r~ditions tha~,.q,h.,~/~h~it;~'re really, ce..rtainlyr b'y-the water; wl-~ch. [s:g~'i'.Cg ~b' b~ a 50 foot nofld ~sturbance buffer anyway. The,re's:~re~ll,yno vegetation t'-.ncat we havethere. This basi' ,c~ally ¢oni:ledels our representg:tion f:¥Ou have any que&t~ons~ well. be happy to ~a~Swer'those. TRUSTEE ~AIG: /~re there any o~ commen!.s on this? I looked atthis~ P~etty s-_'Cai~lhtforward. L~hought twas a very simple;iappli~atio~i. I"~1 like to see ~ry wblls for the roof rmnoff,. I~ like to see those in~igd on the survey, o~er, t,h,a~at, I~i~l,'t have a ~[;&blem on it. 'FRU~TE}E~k~PSI~.j' ltd ke to I~[bhthe nondistu~banee,:z,b~e, I'd:l~ke to indicate tlta.t as no nd [stur~,ba ,nc, e[/~u.ff..z, one. ~RU,~T..~E~ ,~.'~3. Right now ~t s just sand. MS. OS~ W~uld you require -- and again, it reaq) woulcln"t'~.~ se'ras,'2:, -. mat if we add that to our ce,. eh, ant'for the~, ;.'w 'f(~r~ Slale DEC t~ cover that term, I jusl don"t wanI, te in.cumb'er me properzy with a separate co,enar,[ to co~rlLbasi~,~li~i ~h6 same requirement so wou d ,,ou ,~,e a concern ~[ m,;.%w~s nc uded~ r,n the covenant we .. J ' .~.11 . .. hie on Del-fal~, bi flh~:New York utate DEC,?. TRIJ,STE~E RB, uP fi, i ,t ;s or snot? Ms. OS'Nlfi).~,~L~' If ir,is. We would, we're going to meet ~,,(:ur -- ~u5,[ |0 nohDe reglunO~n[ n covenants T,,RUSTffE NSUPSKI: That's fine. Normally on a waler~ront lot, ~ ~e~clisturbance buffer is a natural area Ihat's goilng to beJ!,efl ~o f,iter out any activity or any se,:hments or an~,gutri6nls entering the Waterway. In this case, t e.lo~'$ been..,mpactecl completel~already and I just wanl Io rr, 3ke su~';~' tnstl~onturf is added in there so it Qo~sn i' ~','~-ntuallyI Cf~p OUI. r,,1S OSiN'IO~fD- W~'ll inchoate that on the survey so that w II sCA s~fy y~Cl!r cotr~ern. 22 Board of Trustees June 24, 2004 TRUSTEE KING: If there's no other questions, I'll make a motion to close the hearing. TRUSTEE FOSTER: Second. TRUSTEE KING: All in favor?. ALL AYES. TRUSTEE KING: I'll make a motion to approve the application with additional dry wells for roof runoff. TRUSTEE FOSTER: Second that. TRUSTEE KING: All in favor?. ALL AYES. 9. ANTHONY GRAZIANO requests a Wetland Permit to renovate and construct an addition to the existing dweilifig. Located: 915 lakesfde Drive Nod'h. Southold, SCTM 904,Sand.6. TRUSTEE POLiWODA: Is there anyone who would like to comment on this ,a~plication? MR. GRA~ANQ: AnthOny Graziano, the homeowner, basically I'm here to answer any questions, if you have them. TRUSTEE KRUPSKI: Ba~ibaliY as of tonight the clock's ticking on the. permit. It'S §0od lo, two years with two one-~ear ex]:ens~onls. All We need is the surveyor to draw in the dp/Wells on,the plan? ~omet~mes people wait for two years,and soFt, times the block is ticking on this permit now. MS. GRAZlANQ: I can guarantee you will not be waiting nearly that iong,~ TRUS~TEE KRUPSKI: The only comment that I had is that you need ~o i'nelude,on your plans dry wells and gutters, dust like our last application. MR. GRAZlAN0: I was listening to what went on before me. T~RU~i-~E K~U',pSKI: That's the only ~omment I have. TRUSTEE P©L[WODA: GAG made the inspection also and they didn't sti~ui~t~ ~nything. They approved it. Any other comr~ent,~onttt'iis application? Does the Board have any other ¢omm~n~s'? ff not, I'll make a motion to close the public hearing. TRUSTEE DICKERSON: Second. TRUSTEE POLIWODA: All in favor?. ALL AYES. ~RUST~E POLIWODA: I'll make a motion to approve the Wetland Permit of,Anthony Graziano with the stipulation that dry wells.an@:,,gutters be added to the plan. TRUSTEE DICKERSON: Second. TRUSTEE POLIWODA: All in favor?. ALL AYES. TRUSTEI~ KRUPSKI: Let'the surveyor draw them in and bring them ~o Eauren and you'll get the permit. 11: Costello Marine Contracting Corp. on behalf of CHARLOTTE MULLEN requests a Wetland Permit to construct a 4' 23 Board of Trustees June 24, 2004 by 35' level dock leading to a 32" by 12' ramp and ending with a 6' by 20' floating dock, secured by three one pile dolphins. Located: 1775 Mill Creek Drive, Southold. SCTM 51-6-33. TRUSTEE DICKERSON: Is there anyone here who would like to speak to this application? MR. COSTELLO: Yes, my name is John Costello, I'm with Costello Marine and we are the agents for Charlotte Mullen and her husband. I'd like to explain the project in its entirety. First of all, Mr. and Mrs. Mullen have been rec. idents, of Southolci.. Theyenjoy Southo!d. They have children and grandchildren. They live on Long Creek. They have lived there seve[~l ~ears, we try to minimize that. AntigONe tried to minimize the dock to make it the minimum in order to reach the depth of water and the requirements of the other agone es We have receiVrd~ theA~rm~t COrps permit the Dbp~ttm,~[lt of'Sta~ permit, and the'DEC permit last May, a yea,r agp fro~ thfs'l~t :l~ay. What the ~'oCk d'Or~%FsfS of, there s an existing stairway to the be. abh~ th ~e~/'~_ is wetlands, we are only going 35 feet f'rom [be edg(~:}]: {he stairway, the inshore edge of the Stairv~ay. ~/e.l~.~,a' 12 foot ramp, not a long ramp, we'r~;oh'ly t~.'~ to ~ih~i~e the whole structure. Several discuss ons*.o~'h the ~u I~L~S were whether they would mini~nize'the;~ck' le.'..~, tt~an that. The only trot~ble is neit)er one.'a~:¢~goin§t~tp [let any younger. It is 4 foot wide, 35 fodt'loipg, a,~2,"by 12' ramp witha 26' by20' float. As yo:u. el, I knO~.,ba.t Long Creek, you're not going to have a big bo '~, yo?i~.C~Otrgoing to have a live 8board boat,, but yoL~r;ta~. (~ab enjoy the Waterfront 8f Southold. ¥¢uc~c0ul~~j~-oy.., clamming, you can e, njoy every aspect of th~ &~viror .~at in Long Creek and hc~pefully this Board, and'11~l atter~I ~.laflswer any queffiions in regard to the design o~ dr ar the structures. TRUSTEE DiI~/~ER~,~ ell Thank you. iS there anybody else who would like t9, ¢P~hJqf ,or against this application? CAC recommendi~f,CJ~saB~[~ova~ of~he application because the docking facil~,~.e~; ~e one-third width of the creek and shouldC~in li~lq~[tl~ tlhe neighboring docks. MR. COSTI~.IL~J~. ,: ~'~.t was the recommendation? TRUSTEE ,~]:~lkC:l~.'N CAC recommends disapproval of the apphcabon ,be~C~-~e ,docking factl~ty exceeds he one-third w¢c~o¢ t~e~re~e~< and shoul~l be in line with the neighb0rin~ .~ks, MR. COST~'~L~O'.'. Iit ,does not even come close to one-third of the width o¢,~fl~creek at that location. Would you like to 24 Board of Trustees J~me 24, 2004 see photographs? TRUSTEE DICKERSON: No, I see photographs. And I see you also measured the eastern neighbor's dock, and we also did that while we were out on inspection, we were only a foot off, and I think it was the feeling of the Board that it be shortened, if I'm not mistaken. Ramp, floating dock the same, 5ut we wanted to shorten the 35 feet to 20 feet to; am I correct? MR. COSTELLO: You do not reach the depth of water required by the DEC. It is certainly not anywhere near one-third of th.e distance across. TRUSTEE DiCKERSON: I don't think we're arguing that. TREIST. EE KR.UPSKh No, unless it's a different third, I don't knoX~,,which'thii'd (hat is. MR. C.,OiSTELLO; As you know that shoreline -- TRUS:[E.E. KRLIPSKI.' We don't understand that anymore than you do, w~e. donfe with~the one-third part. MR; C~TBLLOr- The ~horeiine, I'm just telling you, it's an irreg-U, la, r'shofefi'ne and this dock is ne further offshore than ,th? a. djoi ,n~, g neighbors. TR ,IJ'Sq[EE DICkER'SON: you even have in your folder that you have that,the [~eighboring dock was 24 feet, complete. So wha[~w~f~e say'Bg' sbr ng that 35 feet back to 20 feet. T.'RU'~%EE ~.~KI: Won't the DEC allow a seasonal float in two; ~,¢~-hal~,e.'::t'{)f-,~ater? M~ 801~'Tl~' ~,h~ Y.. may. We have the approvals. The only tr. oU,.'bJ~!i,s,~)n I~ 3~ 1~, six:foot or seven foot of t s abcv~¢ ,the b[¢l~t~vat~,:mark so that it joins an existing s',tair, r~, ,a~. '~R-M,$..,~:EE KRURSKI: We understand that. -¢R.:'I2J,~{EF P©L WODA:' We wa ked t out We figured if we breB~.,,h.{ ~['ba~,k from 35 feet to 20 feet on the fixed, bro~J§~n.~ the; ~h01e faeilit, y in 15 feet, you st have two ah.dF~ f}'~ilf fe~.t, ar~d 4-feet on the end of the dock. So you s~iil :nheit;the 41 f:qqt rule on a port on of the dock, the flpat, aad yoU. ha¢ twa and-a-half feet on the front of the dlOck wb. lch is~re¢u a(y approved by the DEC. 'I!RLI~S~E.E ~t;I,P'SK!¢ We're not after -- we're trying to mintirh)z,e:th~e f~t~uctqre and still let the applicant have a float. -[,_ltlat's not the issue. MR. COSTEbbG~ One of the things is, one of the applicants is present, So.,~h;at would be a decision I -- 'FRU',~'CEE DI~K.,E~DN: Is there anybody else who would like to speak? MR. C, OSTELLO: I11 ask the applicant. I tried to design it as a minimum, but I:, can understand the Board wanting the 25 Board of Trustees June 24, 2004 least possible. TRUSTEE KRUPSKh Is there an option of turning the float sideways so it wouldn't stick out that far? That would give you ten feet. MR. COSTELLO: Yes, it certainly would. I could suggest by turning it, you know, you want to elevate it over the wetlands area, as you well know. We tried to do that. There is some healthy wetlands, there's a little high marsh, and we tried to avoid both of those. But, by putting the dock, in an L,Shape, we would have to..go get an amendment to the CE¢, as [on'g as -- TRUSTEE POLIWODA: I think we explored that out in the field. W~ d~c~de~t 20 feet on the fixed would be most suitable.to, the nelgbborhood in comparison to the other docks, th6dPck.across the creek. This one will still exceed {,h.o',sb ot_~.er ones around the sqrmunding creek. MR. C~E~.., LO; What about lengthening the ramp, that is the other a}ter, n~ive,. As you can see, I minimized the length of the ra~rnp ~o 17 feet. As you can see4n the photographs, the adl~in~g.r~e[gl~bor's ramp is cOnsiderab y onger than that. l.