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HomeMy WebLinkAboutTB-10/07/2025 PH 1 1 TOWN OF SOUTHOLD COUNTY OF SUFFOLK : STATE OF NEW YORK 2 ------------------------------------------- X 3 TOWN BOARD 4 REGULAR MEETING 5 ------------------------------------------- X 6 7 Southold, New York 8 October 7 , 2025 4 : 30 P . M. 9 10 11 12 13 14 B E F O R E : 15 16 ALBERT KRUPSKI JR, SUPERVISOR 17 LOUISA P . EVANS, JUSTICE 18 JILL DOHERTY, COUNCILWOMAN 19 GREG DOROSKI , COUNCILMAN 20 BRIAN O . MEALY, COUNCILMAN 21 ANNE H . SMITH, COUNCILWOMAN 22 23 24 25 OCTOBER 7, 2025 REGULAR MEETING 2 1 INDEX TO TESTIMONY 2 3 Public Hearing : Page 4 Chapter 275 Wetlands & Shoreline 3-62 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 OCTOBER 7, 2025 REGULAR MEETING 3 1 PUBLIC HEARING 2 CHAPTER 275 : WETLANDS & SHORELINE 3 TOWN CLERK DENIS NONCARROW : This 4 Public Hearing considers an 5 introductory Local Law of 2025 to amend 6 Chapter 275 , Wetlands and Shoreline, by 7 one providing for additional modified 8 terms and definitions , including 9 as-built plans and impervious surface , 10 innovative septic systems , open grate 11 decking, open grate decking, and 12 ordinary and unusual maintenance . 13 Number Two, modifying the trustee 14 application procedure by eliminating 15 the Conservation Advisory Council from 16 the application review procedure . 17 Number Three, altering required 18 setbacks for pool in trustee 19 jurisdiction . Four, clarifying 20 prohibited dock locations in town 21 waterways and updating references to 22 Harbor Master from Bay Constable . 23 Legal notices for this Public Hearing 24 are published no less than 10 days 25 prior to this Public Hearing in an OCTOBER 7, 2025 REGULAR MEETING 4 1 eligible legal town newspaper . The 2 Town Clerk ' s Office has received the 3 affidavit of service from that 4 newspaper indicating that the notice 5 was properly published . The Town Clerk 6 file also includes an Affidavit of 7 Posting of the public notice of the 8 Town Clerk ' s Bulletin Board at Town 9 Hall . Thank you . 10 SUPERVISOR AL KRUPSKI JR . : Thank 11 you . Are all the notifications in 12 order, Mr . DeChance ? 13 TOWN ATTORNEY PAUL DECHANCE : 14 They are, Mr . Supervisor . 15 SUPERVISOR AL KRUPSKI JR . : Thank 16 you . All right, then we ' ll open the 17 hearing . Chapter 275 , Wetlands and 18 Shorelines and Amendments . Would 19 anyone like to address those 20 amendments ? 21 KEVIN KLEIN : Good evening . My 22 name is Kevin Klein . My family owns 23 the property located at 2155 Laurel Way 24 in Mattituck . I ' m here tonight because 25 I have concerns regarding the proposed OCTOBER 7, 2025 REGULAR MEETING 5 1 changes to the Town Code Board -- that 2 the Board is considering . 3 Specifically, the proposed changes to 4 Chapter 275-11 , Construction and 5 Operational Standards , Section C, two 6 docks , B, dock locations and links , 7 three, prohibited locations activities , 8 A, no due docks utilized for 9 residential purposes . If you enact 10 these changes , you will be denying, we, 11 homeowners our basic riparian right to 12 work on our properties . I would like 13 clarification on why you believe this 14 drastic action is necessary . I assume 15 you ' re going to cite environmental 16 concerns . If that is your reasoning, 17 the confusion I have is whenever 18 someone wishes to erect a new dock on 19 their property, in addition to 20 submitting the request for a permit to 21 the Town Trustees , they also must 22 submit the request for a permit to the 23 New York State Department of 24 Environmental Conservation . Since 25 their charter is to conserve , improve , OCTOBER 7, 2025 REGULAR MEETING 6 1 and protect New York ' s natural 2 resources and environment, I would 3 think that state body would have the 4 proper expertise to make those 5 determinations about any potential 6 environmental impacts . So if I am 7 correct, and if it is environmental 8 concerns are your rationale, I don ' t 9 understand why you feel this action is 10 required since there ' s already an 11 established mechanism in place with the 12 proper expertise to oversee any 13 potential environmental concerns . 14 Although it is concerning that so many 15 bodies of water are being included, I 16 am most concerned with why Laurel Lake 17 is included in that list . There are 16 18 homes on Laurel Lake, and to my 19 knowledge, there are no other privately 20 owned lots around the lake . Of those 21 16 homes , 12 of those homes currently 22 have fixed docks or large deck 23 structures over the water . Of the 24 remaining four homes without docks , one 25 has a floating platform, two are on OCTOBER 7, 2025 REGULAR MEETING 7 1 highly vegetated bluffs , so a dock is 2 not feasible . So by including Laurel 3 Lake in this amendment, my home will 4 likely be the only one impacted . My 5 family did take the proper avenue and 6 applied for a wetlands dock permit, 7 which complied with all current 8 construction and operational standards . 9 At our first meeting, the only concerns 10 raised by the Trustees were about the 11 design without any mention of 12 environmental issues . We then revised 13 our original dock design to comply with 14 all the Trustees ' stated concerns . At 15 the second meeting, one of the Trustees 16 commented to me, and I quote , "and to 17 be fair, it is evident you are trying 18 to be a good steward . I mean, your 19 backyard . We deal with a lot of 20 properties that are over-landscaped, 21 over-fertilized, over-treated, and it 22 is apparent that is not what you are 23 doing there . We appreciate seeing it . 24 It ' s mostly moss , right? " After we 25 submitted our revised plans , we were OCTOBER 7, 2025 REGULAR MEETING 8 1 denied due to what the trustees then 2 described as environmental and 3 navigational concerns . Even though the 4 New York State Department of 5 Environmental Conversation approved our 6 original unmodified dock permit, one 7 would think that the New York State 8 Department of Environmental 9 Conservation would have greater 10 expertise in this area and that if 11 there truly were any environmental 12 concerns , they would have been raised 13 by that governmental department . After 14 our denial , we were encouraged to file 15 an Article 78 appeal based upon those 16 facts , which we did on September 11 , 17 2025 . And now here we are, less than 18 four weeks after filing our appeal at a 19 hearing for public comments to prohibit 20 any future docks on Lawn Lakes , 21 including Laurel Lake . I respectfully 22 request the Board to reconsider and 23 remove these nine additional lakes from 24 this section of the proposed changes , 25 preserving our riparian right to walk OCTOBER 7, 2025 REGULAR MEETING 9 1 out onto our properties and continue to 2 allow both the Trustees and the 3 Department of Environmental 4 Conservation the opportunity to 5 determine on a case-by-case basis , 6 whether a dock permit should be granted 7 and not make a sweeping decision to 8 deny all docks on these bodies of 9 water . At a very minimum, I would 10 request you remove Laurel Lake from 11 this list and allow our Article 78 to 12 come to its natural legal conclusion . 13 Thank you for your time and listening . 14 SUPERVISOR AL KRUPSKI JR . : Thank 15 you . Would anyone else like to address 16 the Board? 17 JOHN BREDEMEYER : Good evening . 18 Welcome to the Town Board, Town Clerk, 19 Town Attorney . My name is John 20 Bredemeyer . 