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HomeMy WebLinkAboutTR-10/20/2004Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peg~' A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MINUTES Wednesday, October 20, 2004 7:00 PM RECEIVED Present were: Albert J. Krupski, Jr., President James King, Vice-President Kenneth Poliwoda, Trustee Peggy Dickerson, Trustee E. Brownell Johnston, Esq. - Assistant Town Attorney for Trustees Lauren Standish, Secretarial Assistant Heather Tetrault, Environmental Technician Absent was: Artie Foster, Trustee CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT FIELD INSPECTION: Wednesday, November 15, 2004 at 8:00 a.m. TRUSTEE KING moved to approve, TRUSTEE POLIWODA seconded. All AYES. NEXT TRUSTEE MEETING: Wednesday, November 17, 2004 at 7:00 p.m. WORK SESSION: 6:00 p.m. TRUSTEE DICKERSON moved to Approve, TRUSTEE KING seconded. ALL AYES. I. MONTHLY REPORT: For September, 2004, check for $9,900 was forwarded to the Supervisor's Office for the General Fund. II. PUBLIC NOTICES: Public Notices are posted on the Town Clerk's Bulletin Board for review. Board of Trustees 2 October 20, 2004 III. RESOLUTIONS-ADMINISTRATIVE PERMITS: TRUSTEE KRUPSKI: There are some Wetland Permits that have been postponed. I'd like to go over those. Application for an amendment Gregory Mazzanobile will not be opened. It will be postponed until November. Under Coastal Erosion and Wetland Permits, Number 3, Nicholas Notias will be postponed until November. That's it. 1. Amy Martin on behalf of EDWARD FLANNIGAN requests an Administrative Permit to construct a second story addition to the existing dwelling to increase the bedroom space. Located: 330 South Lane, East Marion. SCTM 38-6-14. TRUSTEE POLIWODA: Is there anyone who would like to comment on this application? If not, I was the only Board Member who looked at this application. It appears to be in the same footprint, just an addition straight up. It's all lawn in front. I find it to be negative in the impact. I don't think anyone would have a problem with it. Any Board Members have a comment? TRUSTEE KRUPSKI: No comment. TRUSTEE POLIWODA: If not, I'll make a motion to approve the Administrative Permit on behalf of Edward Flannigan to construct a second story addition to the existing dwelling to increase the bedroom space. Located: 330 South Lane, East Marion. TRUSTEE DICKERSON: Second. TRUSTEE POLIWODA: All in favor? ALL AYES 2. John Fabb on behalf of SEAN PETERS requests an Administrative Permit to revegetate a cleared area within 100 feet of wetlands. Located: 1910 Bay Avenue, Mattituck. SCTM # 144-3-40.4 MS. TETRAULT: This was a violation and he's come in with a permit and you have a new plan. He brought us a plan. He did his planting of the wetlands and that was approved. And then he continued to do the work within 100 feet. He changed his plans slightly, and he's bringing in new plans tonight. I went out there today I looked at it and measured it. I think it's in good shape. When you write the permit, you may want to take a look at where you're going to allow him to have turf, what kind of buffer for the wetlands or at least have a nonfertilized area closer to the wetlands. But the plantings look really good. I put pictures in the file, Board of Trustees 3 October 20, 2004 if you see them there. The difference is he put this driveway area, which is on the new plan. TRUSTEE DICKERSON: Can you come up, Heather, is this today when you went down today? MS. TETRAULT: Yes. That driveway is brand new it's made of pervious material. It was completely cleared. He's done a lot of planting. This whole area -- are you going to want to put grass in that whole? MR. FABB: No. That's up for your discussion. That's why we're going to try to move forward within the next two days of seeding, so whatever you guys tell us where we should be, we will. TRUSTEE DICKERSON: Just say as per plan. MS. TETRAULT: You can mulch it but no lawn within 50 feet. MR. FABB: As of right now there's no turf area within 50 feet of the wetlands. It's all a mulch area been planted with large conifers. As this new revised plan shows, after the 50 feet I have a 25 foot area from the cobblestone up; is that okay to be planted with a turf area? TRUSTEE DICKERSON: Yes. TRUSTEE KING: What you've got here is fine to me. TRUSTEE KRUPSKI: Why does it say proposed driveway and proposed dwelling? MR. FABB: That's because we took off our original survey, which the measurements were wrong from the homeowner. So the way I have presented this plan to you is actually what is done there now. TRUSTEE DICKERSON: The house and driveway? MR. FABB: The house has been existing, the driveway was changed a little bit. TRUSTEE KRUPSKh I was just wondering, it seemed kind of odd it said proposed. TRUSTEE DICKERSON: Any other comments? Okay, I'll make a motion to approve the revegetation plan for John Fabb on behalf of Sean Peters for revegetated area and also the pervious driveway and the nonfertilized buffer as on the submitted plan. TRUSTEE POLIWODA: Second. TRUSTEE DICKERSON: All in favor? ALL AYES IV. RESOLUTIONS-MOORING AND ANCHORAGE/STAKES: 1. EDWARD JENSEN requests a Mooring Permit in Cedar Beach Creek for a 21 foot boat. Access: Private. TRUSTEE POLIWODA: Is there anyone here who would like to speak on behalf of this application? I took a look at this Board of Trustees 4 October 20, 2004 one. Mr. Jensen depicted three locations he would like, and I'd say his choice Number 1 was the best spot for this mooring, which would be in the back. I believe that it's way up in the back. I'll make a motion to approve Mr. Jensen's request for a mooring in Cedar Beach in choice Number 1; do I have a second? TRUSTEE DICKERSON: Second. TRUSTEE POLIWODA: All in favor? ALL AYES. 2. JANICE RATTI requests a Mooring Permit in Mattituck Creek for a 23 foot boat. Access: Private. TRUSTEE KING: I looked at this, I went up in a boat, took some soundings. The board they had marking the location, I think it drifted offshore, so we're going to be pulling in around 40 feet, between 30 and 50 feet, plenty of water, access off their own property. I didn't have a problem with it. I make a motion to approve. TRUSTEE DICKERSON: Second. TRUSTEE KING: All in favor? ALL AYES. MS. STANDISH: Do you have a measurement offshore? TRUSTEE KING: No. When the day comes he puts the mooring in, if he wants me to come up there we can do it together, so there's no problem. That he could just contact me I'll go up, make sure it's all right. V. APPLICATIONS FOR AMENDMENTS/EXTENSIONS/TRANSFERS: 1. JAMES BUGLION requests an amendment to Permit 5938 to increase the front porches from 4' to 7'6", reducing the front yard setback from 40' to 36'6". Located: 2520 Clearview Avenue, Southold. SCTM 70-10-29.1. TRUSTEE POLIWODA: Is there anyone who would like to speak on behalf of this application? MR. BUGLION: I'm the owner/Applicant, Jim Buglion. I don't feel like there's going to be any negative impact on the wetland. TRUSTEE POLIWODA: I agree. I looked at it, looks like you held your buffer. I don't have a problem going forward on the landward side. Anyone else have a comment for this application? MS. FLEISCHER: I'm Beth Fleischer, at 700 Gegen's Landing. That's my mother Dorothea Fleischer at 700 Gegen's Landing and Marilyn Sobel who's at 830 Gegen's Landing. We're within three houses and two houses of this house. We were looking at the