~,Id'n(~t, wa~ito add t. hat weight onto the float, but that's -- TRUSTEE KRUPSKI: You mean shortening the dock and leogthening the ramp? MR. COS-iTELLO: Turning the dock and lengthening the ramp. dqn't w~nt:the DEC'to complicate. TRUSTEE KRUPSKh In regard to water depth? MR. COS-iTELLO: Right. TRUSTEE KRUPSKh I don't think that's an issue with us, right?. I thihk I'min~lined to give him as small a structure p~ossible and yet allow the DEC to approve a float. TRUSTEE POLIW. O;DA: They'll approve it, you have two and-a-half:feet of w,ater. TRUSTEE!,KRUPSKI: I think if we approve something shorter and the DEC says. ~o, there's not sufficient water depth, I don't heve¢ problem making it a little longer so that the DEC will a~)provb the float. MR. COSI,~ELLO: Let me make this suggestion to the Board and hopefully lcan satisfy the other agencies too, I'm always in that positron. We'll minimize the dock back to the 20 feet, I'11. go';to, a li.6 foot ramp so that we can get out the additional ,4 feet and: put the float there and by minimizing the structu~'e, the permanent structure will be minimized. TRUSTEE~ KRUPSKI: Sure. TRUSTEE!rPOLCNOt)A: Sure. TRUSYEB:;D. ICt~ERSON: That's okay with everybody? And if 26 Board of Trustees June 24, 2004 there is no one else in the audience who would like to speak, I'll make that motion to close the hearing. TRUSTEE POL. IWODA: Second. TRUSTEE DICKERSON: All in favor?. ALL AYES. TRUSTEE DICKERSON: I'll make a motion to approve the Wetlands Permit for Charlotte Mullen to construct a 4' by 20' dock leading to a 32" by 16' ramp and ending with a 6' by 20' floating dock, secured by three one-pile dolphins, all six,inch pilings. Do I have a second? TRUSTEE FORSTER: Second. TRUSTEE Di6KERSON: All in favor?. ALL AYES 12. Patricia C. Moore on behalf of MARK SAPORITA AND CHR[ST.OPHER'B~ODERICK requests a Wetland permit to construct a 4' by 22' dock,.3~by I5' ramp and 6' by 20' tloat, create a wood chip path ~nd parking area, and construct a gazebo. L0cate~ "Cedar Point Drive West, Southold. SCTM 90-1-1. TRUSTEE KING: Is there anyone here to comment on this application? MS. MOORE: i'm here on behalf of the applicants and here to answe[ any questions. This is a very straightforward appliCation. Standard size float and structure. If you want to hearthe sordid history about this property, I have it ali h~re, anti I'd be happy to share it with you. TRUSTEE KRUPSKh I guess. MS. MOORE: You want to hear about it? Okay. This property had at one time in the '80s a building envelope to build th'e property, and the Effline family, the prior owners of this .property had bought the property, and during that time the'regulations changed and the DEC refused to reissue a permit. We started a process of getting a variance and potentially we were going to end up in litigat, ion. The DEC, u t mate y came to a resolution where this property would i~e limited to just recreational purpe, ses, be it a dock, So what we agreed to do, and actu,ally the 0. e.'nt agreed, was to place covenants and restribtipns on: this ¢roperty and limit the use to recreation. Thi~!aciua[ly worked out very well for Mr. Saporita and M',r. Broderick because they live in the community r ght ne~t door, right across the street from this property. An¢ as it ~tumed o'ut, everyone was happy because Mr. Bffline sold tl~e iproper[y to Broderick and Saporita and they pb,v ous[~ k!~eC¢ the conditions of the permit that this was limited to detcki So here we are with a dock proposal, and we: have aDE'~ permit that was granted to us on April 13, 27 Board of Trustees June 24, 2004 2004. And this application conforms with the DEC permit. So this was a good alternative to a takings case. TRUSTEE KING: Are there any other comments? MR. DEFAY: Good evening, my name is Doug De.Fay. I had more of a question, and it deals with more in lines of what's capable. The Angel Shores subdivision is maybe 140 homes. West Lake is only about 18 single-family residents, what is to stop. the Angel Shores Association from perhaps acquiring one of the next lots or even this one, and executing a boat launchs'ituation where on Tuesdays this party oan use it and on,Wed,nesd'ays~this party of -- and, w, e have a much higher density:th~in you all: had in mind: it was just a q~estibn. MS. MOORE: Very' g°ad~.quest, ion because Ih~ve n° idea because. [ never looked irr[o it. TRUS'~EE KRUPSKI.: I think me lot would be limited to a structur, e similar to thi~, such ~tsa single,family resi~d.e~;e. MS., ;M .(~RE: The cqde speaks to the maximum number of dock sli. pS,,;ex.c]usive of the owners. So given those parameters ~l~a,cly~,in the code, in this instance we have two families that .b'o,ught'the propei'ty together and are shar ng the dock IV[R, 0DE,~AY: I have n9 Problem w~th ~nd~wduals using the site .as owners but Whe0. you have potent a of an a.ss~iation acq.Uii-in, g ~l~e site and making a deeded access to na~kO Ang,el Sh°.~es r/~ boat ,accessible, which could con~i~b!y haffpen.' TRLI$~ ~1~ KRUP,'SKI: But they would be limited to the size of the s!rucl;ure, yoU'd ,he limited to one maybe two boats there, Jtlsl becaus.,e.'a~n association owned it, that wouldn't necesS~ril~ give {hem'anY rights to put in a si p for ~nyone. I~would be gYm,ted to what ~s apphed for here. I~1S. !r~vlO.ORE: It ha,S~¢othing to do with this application by tlne w~ay, it'.S :theor.~t~ca, MR..DEFAY: It's.tr~li~ut it's a Constant as there's nothing build~bl'e.,left. We're~,df~aling with nonconforming wetlands lots, ,~nd' I'm not ih ~o.,ur position to determine whether or n,t t§ey Should be c~aared or not for such recreational uses, it's your de~i~i0n. But my concern is, if it's a small single-fardii~/~.'.i~dential environment and you are surround..ed by a ~5D,~ingie-family residences, it just makes sense that: if I ow~e~,,.t, his site, I could sell it to the associatlon. I'mj~s~t thying to find out the question. MS MOORE- I'~nt,lthinktheres a eneral rule · ' 'PIS"~'~K g ' TRUS-FEE KRU I: Thanks for the scare, but there also would be a limited clearing on it. They've got a path which we're going to ]et them :ustc, of course an access path, but the 28 Board of Trustees June 24, 2004 clearing would be limited to 50 foot buffer, there would be very limited clearing done on this lot. Yes, an association could buy this. I would assume that their use would be very limited. I think you're referring to the parcel -- M.R. DEFAY: All three, there are two contiguous sites unity of title could be performed, and you could have potentially a boat launch 15ark. I don't mean to be scary, but I'm just saying, I don't knowwhat could be done and maybe you people would have' a better idea than me. Ail ~ can do ask the question. A number of my neighbors have articc lated the sarnekind of question to rn'e. MS. M(~0RE: '.1 think as ',a zbning issue, you're dealing with private, dOck ve~.s, us ma..r,~g. So there is some control with rosCect'to 7_onir!g' as to' h~W rrrany people and at what point does a private dock become a marina. I think as a general cgncern, I think'there are..mulLiple avenues of control, n this instance, ~ have. twp property owners, and that's not tho case. I thih,'k you're .djbing to bo dealipg with petenlially other Situation§ like this. However, I think they're goin, g't0....be oma (;age by case basis, and I think the Trustees hax/o.:adequCte,.re'sourcos end,the Zoning Code has adequaLe t'.esoa~rces to cgr~rol it. MR. DEF/~.Y: I d,0a'l .~:va.r)~to appear that neighbors would have a concern wi.th ~.he 'pr. bseia~e el a gazebo on the edge or a x.;.::.::: ! r, ,~..1 ...... ~ . ..~. .,'tain~ ts betterthan a house. I.'i,;. ) :r~',~': .':m:' .';"ut ~o~I do we make the decision here to -- ea~se~al[~t s left ~ the area are nonconforming wetla~d's. 10t~, j~t .a question. MS. -~Eq~R~A_~[~: Al;' Could you make that a narrower dock, three,~eet? TRU0---FE-E.,KRU?SKI: I had a note here to ask if the applicant would~' ac~6pt a ~hree foot wide dock? MS. i~DO,,RE: You'have two families with young children, and the 6..by ~ iff ycur standard dock. TRU~;F .~.};KP,-U~SKI: NOtthe float, I mean the dock. MS I~OOJ?,E Thecatwak. tsaready3 by15 TRU T, ?JF SK : That's the ramp, the catwaik itself. MS. ~O~E: The ca'twall~, t's 4 feet TRUI~ .Ij[P,.%KI.: I ~nean, the ramp's 3 feet, why not make the catwalll¢, Son~orm to that? MS. ~O®~,E: [think ir'smote stable for a parent and child to walk oi~, 3! f,e~t I'think act0ally is quite narrow and difficult:tq) man .duver as it is. TRUS.:'I-E'~ I~IO~W~)DA: I was on the Mattituck Park Distdct dock today. They~ha~/e two feet wide and no handrails. That's 29 June 24, 2004 Board of Trustees the whole Mattituck Park District, plenty. TRUSTEE KRUPSKI: Yes, Artie. TRUSTEE FOSTER: I think the catwalk the way it's constructed is much more stable than the ramp. If the ramp was 3 feet, ought to be able to have a catwalk 3 feet. TRUSTEE KRUPSKI: Peggy? TRUSTEE DICKERSON: I don't have a problem with the proposed application. TRUSTEE KRUPSKh Jim? TRUSTEE KING: I don't have a problem either. -[RUSTEE FOSTER: Leave it as-is. TRUSTEE DICK.ERSON: ~.We did have a note. TRUSTEE KR'U. psKI: There was. There was fill being put on the path~,.we den't want to: see anymore fill being put down there. MS. MOORE: Bywhom? Did you guys put anything on the path? i~.R. ,SAPORITA: I ti)ink there was grass put on there from some, body's lawn to try to I(eep ticks off kids. TRUSTEE KRUPSKI: Grass won't help keep ticks off kids, for the record. We're approving a 4 foot wide path. I'm sure you [rlave ticks there, you have ticks everywhere. I~P,. SAPORITA: That was sod cut up from somebody's lawn. TRU~q~E KRUPSI41: Are you the applicant? MR. SAPORITA: I'm Mark Saporita. Chris Broderick couldn't be h6re tonight. I just Wartted to reassure my neighbor. It's really, for two families, .and it's just access for the ICids to use the. water. We;have a small 18 foot motor boat that's already on .a permitted mooring, pulley system. It's just going to make it easier for u¢ to use the water with our children. [guess eventually we~d like to do some sort of thi.ng., SPAT program with the kids, make a positive use out of it. TRUSTEE KRUPSKh We're going to limit the path and no more clearing. And.we wouldn't allow any clearing within the 50 feet of the wetland edge. Any other comments? TRUSTEE KING;: Any other comments? I make a motion to close the h,earing. TRUS-rEE DICKERSON: Second. TRUS-ir. EE KING: All in favor? ALL AYES TRU.