22 years a Trustee in the 21 Town . I worked in the Peconic Estuary 22 Program as a marine researcher for 25 23 years . I do not own any waterfront 24 property . I have no interest in any 25 waterfront operations at the current OCTOBER 7, 2025 REGULAR MEETING 10 1 time , but I consider myself an 2 interested and somewhat knowledgeable 3 citizen . Firstly, I ' d like to draw 4 your attention to the cover of the 5 Suffolk Times . It says , "Working 6 Waterfront Bill Officially Afloat, " 7 wherein the County now has decided they 8 don ' t want to have waterfront -- 9 legitimate waterfront businesses revert 10 to residential . You know, strictly 11 residential use, and we lose all the 12 benefits of a thriving waterfront 13 community . I do have a prepared 14 statement, and I have an extra copy for 15 Stan or the press , dealing basically 16 with the dock issue in two segments . 17 The first one is questions I have about 18 a dock ban in fresh or brackish waters . 19 The proposed dock ban for the listed, 20 totally enclosed, and landlocked small 21 scale fresh and brackish waters entails 22 prohibiting dock activities in the 23 emergent near shore and adjacent areas 24 presently largely populated by 25 Phragmites australis , the common OCTOBER 7, 2025 REGULAR MEETING 11 1 Phragmites invasive . My question is , 2 in such an environment by utilizing 3 non-toxic dock penetrations and open 4 grate decking for very small scaled 5 back docks designed for the purpose 6 intended, such as kayak or canoe use or 7 safe wheelchair enjoyment or the 8 ambulation of the elderly are the 9 cumulative -- and elderly -- for their 10 cumulative comfort, convenience , 11 enjoyment, and orderliness and safety . 12 The question is whether the minimal 13 dock construction, as I outline here, 14 could possibly have any cumulative 15 environmental impacts . The non-toxic 16 standard has been in existence for 17 very, many, many years . If this 18 question has not been thoroughly 19 answered at this point, might not a 20 DEIS be in order? Some potential 21 benefits over a traditional access -- 22 some benefits of having small-scale 23 non-toxic docks over a traditional 24 access path are less trampling, less 25 likely to have the area denuded of OCTOBER 7, 2025 REGULAR MEETING 12 1 vegetation, less exposure to ticks , 2 safer kayaking, as well as , the fact is 3 historically we ' ve lost a lot of large 4 trees over our enclosed waterways . So 5 docks , a non-toxic dock, may in fact 6 provide shading and protection for 7 wildlife due to the extreme 8 ever-warming climate that we ' re 9 enduring . The next question deals 10 specifically, the next issue that I 11 have deals specifically with a ban on 12 docks on the open waters of Dam Pond 13 and Hashamomuck Pond . The late great 14 dock builder Larry Tuttle , upon my 15 election to the Southold Board of 16 Trustees in 1984 and presuming that I 17 might have been some kind of anti-dock 18 environmental wacko, provided me a copy 19 of a United States Supreme Court 20 decision firmly establishing one ' s 21 individual right to work out . It is my 22 position that any individual engaged in 23 lawfully permitted commerce from their 24 residential waterfront property and 25 possibly their lessee ' engaging in such OCTOBER 7, 2025 REGULAR MEETING 13 1 activities as commercial shellfishing, 2 aquaculture, professional wildlife 3 photography, guiding and captaining, et 4 cetera . Should not summarily have 5 their property rights to wharf out 6 extinguished by a Town with such a rich 7 maritime heritage . Again, for the 8 purposes intended, a small -- small 9 scale, non-toxic dock needed for one ' s 10 maritime commercial activity associated 11 with their residential property should 12 be supported by Southold Town . 13 Ironically, if you pass this and these 14 dock ban provisions , you in fact will 15 be going counter to the Suffolk County 16 policy of trying to increase and 17 protect our waterfront lifestyle . 18 SUPERVISOR AL KRUPSKI JR . : Thank 19 you . Would anyone else like to speak? 20 TAMMY LEFFLER : Good evening . I ' m 21 Tammy Leffler from Mattituck, New York, 22 and I just wanted to speak in support 23 of this . I was very relieved to read 24 about it in the New York Times -- 25 sorry, the Suffolk Times , the other OCTOBER 7, 2025 REGULAR MEETING 14 1 Times . And I would just maintain that 2 Southold Town knows the needs and 3 concerns more intimately than in the 4 New York State DEC . And while, you 5 know, New York State DEC is certainly a 6 wonderful organization for the most 7 part, I think no one knows better than 8 Southolder ' s what Southold needs . So I 9 thank you for thinking of this , and I 10 hope that you will pass it and make it 11 the new code . I think it ' s just in the 12 nick of time because there ' s a lot 13 of -- I went to a Trustees meeting a 14 couple of weeks ago, and was somewhat 15 aghast at all of the things that are 16 being proposed to our dear North Fork . 17 So this will stop some of that . Thank 18 you . 19 SUPERVISOR AL KRUPSKI JR . : Thank 20 you . 21 GLENN PRESSLER : Good evening . My 22 name is Glenn Pressler . My wife and I 23 recently purchased a property on Great 24 Pond . I started fishing in Great Pond 25 approximately 45 years ago when my OCTOBER 7, 2025 REGULAR MEETING 15 1 family had moved out to Southold Town . 2 I know the lake very well . I know many 3 of the other lakes that are on that 4 list as well . I ' ve been fishing in 5 freshwater for all my life . I am not 6 sure what the reasoning is for this 7 moratorium or this ban on new docks on 8 Great Pond . We ' re one of the few 9 houses that currently do not have a 10 dock . There was a dock at this 11 property many years ago . It was on the 12 survey when we purchased the home . 13 Thought there were remnants that were 14 still there and that what we would do 15 would just be repair or replace what 16 had been existing . I ' m somewhat of an 17 environmentalist . The freshwater, 18 especially Great Pond, is something 19 that ' s very dear to me . And what 20 happens now is due to the current 21 drought condition, the water line from 22 where the normal water is approximately 23 25 feet, which means I now walk through 24 25 feet of wetland, vegetation that ' s 25 just sitting in the sand in order to OCTOBER 7, 2025 REGULAR MEETING 16 1 get into my kayak or my canoe . I have 2 to then walk into the water, walking 3 through more vegetation and life under 4 the water . If there was a dock that I 5 would be able to walk into that was 6 over the wetlands , none of this would 7 be happening . But I ' ve seen just -- 8 and I ' m very conscious of it, and it 9 bothers me , that the deterioration just 10 over this season in my yard alone is a 11 concern of mine . I had -- also was 12 having a conversation with someone 13 today, and I ' m not sure if everyone is 14 aware of on Great Pond, there is a 15 public access , which I ' m not looking to 16 stop anybody from the public of coming 17 in and using the pond . But I think 18 there ' s even more concerns of having an 19 access like that than someone like me 20 as a homeowner that cherishes what I 21 have . Someone can come into that 22 public access on one day after fishing 23 in Marratooka . Anyone that knows 24 Marratooka, Marratooka, year after 25 year, has an algae bloom that is OCTOBER 7, 2025 REGULAR MEETING 17 1 significant . It ' s posted by the DEC 2 of, you know, make sure you ' re not 3 ingesting any of the water . It ' s not 4 current today at this moment . But if 5 someone were to put their kayak or 6 their canoe or their boat in that water 7 on one day and the next day take it to 8 Great Pond and put it in that water, 9 you ' re now cross-contaminating from one 10 body of water to another . You know, if 11 that ' s what this was about, I might 12 have more of an understanding . But I 13 think the concern of the amount of 14 vegetation that is going to -- or can 15 be destroyed by not allowing people to 16 have proper access to these bodies of 17 water, I think should be given a lot of 18 consideration . Appreciate your time . 19 SUPERVISOR AL KRUPSKI JR . : Thank 20 you . If only we could get the geese to 21 stop flying between the two water 22 bodies . 