plans and we couldn't quite tell where the Board of Trustees 5 October 20, 2004 extension was, whether it's on the southern face of the house or whether it's coming out on the western face of the house because our concern was if it's coming out on the western face of the house towards Gegen's Landing, the setback -- the other houses in the area do have a fair amount of setback, so we were concerned where that extension's going and when those steps come down from the front porch whether it's getting closer to Gegen's Landing once this extension is granted. MR. BUGLION: Can I answer? TRUSTEE KRUPSKI: Sure. MR. BUGLION: The extension, the variance is the width side, and I was told that the steps don't come into effect of the setback concern, and we're asking for three and-a-half foot. The house is undersized it's a modest, 30' by 40'. It's a seven and-a-half foot porch would give more dimension, more attractive, and my wife keeps worrying about safety with the four foot. So it's facing -- the house is facing Gegen's Landing and that's the steps, where the steps are. TRUSTEE KRUPSKI: Is it constructed now? MR. BUGLION: The house is under construction now. TRUSTEE KRUPSKI: Is the porch constructed? MR. BUGLION: It's temporarily up, yes. TRUSTEE KRUPSKI: Have you seen it? MS. FLEISCHER: Yes, we've seen the porch, again, the concern is in keeping with the other houses in the neighborhood, the setbacks are very deep and while we certainly wish Mr. Buglion the best and the house does look like it's very attractive, we just want to make sure that with this variance being granted, it's not pushing closer and closer and closer to the road and make the neighborhood look cramped. And we are concerned about where the steps are going to go because the house is very high, the first floor is actually higher than most first floors. So with the pitch of the stairs coming down, we're concerned where that starts flowing towards the lot line and toward the Town land there on the east for Gegen's Landing. TRUSTEE POLIWODA: There is a comment that the work has already been done so what you see there is probably the extent of it. MR. BUGLION: The stairs are accurate, it's not going to come further. TRUSTEE KRUPSKI: Our concern is for the impact on the creek. We really don't concern ourselves with the setback to the road. The ZBA would have a final say on that if they needed a variance or whatever. Board of Trustees 6 October 20, 2004 MS. FLEISCHER: We're concerned with the Town strip that abuts Gegen's Landing there, because on the other side of the road it's been left to return more or less to its natural state there by providing habitat to rabbits, birds and whatnot and right now it's all dug out and we were just hoping that that will be allowed to return to its natural state. So thereby it flows gradually down to the wetland easing a transition and providing habitat. That's why we decided to ask the question now when the variance was being given for the porch and not wait to see what would happen with the stairs in case another variance would be needed encroaching on the Town land. TRUSTEE KRUPSKI: That would be more of a zoning issue than a environmental issue. TRUSTEE POLIWODA: I don't know if you have ever seen the survey, there was a line buffer placed by the Trustees on that property. MS. FLEISCHER: On the rear, we're also concerned about the western face. That's also Town land on the west. MR. BUGLION: I also posted a laminated picture of the house in both directions. MS. FLEISCHER: That's why we're here, we couldn't tell what was going on. If you're satisfied that the environmental issues are not connected with this extension, that's okay with us. We just wanted to make sure that the point was raised now and not at a future date when more building had gone on. MR. JOHNSTON: Mr. Buglion, was that built before you made the application for the amendment to your permit? MR. BUGLION: It was almost simultaneous. What I did, I verbally walked to every department and asked them what the chances of getting this approved because it was under construction. MR. JOHNSTON: Did you start to build the porch before you made the application? MR. BUGLION: Yes. But I'm prepared to cut it back. TRUSTEE POLIWODA: Fine. Any other comments on this application? Mr. Buglion, as described it was an as-built, the fee becomes double, the $50 becomes doubled because it was an as-built because you didn't go through the process and then get the permit. MR. BUGLION: Okay. So tomorrow I'll stop by and give a check. TRUSTEE POLIWODA: I'll make an motion to approve the amendment to Permit # 5938 on behalf of James Buglion to increase the front porches from 4' to 7'6". 6 Board of Trustees 7 October 20, 2004 TRUSTEE KING: Second. TRUSTEE POLIWODA: All in favor?. ALL AYES 2. En-Consultants, Inc. on behalf of ROBERT AND HELEN KEITH requests an Amendment to Permit #5700 to construct approximately 58 linear feet of rip-rap on filter cloth and construct approximately 208 linear feet of vinyl Iow-sill bulkhead to backfill with approximately 100 cubic yards of clean sand fill to be planted with spartina alterniflora 12" on center. Located: 995 Willis Creek Drive in Mattituck. SCTM # 123-10-2 3. Eh-consultants, Inc. on behalf of PATRICK SCOLLARD requests an Amendment to Permit # 5701 to construct approximately 59 linear feet of rip-rap on filter cloth and construct approximately 92 linear feet of vinyl Iow-sill bulkhead to backfill with approximately 10 cubic yards clean sand fill to be planted with spar~ina alterniflora 12" on center. Located: 905 Willis Creek Drive, Mattituck. SCTM # 123-10-3 TRUSTEE KRUPSKI: 2 and 3 are really one product. Jim and I did have a conversation with Mr. Keith today, we reviewed that in the field, I don't know if any other Board Members saw this. TRUSTEE KING: Yes, Peggy. TRUSTEE KRUPSKI: We have been out here to the site enough times to know that there is an unusual problem out here and that this is not something that after one site visit we would have approved or ever considered but because of numerous site visits, because of our familiarity with the problem, I don't have -- if there's any other comment I don't have a problem making a motion to approve this rather unusual project. TRUSTEE KING: I think it's a good project. MR. JOHNSTON: It's been represented to me by Rob Hermann as late as 5:00 tonight that the DEC will be sending the revised permit any day now. TRUSTEE KRUPSKI: Thank you. I'll make a motion to approve Number 2. TRUSTEE KING: Second. TRUSTEE KRUPSKh All in favor? ALL AYES TRUSTEE KRUPSKI: As it's the same project, I'll make a motion to approve Number 3, Patrick Scollard, an amendment to Permit 5701. TRUSTEE KING: Second. TRUSTEE KRUPSKh All in favor? ALL AYES. Board of Trustees 8 October 20, 2004 5. EDWARD J, BOYD requests the last one-year extension to Permit 5440, as approved on October 24, 2001. Located: 3825 Robinson Road, Southold. SCTM 81-1-7. TRUSTEE KRUPSKI: We issued a permit, Wetland Permit to replacement of the existing bulkhead within 18", to extend the bulkhead 10' to the northwestern boundary, relocate the existing float parallel to perpendicular, and we want a 10 foot nonturf buffer when the bulkhead is constructed. If we could rewrite that description to say it says now, "after replacement"; it should say within 30 days of replacement. We should try to make it more specific. Because after replacement