~'f'EE KING: For the record, CAC recommended approval as l, submitted and I would do the same. I make a motion to appr,eve as submitted. TRUSTEE FOSTER: Second. TRUSTEE KING: All in favor? ALL AYES. 13. Patricia Moore on behalf of LISA EDSON requests a 30 Board of TrUstees June 24, 2004 Wetland Permit to construct a single-family dwelling on piles, swimming pool, pervious driveway, sanitary system with concrete retaining wall, 450 cubic yards of fill, dry wells, a 50 foot nondisturbance buffer, and connection to public waterand utilities. Located: 9326 Main Bayview Road. Southold. SCTM # 87-5-25. TRUSTEE KRUPSKh Is there anyone who would like to speak in favor of the application? MS. MOORE: I've been calling the person who's going to clear it for three weeks now. I'm trying to get them out there. TRUSTEE KRUPSKI; You have two more weeks. MS,. MOORE: I've used every guilt-trip possible and I'm hoping that they'll go out there in the next couple days, For your inforrnati0n; because I know Mary Kirsch put on the record that she,.was,.80 feet from the wetlands, I think she misremembers,.because the permits that she got from this Board; ~he~s 80 feet[from one set of wetlands, but there's a seconal set of wetlands that s~he is 51 feet. So we actually, when we cams in Wi~ this application, it was a further setbackltha~! ihe nei'g:hbor wt~o was very vocal last time. She was acta y'much (;!~ser to the wet ands and got permits from tt~iS' Board. S~f0r. your file when you're out,there. TR'US'¥~E I~,UPS~h ~/e"re going to inspect it first, thank you. MR. JOHNSTON: AJ, maybe before you go out again maybe Pat could call you when ~they do clear it as opposed to going out there again and have it not cleared. MS. MOORE~ I called to assure them not to go out because it hadn't been cJeared. I don't want to waste your time. TRUSTEE KRUPSK]: Thank you. We would have known right away. MS. MOORE: I will put in my calendar for your field inspection, July 14th and keep that date in mind. TRUSTEE KRUPSK]: Make a motion to table the application. TRUSTEE POLIWODA: Second. TRUSTEE KRUPSKI: All in favor?. ALL AYES 14. J.M.O. Environmental Consulting on behalf of PETER RUTTURA requests a Wetland Permit to construct 4' by 4' steps leading to a 4' by 40' fixed dock constructed 4 foot above grade of existing marsh 3' by 16' ramp 6' by 20' float and two moodng pilings. Located: 835 Waterview Drive, Southold. SOTM 78-7-12. TRUSTEE FOSTER: Is there anyone here to speak on behalf of this application? 31 Board of Trustees June 9_4, 2004 MR. JUST: Glenn Just to answer any questions the Board or any concerns the CAC may have. TRUSTEE FOSTER: We all looked at this, does anybody have any comments? MR. JUST: I think there were concerns regarding the restoration of the buffer areas to the new homeowner. The homeowner there has been mowing right down to the edge of the high marsh', and I think there's a comment about the length of the pier itself that Lauren had told me about when I called at the end of the week. TR'USTE.E KRUPSKI: .Yes, both of these. In order to keep the pier line C°nsi~tent, the tota[ structure should be 40 feet l.t~ng. And"then I don't .k.n~)w if anyone has a suggestion as to what,distan.ce, w,e want to see the wetlands revegetated. MR. JUST: i;think the pl~.ns indicate there's at least -- I think I ha. d 12 or i3 feet o~high marsh landward of the edge of the ,b~g!,there, at a minimum. TRUS~T'F_.E K~,. UP~'KI: That would be fine. TRUS~TF:E. PO!2I;,W~DA iS that regarding the two mooring piles for the §O~t? MR. JU~TF: No. They. want two offset mooring piles as to the length. Tl~e[-e was a comment putting it back to 40 feet, the structuEe. We could do that if we turn, flip the float aroun~:t ~.o..e~her an "L" or a "T". TRJJSTEE[ KI~UPSKh Why do they need the two tie-off piles? MR. JU-~T: To:be honest, that wasn't explained to me. If you Io,el~ at the plans, that 40 foot line was about the end oft~e seaward eqd of the ramp. If l flip that float around,, we co.~ld achieve the minimum depths required by all the othe;r age. n¢ies an~l;h~¥e two and-a-half feet of water on the other enC[ Of the float. TRUSTEE K~UpSKI: Fine with me. Ken? TRIUST,E ;E PO]LFCCODA: Our goal was to bring it in seven feet. MR. JUST: That woul,d: brng t in 17 feet. TR,USTFE.' POtLI,WODA: As far as the moodng piles, I don't bellieve it,s acceptable on those. MR. JUST: I get to,be honest with you, when I was here this spring, fhere Wa'sn't'much left to that creek after this winter. TRUSTEE POt_I,WODA: Great area for crabbing. The more structures you p,ut out there, the more people. TRUSTEE FOSTER: Make a motion to close the hearing. TRUSTEE DIC~ERSON: Second. TRUSTEE FOSTER All in favor?. ALL AYES. TRUSTEE FOSTER: Make a motion to approve the application of Peter Ruttura wi~h a condition that the float is turned and 32 Board Of Trustees June 24, 2004 stop the mowing, stay back 20 feet and only mow a path down to the dock. TRUSTEE POLIWODA: And withdraw the two mooring piles. TRUSTEE FOSTER: And not install the two mooring piles requested. Do I have a second? TRUSTEE DICKERSON: Second. TRUSTEE FOSTER: All in favor?. ALL AYES TRUSTEE FOSTER: So carried. 15. J.M.O. Environmental Consulting on behalf of YVETTE LANG EINCZIG requests a Wetland Permit to reconstruct implace plus/minus 128' of smooth-faced timber bulkhead Navy-style and to backfill'strtiCture with five cubic yards clean?sancl to be tm~;ked ir~ from an upland source. Located: 3055 Wells RoadJ-Soufho[d. SCTM # 70-4-11 TRUSTEE POL[WO.DA: Would you like to comment? MR; 3US~F; I`m her¢{o answer any questions. TRU'S'FIE~ PQL!'W .O,D'A: I met Mr. and Mrs.. Einczig on the site tod. Ky. I{-l~oked:'l~e: ~t was already done. It was a brand new bulk~ad~ faj~l'~' new. MR. JU'.~': Qn ~[['r~er end, where the steps are, there's a big section f~at's sho~ g..nd on the opposite end was a big bow. TRUST!CE POLIV~O. DA: ~tl~re the bow is is what theywant to recon.struct. I thirlk I mea~hre,d 25 feet p!us there was three feet that jog~lbd out. Ahd they said they wanted to remove ~hat ai[ogehher. They wantt° go Straight across the 251'fe~t .arald so.mg~w pul! ~that bulkhead up and out and remove the s~'nd ~hat.~ ~' · ' . . . !n.~ront of fhe bulkhead. MR. ,JUBT: Tl~at'~¢~o! the discussion that I had when I was on the site. TRUST.E. E POLIWODA: I was trying to match up what they were saying wlfh what was on the plans, and it didn't match up. But that% their intention, to go straight and remove that jog. MR. JUST: When I initially met with applicant and the contractor, it was in-kind/in-place. I mean to take that bow out and put it out in the original line. TRUSTEE POLIWODA: Take the bow out? MR. JUST: Right. Make it a straight line. TRUSTEE POLIWQDA: Only going to reconstruct approximately 25'feet, not 128. Is the whole property 1287 MR. JUST: Yes. I put in for the whole thing in case, sometimes people ~1o in and all of a sudden there will be rotten sheathing and instead of coming back, and this way they can'do as much as they want or as much as they can afford, whatever the~ case may be. 33 Board of Trustees June 24, 2004 TRUSTEE POLIWODA: Explain to them we're changing from timber to go with the vinyl. They explained they wanted to continue that 25 feet with timber and try to blend it in. MR, JUST: It's not allowed anymore. TRUSTEE POLIWODA: I tried to explain. MR. JUST: I'll further explain it. TRUSTEE POLIWODA: Does the Board have any comment? Ken, should we grant the permit with vinyl? TRUSTEE KING: Glen, whatis Navy bulkhead? MR_ JUST: Poles and the. whalers are out in front. That's the thing.with this one. It's smooth-faced now. When they reCor~st[uct it ~he~it wa~t {o,,put the poles on the outside. TRUS~I-EE KINGs Mo:~t'o'{~h~ bulkheads we look at are cons[rleret[ Navy?. MR, J,U~: Ye.s. And the other are considered smooth-faced. T.F~LIS~F,'E. il~ POLiWQDA: No other comments on this application? If np'~ ['il 'make ~:'motion to close the public hearing. -Ii,'R[J:STE~ E;~TiER: ,Second. ,T'R!JS~I'~E F;O[iWODA. All in' favor?. ALL AYES, TRU,S,TEE POLIWOOA: ['~11 make a motion to approve the Wetland F~trrt[t br~ b'C,~ai~,ef~vette. Lang Einczig to reconstruct ip-place F, lu~s-" :~"12~ f=2et'of smooth-faced timber bulkhead Nay5 style and r~av be reD~aced Witha vinyl or C-lock m~ ena and 5~eckfll structure w~th fi~e cubic yards of c~ean ~r'~l. ~p,"lt, bave.a second? 'FRUS~EE DI~EJ~'SON: Second. T)RbI,S~ lb~,[.~o, DA: ~!1 i,n favor?. ALL AYES. 7RUSI~ P'~I.