23 JOHN PITTMAN : Hi , my name is John 24 Pittman . I live on Ruch Lane, which 25 borders Hashamomuck Pond, and I ' d like OCTOBER 7, 2025 REGULAR MEETING 18 1 to piggyback on what we ' ve heard here 2 this evening . So I ' m mainly interested 3 in the Hashamomuck Pond dockage 4 emission . I ' ve lived on, we have owned 5 this property on Hashamomuck Pond for 6 105 years . Of course, I ' m not 105 . 7 But I remember years ago, there are a 8 lot of eelgrass and an abundance of 9 marine life . Hashamomuck Pond, by the 10 way, is not a pond . Pond, by 11 definition, is an enclosed body of 12 still water . Hashamomuck Pond, we 13 usually consider either a bay, estuary, 14 inlet, creek, because it ' s tidal . Our 15 family has always referred to 16 Hashamomuck Pond as the Little Bay and 17 Southold Bay being the Big Bay . 18 Anyway, Hashamomuck Pond is a mile long 19 from the east to the west . That means 20 the shoreline is at least two miles 21 long . But actually, if you include the 22 entire shoreline , not including Long 23 Creek, the entire shoreline, there are 24 three inlets in there . Plus you have 25 the east side and the west side . So it OCTOBER 7, 2025 REGULAR MEETING 19 1 actually approaches closer to three 2 miles , but I ' ll round it down to two 3 and a half miles . And that equals 4 13 , 200 feet . I ' ll come back to that 5 number in a second . There are 6 currently 61 homes on Hashamomuck Bay, 7 mostly on the north side . If each of 8 these properties had a 4 foot wide 9 dock, that would cover 244 feet of 10 shoreline . This is a linear 11 measurement . I ' m not talking about 12 area . That is 1 . 80 of the entire 13 shoreline in Hashamomuck Pond . 14 Currently, there are 11 docks , which if 15 you measured the 4 feet number, that 16 would be 0 . 003 of the shoreline coast . 17 But in reality, I don ' t think all 61 18 homes are going to want to dock . So 19 let ' s just say roughly half of them. 20 That would mean you ' d be covering the 21 shoreline by about 1% . Numerous 22 studies have shown that properly 23 constructed docks greatly minimize 24 negative effects of marine vegetation . 25 Studies done by Logan, Voss , Davis & OCTOBER 7, 2025 REGULAR MEETING 20 1 Ford show that a dock that is 1 . 5 times 2 the width of the deck high, off the 3 mean low water height, has little 4 detrimental effect on marsh shoreline . 5 In other words , if you had a 3 foot 6 wide dock, it should be at least 4 . 5 7 feet higher than the mean low water 8 height . And also, if possible, the 9 dock should face in a north-south 10 direction to allow the east and west 11 sun to come underneath and also the use 12 of greater docks coverage until 13 sunlight can get through . So if you 14 consider roughly to of the shoreline 15 being affected by docks , and you do it 16 with proper dock construction, the 17 overall negative effect of having a 18 dock on Hashamomuck Bay is very 19 minimal . Also, in the event of global 20 warming, which appears to be happening, 21 the water level has risen considerably 22 so that at high tide, I no longer have 23 a beach . So in order for me to get 24 into my boat, I ' d have to get wet 25 because I ' d had to walk through the OCTOBER 7, 2025 REGULAR MEETING 21 1 water . And as was just stated, walking 2 over the shoreline is not a good idea 3 because you crush the vegetation 4 underneath . Finally, as has been 5 brought up, this is a maritime 6 community, which is part of the allure 7 and economy of this area . Following 8 proper dock design, just like improving 9 septic systems , would be a reasonable 10 goal . I know my neighbors not only 11 enjoy the view, but sailing, paddle 12 boarding, swimming, power boating, 13 fishing, and so on, all of which having 14 a dock would be a great asset . Thank 15 you . 16 SUPERVISOR AL KRUPSKI JR . : Thank 17 you . 18 COUNCILMAN GREG DOROSKI : Thank 19 you . 20 DAN OAKLEY : I ' ve got a quick 21 question for clarity . I ' m Dan Oakley 22 and I live in Cuthchogue . In the 23 definition of ordinary and usual 24 maintenance, you refer to 250 of the 25 entire structure . What I ' d like to OCTOBER 7, 2025 REGULAR MEETING 22 1 understand is what the basis of that 2 percentage is . Is it dollar value ? Is 3 it area? Is it volume ? I ' d like to 4 have that sort of included in the 5 definition so that it doesn ' t become an 6 arbitrary evaluation on each given 7 situation . 8 SUPERVISOR AL KRUPSKI JR . : Thank 9 you . 10 PATRICIA MOORE : I ' m Patricia 11 Moore . I ' m here on behalf of myself as 12 a property owner on Hashamomuck, and 13 also dealing with these regulations on 14 a regular basis . My points , I ' m going 15 to go through quickly to some of the 16 proposed language, but my first and 17 foremost point is , I remember the 80 ' s 18 where the Trustee ' s jurisdiction was in 19 the water . Then it grew . And now it ' s 20 grown so much so that absolutely 21 anything within that is waterfront and 22 the property, the size of the property 23 seems to be irrelevant . We ' re going to 24 the Trustees for a permit and the 25 process has gotten very burdensome , OCTOBER 7, 2025 REGULAR MEETING 23 1 very expensive, and time consuming . So 2 rather than narrowing the scope of 3 jurisdiction, we continually expand 4 that jurisdiction . This Town has 5 become the "Town of No" and the "Town 6 of Regulations . " And it ' s job 7 security, but I don ' t find it to be a 8 pleasant type of work because it feels 9 like rather than working with the Town 10 and making the Town better, it seems 11 that we ' re constantly coming at odds 12 with either regulations that are 13 policies or interpretations or now 14 reactive legislation, which, quite 15 frankly, the exclusion of docks in a 16 particular body of water is a complete 17 reaction to the litigation that was 18 filed . My strongest complaint is 19 regarding the prohibition of certain 20 water bodies . I was here objecting 21 probably five years ago regarding 22 including Hashamomuck Pond in the 23 prohibition . I remember when it was 24 first proposed, I didn ' t own a house on 25 Hashamomuck Pond, but I remember at the OCTOBER 7, 2025 REGULAR MEETING 24 1 hearing, it was presented as a 2 photograph of a pictorial . If 3 everybody built docks along Hashamomuck 4 Pond, how horrible that would be . And 5 the pictorial was long docks going out 6 into the pond . The reality is that 7 that ' s not the case . I think some very 8 good comments have been made that 9 properly designed docks and the 10 Trustees have been very aggressive in 11 making sure that docks and the DEC as 12 well on dock design, making sure it ' s 13 appropriately above a certain level , 14 that it ' s the through flow material . 15 That air and light access it . And one 16 of the main concerns I had was when we 17 moved to our property, there had been a 18 dock on the property . The prior 19 owners , the elderly gentleman, when he 20 died, his wife didn ' t own a boat and 21 really couldn ' t afford to put one in 22 there . But the remnants of the dock 23 and the post are still there . I ' m not 24 getting any younger and it ' s quite , 25 it ' s been difficult to get into a OCTOBER 7, 2025 REGULAR MEETING 25 1 little boat and -- it ' s grandkids , it ' s 2 for my grandkids . It ' s got a little 3 motor and it ' s 14 feet . That ' s the 4 extent of the type of motorboat that 5 you see . There ' s somebody up on -- up 6 further east on the pond that their son 7 is a world-class water skier, and this 8 is where they grow up . And so they 9 still have some water ski area that is 10 a practice area . So the pond is an 11 active waterway and honestly, it is 12 more damaging . And I saw the damage to 13 my property for access that has torn 14 away and destroyed the wetlands that we 15 would all prefer to maintain . So the 16 reactive prohibition, the list of 17 prohibitions , including Hashamomuck 18 Pond that should never have been 19 included in this . And I even 20 questioned how it ' s defined because 21 Hashamomuck Pond is now Hashamomuck 22 Creek and Pond . I ' m quite frankly 23 don ' t know where it begins and ends 24 because what is Hashamomuck Creek? Are 25 we talking about the creek that is off OCTOBER 7, 2025 REGULAR MEETING 26 1 of Hashamomuck or is it the pond which, 2 as Mr . Pittman pointed out, is a tidal 3 wetland that flushes daily and twice a 4 day . So it really should have been 5 removed as a prohibition . It ' s 6 certainly not increased . And the fact 7 that you ' re adding these prohibitions 8 without any study, without any 9 environmental review, without any 10 environmental or economic impact to the 11 homeowners and to the community, is 12 extremely frustrating that we ' re going 13 backwards in legislation . 