could be 50 years. MS. STANDISH: Within 30 days of replacement? TRUSTEE KRUPSKI: Right. I'll make a motion to approve that last one-year extension to Permit 5440. TRUSTEE DICKERSON: Second. TRUSTEE KRUPSKI: All in favor? ALL AYES. 6. PAUL AND DEBRA LAMAIDA request a one-year extension to Permit 5650 as approved on October 16, 2002. Located: 4440 Ole Jule Lane, Mattituck. SCTM 122-4-31 TRUSTEE KRUPSKI: Oh, this is that single-family dwelling with deck, with the condition that dry wells and gutters are installed with hay bales placed along the 50' non-disturbance buffer, as depicted on the survey. This is that bulkheaded lot on Ole Jule Lane. It's like sand and dirt and a bulkhead. So I'll make a motion to approve that one year extension. TRUSTEE KING: Second. TRUSTEE KRUPSKI: All in favor?. ALL AYES. 7. Jeff Strong on behalf of STRONG'S MARINE requests a one-year extension to Permit 5654 as approved on November 20, 2002. Located: Camp Mineola Road, Mattituck. SCTM: 122-9-6.2 and 122-4-44.2 TRUSTEE KRUPSKI: I had a chance to go down there today. TRUSTEE KING: 5654 I think was for the new bulkhead towards the office there, if I remember right. TRUSTEE KRUPSKI: We looked at this. MS. TETRAULT: Was it put back the way you asked? Probably may be have a split rail fence in there so it doesn't go further in there. TRUSTEE KRUPSKI: Right. It looks pretty close, pretty well defined. TRUSTEE KING: The phragmites are actually growing Board of Trustees 9 October 20, 2004 in there. TRUSTEE DICKERSON: Are these the recent ones that I took? MS. TETRAULT: No. I took them when we went out last month. TRUSTEE KRUPSKI: 5654 was to remove and replace 288 linear feet of existing timber bulkhead with vinyl and backfill with approximately 200 cubic yards of clean sand to be trucked in from an upland source, maintenance dredge in area up to 20 foot off the bulkheads to five feet Iow water and truck approximately 150 cubic yards of resultant spoils to an approved upland site with a condition that silt retention fencing is installed before the project begins, and that was signed by this Board. I'll make a motion to approve the one-year extension TRUSTEE DICKERSON: Second. TRUSTEE KRUPSKI: All in favor?. ALL AYES 8. Garrett A. Strang, Architect, on behalf of JOSEPH AND THERESE CIAMPA requests a one-year extension to Permit 5667 as issued on November 20, 2002. Located: 650 Beachwood Lane, Southold. SCTM # 90-10-56 TRUSTEE KING: I take it there's been no changes to the original plan, just asking for an extension for the addition pool terrace, dock and catwalk. I'll make a motion to approve. TRUSTEE DICKERSON: Second. TRUSTEE KING: All in favor?. ALL AYES. 9. Garrett A. Strang, Architect on behalf of THOMAS MALONEY requests a one-year extension to Permit #5668, as issued on November 20, 2002. Located: 1475 Smith Drive NoAh, Southold. SCTM # 76-2-3 TRUSTEE KRUPSKI: This is for a permit to an addition to an existing residence including a deck, stone terrace and wall, catwalk which will end at the marsh with the ramp and the float. Structure may include no more than one-third into the water. Relocate the septic system, dry wells for roof runoff, hay bales during construction as per stamped plans. This is Smith Drive North, and it looks pretty standard. Is there any comment on this? Little bungalow on Smith Drive North. It's a rebuild. They call it an addition, it's for a limited dock, a little gutter going up from Goose Creek. We issued a permit two years ago, and they haven't done anything. We were just down there two months ago, and they haven't done anything. That is a motion; do I have a second? Board of Trustees 10 October 20, 2004 TRUSTEE DICKERSON: Second. TRUSTEE KRUPSKh All in favor? ALL AYES. TRUSTEE KRUPSKI: Make a motion to go off the regular meeting. MR. HORTON: Mr. President, may I address the Board briefly? I have another meeting I have to get to. I just want to elaborate. For the record, i'm Josh Horton, Resident Greenport, 210 Fifth Street. There's been a lot of discussion regarding scallop season opening commercial/residential. In my mind, I think we have to take a broader view of this. I really appreciate the hard work that the Trustees have done over the course of my tenure as Supervisor and having participated in a lot of that hard work and the further protection of wetlands and natural resources. I know you're key players because I work with you in your office on a daily basis. The Town Board passed a resolution last night in regard to the scallop season. In my mind, that resolution might have been a little too specific, and I think your approach this evening is of a broader nature and I support that approach. In all fairness to the resource, scallops, shellfish, eel grass, in all fairness to the resource in giving it a chance to proliferate it's important that the rules should faidy apply to all aspects of shellfishing. I want to make that very clear. I also think my thoughts on the matter represent a long term view, a big picture view of the viability, the possibility, my dream, my vision to see what the commercial industry was when I was a child and years before, which is to have a strong, viable commercial shellfish industry. I think it's an admirable goal; I think it's something we should shoot for; I think it's something that we should not lose sight of. There's a balance that hangs in the mix, and that balance is the want and desire of residents to participate in the joy of shellfishing, and I understand that because I have never fished commercially, I've always done it as a resident, and that's my perspective. But in all fairness to balance, in all fairness to equal distribution and equal protection of the resource, I think your approach is a broad one, I applaud it. I want to just say over recent years the investment of the public at large in regards to protection of the natural resource is unprecedented. Millions of dollars, millions of person hours in the year 2004 millions of dollars, millions of research hours, hundreds of thousands of hours of resources, of technical data being collected. Suffolk 10 Board of Trustees 11 October 20, 2004 County, Southold Town putting money forward; when the county and the Town putting money forward, even in support of Comell, that's from the taxpayer, that's from the public, that's from you all, that's from everybody in this room, that's from anybody who signs a check to pay the Town or county. I think it has to be recognized. I think we have to be cognizant of the tremendous investment the public has made. The question we have to ask ourselves, why have they made that investment? They have made that investment because you have worked hard, and other elected officials have worked hard to raise awareness about environmental protection and protecting the resource that we once saw up to our knees, up to our necks in the Peconic Bay and Peconic Estuary at large. I think it's really important to understand that there is a new partner in this. The new partner is public at large. The new partner is public investment, subsidy, if you will at this point in time, subsidy of an industry. And I think if we keep on top of our game, if we keep our eye on the ball, we can turn that subsidy that what's now subsidizing an industry, a small industry, no longer has to be a subsidy because if we work hard enough and we play our cards right, I believe that we can see the proliferation of