~O,'DA: ~th the stipulation that there be a 10 fDo'[ ~dn~b~r. I:d~n~t'speak to her about that it (tidBr[,htt me ~e~use we ~tere only looking for a small piece but: f tke~l e%,~ go for fflb whole permit, we'll put it dpwn ~it:fi a l~¢~otmelhturf buffer ~n there. 16: Land Use Ecological Services, Inc. on behalf of SKUNK LANE TRUST C'/O BRADLEY AND MARY KRAUSE requests a Wetland Permit to construct a 4' by 34' fixed timber catwalk, 3' by 18' ramp and a 6' by 20' float. Located: 9105 Skunk Lane, Cutchogue, SCTM ~04-3-18.1. TRUSTEE DIQKERSON: Is there anyone here to speak on behalf of this application? MS. CANTARA: Kelly Cantara for Land Use Ecological Services on behalf of aFpiicants. TRUSTEE DI~KERSON: We still can't find any stakes. MS. CANTA~ I have to apologize. I put it out there. I don't know wha;t haCpened. I'll put them up high. TRUSTEE KRUPSKI: We looked at it a week ago. Somebody 34 Board of Trustees June 24, 2004 might have pulled them out. MS. CANTARA: I don't know what happened. I'll make sure they're in well for next time. I hope somebody doesn't remove it. TRUSTEE KRUPSKI: I think somebody pulled it out. MS. CANTARA: I'll make sure it's in really well for next time. TRUSTEE DICKERSON: You also mentioned that the enclosed site plans have been revised to show a 52' by 3' catwalk, so you want that changed? MS. CANTARA: Yes, we now have -- it's not a catwalk, ramp apd float anymore; it's a catwalk with a ladder and the tie-offipiles that we had done for the adjoining property. TRUSTrEE PQLIWODA: In the field have you mea, sured across the total width? MS. CANTARA: We did. I'll make sure that it's on. When I stake it, I'11' send you something and have everything going a(~ros'.s a,s well. TRUSTEE POLIWODA: You have to keep in mind our one-third rule. TRUSTEE DICKERSON: Anyone else in the audience who would lik.,e to speak for or against? Any Board comments? TRUSTEE DICKERSON: We'll see your stakes next week. I make a motion to dose the hearing. TR, USTE.E FOSTER: Second. TRUSTEE DICKERSON: All in favor?. ALL AYES. T~hJS~TE~E DICKERSON: Make a motion to table this application. TRUSTEE FOSTER: Second. TI~USTF___~E DICKERSON: All in favor?. ALL AYES. 17. Land Use Ecological Services, Inc. on behalf of JOHN HURTADO, SR., requests a Wetland Permit to construct a 4' by 53' plus/minus CCA timber beach access stairs with an 8' by 6'platform and a 4' by4' platform. Located: 19625 Soundview Avenue, Southold. SCTM 51-1-22.2 MS. CANTARA: Hi, Kelly Cantara for Land Use Ecological Service. TRUSTEE POLIWODA: I see it's already been built. TRUSTEE KRUPSKI: How does it look? TRUSTEE POLIWODA: Looks spanking new. But when I looked at the survey, it didn't look like the survey. TRUSTEE POLIWODA: What's our policy on the bluff with a deck or platform? TRUSTEE KRUPSKI: 4' by 8'? TRUSTEE POLIWODA: I found they created a platform that was 6' by 12' and they added a bench on it. 35 Board of Trustees June 24, 2004 MS. CANTARA: What do you know about that? TRUSTEE KRUPSKI: Are you sure it's the right one? TRUSTEE POLIWODA: I was up there today. TRUSTEE FOSTER: There were several. MS. CANTARA: And there was one that was approved last month. TRUSTEE FOSTER: Hurtado's got two houses next to each other up there, and they're both re-done. TRUSTEE POLIWODA: Is there a vacant lot next to this one? TRUSTEE FOSTER: Look on the survey. Should tell you if the lot next door is vacant. TRUSTEE KR.UPSKh Is there a home on the site? MS, CANTARA: To be honest, this one isn't mine, I don't know. They just said;.- [hey wanted .to do stairs. It will be easy go ahea.d. TRUST~ PO,LIWODA: I looked at this, Al, it says existing dwelting ! wa~:;~ying it off this, and this was vacant here, if;[hat-'.s ~a.t~tA,ey're go ng to bu d, that'~ f ne Just change,~cra~-to;a 4' l;)y 8' instead of a 6' by 8'. Any other peblibcornrhO]ats? Any other BoaCd comments? If not I'll rr~ake a morion.to c.[ose the public hearing. Tf~uS~?_ F:O'STER: Seeond. TP4J~ P~IWODA: All in favor?. ALL AYES. TRU~ PO~!.'W,O, DA: Make the motion to approve the Wetland P~rnit (J~..~'e~.~l~ of:~JOhn Hurtado, Sr to construct a 4' by 53' CCA,-~'n~,b~'.r,'be.&~;h access stairs with an 8' by 4' platform arcd a 4~"b~' ~' ~atfo~'m. Located: 19625 Soundview Avenue, S uth0! TRUST~_ DICKER, SON: Second. TI~,.US-i~ POLIWODA: All in favor?. ALL AYES. 18. Land Use Ecological Services, Inc., on behalf of MATINE, !NC. requests a Wetland Permit to construct a 4' by 145' plus/minus CCAtimber beach access stairs, with an 8' by 6' pl:atform. Located: 590 North View Drive, Orient. SCTM 13-1-5.1. TRUS'FFE FOSTER: Did you stake this out? MO. CAN,TARA: You're going to hate me, but -- TRUSTEE. FOSTER: It's okay, you couldn't get to it anyway. I know where this is because I helped fill this gigantic hole for the septic system, but it's totally vegetated. We can't get d~gw~ there. It's thick. Actually you can't see down the. blu~. TRUSrI'BE. KRUPSKI: Do you have a problem with the stairs? TRUST~ FQSTER: No. It's cut and dried. You might have a problem ~ith the size of the platform 8' by 6'; what do you 36 Board of Trustees June 24, 2004 want it to be, 6' by 4'? TRUSTEE KRUPSKh No, 8' by 4' because 8 gives them a midstation. TRUSTEE FOSTER: I assume you're talking about the top? TRUS'~EE KRUPSKI: Midstation. It's still it's a walkway at that point and not an -- 8' by 4'. TRUSTEE FOSTER: Anybody like to speak in favor of the application? Against? TRUSTEE FOSTER: Take the microphone. MR..RYA.,'LL: My name is Bill Ryall, R-Y-A-L-L, and I live in..B¢own's Hills, Which isthe neighborhood that this lot is [ocatetl'in, which is, a. prix~ate subdivision, it's been argur~d for about 5(~ years. We owmand maintain our own r, oads, th~e. W~..alsb own our own stair to the beach below BrowrYs Hills, right he, lo~thisproperty, and we own the prol~.eyty under'that s~airs too. And forS0 years these staifs.hav~e be:en~s~ b,¥ everyone up th.'e, re wh ch s now ab0~21 hous~ [ .~iieve. Wb shAre'the expense. My job, I ~rn. Called.the "Be~ach Comm~issiener," I o~ga.r~ize the beach clean'-u p every y~ear;,.and i alS(~ s~e that thee.'. ~airs. are prbpefiy ,ma ntajne~. This place ofiproPe,~ 1hat you're dealiing~J]th, ..,. . ., ,..= c' ;;,:"'as!y~[~o~hatwe hear~ so:far, ',~; o.::!': .:,.:! ' ::, m,::,, :, ~ 'l;.:'l; "~.~ ~'~ ~y from these communAtS,tairs which eYe?Y:One q~ On'itl)is beautiful, beautiful' l)luff p!.e...~e.@f P~gPm[Y, an, almos~ ~nspo~ed beach from [t~e :Bottomi~ ~hicl~ :yqu~ can hardly'see any.houSes, maybeo,FCeotn., ,:.,~r,,.|r.,~. ~,,1~,:. .,... .,.. ~ ,, remarkabl~, ~_- ... t.,/ i; "'"': ~n,':. i ' ' ' a "'.' .11,; ........... I,,,,~. ~ ...... II ..... that poin[ of ti~e. X::.;;:.:',..." · th~s m. igl~:ev¢:n :';.,:;:;:~n .:,' ';' .dl ~,'-' .... .... ~ ?, ..';~r,.'.:?.,l:i .,,,'" .;uilt " .,, ,' .,,', 1,50 ~eet awa,~ ;: -;I i:a', I ,, '" ~1~;: ::',,~: d~:. ,.., .. "'..'.re, waJki)ng h~r dog,.~a~the S~g~ Whi~ I~as ~;p~),eared on this vacant ,piece of~r~, pbrty. I; thi~l~ you §~pa.'i~ understand that that piece of prop..erty ~as be,e~ ir3~;redibly cOn~entious~and l)een a very bad, ~ad experio.n¢~ for that ~nei~hb°rh°e~l Up ~re. If you were to -- I don~ Kn~w that you fbllow what. the ZBA did on that -- but. the pr,~:p~lrty was, ~f you were to:.leok at the zoning egulat~ as wel~ as~the environ~enta setback regulat orts, tha~ !et ~s n.ot just unbuildable,: but the butldabie lot wo~ld be a, n, egative space. There was not one squar,e foot on tb~t ~t te build anything on, '~f you were to follow the law as~n 'the bo(~ks, not, just the zoning, but the environmental la,~s too. To say thati~is4s a buildable lot was an extreme 37 Board of Trustees June 24, 2004 exaggeration to begin with. It is a ravine. There is erosion there, and you should go and take a look at it, not just on that lot, but on lots adjoining it and lots two or three lots away. The lot has been owned by the same person for many, many years, who is now an elderly lady. And the whole issue is now particularly contentious in the neighborhood because for 30 years she has been telling her neighbors that this is her bird sanctuary and we need not worry because it's an unbuildab!e lot anyway. Well, or~ April 24ththe ZBA finally gave permission for a house to ~be built,: which.after them had been three hearings and fhis~thing had. bb~en, going on for about a year and-a-half starting, with the B'¢'ild~i~g D'~p~artment rejecting the perrnit because there'wa~ n0'build~a~fle area on that et. At each. stage, th)~ySla.rted Out by.,p.roposing a house whioh r. ea y. w,o~d ha¢e, bgen equiva grit.to putt ng an elephant inside, a bird' ~a, ge then.we (/harad.e bf"eac--~,tel~' al.OB~ the way of?~0~re c0~"ce~ons, more concessions, m.oro conce'~sio;~s, 'fine, therriselves on thc ~aok~f~,r What ~ve hASte manage~ ~ accomplish here, q~hicb ~is; '[n~t:acg givi~. ~rrn[sCjO.~t-~ rdl the tot, build .ht~g~e retaiOit~j wglls, c~ ke an aircraft car~ier .top, ~',e, re ~ ~d';the~' ploP!a~houSe in the middle of.~t ~n.~il~ov.e, gO~A~kong;i~nd SOund. 1~ really:is to~,a~ ou~rl ~as in my ?~gio.n and~ there are many', m~ ..~n~,y, .p.e~ pl,e ~ ~e d¢i~,.~r)rhOOd Who felt the same way .a~. o:ut, it ~r~d ~1~ il~e at,.,l~e Z~,~¢aring:i The reason there are orll},fol.~r ~u~,[~ .~r~2 ten,hi :,~'b~'c:auSe orlly four of us ~:now about it. :~r,out~,,at.,s nappe~/ng here. And I rea[y I'h,nk }.au sr~out~d l~a~.e the state go ,n and take a very dose look a~: this ,ad,~")o:u~heuld ~1,o yoursel.e$ It really shoulcl not I:,e audit i.',p.