14 Specifically, some of the issues that I 15 want to raise as far as the as-built 16 plans , it refers to providing certified 17 licensed surveyor plans . Well , 18 oftentimes we have an architect or a 19 professional that can draw it, not the 20 surveyor . The surveyor might provide 21 existing conditions survey, which 22 doesn ' t need to be certified to the 23 property owner . If the person may have 24 bought the property a year or two ago 25 and it still has a survey that reflects OCTOBER 7, 2025 REGULAR MEETING 27 1 the existing conditions , and then the 2 proposed work is oftentimes drawn by 3 another design professional because the 4 licensed surveyors are so few and far 5 between . And they are so busy that to 6 get a surveyor to provide this type of 7 documentation is a problem. So that ' s 8 point one . Your ordinary and usual 9 maintenance issue . Again, the code was 10 changed to require every homeowner to 11 have the permit that had been issued in 12 the past be transferred into their name 13 to be a permitted structure that is in 14 the individual ' s name . But now what ' s 15 the point? If they can ' t maintain it, 16 which has been my argument to any 17 property owner that may buy a house or 18 has a permit, I say make sure it ' s in 19 your name so it enables you to maintain 20 it . Well , the 250, I think, is a good 21 point that was made as far as what ' s 22 250 of the square footage , 250 of the 23 value . I argue that 25% is such a low 24 number . I think 75 may be what is 25 anticipated where you have a complete OCTOBER 7, 2025 REGULAR MEETING 28 1 destruction, a storm destruction of the 2 structure that may require a new 3 application to go in . But the whole 4 point of getting a permit, a 5 permitted -- it ' s the worst grammar in 6 the world, but a permitted structure, 7 is the fact that you can maintain it . 8 Undoing what the whole code was changed 9 before for that purpose . Vegetated 10 non-turf buffers , we understand what 11 that is . Well , all of a sudden it ' s a 12 mix of native trees . Well , you give 13 the Trustees an inch, they ' ll take a 14 yard . Now they ' re going to make you 15 plant trees along your entire 16 waterfront as part of your vegetated 17 non-turf buffer . I think in the past 18 we tried to encourage the Trustees and 19 the homeowners to plant native 20 drought-tolerant proper vegetation, but 21 quite frankly, the trees block the 22 views . Isn ' t that what homeowners on 23 the water want to see? Certainly you 24 would want to see, you would want to 25 see your beautiful farmland behind you . OCTOBER 7, 2025 REGULAR MEETING 29 1 Same waterfront owners want to see the 2 beautiful views that they ' ve bought and 3 they ' ve preserved and they ' re 4 maintaining . The next issue is the 5 retaining walls . This has created 6 tremendous problems and it keeps 7 getting worse . The 2 foot retaining 8 wall limitation completely disregards 9 the health department regulations . In 10 some of the very low groundwater areas 11 where the groundwater is close to the 12 top to the grade , sanitary systems have 13 to be built above . And the whole goal 14 here is to eliminate old systems and 15 put in new innovative systems . If the 16 groundwater is low, they all will 17 require retaining walls . Well , 18 depending on where the groundwater is , 19 the retaining wall may by code, Health 20 Department regulations have to be 3-4 21 feet high because the sanitary system 22 cannot -- has a minimum separation of 23 the bottom of the sanitary system to 24 the groundwater . So this 2 foot rule , 25 again, has been a frustrating process OCTOBER 7, 2025 REGULAR MEETING 30 1 to anybody who puts through 2 applications to the extent . I had one 3 today where we could work out the 2 4 foot retaining wall that was not on a 5 property line , but we worked it out 6 design-wise, no problem. But in other 7 cases where we have a waterfront area 8 with narrow lots , very small lots , with 9 sanitary systems that have to meet 10 Health Department standards , the 2 foot 11 retaining wall is an absolute 12 impossibility . And we ' ve had this 13 fight at the Trustees to the extent 14 where the Trustees don ' t want to give 15 in . We end up having to go to the 16 Health Department for a Health 17 Department variance . And then you take 18 a chance that the Health Department 19 will vary from the Health Department 20 regulations that are intended for 21 health and safety . And for a proper 22 sanitary design, we are at odds . So we 23 create this ping-pong effect between 24 our regulations , which you adopt 25 without any real -- I question whether OCTOBER 7, 2025 REGULAR MEETING 31 1 there ' s a true understanding of what is 2 being requested, in particular when 3 we ' re dealing with Health Department 4 issues . You know, the Health 5 Department preempts the Town when it 6 comes to sanitary design, but that 7 doesn ' t seem to matter when we ' re at 8 the trustees . Let ' s see . Those are my 9 comments regarding the code provisions . 10 I really hope we stop being so reactive 11 to individual cases . We may end up due 12 to litigation, so be it, with respect 13 to the individual applications that are 14 approved or denied . But changing the 15 code in reaction to litigation is the 16 worst type of code to draft . And I 17 would ask, please talk to the 18 professionals , do environmental 19 studies , look at environmental impact 20 statements and economic impact 21 statements with the choices that you 22 make . So I hope you will not approve 23 this as proposed . And, you know, step 24 by step, hopefully we can all work 25 together to protect the environment is OCTOBER 7, 2025 REGULAR MEETING 32 1 an overall goal of everyone that lives 2 in this community . Thank you . 3 SUPERVISOR AL KRUPSKI JR . : Thank 4 you, Pat . 5 LIZ GILLOOLY : Hi there, Liz 6 Gillooly . I ' m one of the Town 7 Trustees . Thank you all so much for 8 being here tonight and for considering 9 these code recommendations , which came 10 from the Trustees . I ' ve been super 11 proud of the fact that over the last 12 four years we have come to the Town 13 Board with our recommendations every 14 time we ' re looking at the 30 , 000 foot 15 view and noticing development trends 16 that are putting an increased burden on 17 our shared land . So a Trustee job is 18 to steward the land that we ' ve been 19 entrusted with . And these 20 recommendations all come from that 21 30 , 000 foot view . We have noticed 22 these development trends that are 23 degrading our shared resources and 24 affecting public access . And now some 25 of the comments here tonight are OCTOBER 7, 2025 REGULAR MEETING 33 1 referencing a new ban on docks that has 2 actually been in place since 2007 . So 3 I think that ' s worth noting that some 4 of these specifics are not referencing 5 the code changes that are being 6 proposed tonight . So that ' s the first 7 point . I ' ve also heard tonight that 8 it ' s been suggested that public access 9 is more harmful than private access to 10 our water bodies . I don ' t agree with 11 that, and I don ' t believe that ' s what 12 the trustees are here to steward . The 13 theory of this change is to preserve 14 small water bodies that are already 15 distressed from increased development 16 pressures . And many of the changes 17 that are before you tonight are really 18 about clarifying definitions that we 19 use in all of our Public Hearings . And 20 so most of the changes I haven ' t heard 21 comment on tonight are some of the 22 really important ones . Just adding in 23 vegetated non-turf buffer is some, it ' s 24 a term that we use at every single one 25 of our Public Hearings . So we felt OCTOBER 7, 2025 REGULAR MEETING 34 1 that a definition would be necessary . 