shellfish back to acceptable levels I think we would all be comfortable with. I'm just asking that we all understand that part of the conversation. It's an important one. In regard to all this, I don't know the exact content of your resolution this evening that you intend passing, as Supervisor, as a resident, as a native, as an everyday citizen, I want to propose that in regard to any further, shellfish activity, particularly activities that have had research monies from Cornell and the Town and county, and I've discussed this with you, Al, and I know you're right on board with it, and I think it's a great idea, but host a series of public information sessions that talk about recent data, that talk about recent updates, that talk about what the efforts have been, talk about what the fruit of those efforts have been and what the fruit can be down the road. I think it's very important because this is something that affects everybody. When I'm here representing the Town, I'm representing every single person in this community, just as you all are, not the farmers, not the baymen, not the Iobstermen, not the school teachers; we're representing everybody really when it comes down to it. I would like to propose that over the course of the next few months, and Cornell can take the lead on this, on this a series of 11 Board of Trustees 12 October 20, 2004 public information sessions either throughout town or in a central location, that can talk about what the impact has been, what's going on and what efforts are underway and what we have to do as stakeholders what our responsibility has to be. I think if that information is made clear, a lot of the debate, a lot of the uncertainty and uncomfortability surrounding the opening and closing of scallop season can be abated, because knowledge is power, and the more we all know the better the situation will be. Given the fragility of the habitat, the scarcity of consistent good seasons, it's not okay to have one good season every now and again, I think we're working toward consistently good seasons. And the magnitude of the restoration efforts that are underway, many factors have to be considered. I know you will do that. I have every bit of faith that you will do it. On another matter in regard to how you may all vote, this issue has come up to me from residents I know you have all discussed it, and this is meant with every bit of respect and every bit of sincerity, but Trustee Poliwoda, I believe in my heart of hearts I believe based on my knowledge of the Town code that you should recuse yourself from voting on whether to open or close shellfisheries in which you may hold a permit and in which you may derive part of your living or all of your living. I think that's imperative, and the reason I think that's imperative is because in public life, the appearance of propriety is as important as propriety itself. And I just ask that you recuse yourself in this discussion. If you need to refer to it in Town code, it's right here in Chapter 10-6, it's available to all of us, and if there are any further questions as to that, do what many of us have done, ask the Ethics Board for their completely unbiased opinion on the matter. But I think in the interest of insuring the public trust, particularly on an issue that millions of dollars have been pumped into of public funding, an issue that you are actively engaged in as part of deriving your living, I think it's incumbent you to recuse yourself in regard to this matter. That being said, I appreciate your time tonight, I know that you will make a fair, balanced and just decision, and I hope you get out of here before midnight tonight. Thank you very much. TRUSTEE KRUPSKh Thank you for your comments, Mr. Horton. And we are considering your suggestion of meeting, actually trying to meet next week to get people who are not only 12 Board of Trustees 13 October 20, 2004 stakeholders involved, commercial and residential, but more importantly, people with technical experience involved. To try to make more of a decision -- it's not only Hallock's Bay this year, it's a possibility of Mill Creek. We might have a scallop set there. We want to make sure we have a sound policy based on, as you said, actual knowledge and information based on how the town should manage its resources. MR. HORTON: I applaud your efforts and I have every bit of confidence you will be successful. TRUSTEE KRUPSKI: We do a have a resolution. Anyone's welcome to stay to the end of the meeting to hear it. We don't want to hold people up. Having said that will make a motion to go off the regular meeting. TRUSTEE KING: So moved. TRUSTEE DICKERSON: Second. TRUSTEE KRUPSKI: Start with the public hearings, Jim, could you take that? 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 FROM THE PUBLIC. PLEASE KEEP YOUR COMMENTS ORGANIZED AND BRIEF. FIVE (5) MINUTES OR LESS IF POSSIBLE COASTAL EROSION & WETLAND PERMITS 1. Bade Stageberg Cox Amhitects on behalf of MARK GORDON requests a Wetland Permit and Coastal Erosion Permit to extend the existing balcony to north face of house and build new deck and pool at north side of property. Located: 63165 Route48, Greenport. SCTM 40-1-14. TRUSTEE KING: Is there anyone here to comment on the application? MS. STAGEBERG: I'm Jane Stageberg. I'm here on behalf of Mark Gordon, who has a property in Greenport, and we have made an application to do several things to the property, to build a deck on the north side of the house, existing house, with an adjacent pool and then we have also proposed to extend a balcony that currently runs on the east side of the house, wrap it around the corner on the water side, the same depth as a four foot deep balcony that wraps around on the 13 Board of Trustees 14 October 20, 2004 north side. We have submitted to the Town a site plan and a large plan of the deck and pool, and also a section through the site that shows the existing topography of that portion of the site, and it shows the pool that requires minimal excavation. It sits largely above the ground and would not require footings or foundation. So we have tried to keep the impact of what we're proposing to a minimum. TRUSTEE KING: Are there request other comments? TRUSTEE DICKERSON: CAC approved? TRUSTEE KING: Yes. CAC recommended approval with the condition that dry wells are installed to contain the pool backwash and the existing elevations are maintained. That's the only note I was going to say, a dry well for the backwash of the swimming pool, other than that it's fine. I'll make a motion to close the hearing. TRUSTEE DICKERSON: Second. TRUSTEE KING: All in favor? ALL AYES. TRUSTEE KING: I'll make a motion to approve the application as submitted with the addition of the dry wells for the pool. TRUSTEE DICKERSON: Second. TRUSTEE KING: All in favor?. ALL AYES. WETLAND PERMIT: 2. PARKER AND BETSY DICKERSON request a Wetland Permit for the existing fixed dock, ramp and floating dock. Located: 1485 Mill Creek Drive, Southold. SCTM 51-6-29. TRUSTEE POLIWODA: Is there anyone who would like to comment on this application? I looked at this file. I know the dock has been there since eternity. I basically grew up on that property on that ramp. The dimensions in the file is measures 2' by 28' and with a 14' ramp and a 5' by 16' dock; does that sound correct? MR. DICKERSON: Yes. TRUSTEE POLIWODA: As far as the CAC they recommend approval of the