~or~ /'~d. ,n feel, what ..au would be approv;n9 anti p..r~b~b.'l?.0on'r rea0ze that ~ou would be approv,n9 ,s a s/a~,r",ll-,at's, r. ur~rngiparallel to one 150 feet away. wh,r.h is. n, oll j~,st ac~es'siu~e to wl~oe,,.er it is who buys this house [rom .tr~e ~e~el~er who's go.:,r,g to make the money from oomg lfhi~:, b?. ~i[], ,~4a,¢t. be pam:,y, e,,enlually owneo t~ lhe.per¢o~.,~ho~ov~ne I[~,s properv,.. He ~ili be an owner C,f the j'oinl,st~rs a~ng w,11~ au the re.~t of Us. TRUSTEE KRUP~SI"~I: Th!an~, you, lor br,ngmg Ihat to our altent,on Der, arise n~rmal~ w.nen ,.,ou 9o Lo Ihe field inspe,:.t,onl ctn .lhe ,-~c/~ndl ,[,~r access ?.la,rs. ,.,'ou see other stairs. ~nd you r6511,.'-~-.'.~ljl}'n6 th3} [r,e)'r6 not ~t', ~ilable to the applicant. MR. RYA;L.L: Ri,gt~t. This one is not on[y available. We encourage everyone to use it. 38 Board of Trustees June 24, 2004 TRUSTEE FOSTER: You have covenants and restrictions? TRUSTEE KRUPSKh That guarantee the use? MR. RYALL: Definitely. We have an association which is, in fact, the legal owner of that stair. We own the road that they have to use to get there. We maintain all this. The Town of Southold doesn't even maintain the roads. We pay that expense ourselves. TRUSTEE FOSTER: Do the C and Rs restrict individual owners from having their own set of stairs? MR. RYALL: No. We don't get into that detail. This is not about someone actuallY~applying for use of stairs because they need-a st.air, becau.~e they want a stair. This is an application from a. developer so he can maximize the profit, and:itJs really about mon.ey, and i('s. about nothing else at all, and the: price to be'l~'.gid w 1 be paid: by th,e oommUn ty that exists there: 'b5r the em4r0nmcnt and realy by the,Town of Southc~ld 2i' losing a.firlle b~l more or tr~e na'[ural beauty o~ fhf. si~pi~t. TRUSTE.F, FQ~.'['E:R: This application before us is only requesti,n_g~ a~ S..~igfstairs~ and that's really all we can act on. We re'no~.C,~,~;iBuilding Department: MR. RYA~,' L:. ~.,ifs not e Building Department issue. TRUe;TEE F'O~R: Ir~ere's going to be a building permit denied there,, {~e~*hat's a different department, but apparently· sb~rmits have been issued, already because they dug ~],d~e~'~??e 't~ere!for a septic system, and there has to be (Jeiji-mitS'in place by the County Health Department to ~[~i,§~Ch' ,thin'gs M'R. RYALL: T.~,e. ,~/~dii:t approve it as a construction, as a buildable s;ite i~.~e,~nd ;~heydid. But as we all know, that's, alm.q.sl: a~er Of course because the Town does not want t© bCihol~? fbridenying the use of the property. TRUST'EE FO~'I~: 'W.e cari't say it's an unbuildable lot. That's no1~ our p~gion. MR. RYALL: I.~.~ ~ot talk about whether the lot is buildable or no.t l'~,just saying that building these stairs ~s totally ¢,-d, rl absolt~tely unnecessary. These people, whoever they er~, ,u.b being who own this house, have the right to use the stair~.~b;at n fact they own part of 150 feet away from them... TRUSTEE PQL;~ODA: Thank you, very helpful. TRUSTEE KR,U.~tSKh Do you have a permit for the association's stairs? MR. RYALL: They're existing. There was a permit when these were built. They have been rebuilt in the last two years. TRUSTEE KRUPSKI; Since 1991 we require permits on the Board of Trustees June 24, 2004 Sound. MR. RYALL: Right. TRUSTEE POLIWODA: It would be nice to give Marine Incorporated a copy of the existing stairs. MR. MORGAN: Tom Morgan from Brown's Hills as well. I caner really add much to Bill's eloquence but the stairs haye been there since 1640. TRUSTEE KRUPSKh Before our jurisdiction. MR. MORGAN: But to answer your question about the stakes. The stakes are in two bundles. They're with a bunch of hay bales. So there aren,~t any' stakes. And it is accessible for you to take a lo~a.k at. Alongthe margin of the bluff that has been cleare~you could easilywalk down there and tal(e a look. TI~UST~ FOSTER: From where? MR. MORGAN: At the Site. You said it was heavily ve~g:etate~d, it was, but it isn'~ any more. TCtu~Tb-'F_ FOSTER: t snt? M~. M'O;RG~: No. I C~n walk my dog, the dog runs along the deer.:trail.'...¢. Y.ob oan see where it is. The point is, there wa~.ma~be 6~,, 95 feet, I'fn not sure, the stair application is ~)r sor~e pla:ce bet we! don't know where because the stakes ' '' · . a[~en t iQ.place. There are some places that are be~br th-an oth~rs. TB, Lis~¢E FCgTER_' There were no stakes. I couldn't see any stakes. M,R.';MORGAN: If you drive by there now they're in bundles dghf~by t~he edge of the road. Someone dropped them there, toda¥-I think. TI~, USTEE FOSTER: I wasn't there. M~.'MQRGAN: The point is, neither were the stakes. I'm just corn~nenting on your initial question and I entirely concur w;~h what Bill said. There's only one lot that doesn't have a:house along the bluff on it, that's this one. Thank ~Ou. ME;. MORGAN: Hello. Mary Foster Morgan. I live in Brown's Hillls as Well, and I just wanted to add my two cents that I doh't thi.~k we need another set of stairs there 150 feet away from another set of stairs when all 20 houses happily use the .one set of stairs. The sad thing to me is that this is a deve;Ioper who is coming in to develop this lot. It isn't,,like.it's somebody who loves the property and loves the association and wants to be par[ of it. We don't know who thei.f, inal owner's going to be. It's just a developer makin:g ,~oney, and so they, want to put the stairs in just to ad:d anot. h'er couple hundred thousand dollars to the final 40 Board of Trustees Jtme 24, 2004 price of the property they're going to sell, when that person who's going to buy it has stairs one house a away. There are 18 other houses where this communal stairway is farther away from them than this house will be. It doesn't make any sense. Why ruin the bluff, which is a ravine anyway, why add more stress to this bluff, to add another stairway. That's the.way I feel about it. TRUSTEE KRUPSKI: Thankyou. MR. BERGDOLL: ~Barry Bergdoll, B-E-R-G-D-O-L-L, resident from Brown's Hills. There is not much to add, which is that I th~nk it behooves you to go,look at it and perhaps have the state leo.~ at-it as, well because it is a fragile cliff. To the e,xten~ that the, atsSgc~afior~, which was formed in the late !,F4Os,:o~i~'al[y ba,d.-¢reatedltwo pathways that were for two po~tentla~l ata.~rs to the bea,¢h The one was on the other side ofthe:~?~p~r~y.~n gU,,e...st~n origiffally and was moved bei:ause.of1~r~dlem~o[ e~°~pn in the ravine that begin at the ,jfe of this I~[¢pe..rty. So there's actually historical removal of th~ ~tair from the a~ea where tllis cliff begilns to bm.ak up ,a~'fl ha;vl~ on,t0 go tb the I~bttom ~ cliff to see theres,ex~st!ng~ros~on nght be ,ow th s pml~e~'y SO. aside from the fa~t that it simply being;p:uffm s, .pec~.!atively wi .~is property mo.~ at~ra, cIiv. e Q~ someone, ' not want it at the exp~riS~o['f~e desires o[ 20,` already use;,th~ b'bacti a~d are hap stair ~n the v~e.w, ~;t.'~e'ems.~[~ ~to .also there,s abscllu~e hls~cmca] .ew~ ecolo~cal SJ.,~.ti~n, T'hai;s alii wou d TRUSTEE F-~)'.~EE. Thank you. A~er comments? I'll make a motion to tal~lelth,.e hearing. T~EE ~!'~SiD1~.,~ Second. TF~USTEE ~-'~: "A~Fin fa. vor? ALL AYES TRUSTE~ F.'..~'"~E~: So't:a.rried.' ' TP~.ST'EE ~',.~.~I: W~'II look at it next month. TRUSTEE ~'E~ O.~i~he 14th. 20. L~nd Use Ecological Services, Inc. on behalf of J.L.H. ASS'OCIATES,"iNC. rec[u~sts a Wetland Permit to construct a single-family dwelling with attached garage, open pomh, pervious drive a,~d sanitary system. Located: 315 Albacore Drive, SouthOId. SCTM 56-7-14. TRUSTEE K~U'PSKh We went to this site and were unable to get into the ~jte it's so heavily vegetated. If a path could be cut:!n~o, I would say to the back corner from the road'to on~ Of the.back cerners of the house; would that be 4l Board of Trustees June 24, 2004 enough? Create a 4 foot wide path to either corner, whichever one's easier for them to physically access. Would you like to comment on that?. If there is anyone here who would like to comment on that, the hearing's open. Would you like to make any comment on that? MS. CANTARA: No. TRUSTEE KRUPSKI: I'll make a motion to table the hearing. TRUS, TEE.FQSTER: Second. TRUSTEE KRUPSKh All in favor? ALL AYES. 20. Land Use Ecological Services on behalf of JOSEPH LOGiU~31CE requ~ests a Wetland Permit to construct a 4' by 1.08' fixed timber:catwalk with a boat lift. The catwalk is proposed to. be el,eyated .a minimum of 4 feet above average high water an~ will ~filize four 4'by 4' piles wi~h a depth ot'penet.,rafi~o.n.' .o~['6 foot and 26 6!' diameter timber piles with a depthof Pe~?'atiofl of 10 feet. The beat lift is Propb~.e.d. t~o b'e an!"Al~rrr-a-Vator" utilizing eight 10" d,[amet-~ p'ile~ih' 'a de'~tt¥, o[: l~e!rat!~ n ~f 1,i0! fe~t, Located: 1,0995, lXl'orth Bawiew ~i 8Outh~id: SCT~: # 79-5~G2~i3 -~RUS~EE,K~KI: This is a site we couldn't access the C ;NTAi¢ : (7 'av. lrR'U~EE "KRU~S.KI: So Ihe public hearing,s open, if anyone wou,d:~? to cc, mb,~n~ or, ;, but we don't-- MS. C:~NTA ..RA: ,~o, .s Ihe new code include boat lifts? TRUS~,TEB.KB~. P,~K, ~ The new code does not inc ude boat lifts. MS. C'AN ~ ~,,A: Ri.gm.. They had submitted ~t w~th a hft and I guess since, yeu d'~n t obl~ct right away they f gured they w0u~d,see w~at tl~e~j coula 0o. We should revise the plans so s~e aL~oul get't. ;:ri.g? ~-otf pihngs off the catwa k. I-RUS,'rEE KR,I[I[:/'8~(I: I[ Ihey'd like to revise the pans, that's f?. ,lus[ have. t~e¢ subm,~ it before the field inspection. I1~ maF,,e a mo~on to~.lable ine application. 'TRUSaTEE KIlN,G: I:~1 second. 