2 To Ms . Moore ' s comments on that, you 3 know, we do specify in that definition 4 that it ' s site specific . So not 5 requiring trees in every case, but it 6 is subject to a site-specific review, 7 which I think is a smart change and 8 really is just clarifying for everybody 9 who reads the code how the Trustees 10 typically react to different 11 applications so that we can make it a 12 little more clear and make the process 13 more user-friendly . And that ' s all my 14 comments for right now . Thank you . 15 SUPERVISOR AL KRUPSKI JR . : Thank 16 you . 17 CAROL BROWN : Hi , my name is Carol 18 Brown . I ' m the chair of the 19 Conservation Advisory Council , and I am 20 reading you the letter that we, or the 21 memo that we sent in reference to the 22 Trustees ' draft updates to Town Code 23 Section 275 . The effort to further 24 protect our Town and its waterfronts 25 and wetlands by the Trustees is OCTOBER 7, 2025 REGULAR MEETING 35 1 exceptional . We greatly appreciate the 2 close look, the clear definitions , and 3 the attempt to move the Town forward 4 with intentional environmental 5 considerations . Adding definitions 6 that are in current use is important in 7 educating homeowners and business 8 people, builders , contractors , lawyers , 9 and realtors . We recognize there are 10 environmental changes happening, and to 11 see it reflected in code is very 12 beneficial in moving these concepts 13 into the vernacular of the above 14 entities . It should be -- everybody 15 should understand what ' s really going 16 on environmentally . I ' ll have some 17 comments at the end . Defining not only 18 the what, but the why in the IA 19 systems , open grade decking, and 20 vegetated non-turf buffers is another 21 step in educating the public regarding 22 best practices for these situations . 23 Of those definitions , reducing the 24 percentage of actions on wetland 25 permitted structures from 75% to 250 OCTOBER 7, 2025 REGULAR MEETING 36 1 will hopefully mitigate the amount of 2 structural work taking place on or near 3 our wetlands . I consider that people 4 could knock down or build an additional 5 75% to their properties , which 6 especially on the waterfront probably 7 can ' t sustain it very well without a 8 lot of mitigation . Next one is 9 including and defining innovative 10 alternative on-site wastewater 11 treatment systems . This will get the 12 system into the minds of builders , 13 contractors , and homeowners . Well 14 done . We have several comments on 15 particular changes . Pool setbacks . We 16 strongly agree that the current setback 17 of 50 feet by bulkheads , wetlands , et 18 cetera, is not sufficient to protect 19 home and property over the next 10 to 20 25 years based on the NOAA and New York 21 State DEC sea level rise projections . 22 Pushing it to 60 feet as in the draft 23 is a stopgap that will not be 24 sustainable over this time period . We 25 therefore suggest a minimum of 75 feet OCTOBER 7, 2025 REGULAR MEETING 37 1 with a preference for the same 100 feet 2 set back for pools as for lands on 3 bluffs . Cleaning up the code . We also 4 understand that the mission of the 5 Conservation Advisory Council has 6 evolved and there ' s so much work to do 7 with the Town regarding conservation 8 issues . It means that the CAC will not 9 regularly review wetland and coastal 10 erosion hazard area site plans . But we 11 would still like to be kept in the loop 12 and receive a copy of these 13 applications for our review so that we 14 could keep abreast of wetland 15 applications and trends . We still have 16 a member attend all the Trustee Public 17 Hearings on a regular basis . So that ' s 18 what that ' s the statement from the CAC . 19 Carol Brown would like to add, Tammy, 20 thank you so much . The Town knows "the 21 town" , it knows what it needs . I have 22 a lot of interaction with the DEC and a 23 lot of very terrific people, but they 24 don ' t live on our Town, the Canary in 25 the Mind . With the projected sea level OCTOBER 7, 2025 REGULAR MEETING 38 1 rise , not from here , but from the Fed ' s 2 and from the State, heavier storms , et 3 cetera . We have over 220 miles of 4 coastline, especially on the south side 5 of town . Protecting this and the work 6 of the Trustees is vital . Thank you . 7 SUPERVISOR AL KRUPSKI JR . : Thank 8 you, Carol . Bob? 9 BOB DELUCA : Good evening, Mr . 10 Supervisor, Members of the Town Board . 11 My name is Bob DeLuca . I ' m a resident 12 of East Marion and president of Group 13 for the East End . We are at 54895 Main 14 Road, Southold . And as some of you 15 know, I ' ve been a land use practitioner 16 for over just about 40 years . And 17 during that time , I ' ve seen a number of 18 different things happen . And this 19 discussion that ' s happening right here 20 happened on the South Fork about 25 21 years ago . And it goes -- I ' m a little 22 bit like the ghost of Christmas Past . 23 And I just want to say that while we 24 support these regulatory changes , I 25 want to confront the issue that this OCTOBER 7, 2025 REGULAR MEETING 39 1 Board and every other Board that I ' ve 2 worked with in the five towns out here 3 has confronted, which is at some point, 4 the pressure, the consistency, the 5 inability of the local government to 6 manage 8 million different things going 7 on puts you right here . And people are 8 feeling like, you know, they ' re just 9 abused . This isn ' t working for them. 10 But the bottom line is the resources 11 are already hammered . The resources 12 have been beaten on . And the resources 13 that people care about that bring them 14 here are in part degraded because of 15 all the different things that we do 16 around them. So it ' s a very difficult 17 place . And I would just like to thank 18 the Trustees for the work that they ' ve 19 done , as well as , the Town Board on the 20 Comprehensive Plan that brings us here . 21 First and foremost, I don ' t see that 22 these recommendations came out of thin 23 air . It was a decade of discussion, a 24 Comprehensive Plan adopted by this 25 board . That Comprehensive Plan, and OCTOBER 7, 2025 REGULAR MEETING 40 1 you can look them all up, there ' s about 2 a dozen different places where its 3 priority is protecting tidal and 4 freshwater habitats , seeking 5 cooperation with regulatory agencies to 6 reduce nitrogen and phosphorus , 7 avoiding or minimizing non-point 8 pollution of waters , promoting 9 sustainable uses of marine habitats , 10 and most notably, the specific 11 recommendation for a buffers definition 12 in Chapter 275 , which is proposed in 13 these amendments . So we ' ve had this 14 discussion . We continue to have the 15 discussion . I , as a guy who used to 16 work at the County Health Department 17 and looked at applications and the 18 things that come in from towns , I ' m 19 sympathetic to the struggle . But at 20 some point, we have to do something 21 differently or we ' re going to end up 22 exactly where we ' re headed . And that ' s 23 trouble . So let me just say this , with 24 respect to some of the comments that 25 people have made . DEC is not always OCTOBER 7, 2025 REGULAR MEETING 41 1 