application with some additions of existing dock and walkways included on a survey by a licensed surveyor. MS. TETRAULT: This is an existing dock, they're selling the house and the new owners are requiring that they have a Trustee permit for the dock. TRUSTEE POLIWODA: Maybe when the new owners, when they transfer the permit then ~- MS. TETRAULT: Then we can request it then. We don't want them to have an additional fee. TRUSTEE POLIWODA: If there are any other Board comments, any other comments? I'll make a motion to approve the existing dock as is, which is 2' by 28' with a 14' ramp and a 5' by 14 Board of Trustees l 5 October 20, 2004 16' foot float. Do I have a second? TRUSTEE KING: Second. TRUSTEE POLIWODA: All in favor? ALL AYES 4. EDMUND J. BAUMANN requests a Wetland Permit to remove trees and establish a rear property driveway for trailer and boat storage/access and plant evergreens on the north property line. Located: 325 Wood Lane, Peconic, SCTM # 86-6-2.2 and 3.3 TRUSTEE DICKERSON: Is there anyone here who would like to speak for this application? Is there anyone here who would like to speak against the application? Jim and I and Heather looked at this. Do you have any questions? TRUSTEE KRUPSKI: I spoke to the applicant. She showed me all the trees she planted. I didn't have a problem, it's just a dirt driveway. She showed me the four trees to be taken out. This was already disturbed here and these trees, this tree here, was -- I didn't see these two, but this tree here was -- that's trimmed almost to a stump. TRUSTEE DICKERSON: What is the purpose? TRUSTEE KRUPSKh Because when they want to bring their boat in, to just to drive around they bring it in hero and unhook it and drive out, and in the spring they could back up and hook up and drive over. There is all lawn and this is like a dirt driveway through the woods hero now. TRUSTEE DICKERSON: You didn't have a problem with the fill? TRUSTEE KRUPSKh That she had no explanation for it. It looked moro like it was dug up than fill place. It wasn't raised. TRUSTEE DICKERSON: No, it was gravelly and it appeared odd. TRUSTEE KRUPSKI: But in the woods if you did that, it would look the same. TRUSTEE DICKERSON: CAC recommended approval of the application with the condition that only the selected trees on the attached survey are removed and the trees within 30 feet of the wetlands on the north property line east of the wetlands should remain. MS. TETRAULT: That's what you were saying too you wanted to keep a buffer. TRUSTEE KRUPSKI: What they have now is kind of a brush pile buffer. All along here. It's kind of like they just piled stuff along the edge. I don't think this is accurate because there's a bank here. There's a steep bank from the edge of the wetland clearly delineated wetlands and a steep bank comes up. (Discussion.) 15 Board of Trustees 16 October 20, 2004 TRUSTEE KRUPSKI: The problem is they've taken out all those pine trees to get through; they have all those pine trees planted on this side also, but making the turn here, that's why they wanted it, make the turn here. Otherwise, if they bring it back they're into all those white pines that they planted and they didn't want to clear those white pines. TRUSTEE DICKERSON: I didn't realize the purpose was to go around. I thought it was just to hide them down at the end here. TRUSTEE KRUPSKI: It's just going to be a dirt driveway. It seemed like a very Iow impact, Iow use. TRUSTEE POLIWODA: I have to recuse myself on this one, this is my brother-in-law's parents and they do give me cookies at Christmas. I don't vote on this one. TRUSTEE DICKERSON: I'll make a motion to close the hearing. TRUSTEE KING: Second. TRUSTEE DICKERSON: All in favor?. ALL AYES. TRUSTEE DICKERSON: I'll make a motion to approve the Wetland Permit to remove the trees and establish a rear proper driveway for trailer and boat storage/access and plant evergreens on the northern property line at 325 Wood Lane in Peconic. Do I have a second? TRUSTEE KING: Second. MS. TETRAULT: Put something on the permit like not piling brush right near the water. TRUSTEE KRUPSKI: No clearing, no grading. MS. TETRAULT: Within how many feet? TRUSTEE KRUPSKI: Outside of that driveway area. TRUSTEE DICKERSON: No clearing and no grading outside the driveway area. TRUSTEE KING: Second. TRUSTEE DICKERSON: All in favor? ALL AYES. TRUSTEE POLIWODA: Recuse. 5. JEFFREY VICTOR requests a Wetland Permit to construct a 4' by 35' fixed catwalk, 5' by 45' fixed dock, a 3' by 15' seasonal ramp and 6' by 20' seasonal floating dock. Located: 1185 Kerwin Boulevard, GreenporL SCTM #53-3-6 TRUSTEE KRUPSKI: Is there anyone who would like to speak in favor of this application? MR. VICTOR: I can clarify anything the Board wants to know. TRUSTEE DICKERSON: Sitting with the CAC they had some major concerns with the application. TRUSTEE KRUPSKI: Let me read their comments. CAC 16 Board of Trustees l 7 October 20, 2004 recommended disapproval of the application because the docking facility would have a negative impact in the wetlands in a pristine area where there are no other structures in the water. Those comments are similar to what · the Trustees saw when they went out to the site, that this is an area that is completely unbuilt. It's an area that's fairly pristine and to put a dock in the middle of it would cause a good deal of segmentation to the natural wildlife in the area and the natural environment there. Any other Board Member have any comment? TRUSTEE DICKERSON: I would agree with the Conservation Advisory Council. TRUSTEE KRUPSKI: Ken, do you have any comment? TRUSTEE POLIWODA: Yes. I took the file up there yesterday, and actually met up with neighbors who are interested in the file. They were shaking their heads saying it was untouched, virgin grounds, and there isn't a docking facility anywhere in that creek on that side. It would be a shame to fragment that area, especially with a large structure like this, you're looking at 130 feet of structure. MR. VICTOR: Would the Board feel more comfortable if it was scaled back quite a bit? TRUSTEE POLIWODA: I believe fragmentation is fragmentation regardless of length. Still fragmenting. MR. VICTOR: Even if we scaled back the floater and the ramp and had the one fixed structure out to the water, do you think that would be a little more favorable to the CAC? TRUSTEE DICKERSON: Having sat on that meeting, I don't think so. I think their feeling was it was a pristine area and that it shouldn't be carved up. That was my understanding. TRUSTEE KRUPSKI: Jim, do you have any comments? TRUSTEE KING: No. Basically same as everybody's thinking, it's an untouched area. I'd like to see some way to access the area, but how you do it in a sensitive way? TRUSTEE POLIWODA: I understand the guise of your whole permit and your grant. I know the Nature Conservancy just took over, I want to say 210 acres outside the creek in the front, and what you want to do is teach kids about oyster culture. MR. VICTOR: It's a grant proposal. We're going to restore that part of the creek. TRUSTEE POLIWODA: I was thinking get in touch with the Nature Conservancy and possibly they will lend you a couple acres out there to plant oysters and restore the creek after 17 Board of Trustees l 8 October 20, 2004 growing them out in the bay, and if it's a show and tell you can bring them in and say this is what we're growing, as an alternative to restoring the