'TRUS~EE KROO,S~I: AI~ ,n favor?. ALL AYES. 21. Catherine Messiano on behalf of MARY ZUPA requests a Wetland permit'to maintenance dredge approximately 190 cubic yards of shoaled material from the mouth of Canal at Paradise Point t,o maintain 4 foot below mean Iow water at maximum 1 on.2 slope. The dredge activity is proposed to be conducted hydi:au, libally. P ace dredged materials along plus/minus 10lglf'c~ot, of shore ne of property owned by Mary Zupa for beach['~e-no.urishment. Containment of excess dredge 42 Board of Trustees June 24, 2004 material in plus/minus 75 foot Geotube placed at the toe of westedy section of bulkhead for temporary bulkhead fortification. Located: 580 Basin Road, Southold. SCTM # 79-7-6:3 TRUSTEE KRUPSKI: Is there anyone who would like to speak in favor of the application? MS. MESSIANO: Catherine Messiano on behalf of the applicant. We are here because you granted an extension or tabled ~the matter so that the objectant's attorney would have time to review the application· So until something else is sai,d, I really have nothing else to say. TRLIS~T'F_E KRUPSKI: Thank you. Would anybody else like to speak on tills apphcat~on? MR. ANGEL: Stephen Angel, Esseks, Hefter and Angel, 108 East Main. Street, Riverhead, New York, on behalf of Paradise Poin,tA~sLo;ciation, Inc. We wentthrough the file. We Io0Re. d thin,ugh the fi'e tbs morning, and as you probably recal!, one of the other lawyers from my office was here last Week, Arat,hony'~C. sea, and he couldn't come tonight so he briefed me or~ fhe ap;~ cat on and 'm here be eve that he in:.dicated to. me th;at one of the concerns that you addressed a~.a Board was you were not interested in granting an a~plicati.on to d[edge. ~l[fferent than the other permits that;§a~ a ready be'eg~ ~hed and we be eve that the p an subrrlitt~d, by.the'al..3p~[c~tnit at: the last meeting show an area to be~dr~ed~e, FI.' tft~,wffgl;d include a. port,on of the land owned by th,e I~ara,d]se P0int'A{socila~ien~ Own;~ of record bY the Paradise Point Assoc~t!o'n, WhiCh s tee land Within the basin. And as you.pr~b~ly .know, the'Paradise Point Ass0~iation hasn~;o~.sen~ed to the application made by Mary Zu@a. and acf, ually ep,,~o:~e..s it. And under your newly adopted reg;ul~tions yc~u need~e~h cons~n~ n notarzed form and an aff~awt of md,emm¢ from the ~,wner o~ the property involyed. The p;latts i,~s~ don!t ~ndicat, e the area of demarcation between tl~e ow, nership of the Paradise Point Asso~lation andi the ~ I g~esS -- the state, because the inted~ basin Js owned. ~/¢'tecord:, as I said, by the pata~se Poinl As.So tioh It s ownersh!p would, terminate at se~e point prob{tl~!~at'apparent mean highI water, which is a rei~iveiy dif~ficQIt'i:~(C,',Oa..t, ion in th,is case, but n our brief.research i~ w(zuld!~b~, we believe, wh'ere the headlands mee¢ and it woUtd intersect a I,~ortion of the ama that was dredged. '~hat be ng said, I would reiterate what I believe Mr. Pesca mentioned beforehand in oppositio~ of the 43 Board of Trustees June 24, 2004 application, as you know we already have permits to dredge which are good from 2005 from the DEC, until 2010 from this Board and the Army Corps. One of the grounds in opposition is that there is no need for the application, so you're having essentially being asked to answer a hypothetical question. The dredging has already been done for this season pursuant to the: permit, that's been acknowledged by the applicant and also is reflected on the applicant's plans, l've. raised the ownership issue just now. I personally think it's sort of inappropriate to have a couple of permits or po[erttially a bunch Of permits to allow the same sort Qf US~.'_.~r the same sort of perm tted activity of dredging. I looked at:thee, tax.map and I counted nine lots on the bas n. ',tl~ihl~[hei-e ,.re six separate ownerships on the ba's~n at, Parade;se P~t creat,~ng' a..s~, ua~on where you could= theor~tic~ y..~.ave~s~ to n.i~e pe.:~n t~.f~r the pd~ticu, ar aCt'~[ty ~hd s~rhe~ s,o~ of ra~fo~ d~ed~e spo'l e,~e~ periodic dredge cycle. ~h~ ~j~'~id;, I dont th~nk have anytlning,.J~d~e'toi;sa~'. IfyoLr.hffiZb any questions, I m here. TRUSTEE KRUPSKI: I do have a question, you say theoretically Paradise Point Property Owners Association clain~, to own part of the proposed dreEIging? Could you please show me? Could you indicate,~hat on the plan that's submitted? MR. ANGEL: Is that the one that was submitted at the last hearing? TF~USTEE KRUPSKI: May 26th, yes. Just curious. MR. ANGEL: The mean high water comes over here (marking). I don't know where it would go to. It's somewhere over here. TRUSTEE KRUPSKI: If you look at the shoreline that's sort of artificial. Who would Paradise Point claims owns the land here? MR. ANGEL: The state. TRUSTEE KRUPSKI: And the Town Trustees own the basin? MR. ANGEL: No. TRUSTEE KRUPSKI: By virtue of the Colonial patent. MR. ANGEL: In fact, from what I can tell, in part based upon documents that are produced by Mr. Zupa and some of the other disputes that have been going on in the community, there are two claims to ownership or two potential claims to ownership. One is the Paradise Point Association, Inc. that has a deed to the property, and it also has been paying taxes on the property and the Town acknowledges by accepting the taxes that we're the owners and treats it that way. The 44 Board of Trustees June 24, 2004 other claim is not the Trustees, it's the state. Apparently, the basin does appear on some state maps as state owned bottom lands. I have not seen any records of the Trustees' ownership. And it's possible, you see, from what -- can I digress a little on this issue? TRUSTEE KRUPSKh Sure. MR. ANGEL: When we. looked at the old area maps, and I've spoken to. some of the people who have lived in the community their wholb lives, bec.ause those are some of the issues we've been dealing with, this basin was barely open tothe bay at.some point in history. I think one of the people Who grew up there said tha!,you,,ceuld jump across whatever stream trickled-aCross ~!lere when he was a kid, until the F~radise Poifrt'~oci~tJqri dredged the channel for a boat basin, and then .C~ns;trgcted; a dock. I. think that was done in ti're '60s, but.~t COulO.h.ave beer¢ d~n~'r!ier~ So; pOsSible, and f believe :he, way it~g l:.r,e,:a~d until,oW that it b,ec-,am¢ a~.', ~s~e,;..tlial~t,hal, was t~jat~d as an' nonaavfgab[b polttfc~n c~ ~nd, like an interior freshwater pond. TRUSTEE KRUPSKI: In which case the Trustees would have ownership, such: as Maratooka Lake or Great Pond. MR. ANGEL: Maybe it was a small pond because it, was owned by the individual!owners. The title was'owned. TRUSTEE KRUPS'KI: I just wanted to see where this line was. MR. ANGEL: I de.,ri't know where the line is exactly. TRUSTEE KRUPSKI: I didn't understand where, but I have a rough idea. MR. ANGEL: We haven't set the line. The line would be probebly at apparent high water because you lose your ownership at high wa,:er as we enter into the bay. We tried to do research actually, we couldn't find cases, Tony Pasca did.the research, but there are some discussions and treatises, and traditionally when you have a river or an inlet flowing into a larger body of water, the demarcation line [or ownership would be the line between the headlands. Now, the problem here is where are the headlands becaluse you have the jetty. The demarcation is the jetty. TRUOTEE KRUPSKI..' And the jetty ha~;¢hanged the shoreline. MR. ANGEL: Correct. It's a difficult iss[l.e.but,it raises a probl'em with your regulations and I'm r~ising t.hat type of problem. MS. MESSlANO: May I see this line? TRUSTEE FOSTER: When was that jetty put up? It might have been done when Reese developed that property. I can tell you as a kid in the '50s I water skied from the bay into 45 Board of Trustees June 24, 2004 that round circle and out again. MS. MESSIANO: We gave you a map, Al, you might recall. The Zupa's gave you a map that was certified, federally certified that showed that as being an open body of water in the 1850s. Therefore indicating that it was the Andros patent lands. TRUSTEE KRUPSKI: [ do have one question. The application it says how much material will be excavated 190 yards; how much material will be filled, 100 yards. What happens to the othgr 90'~ MS; ME;,%SIANO: Where do you see that, Al? TRUS~E KRUPSKh On the second page of the application. MS:~ M~S.'SfANO Last month I gave you an addendum that furt.hbr, deffned ne proposed act vity, an.d I believe what I ga,e you -- ' [ read it to you, "M~aintenance dredging of approximately 190 cubic,yards of shoaled material from the mdath el the'C~nal ht Pa~aciise'Po nt to mait~tain minus 4 feet mean.lo-water at a maximum of 1 on 2 slope. The dred,g~ ~cti~ty is proPosed~e be 'conducted hydrau ca y Place,m,ent of approxlma~e~]y-~5.0,.,cub-~c yards of,dredge material along;a~bOfa×ima, tely 100 f..e, et ofsh.oreline,above mean high water310~p¥~i~er~ own. ed by,Mary Zupa. Dredged material to be use~fer;beach renour, ishmeht containment of excessdredge materja~ n a temporary upland ,drying site. All prep:°S~d actiyi~.as si)own on the attached plan prepared by Sea Level MaP¢'i~l. D~ated 4/23704." TRUg~E KRUPSKI: ~anA you We have that, but still what haC)p~n.~.~tO the 90 yards? MS. ~91~NO: ~ell, I talk about 50. TR~j.J~F_ KI~LJPSKI: You talked about 50. But what happened to the 9~ MS'. I~:SSIANO: Containment of excess dredge material in the temp~mlry up[and drying site. ']~?,~E KRUPSK: I think that should be a little clearer. MS. ME,SSlANO: It's your permit to write, if you want to ma(ke~.