available . Even if they were 2 available, they have a different 3 standard . What they consider a major 4 project and a minor project, trying to 5 get somebody out in the field to come 6 look at something . Their perspective 7 is a statewide perspective on the 8 resource that happens to be here in 9 Southold Town . What I could tell the 10 Southold Trustees ' perspective is from 11 Southold Town, what ' s going on right 12 here , from people who live here who go 13 out and can see those sites . And 14 that ' s really important because DEC 15 does not have enough people and they 16 don ' t have enough resources , and they 17 haven ' t had them for a long time . So 18 that ' s a real problem. I think what 19 happened on the south side was that as 20 more and more docks start 21 proliferating, you know, some 22 communities like North Haven did like a 23 dock study to figure out exactly what 24 it was and why they were doing it . And 25 to some extent, you know, the Town may OCTOBER 7, 2025 REGULAR MEETING 42 1 want to just make sure that it can 2 justify what it ' s doing because it ' s 3 going to get sued by people who aren ' t 4 happy with the outcome . And there ' s 5 going to be more of those lawsuits . 6 And sometimes the tendency is to just 7 give up . I would encourage you not to 8 give up, but to make sure that you 9 substantiate your record and your 10 position, so that you can put your 11 strongest foot forward . I think in 12 these specific amendments that are 13 before you, what ' s going to help here 14 is that there ' s going to be an 15 understanding from the outset as to 16 what the conditions are . Now, 17 something else I learned as a land use 18 practitioner is that surveys don ' t 19 always represent what ' s actually going 20 on the ground . If you don ' t have 100 21 people to be out there looking at every 22 survey, you can get halfway through an 23 application until some person who lives 24 next door comes out and says , oh, no, 25 there ' s a building over there, or OCTOBER 7, 2025 REGULAR MEETING 43 1 there ' s a patio over here . So I think 2 it ' s important to get a good survey to 3 get it early . And I think that 4 probably expedites review . Impervious 5 surfaces have to be identified, even if 6 they ' re not technically impervious . A 7 bunch of ground up aggregate that 8 basically becomes impervious has the 9 same effect with respect to pollution . 10 We should know where it is . 11 Recognizing and providing for the new 12 Septic technology that ' s coming in is 13 important, should be recognized in 275 , 14 and everybody should know it ' s there . 15 And I think paying closer attention to 16 long-term compliance is important . I 17 think it may be where the gentleman 18 previously talked about what is 250 of 19 what, I think that ' s take a look at 20 that . Are we talking dollars ? Are we 21 talking, you know, physical structure ? 22 I would agree with that . And the 23 vegetated non-turf buffers , the 24 legislation before you enshrines the 25 benefits of those buffers as well . So OCTOBER 7, 2025 REGULAR MEETING 44 1 we ' re not just saying, okay, let ' s put 2 some language in there . It tells you 3 why they ' re important . That helps land 4 use practitioners . It helps owners . I 5 think obviously there ' s an education 6 process that can always go on there . 7 Other communities have specific native 8 and native compatible lists that people 9 can use . We would certainly help in 10 any way that we can to help people 11 understand that . But all of those 12 amendments are important . They ' re 13 reflective in what the comprehensive 14 plan wanted to do . And they 15 demonstrate to you that the trustees 16 for all of their efforts are reaching 17 out saying, we got to do better than we 18 have been, or we ' re going to end up 19 where we don ' t want to be . So there 20 may be some work to be done with 21 respect to if you want to go and look 22 at specific language that you can 23 develop where , you know, to sustain 24 your point of view on dockage in 25 certain places . I don ' t disagree with OCTOBER 7, 2025 REGULAR MEETING 45 1 that . I don ' t disagree with Ms . 2 Moore ' s position about reviewing some 3 of that . But the bottom line is right 4 now, get the buffer language in, get 5 the language in that helps permits be 6 reviewed more practically with more 7 clarity, that homeowners can understand 8 why they ' re being asked to do what 9 they ' re doing . And all of that is in 10 these amendments . So, you know, we 11 support them in all of those ways , but 12 I also just can ' t tell you enough . The 13 sooner you get going on this , the 14 better it ' s going to be because they 15 have suffered mightily on the South 16 Fork where I started my career . And a 17 lot of it ' s because there ' s always a 18 reason to not do anything . And so I 19 urge you forward . I urge you, 20 obviously, to respect the comments that 21 you ' ve heard and the expertise that 22 you ' ve heard . But let ' s get that Comp 23 Plan moving . It ' s been like 15 years , 24 and the longer we wait, the harder this 25 is going to be . Thank you very much . OCTOBER 7, 2025 REGULAR MEETING 46 1 SUPERVISOR AL KRUPSKI JR . : Thank 2 you . 3 ERIC SEPENOSKI : Good evening, 4 Board, members of the public . I ' m Eric 5 Sepenoski , Southold Town Trustee . I 6 come to you directly from field 7 inspections . We spent our whole day 8 out in the wetlands and shorelines of 9 Southold Town . We did meet Pat Moore , 10 Esquire out for that, and we did find 11 an amicable agreement . Just for the 12 record, I would like to know if anyone 13 objects to the change of Bay Constable 14 to Harbormaster, or if that too ruffles 15 feathers ? When I was a child, we had 16 what we ' re called Jodges Beach on 17 Hallock ' s Bay . It was a piece of 18 property my family had from way back 19 when, when Polish farmers had enough 20 money to get together to buy some land . 21 And at a certain point, the New York 22 state took that by eminent domain . And 23 thank God they did, because now we have 24 a water body that is one of the most 25 beautiful and pristine water bodies in OCTOBER 7, 2025 REGULAR MEETING 47 1 our township . There ' s only a few docks 2 on it close to the harbor . The rest of 3 it is something you can kayak, boat, 4 hike , swim, and count your blessings 5 that you live here and are able to 6 access these waters and Southold . Dam 7 Pond . My grandmother on her way to 8 Sep ' s Farm in East Marion would pass by 9 that every day and she said to me at 10 the farm stand every morning, " I get to 11 drive on the most beautiful stretch of 12 road to work . I have the best commute 13 in the whole world . It ' s the most 14 beautiful thing . " And that ' s the kind 15 of spirit that I come to you this 16 evening with because these water bodies 17 that we ' re talking about, not just 18 Hallock ' s Bay, not just Dam Pond, but 19 Marion Lake, Laurel Lake . Some of the 20 most beautiful freshwater wetlands that 21 we have in this town, and they ' re under 22 incredible pressure from development . 23 As Mr . DeLuca has pointed out, the 24 money is coming from the South Fork to 25 the North Fork and has for some time . OCTOBER 7, 2025 REGULAR MEETING 48 1 And we regularly engage with 2 applicants , follow our code, Chapter 3 275 , 111 , and 96 , and administer that 4 code fairly and efficiently . And I ask 5 you to think about weighing the right 6 to a dock versus the public good that 7 all Southolder ' s should be able to 8 enjoy when they navigate the shorelines 9 or ride past these water bodies and see 10 them in their undiminished state . 11 Thank you . 12 COUNCILMAN BRIAN MEALY : Thank 13 you, Eric . 14 SUPERVISOR AL KRUPSKI JR . : Thank 15 you . Would anyone else like to address 16 the Board of this hearing? 