creek instead of putting all that structure and cages inside a pristine area of the creek. MR. VICTOR: The Trustees are also in partnership with me in the restoration of that creek, do they feel TRUSTEE POLIWODA: The Trustees are? MR. VICTOR: It's a five star grant proposal, Cornell, myself, Greenport High School, the Trustees. I thought there was an interest from the Town. TRUSTEE POLIWODA: That could be the recommended alternative. Cornell and the Nature Conservancy are close, maybe you can work something out with them. MR. VICTOR: How about something like a catwalk out to the water be considered? The idea is just to keep activity off the wetlands completely so there isn't any degradation to the grasses. TRUSTEE KRUPSKI: We'd like to close the hearing and we'll reserve decision. We'll take into account your comments about having some structure to try and access the water. I make a motion to close the hearing. TRUSTEE KING: Second. TRUSTEE KRUPSKI: All in favor?. ALL AYES. 6. Joseph Schmitt, P.E., on behalf of JOAN SELBY requests a Wetland Permit and Coastal Erosion Permit to install a new reinforced epoxy sheet pile seawall to replace the existing seawall, which is collapsing. Located: 20275 Soundview Avenue, Southold. SCTM # 51~4-8. TRUSTEE KING: Is there anyone here to comment on this application? MR. SHERMAN: Joe Schmitt regrets that he could not be here this evening. My name is James Sherman, I'm an associate of Mr. Schmitt's. I'm here on his behalf. MR. JOHNSTON: Do you have authority to represent the applicant here? How do we know that, sir? MR. SHERMAN: I have no proof of that. TRUSTEE DICKERSON: You need to have some sort of written acknowledgement of that. TRUSTEE KING: Just says I authorize Joseph Smith to apply for permits. TRUSTEE KRUPSKI: There's nothing to prevent this gentleman from commenting on the application. MR. SHERMAN: These are copies of the application. TRUSTEE KING: For the record, the Board of Southold 18 Board of Trustees 19 October 20, 2004 Advisory Council recommended approval with the condition the seawall is replaced in place. I believe it's going to be replaced behind what's existing there right now? MR. SHERMAN: Correct. TRUSTEE KING: This is huge. TRUSTEE KRUPSKh Was it posted? I went and looked the next day. TRUSTEE KING: It's quite a ways east going toward Town Beach. TRUSTEE KRUPSKI: I see that. I didn't have the file and I said I was up that way the next day and I said I was going to look and I didn't find the address and I couldn't find the posting. TRUSTEE KING: They have this huge concrete buttress. MR. SHERMAN: The posting was posted on a huge bimh tree right behind the mailbox. TRUSTEE KING: I would say the wall's three feet out of vertical. Huge concrete buttresses against. I think it's pretty extensive. The only question I had, there's a real old deck up on the bluff, behind the house to the left of the stairway, it's really going to fall over. MR. SHERMAN: Part of the application is to rebuild that in place. TRUSTEE DICKERSON: It is? MS. TETRAULT: It's on the -- TRUSTEE KING: It's really in bad shape. It's actually beyond the coastal erosion line. My recommendation would be to extend the secondary vinyl bulkhead that's up there, extend that over to the stairs and do away with that deck because I just can't see it working. If that vinyl bulkhead goes right across to the east of the stairs then that's going to save that whole bluff, right now it's really in bad shape, and the deck is very unsafe at this time. I think it's inappropriate to try to fudge that in like that. To put that bulkhead across to the stairway, that's going to be a job. You're going to access from the land around the side of the building, do some clearing? MR. SHERMAN: Yes. TRUSTEE KING: It's sorely needed. If there's no other comments, I'll make a motion to close the hearing. TRUSTEE DICKERSON: Second. TRUSTEE KING: All in favor? ALL AYES. TRUSTEE KING: I'll make a motion to approve the application with the stipulation that the upper retaining wall be extended to the east to the stairway going down, the deck is to be removed, and that's it for me. Do I have a second? 19 Board of Trustees 20 October 20, 2004 TRUSTEE DICKERSON: Second. TRUSTEE KING: All in favor? ALL AYES. MS. STANDISH: New plan on that, right? TRUSTEE KRUPSKI: New plan. 7. Leo Alessi on behalf of TED DOWD requests a Wetland Permit to maintenance dredge the entrance of Fairhaven Inlet. Located: Cedar Beach, 1775 Inlet Way, Southold. SCTM 91-1-8. TRUSTEE KRUPSKI: Is there anyone who would like to speak in favor of or against the application? MR. ALESSI: My name is Leo Alessi. TRUSTEE KRUPSKI: It's a standard request, right? MR. ALESSI: Yes. It's the same as the one that was approved three times. TRUSTEE KRUPSKI: Yes. We've been out there numerous times. It's a maintenance operation we have approved in the past, I have no problems with it. That's where we always approved it in the past, right here, which, I guess washed in faster right there? MR. ALESSI: The problem we had with the first area was the DEC dredges, it disappears, so we used the secondary area as more fruitful, and that huge area that Cape American beach grass grows right through it. We're perfectly willing to go with the plan, but by the way, Suffolk County is supposed to dredge again and that's our major concern. After that we'll have more erosion than closing the inlet. TRUSTEE KRUPSKI: I have no problem with either disposal site. If there's no other comment, I'll make a motion to close the hearing. TRUSTEE KING: Second. TRUSTEE KRUPSKI: All in favor? ALL AYES. TRUSTEE KRUPSKI: I'll make a motion to approve the application, this, I presume, will be under a 10 year maintenance agreement to be dredged? MR. AKESSI: Yes. TRUSTEE DICKERSON: Second. TRUSTEE KRUPSKI: All in favor? ALL AYES. 8. Costello Marine Contracting Corp. on behalf of ARNOLD BARTON requests a Wetland Permit to construct a 4' by 20' stairway leading to a 10' by 20' deck, a 4' by 16' stairway leading to a 6' by 8' deck and a 4' by 16' stairway to a 6' by 8' deck, then a 4' by 14' stairway to a 4' by 20' deck, a 4' by 4' plafform to a 4' by 8' stairway ending at the beach. Located: 5295 Nassau Point Road, Cutchogue. 20 Board of Trustees 21 October 20, 2004 SCTM # 111-9-13. TRUSTEE DICKERSON: Is there anybody here who would like to speak for or against this application? MR. COSTELLO: John Costello, Costello Marine Contracting on behalf of the application of Arnold Barton. I came in at the 11th hour. The application was supposed to be submitted by others and much of the job in the old stairway that was there previously has been taken out, and by the time I got on the site, we tried to use the elevations and the existing vegetation to dictate exactly the design and the layout of the stairs. He originally made a submittal of the drawing where he thought they might have been, but they were so deteriorated that he couldn't define it. I attempted to define it. I found some posts, and I tried to come up with this plan to show exactly what I thought was there. If you visited the site you can see that getting down to the beach was a major problem. TRUSTEE DICKERSON: I was the only one who visited the site, and I also sat in on the Conservation Advisory Council the other night and, Al, you may want to comment when we looked at this in the office about the platforms that they are many and large and that