~ math more specific. TRUdgE KRUPSKh I realize that. I just wondered because you m~0tioned the 50 on the beach. MS. M;~SSlANO: We can certainly quantify that because we have a high water mark, we have a bulkhead mark, and since the 19;0~ubic yards is an approximation given the contours of the ~Ottom. So we know mathematically that the beach ren:ou~sfiment equates to approximately 50 cubic yards, thereb'd'leav[ng 140 cubic Y, ards give or take, but because of the contours, et cetera, I c~n't give you a specific to the yard cakJulation. So I can say we would be dredging 46 Board of Trustees June 24, 2004 approximately 190 cubic yards all things being -- TRUSTEE KRUPSKI: That's fine, 190's fine. You're still missing 90 yards of sand. MS. MESSIANO: 190 minus 50 is -- TRUSTEE KRUPSKh 140. MS. MESSlANO: 140. TRUSTEE KRUPSKI: But you don't even reference 140. MS. MESSIANO: I talk about the excess dredge material. TRUSTEE KRUPSKh I don't understand where the 100 comes in. MS. MESSIANO: You're looking at the 100 thinking the 100 feet. TRUSTEE KRUPSKh 190 excavated, only 100 filled, but you're only using 50 on the beach. MS. MESSlANO: No. Since the time this was submitted to you there was a modification because we removed the Geotube. TRUSTEE KRUPSKh Okay. But you see when I'm saying? MS. MESSIANO: Yes. Because this number is no longer accurate because the beach renourishment area. TRUSTEE KRUPSKI: What number should it be? MS. MEg~;I.Af40: Should be 50 on the beach for the beach renourish ,merit, balance to be temporary upland. TRUSTEE KRUPSK]: Yes., write it here. I just want to be able .to read it tomorrow. All right, the issue that the Board has to decide is is thi..s ac.'cep.table; and the applicant had asked last month that .they~ant,ed'to make sure that this project had been dredged to their s~,',isfaction so they wanted a permit, even though there'¢ one, already issued. So the Board has to decidle !s.t. hat ¢c¢.~p, table; and then the Association, the fellow, re'@rese~..tit~g :the Association said that the danger of that is ha~ing :..t~ve p~rmits issued, three, four, 10, multiple perrr~Bs issued; (~ that anyone at any time a month later could:.corce [n.:and..dredge this and take the sand The permit or pe~ts,~if issued:i~¢uld have to be written as such to say that the. d~[edg!ng· c,o.g,,, d',en y occur once dur ng the calendar year, and we ,w,.O. ull~,have to set a date saying ,January 1 st, it could o'rily be 'dre,d¢?d once after January 1st in that calendar~year. $9 ~,Ou'd only get one shot at it. You could cmiy d'~edge in~ Ja~ieary and somebody couldn't come in December and d~¢~Je it again, I believe that was the a~pl!car?s ar¢um~e~t They wanted t dredged to the r satisfaction. MS. ~ESSIANO: T, hey wanted it dredged, but it wasn't just the dted~ging 5pera~.ion that was at issue, it was the beach renoudshment beca'Sse I think it has been~ acknowledged by 47 Board of Trustees June 24, 2004 this Board that the beach is suffering because of the extent of those jetties. So we're not talking about should the jetties be there, should they be longer, shorter; it's just that there is dredge spoil that will be garnered from this activity and rather than have it trucked to an upland site, it's preferable to contain it within the same system, and the beach reno. urishment is something that is necessary. TRUSTEE KRUPSKh Clarification, the proposed spoil site is that acceptable to the DEC? MS. MESSIANO: That is in to them. TRUSTEE: KRU'PSKI.: In the past years the Association wanted the sp. oil here~ wl~ich..was acceptable to this Board but the DEC would neverali'ew the spoils here. Keep it in the system~in~s[ead of caffd'ng ~ away. That's what the Board has to decide. Would, the applicant be satisfied if the Association had the...,d'~,e~lg.ing pe[:mit but that the 50 yards of spoil every year had. io g'9 up on the beach? MS. ME.S~I~O: '.W~e'd:have to discuss that, but I'd like to add a ¢oul~ Of things b~ffore they get lost. Mr. An,~el' t~rou~ght in a hypothetical situation wherein you coUi~[~t~l~pretic.ai y'have nine nd v duas com ng to you for these dJ'e~ging p,ermits. There isn't another property owner on t.l~e hasin~h~ has use for dredge material, who owns a bay fron~ pieCe th~'s Cent gu;ous So th nk that althougt~ the~',e~ma¥[~e nine property owners, that's not a highly ii~e!y,sc',ena~ig~ TRUSTEE KR~PSI~I: The Association owns the bay front, right? So anyone i,ri the .A,ssociation could theoretically get the permit and put,th~l~oil on the Association bay front. MS. I~ll=$Si~t~lD ~t]ey could if the beach required renouris, hmen~. TRUSIfi,E KR&IPSl¢I: Yes. Well, that's what I'm trying to get at whether th*. applicant would be satisfied -- TRUSiEE DI'GKE~SON: Seems to be more for where the spoil goes than for dredging. MR. JOH'.NS/i-~DN: Oiving a permit to put spoil in a place, that's a;'d ffe'r~t is,s~. The idea of having multiple permits to d,r;bdge ia what you should be concentrating on, not the,.perrfiit'to put some spoils TRUS~E t~PSIg: You want io issue that permit? TRUST~E aibKE ON The cho ce s to issue it or'g ve it -- MR J[O~IN~N: ~ou have to first decide the ssue, should you havb m~ple.p, btm;its to dredge irrespective of where you put ~he s,p~hil; is!the~e a need to have a second dred in r "~ "~-'~x.'. · . g g pe m~: '~ ne~;tne second ~ssue, could be unrelated, she 48 Board of Trustees June 24, 2004 happens to be merging them, but if Mrs. Zupa could come in and say she wants a permit to put sand in this area that she wants sand. They're not asking. TRUSTEE DICKERSON: You're saying, Al, one of the choices is to see il: the Paradise Point -- MR. JOHNSTON: Peggy that's an addressing of the second issue, how to get the beach renourished. MS. MESSIANO: If I may interject? MR. J.OH'NSTON: Go ahead. MS. MESSIANO: One of the concerns of the applicant is, if irr the event the~association is not solvent enough to pay for th~ dredging project,, th, ey want to know that they can get in and orlt:.~ ~be ~- h',anne[ and access the bay as is their d~lh:t as~ a. rip~dan.0wner. MR. JO.Ift'~;STON: ~g/tz, e is the they? MS, ME~i',N~iD': ~y::a-'¢pljcant. They as a riparian owner have ~i right to. drgd~e'l:)~O, pgriy adjacent -- dredge underwater lan~lg a'djacgnt:'lo flb'~ri"property. We're not asking to dre,dge tho, basila, ~e~r,e not tackling the issue as to who owr3s tile b~in;~ we,"re Iopking at that area seaward of the hea'dland?, Mr~..Zup~..bas already suffered damage to h~s boat because D-'wa~,.s. he.~ ~d~;over and he doesn't war~t to haVe to con,telnd w~ tm.at lt~tl~eff~uture. If, in the event that the Associatier~ sh..ould no~ .~' solvent eoough to be able to shoulder I:r,e. I~u'~e.r! ofl~his type of project they, as the riparian o~n~,r,,sh ,oCli[ Iitave the opportunity to do that; tha~'s- d~ ~Y; @-~.~t~ you,ve talked a couple about putting a s~pu'la~[;oh or limitation in a permit that dredging cath b~y-occur o[gce a year. Id°n't think the zppas have a~5~b fern ~y'th that As far as th~ dredge spoils ,s cgnce~n~d, ff t~;e, re were a situation m one year where the,Z, up. as~ .'bowaSh aicely.built up, and it msn't needed, and the box jet[ies ruer, e, e-~n,.pty I'm sure ~hev wOUldn't have a pro,b:lem~vtd~h saFir{,~;,gBe, looks like that's empty, it should go there t.l~ y,e.~r. T~e's a number of scenarios and there's n(~t:l~ingqanderh,alnded, snea~ ors nister about th s application. I tlh~k pe~,ple who own~ propert~s of th~s nature have a right ~o b/e able to exffrc~s~ ceKa!n opl~ortuniti,e,s,,-a:f~,tl~i~ ~, one of them. Since hes already suffered si~¢i~:!~n~ ~cos~'as a result of t.l'ie ,Shoaling, it's only natdr~.l 'tha.'~he:W°~id, like to project himself, themsel~e~ in t~.fa.'ture. MR, JOHN~T~q,: Are you suggesting that the applicant has a rigtlt to:d re,[IgeT MS'~ ME:S. ~,N0: Absolutely. Why would they not? MR. JOHNSTON: That's what your proposal is? 49 Board of Trustees June 24, 2004 MS. MESSIANO: That's not my proposal. It's my statement. I would like to ask you why -- MR. JOHNSTON: They have a legal right to dredge? MS. MESSIANO: Yes. MR. JOHNSTON: I just wanted to make sure I heard what you said. MS. MESSIANO: Is this a trick question? MR. JOHNSTON: Yes or no, that's it. Are you suggesting that they have a dght to dredge? MS. MESSIANO: I am absolutely stating, yes, we believe that they have a. dght to dredge. MR. JOHNSTQN: Thankyou. TRUSTEE K'RUPSKI: Yes, go ahead. MR. ANGEL: Briefly, I'm on the same sort of issue. A couple of things. I want to comment on. One is this riparian right. The riparian 0ght is.for a riparian owner to have access to w~ite~.. There is no particular right to a p~rticLil,ar ~leth0~ of d.'oi'ng that. I don't think you have an ina'lienabJe righf,~o ~lredg~. You have. a right to access waters f~r n~§abi[it~;~i~ ;~hat right doesn't confl ct w th the govern,mental right on,behalf of the people to control na¥igatictn That's fhe, .ex,~ression of the riparian right; there's no parti~.u[ar rr~ht~[o do any one aspect of getting to navigability. And[wh.at we have here in this application is a mix~ng of aople,,s add oranges Now I believe when I looked at the a[~phcratio'h. The application was made on behalf oFMary Zupa rorthe vacant property a ong the bay Now wel '.m'~a'lkiog ab~ the riparian rights of a nonap.plig"ant p~cel~t~at's owned by Mr. and Mrs. Zupa that's on the ir~rior el'the basin. That rght now is benefited by the dredg,n§~h~ our cl;er, t d;,-t going out. What we have is a wi~,~b, bunch of 'ce.rme~ts ~,e,ng mixed here in support of t'qs appli.