17 SUSAN PITTMAN : My name is Susan 18 Pittman . I just have one question . On 19 the ordinary and usual maintenance , my 20 understanding is that that is -- you 21 already have a structure there and you 22 were previously allowed to repair 750 23 of it . It ' s now suggested to be 250 . 24 I was just wondering, could we 25 compromise and make it 500? It just OCTOBER 7, 2025 REGULAR MEETING 49 1 seems that the 25% is kind of austere . 2 And if you did have a structure that 3 needed to have repair, it then becomes 4 maybe done in several years instead of 5 getting it finished in one year . Thank 6 you . 7 SUPERVISOR AL KRUPSKI JR . : Thank 8 you . I don ' t see anyone on Zoom who 9 would like to make a comment . Is there 10 anyone else here who would like to 11 comment? 12 (No Response) . 13 SUPERVISOR AL KRUPSKI JR . : I ' d 14 like to thank everyone for coming 15 tonight . You know, it ' s kind of a 16 flashback for me to see John 17 Bredemeyer, who I served with as a 18 Trustee 40 years ago . Is it 40 years , 19 John? And Pat Moore, I ' ve never heard 20 you speak an objection before . But I 21 just want to thank everyone for coming . 22 You know, the Trustees -- you know, we 23 talked a little bit about the DEC 24 tonight . The DEC is a good partner in 25 environmental protection, but they ' re OCTOBER 7, 2025 REGULAR MEETING 50 1 not local . And the Trustees have held 2 the line . And the reason I mentioned 3 John Bredemeyer is because somebody 4 mentioned Hashamomuck Pond . And it was 5 a long time ago that John really said, 6 we got to focus on water quality . And 7 we started to do stormwater in town . 8 And we ' ve got a strong record of 9 stormwater remediation in town . As a 10 result, you can swim there and you can 11 shellfish there . And it ' s because the 12 County 30 plus years ago did some major 13 projects on Long Creek on the County 14 Road . The Town did a few on the on 15 wherever there was Town stormwater 16 inputs there . And then it continued 17 that throughout the whole town . 18 Mattituck Creek, we opened up more 19 shellfishing land as a result in 20 Hashamomuck . We opened up quite a bit 21 in Mattituck Creek . And there are 22 other creeks that were reopened to 23 shellfishing because of the Town ' s 24 efforts in stormwater remediation . So 25 you can ' t take that for granted . If OCTOBER 7, 2025 REGULAR MEETING 51 1 you look at Suffolk County Health 2 Department closes many beaches to 3 shellfishing and bathing all Summer 4 long in the rest of Suffolk County 5 because the hard work hasn ' t been done 6 for decades to spend that money and to 7 be dedicated to improve water quality . 8 So there ' s a lot good that has happened 9 here . There is a lot of pressure on 10 the waterfront . There was back in the 11 mid 80 ' s , remember the Wall Street 12 money that came out here? It ' s sort of 13 the same thing that ' s going on today . 14 And it is terribly complicated . But 15 there ' s a lot of people here who lived 16 here for a long time and appreciate it . 17 There ' s a lot of people who just moved 18 in recently that appreciate it just as 19 much . So I would like to -- there ' s a 20 lot of comments that came in . We have 21 a few mail in, or e-mail comments also . 22 I would like to recess this hearing to 23 make sure that we take a close look at 24 all the comments and all the 25 suggestions for changes to 275 . Not OCTOBER 7, 2025 REGULAR MEETING 52 1 against having a Public Hearing and 2 voting on it, but I think this is 3 something that because we have so many 4 comments , we should look at them. 5 COUNCILMAN GREG DOROSKI : 6 Absolutely . And I think it really 7 speaks to the complexity of what we ' re 8 looking at here . You know, we have 9 private rights and the public good . 10 You know, a gentleman mentioned 11 riparian rights . We also, as residents 12 of the community, have rights to these 13 waterways that go all the way back to 14 the colonial charter, which establishes 15 our Board of Trustees . And I think, 16 you know, them as a Board making 17 recommendations , looking at the facts 18 on the ground that they ' re seeing with 19 the applications that they ' re 20 contending with, we need to take that 21 very seriously . We also need to take 22 very seriously the concerns of the 23 property owners that are here, 24 expressing their individual concerns . 25 And like many of the issues that we OCTOBER 7, 2025 REGULAR MEETING 53 1 contend with, it really is about 2 finding that balance between the public 3 good and the private good . And, you 4 know, I feel confident that these 5 amendments before us move in that 6 direction . I think there have been 7 some recommendations , for instance , to 8 clarify what exactly 25% means is very 9 well taken . I think the comments about 10 the docks and providing adequate 11 justification, either in the code or 12 somehow to put us in a stronger 13 position is useful and relevant here . 14 But at least speaking for myself, I am 15 committed to seeing this through and 16 hope we can do so as we weigh all of 17 these comments and really try to find 18 this delicate balance, which has 19 brought us to where we are today, where 20 we do have these amazing natural 21 resources that we all share together . 22 COUNCILWOMAN DOHERTY : Yeah, I 23 think we definitely have to take a 24 closer look . I ' ve reserved my comments 25 so far in our discussions . I spent 18 OCTOBER 7, 2025 REGULAR MEETING 54 1 years in the Trustee Office, 12 as a 2 Clerk and 6 as a Board member . And 3 these issues that we ' ve talked tonight 4 are not new . We ' ve talked -- we ' ve had 5 the same issues . We ' ve made changes 6 over the years . And, you know, all the 7 comments that Greg said about riparian 8 rights and it ' s that balance , that 9 delicate balance of, you know, we all 10 care about our environment, but we all 11 want to be able to utilize the 12 properties as well . And I remember 13 when this flow through decking came 14 out, I was excited because I say, oh, a 15 chance that people can actually utilize 16 their properties , go over the marsh 17 without destroying the marsh . And we 18 did some areas where we said, you know, 19 a canoe dock only . You know, you can ' t 20 have the float and the walkway, just 21 the fixed portion . So we ' ve made 22 changes along the way . So I ' d like to 23 take a look at a lot of these changes 24 again and keep moving forward with it . 25 SUPERVISOR AL KRUPSKI JR . : Go OCTOBER 7, 2025 REGULAR MEETING 55 1 right ahead, Anne? 2 COUNCILWOMAN ANNE SMITH : I was 3 going to ask how long do you want to 4 keep it open for and what other 5 discussions do we want to have? 6 SUPERVISOR AL KRUPSKI JR . : Well , 7 I think just timeline-wise -- 8 TOWN ATTORNEY PAUL DECHANCE : I 9 would ask that the Board to consider a 10 motion to hold the matter open until 11 November 6th for written comment in 12 addition to what the Board heard this 13 evening . 14 SUPERVISOR AL KRUPSKI JR . : And I 15 want to thank the Trustees for coming . 16 It is a -- you ' re on the front lines . 17 I was there for 20 years and it ' s a -- 18 it ' s a difficult job . So thank you for 19 your service to the Town . 20 COUNCILMAN GREG DOROSKI : So 21 written comment only? 22 SUPERVISOR AL KRUPSKI JR . : Well , 23 I get comments verbally also . So if 24 you insist on only written, that ' s 25 fine . But no, any comments . OCTOBER 7, 2025 REGULAR MEETING 56 1 COUNCILMAN GREG DOROSKI : Is it 2 also worthwhile though to request the 3 Trustees come into Work Session to 4 discuss any of these at this point? 5 COUNCILWOMAN DOHERTY : I think 6 maybe we should consider going back to 7 Code . Paul , can we do that? 8 TOWN ATTORNEY PAUL DECHANCE : We 9 have an open Public Hearing . I would 10 request that the Trustees clarify that 11 one definition concerning their 12 percentages , whether it be value of the 13 dock, value of the work to be 14 conducted . Looks like we ' re going to 15 have that now . But that would be some 16 of the written comment I would expect . 