was the concern of the Conservation Advisory Council. TRUSTEE KRUPSKI: Generally we just like to make stairs. If you need a landing, it would be 4' by 8'. MR. COSTELLO: There are so many turns, and the fact of the matter is environmentally, there is a large hump of sand where the large deck is being proposed, there is major sand that was trucked in at that site at that location, and that will have to be leveled out in some degree in order to install a stairway leveled off. if you navigated up and down that cliff, you'll understand more why. TRUSTEE DICKERSON: That I didn't do. Conservation Advisory Council recommends approval of the application with the condition that the stairs are constructed with approximate landings 4' by 4' or smaller, and there's no change in the bluff. TRUSTEE KRUPSKI: Normally we have allowed 4' by 8' landing because a 10' by 20' deck is really large. I don't have a problem with a 4' by 20' deck at the bulkhead. MR. COSTELLO: It's a walkway because they want to revegetate at the bulkhead line with beach grass and just have access to the beach. Even though the plan says deck, that is basically a 20' walkway. TRUSTEE DICKERSON: Would you be willing to change it? MR. COSTELLO: I'm not the owner of the property. Like I 21 Board of Trustees 22 October 20, 2004 say, I came in at the 11th hour, I just made the submittal on trying to determine what had possibly preexisted. What they did was bring in most of that fill and the retaining walls on site, was all brought in. They lost it all one rainstorm and they brought in a lot of fill, and what happened they had to terrace it off because the fill was going over top the bulkhead onto the beach. When they did that, there is one big pile of fill at the bottom of the retaining walls. That is the only reason that larger deck is proposed at that site. It has to be leveled off. TRUSTEE DICKERSON: Do you want to change what you have? MR. COSTELLO: I would rather get an approval. I was supposed to have a stairway built to the beach early on in the year but other circumstances prevented that. TRUSTEE KRUPSKI: Can't we make it a stairway with a 4' by 8' landing instead of a 10' by 20' deck, extend the stairway down? MR. COSTELLO: We can, absolutely. I'd rather have some approval so I can tell the person he can get to the beach this next fall. But environmentally, I'm sure that it's not doing any damage, but this is the Board that approves it. TRUSTEE DICKERSON: What is your recommendation, Al, so I get this right? TRUSTEE KRUPSKh I'm just going to take a quick reference to the new code. TRUSTEE DICKERSON: Decks and platforms 97-27 A, platforms associated with stairs may not be larger than 16 square feet. TRUSTEE KRUPSKI: There you go. MR. JOHNSTON: 27 A6. TRUSTEE KRUPSKI: A 6, thank you. 16 square feet. MR. JOHNSTON: For each platform. TRUSTEE KRUPSKI: I mean, I thought the intention was a 4' by 8', which would be a 32, 16 is a pretty small platform. Then how about if we grant this permit -- what do they want three platforms? How about we grant it for six platforms? TRUSTEE DICKERSON: Six. TRUSTEE KRUPSKI: According to the code we can't allow a 32. We're going to give him six platforms in three locations. The result will be three 4' by 8' platforms including the deck at the bottom is not counting as a platform. We'll call it a deck. MR. JOHNSTON: Don't call it a deck. Call it a walkway. TRUSTEE DICKERSON: Anyone else who would like to speak to this? MR. COSTELLO: What the confusion is, there was a deck of 22 Board of Trustees 23 October 20, 2004 some sort, when they built the retaining walls, they built the retaining walls, now you need a stairway to go over to get to the deck that was preexisting, but you can't get there without a stairway. So that throws the whole equation off and the code off, because if they hadn't put the retaining walls in there, it would have been an easy thing. You didn't need the stairway. TRUSTEE KRUPSKI: That code needs to be corrected. TRUSTEE DICKERSON: The revision would be on 97-27Z, number 6 to change the 16 square feet to 32 square feet. So the hearing is closed, I have a second. All in Favor? ALL AYES. TRUSTEE DICKERSON: Make a motion to approve the application for Arnold Barton for a Wetland Permit to construct three 4' by 8' platforms with stairways and a 4' by 20' walkway on the top of the bulkhead. 5295 Nassau Point Road. TRUSTEE KRUPSKI: The platform and the stairs going down off the bulkhead. TRUSTEE DICKERSON: And the 4' by 4' platform and stairs going down to the beach. TRUSTEE KING: Second. TRUSTEE DICKERSON: On submission of a new plan. All in favor? ALL AYES. 9. Proper-T Permit Services, Inc. on behalf of KATHLEEN NEUMANN requests a Wetland Permit to renovate and expand the existing two-story single-family frame dwelling with additions to the living space of 1,136 plus/minus square feet and the addition of surrounding porch spaces of 1,895 plus/minus square feet, the final structure having overall dimensions of 64' 8" by 68' and to install a new on-site sewage disposal system. Located: 750 East Mill Road in Mattituck. SCTM # 107--1-1. TRUSTEE POLIWODA: Is there anyone that would like to speak on this application? MR. FITZGERALD: Yeah, Jim Fitzgerald on behalf of Mrs. Neumann. It's pretty straightforward. It's an older house that Mrs. Neumann would like to renovate and expand. Much of the square footage is devoted to porches, which would be on posts and not on an excavated foundation. TRUSTEE POLIWODA: How much wetland buffer is there? I see wetland buffer placed on that? MR. FITZGERALD: I don't know, I would have to ask Mr. Young about that. I think it's shown as 100 feet from the line of the wetlands. 23 Board of Trustees 24 October 20, 2004 TRUSTEE POLIWODA: Looks like 100 feet. MR. FITZGERALD: It's a misnomer. It should say if it's there at all that it's the limit of the Trustees' jurisdiction. TRUSTEE KRUPSKI: Did you two look at this last week, Ken, did you see it? TRUSTEE POLIWODA: No, not this one. TRUSTEE KRUPSKI: We looked at this a couple months ago for a dock rebuild. TRUSTEE DICKERSON: I remember that, yes, we were. TRUSTEE POLIWODA: Okay. TRUSTEE KING: I'm going to recuse myself, they're my neighbors. TRUSTEE POLIWODA: We gave them the dock extension. The house was fairly up there. It was a slope I recall, maybe we'll have to recommend some hay bales during construction. How steep is that Jim, maybe two rows of hay bales? TRUSTEE KING: I think one row. TRUSTEE POLIWODA: Any other comments, roof runoff, dry wells. TRUSTEE KRUPSKI: Where is the septic system? MR. FITZGERALD: Where is it now located? TRUSTEE KRUPSKI: Yes. MR. FITZGERALD: I don't know. Where is it now located? MRS. NEUMANN: It's on the side of the house. MR. FITZGERALD: But there will be a completely new system installed and the existing system will be abandoned according to the Health Department requirements. TRUSTEE POLIWODA: CAC recommended approval with the condition that hay bales were placed down prior to construction, dry wells are installed to contain the roof runoff, gutters and a swale is built around the creek side of the house in order to stop the runoff. I don't know, do we want to go as far as a swale around the house? I think the hay bales during construction to keep things in. TRUSTEE KRUPSKI: Did you say gutters and dry wells, we'd just like to see that on the plan. MR. FITZGERALD: We'll put the hay bales and the dry wells for roof runoff on the plan. TRUSTEE POLIWODA: Okay. Can I make a motion to close the public hearing? TRUSTEE DICKERSON: Second. TRUSTEE POLIWODA: I'll make a motion to approve the Wetland Permit on behalf of Kathleen Neumann with the stipulation that they put up the hay bales line during construction and on the survey include gutters and dry wells as well as on 24 Board of Trustees 25 October 20, 2004 the house. TRUSTEE DICKERSON: Second. TRUSTEE POLIWODA: All in favor?. Aye. TRUSTEE DICKERSON: Aye. TRUSTEE KRUPSKI: Aye. TRUSTEE KING: I'm recusing. MR. JOHNSTON: Show that Mr. King recused himself. 