~al~on Bul! Ihe apphca~i¢,n i~or you is fora ~ac~nt ~,arcel i~here Ihere,;s actualig no need for r~a,.,gab],~ily r, ec, ause there is no use on the parcel right no,v. So ~.ou h~,e an, aD$1rac[ apphcalJen where there's an asser~iop ,of: a righl to 0r~di3e when tinat right is not al3solulO: ,l's a r g~t.tO, 9c~.esu i~,alers for navgablhty where neces~sa~ sL~b~t to the rig,h.t of public, and you guys and women are'~ell~ ~w, reiof it, 1 ~.hink you have to look at the appIcation ~ch~ ~l~y~o understand t And th nk if you Ioo~ at it, ~u~l ~ee 0aat the argumer~ts in favor of the appll oatien ~te fia~ved ' Thank you TRUSTE~ I~F~U~St{li" Arti;~, what is y~ur-- TRUST~ [©S~EFI You. know what it is. TRUSTEI~ ~J~UPSKI: There should be one permit. 50 Board of Trustees June 24, 2004 TRUSTEE FOSTER: I felt that way all along. TRUSTEE KRUPSKh If there's no other comment, I'll make a motion to close the hearing. TRUSTEE KING: So moved. TRUSTEE DICKERSON: Second. MS. MESSlANO: ~Yes, my comment is this: If you're inclined to follow Mr. Angel?s point and that we're mixing apples and oranges, then I will amend my application and do a new post~g and a mailing and I will amend the application to put it, in the name of Mary Zupa and Victor Zupa so that we now have cla~fity on the factthat we now have two property owne?s ?.xercisi,ng thbir, rights. TRUSTEE KRUI~S.K[: And if I don't follow his line of thought? MS. ~ESSI.ANO. -Rlen [..won t. TRU$~-EE .14~¢RSJ(I: [,m not making a decision based on what Mr./~rr.~ .e'l,just ,.s~ai,.'d-, not t'hat I don't agree or d sagree wth all of[t; F~c'di.d~n:~push rh~'over the edge on that ~i~. ;JbH~.S'C, 6't4~' ~be can apply again TRUS'TEE; KR~K;!: Ab'po ere y. So I have a motion and a second to.?clo, se¢l~e~hearing. ~1 in favor?. ALL AYES TBUS-T~ KR~,L~F'¢~,: BaPe~brt the fact that navigability for the inteder ba~,r~ rnh~-¢, bita~its weU d always be guaranteed if, in fact, one OL? :l~vo or any pe¢ies fail to dr(~dge the bas n ~nd anbt'h~¢ ¢~rty ~.antb'~l to pick up. that respor~sibility-', t.~.Would ~e acbompl!shed without a problem by this Boar<twi,[l'C[he issuance of an. emergency permit at any time,ddri~.4't¢~~ a'pl:,rp,~ed dredging season of the DEC FedP. ral F,.~.~, add ~/hd~e R6gu'~alic, r,s~ et Cetera, et cetera,. Ba$6d on, thai. ~ don't believe [his Board would ha,.e any problehl ~v,th [~al rq~[° Based on that, I'1 make a mollon [o d'en,~ [h,s al:,l:¢hca ,on be,.adse one, there is no mmed,afe ne6d~r, ~ s ac..t,~[y, and two, th~s can be apphed fb,r ap ,a-~. i~ Idme ;f a r, 6ee arises and the condit OhS warrant it. an~l 'ftC,lone elsC.-w~ill.!bear the respons'biJity thor, ij could b~.,.gBpl,'ed fbr,at a~yfirne. ' TRUS~'EE D,~C~I~ON,: ~6~bnd. T:~US~EE KRL~PSKI. All i.n f~or? ALL AYES. 22. Catherine Messiano, Inc., on behalf of SCHEMBRI HOMES, INC. requests a Wetland Permit to construct a 30' by 66' single-family dwelling, on-site sewage disposal system, and a pervioes drive,ray. Located: 1025 Seawood Drive, SouthOId. SCTM # 79-7-63 TRUSTEE POLIWODA: Is there anyone here who wishes to comment on this, application? MS. MESSlANO: I: have no comment because the ball is in your 5! Board of Trustees June 24, 2004 court. TRUSTEE POLIWODA: CAC recommends that the landowner withdraw the application. Is that feasible? MS. M'ESSIANO: No. Are you ready to buy the property? TRUSTEE KRUPSKh Did they really say that? TRUSTEE POLIWODA: Word for word. TRUSTEE KRUPSKI: Do we have a revegetation plan or anything? MS. MESSIANO: We have nothing because at the last meeting you '~a~lbd this so you could refer it to Mark Terry for his comments. TF~U.S.'TEE KRUPSKI: He didn't havetime. We sent him about thre~orfour files. He called me at 3:30 this afternoon W~h,some information on one of them, and he did not do an~.g on this file. I~S,. ~SlANO: Peg, a lot of the pictures that you're [o~'k~..n.~ ~are p ctures we submitted last month because the ne~g'~Dori~g properties TRU~ ~,E~D]CKERSON- remember the d scuss on TR~U;:~T,E E~KRUPSKI: Can I make a motion to tab e th s and now thatw~ ~ve~ a techhical person that works for us. ~IA[~O: 1 have a ready spoken wth her and she has :~:~contact me so we can meet and.go over this. EiKRUiRSKI:: There's a motion, is there a second? ~PtDLIWODA: Second. E KRIJ~SKI: All in favor?. ALL AYES. 23. Eh-COnsultants, Inc. on behalf of THOMAS PETROSINO requests a Wetland Permit to remove and replace in-place appro~ihiately 252 linear feet of existing timber bulkhead includ[i]g 40' and 6' returns with vinyl bulkhead and back fill with ~ipprqximate y 100 cubic yards of clean sand fill to be tru,cked, in from an upland source. Located: 900 Rogers.. ~oad .Southo d SOTM 66-2-38. TRUSTEI~ DICKERSON: Is there anybody here to speak on this application? 'Okay. I got a:n okay with a 10 foot non-tuff buffer. I"U make a motion to close the hearing. TRUSTF_E POLIWODA: Second. TRUSTE~ DICNERSON: All in favor?. ALL AYES TRUST..E~ D!CK~. RSObh Make a motion to approve the Wetland Permit'~m, remQve and rep ace 250 linear feet of existing t.'n.., ..... ~ ...... vinyl bulkhead and back fill with ,., .... t m;':i.'.. 1'.'," .~ bi{: yards of c ean sand fill and fill v.i." ". ' ';~1.'.~.:, ":.'.,'..." b~uffer. Dol have a second? '. ". :$ ': ( ',',. I .... I.~, , ...... )A; Second. II,~!,S.~: ,,,,.,,~ ~,'~ON All in favor?. ALLAYES 52 Board of Trustees June 24, 2004 24 En-Consultants on behalf of KEVIN MCGILLOWAY requests a Wetland Permit to remove and replace in-place approximately 135 linear feet of existing timber bulkhead with vinyl bulkhead and restore any disturbed adjacent marsh with spar[ina altera flora plugs 18 inch on center. Replace within 18 inches approximately 138 linear foot of existing timber bulkhead with vinyl bulkhead, and dredge a 10' by 24' area adjacent to the easterly 62 foot section to a maximum depth of three feel be!ow mean Iow water' using approximately 10 yards o,f sand spoil as:,back fill. Remove and replace existfng 4 foot wide and variable by 138; f0~t timbe.r walkways. Located: The 450 Sa ors N~ e~F~.oad, M'b:t~Ck, S~M # 144-~;30,1. -¢~:~-t'EE K .~G. :' is th.ere anybody here to comment on this? I rooked at thfg time at t~s kind of well-developed area, just about direcll¥ a~crosS tbs creek from Strong'~ Marine. And wh~,t the~,'r9 IogM,n.g at' is this area here it's almost like a i~t[e s and;tiaa' ~ead all the way around it, Walk · , ,.r ~ i. . . ,.~. "~ . . '. w.a~ l[k'~ ¢~hm th~yLwa~t~to~re.p ace th s n-place wth vin,,y,L,~nd th~s ~s~w,l~ ere~he. .... y.re go ng to do -- th s s a spar[fha, ntce,Att, l.Ci,~l.a~d*here all spar[ina along here - tn pfacc~e, and ~abg dama e they do the re o n , .. .. -. : g , , Y g g to replant t~s;.~fr~ ~i'ere' t~ev want to red ace w th n 18 inc~es.'l'd,~dr~Jha~b"-,,alpr~l~l"efi~.wth L ~ere,s ab, solutely [io;th(~).~neTe '~t~just creek. TE~JS'FEE '~,~-?".~1~, ,Arid the dredge. TPJJSTEE E(~ ~nd~dr.~dge in here. It's quite a layout. It's ;nice. · ..K,. ' ' T~$~E KRUPSA,' I: That was done way before my time. T, . ,EE K,NG . I pretty straightforward The onything I'd,~ t'O se, els ma~'be a nonturf buffer a ong here, and f th~e~ ~aB-"t'd~):~hat OCthey,don't want to, it's highly dev;',el,~ed. T ."~-~EE KRUPSK[ They have to do t They have to take the w~le~ 1~, lng, up. T .B~$TIEE KING: Another suggestion had s they may want to co!~i~ their walkway. T~EE FOSTER: Either way it's non-turf. T~';~EE KRUPSKI: They have to tear that up, so make them 8 T~STEE KING: Eight foot nonturf buffer or 4 foot walkway. TICkS']lEE KRUPSKh Is that what it is, 4 foot? T~STEE KING: Yes. T~S'flEE KRUPSKh Okay, fine. Is that a motion? TR~IST, EE KING: Yes. I'll make that a motion to close the 53 Board of Trustees June 24, 2004 hearing. TRUSTEE DICKERSON: Second. TRUSTEE KING: All in favor?. ALL AYES. TRUSTEE KING: Make motion to approve the application with a nonturf buffer 8 feet wide around the area that's going to be replaced in-place or if they so desire, they can just continue the wooden ~valkway around the perimeter of the island as long as it's pervious like sand or gravel underneath itto get some drainage. TRUe-FEE KRUPSKh Second. TRUSTEE KING: All in favor?. ALL AYES. TRUST. EE KRURSKI: Make a motion to go back to the regular meet, ing. TRU.~TEE DIOKERSON: Second. ALL AYES. VII. RESOLUTIONS-MOORING AND ANCHORAGE/STAKES: 1. 'JEFFREY AND HEATHER WORTHINGTON request an onshore/off§hqre stake offtheir own property. Located: 1025 :Long. Creek Drive, Southold. SCTM # 55-3-28 Arshamomaque Pond. TRUSTEE POLIWODA: I'll make a motion to approve an ensh~)re/offshore stake be no greater than 25 feet from the wetlands marsh friqge. TRIJ,~TE'E DIC:KERSON: Second. TRUSTEE POLiWODA: All in favor?. ALL AYES 2. ROBERT AND CHERYL SCHEIDET request an onshore/offshore stake off their own property on Goose Creek. Located: 2570 Clearview Avenue, Southold. SCTM # 70-10-29.2 TRUSTEE POLIWODA: Do you recall how far out you wanted to go? TRUSTEE KRUPSKI: No. TRUSTEE POLIWODA: 25 feet also. TRUSTEE KRUPSKh You took a walk, I didn't go. TRUSTEE POLIWODA: I'm almost certain it was 25 feet. So if it's not, come back and say 30 feet. Make a motion to approve onshore/Offshore stake no greater than 25 feet on behalf of Robert and Cheryl Scheidet; do I have a second? TRUSTEE DICKERSON: Second. TRUSTEE POLIWODA: All in favor?. ALL AYES. TRUS,TEE KRUPSKh One more thing, we have to go back to Number 12, S,~PO'RITA and BRODERICK, they applied for and were granted the dock application, but didn't they have a stake or pUlley system there also? He said there was one out there. 54 Board of TruStees June 24, 2004 TRUSTEE FOSTER: They said they presently have a boat on a mooring stake. TRUSTEE KRUPSKI: As a condition of the dock permit that mooring stake should be removed. TRUSTEE KRUPSKI: When he said it, I thought of it then he went out off on that. TRUSTEE POLIWODA: Second. TRUSTEE KRUPSKh All in favor?. ALL AYES. TRUSTEE KRUPSKI: Make a motion to adjourn the hearing. (Time ended: '~0:20 p.m.) 55