17 I would not -- because we have an open 18 record, the Board eventually needs to 19 close it, but everything that ' s part of 20 the record has to be in this process 21 and not in a Work Session . 22 LIZ GILLOOLY : Sure . I mean, I 23 think that one thing the Board of 24 Trustees would request is that you 25 separate out any of these concerning OCTOBER 7, 2025 REGULAR MEETING 57 1 parts of the proposed updates and make 2 those a separate issue rather than 3 holding up definitions , which don ' t 4 seem to have any impact . You know, the 5 community is not worried about those 6 definitions . I think the sooner we get 7 those in our code, the better . When it 8 comes to the 25 versus 75 , it ' s already 9 in the code as 250 . We ' re asking -- 10 sorry, it ' s already in the code as 750 . 11 We ' re just asking to change it to 25 . 12 So if it wasn ' t clear at 75 , it ' s still 13 not clear . But I think it ' s a change 14 that is necessary to limit the amount 15 of structure that is changed . And this 16 is per calendar year, so it actually 17 encourages people to continuously do 18 maintenance on their structures within 19 Trustee jurisdiction . So I think it is 20 a good change . And if the clarity 21 wasn ' t there before , it ' s -- you know, 22 that ' s something that you guys can work 23 on a little bit later . But I think 24 making the change sooner is probably 25 beneficial overall . OCTOBER 7, 2025 REGULAR MEETING 58 1 COUNCILWOMAN DOHERTY : Yeah, and 2 that ' s a big shift . So I think that 3 deserves a little more conversation . 4 LIZ GILLOOLY : Absolutely . 5 Welcome to do that . I just wanted to 6 clarify that . We aren ' t the ones who 7 came up with the idea of putting in a 8 percentage without clarity on whether 9 it ' s the value of the structure or the 10 percentage . 11 COUNCILWOMAN DOHERTY : No, no, I 12 understand . 13 LIZ GILLOOLY : That ' s how the code 14 was written . So I ' m just responding to 15 that . 16 COUNCILWOMAN DOHERTY : Thanks for 17 that . 18 UNKNOWN SPEAKER : I just have a 19 concern about the November 6th date . 20 We have an election on November 4th . 21 Is it not possible to vote on this 22 beforehand? 23 COUNCILWOMAN DOHERTY : I don ' t 24 think we would be voting on it on the 25 6th . We ' re just going to bring it back OCTOBER 7, 2025 REGULAR MEETING 59 1 and maybe close the hearing on the 6th . 2 We ' re leaving the hearing open until 3 the 6th . That doesn ' t mean we ' re going 4 to vote on that night . 5 UNKNOWN SPEAKER : -- voting on it 6 before the election -- 7 COUNCILWOMAN DOHERTY : It ' s the 8 5th . It ' s the next meeting . It ' s 9 Wednesday, November 5th . It ' s our next 10 Town Board meeting . 11 UNKNOWN SPEAKER : No, no, I guess 12 my question is , if it wasn ' t for that, 13 would you be voting on it before the 14 election? 15 SUPERVISOR AL KRUPSKI JR . : It ' s 16 not about that . We got a lot of 17 comments that are very important . 18 UNKNOWN SPEAKER : Yeah, okay . 19 COUNCILWOMAN DOHERTY : This is our 20 normal process with a Public Hearing . 21 We don ' t always vote on a hearing the 22 night that we close it . 23 UNKNOWN SPEAKER : That is what I 24 was asking -- 25 COUNCILWOMAN DOHERTY : And we ' re OCTOBER 7, 2025 REGULAR MEETING 60 1 not closing the hearing . We ' re leaving 2 the hearing open until our next Town 3 Board meeting, which is Wednesday, 4 November 5th . And we ' ll most likely 5 close the hearing at that juncture , but 6 it doesn ' t mean we ' ll be ready to vote 7 on it at that juncture . We could still 8 deliberate and vote on it at another . 9 UNKNOWN SPEAKER : Okay, thank you . 10 TOWN ATTORNEY PAUL DECHANCE : So 11 just to clarify, this matter will not 12 be on the Board ' s calendar on October 13 21st . It will be next on the Board ' s 14 calendar as an open and -- as an open 15 hearing on November 5th . And at that 16 point, all the written comments , all 17 the comments will be received and the 18 Board can choose to close the matter 19 then . And if it closes it, it may 20 decide it or it may decide it at a 21 future date . 22 SUPERVISOR AL KRUPSKI JR . : Yes . 23 Jerry? 24 I approach the board . 25 SUPERVISOR AL KRUPSKI JR . : Oh, OCTOBER 7, 2025 REGULAR MEETING 61 1 yeah, please . Please give it to the 2 Clerk and he can distribute it to us . 3 COUNCILWOMAN DOHERTY : So did we 4 have a resolution to recess the Public 5 Hearing until -- 6 SUPERVISOR AL KRUPSKI JR . : Not 7 yet . I just want to make sure there ' s 8 done with the comments . 9 TOWN ATTORNEY PAUL DECHANCE : So 10 at the conclusion of the comments , the 11 motion is to hold open until November 12 5th, not to recess . 13 COUNCILMAN GREG DOROSKI : For 14 written comment only . 15 TOWN ATTORNEY PAUL DECHANCE : For 16 written comment . 17 SUPERVISOR AL KRUPSKI JR . : Well , 18 unless you see Al , then you could talk 19 to him. 20 COUNCILWOMAN DOHERTY : I ' ll second 21 that . 22 SUPERVISOR AL KRUPSKI JR . : Wait, 23 who made the motion? 24 COUNCILWOMAN DOHERTY : Greg just 25 did . OCTOBER 7, 2025 REGULAR MEETING 62 1 SUPERVISOR AL KRUPSKI JR . : Okay . 2 Just to be clear . 3 All in favor? 4 COUNCILWOMAN DOHERTY : Aye . 5 COUNCILMAN GREG DOROSKI : Aye . 6 COUNCILMAN BRIAN MEALY : Aye . 7 COUNCILWOMAN ANNE SMITH : Aye . 8 SUPERVISOR AL KRUPSKI JR . : Aye . 9 COUNCILWOMAN DOHERTY : I ' ll make a 10 motion -- 11 SUPERVISOR AL KRUPSKI JR . : Wait, 12 wait . Let ' s see now . Is there 13 anything anyone would like to say to 14 the Board on any subject at all ? 15 (No Response) . 16 SUPERVISOR AL KRUPSKI JR . : Seeing 17 none , seeing none on Zoom . 18 COUNCILMAN GREG DOROSKI : Make a 19 motion we adjourn . Strike that . 20 COUNCILMAN BRIAN MEALY : We ' re 21 getting into the good habit of 22 announcing good news . Anne and I had 23 started doing that when she joined the 24 Board . And I ' m proud to announce that 25 the Antibias Task Force is having their OCTOBER 7, 2025 REGULAR MEETING 63 1 Helen Wright Award Ceremony on 2 Thursday, October 9 , 2025 , 7 : 00 p . m. to 3 8 : 30 at the Mattituck High School 4 Library, 115-125 Main Road . Everybody 5 knows where the high school is . We ' re 6 honoring Rafael Maurais . He ' s a 7 neighborhood liaison for the Mattituck 8 Cuthchogue Union Pre-School District . 9 And it ' s just proud as a former awardee 10 of the Helen Wright Prince with Anne, 11 who was a former awardee, it just is a 12 nice ceremony . So many things tear us 13 apart and separate us . It ' s a nice 14 unifying ceremony . There ' s punch and 15 cookies . It ' s really celebrating our 16 community and strong community members . 17 If you can come, it ' s a nice 18 opportunity and a nice ceremony to be 19 together with our community . Thank 20 you . 21 SUPERVISOR AL KRUPSKI JR . : All 22 right . Now I have a motion to adjourn . 23 Is there a second? 24 COUNCILWOMAN DOHERTY : Second . 25 SUPERVISOR AL KRUPSKI JR . : All in OCTOBER 7, 2025 REGULAR MEETING 64 1 favor? 2 COUNCILWOMAN DOHERTY : Aye . 3 COUNCILMAN GREG DOROSKI : Aye . 4 COUNCILMAN BRIAN MEALY : Aye . 5 COUNCILWOMAN ANNE SMITH : Aye . 6 SUPERVISOR AL KRUPSKI JR . : Aye . 7 8 (Whereupon, the meeting was 9 adjourned . ) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 OCTOBER 7, 2025 REGULAR MEETING 65 1 C E R T I F I C A T I O N 2 3 I , Jessica DiLallo, a Notary 4 Public for and within the State of New 5 York, do hereby certify : 6 THAT, the within transcript is a 7 true record of said Board Meeting . 8 I further certify that I am not 9 related either by blood or marriage to 10 any of the parties to this action; and 11 that I am in no way interested in the 12 outcome of this matter . 13 IN WITNESS WHEREOF, I have 14 hereunto set my hand this day, 15 October 7 , 2025 . 16 17 17 --b- ------- 18 (Jessica DiLallo) 19 20 21 22 23 24 25