10. Proper T. Permit services on behalf of ALEX KOUTSOUBIS requests a Wetland Permit to construct an in-ground swimming pool 20' by 40' with surrounding stone or concrete grade-level patio 10' wide on each side and with a surrounding security fence as required. Located: 1610 The Strand, East Marion. SCTM # 30-2-64 TRUSTEE POLIWODA: Any comments? MR. FITZGERALD: I don't have anything to add to the material that's in the application. TRUSTEE POLIWODA: It's well up on top of a bluff and 30', 32' behind the top of the bluff looking at the overall project compared to the overall amount of dirt on that cliff, which is well-vegetated, I'll note. I don't think it will cause any environmental damage at all. It is sloped back towards the house. Only thing it needs dry wells for the pool backwash. MR. FITZGERALD: Sure. TRUSTEE POLIWODA: I'll make a motion to close the hearing if there's no other comments on this. TRUSTEE DICKERSON: Second. TRUSTEE POLIWODA: All in favor?. ALL AYES. TRUSTEE POLIWODA: I'll make the motion to approve the Wetland Permit on behalf Alex Koutsoubis for the swimming pool and include the backwash dry wells for the swimming pool. Do I have a second? TRUSTEE DICKERSON: Second. TRUSTEE POLIWODA: All in favor? ALL AYES. 11. Suffolk Environmental Consulting, Inc. on behalf of MARILYN P. ANGELSON requests a Wetland Permit to construct a approximately 4' by 88' long stairway in order to provide access to shoreline of Long Island Sound from the top of the bluff. The stairway will be between 4' and 6' above the existing grade, and terminate at the bottom of the bluff plus/minus 35 feet landward of the high water mark. Located: 28079 County Road 48 in Southold. SCTM # 73-6-1. TRUSTEE POLIWODA: I got down there I didn't see any stakes in the ground. I went down by the vineyard puddle 5 Board of Trustees 26 October 20, 2004 after puddle, terrible. I was happy I was in a truck. I looked down the bluff, I didn't have a problem. Any other Board Member comments about the stairs? Straightforward stairs. If not, I'll make a motion to close the public hearing. TRUSTEE DICKERSON: Second. TRUSTEE POLIWODA: All in favor? ALL AYES. TRUSTEE POLIWODA: I'll make a motion to approve the Wetland Permit on behalf of Marilyn P. Angelson for a 4' by 88' long stairway. TRUSTEE DICKERSON: Second. TRUSTEE POLIWODA: All in favor? ALL AYES 12. Coastal Consultants, Inc. on behalf of PECONIC LAND TRUST requests a Wetland Permit to replace in-kind/in-place three existing weirs/wave breaks; resurface approximately 280 linear feet of existing timber bulkhead with PVC corrugated sheathing within an existing hatchery trough; maintenance dredge a 6' below mean Iow water to removing approximately 140 cubic yards of clean sand from area of approximately 700 square feet within the weir; dredge to minus 4 mean Iow water approximately 265 cubic yards of clean sand fill from an area of approximately 2,400 square feet within hatchery trough; excavate/clean out an approximate 40' long culvert connecting the hatchery trough on the north side of the building and the lagoon on the south side of the hatchery removing approximately 80 cubic yards clean sand; disposal of approximately 580 cubic yards total of clean sand dredge material upland on applicant's property with capacity of approximately 640 cubic yards raising grade approximately 2'; all dredging to be undertaken twice over 10 years with disposal of the second dredging upland on the applicant's property or in approved upland disposal site. All dredge material is clean sand. Replace existing Quonset Hut building with a Morton Steel or equivalent building. Located: 10273 North Bayview Road Extension, Southold, SCTM 79-5-20.2. TRUSTEE KRUPSKI: There's no one here to comment. MS. TETRAULT: Pam Green called and said, do I need to be there; didn't we kind of answer all your questions? And Karen is in Italy. But they did send these new plans that has the height of the building, this just came. TRUSTEE KRUPSKI: We did ask to finalize the height of the new building to replace the Quonset Hut and to put a 10 year maintenance thing on the dredging of the weir, which they did. We also made it clear for the record, that this 26 Board of Trustees 27 October 20, 2004 application will be approved for the physical plant to restore the physical plant to good condition to the owner, in this case the Peconic Land Trust, and that any activities on the site from an aquaculture operations would have to receive separate permits from this Board. This permit is not to operate. This permit is to rebuild and reconstruct and maintain that. Since there's no one here, I'll make a motion to close the hearing. TRUSTEE DICKERSON: Second. TRUSTEE KRUPSKI: All in favor? ALL AYES TRUSTEE KRUPSKI: I'll make a motion to approve the application as amended with the condition that the derelict boat be removed and that all the floats associated with that boat be removed within 60 days of permit issuance. TRUSTEE POLIWODA: I'll recuse myself from this one. TRUSTEE DICKERSON: Second. TRUSTEE KRUPSKI: All in favor?. Aye. TRUSTEE DICKERSON: Aye. TRUSTEE KING: Aye. MR. JOHNSTON: Let the record show that Trustee Poliwoda recused himself. 13. En-Consultants, Inc. on behalf of EAST OF EDEN, LLC requests a Wetland Permit to construct a 4' by 68' set of timber stairs/platform down bluff face to provide access from upland to beach. Located: 1380 Sound Drive, Greenport. SCTM # 33-3-19.25 TRUSTEE POLIWODA: I took a look at this, CAC recommends approval of the application with the condition that the existing swale on top of the bluff be maintained. There is a pervious walkway and the top of the bluff is replanted in order to stop erosion. Let me show the Board, see how this earth road, it runs here from this property. This is a good earth road. It runs along the bluff you can easily drive a car or truck on it. They're asking for the stairs, I'm imagining -- this is what I visualize -- the stairs will come to here, stop and start again on the other side. TRUSTEE KRUPSKI: Is there a cross section? TRUSTEE POLIWODA: No. They go right across the road. TRUSTEE KRUPSKI: Table this. TRUSTEE POLIWODA: I was going to recommend -- that's what I thought that meant. TRUSTEE KRUPSKh Why would you cut that access off? TRUSTEE POLIWODA: It's their property. I thought of that in the truck on the way home. If I own that property, who are these people to walk across my property. 27 Board of Trustees 28 October 20, 2004 TRUSTEE KRUPSKI: That's useable, that road is useable? MS. STANDISH: The adjacent property owner sent in a letter, no objection to that. It's the subdivision. TRUSTEE KRUPSKI: Which neighbor? TRUSTEE POLIWODA: It's a property rights issue, who are we to say this person could use is this? Property right issues. TRUSTEE POLIWODA: I'll make a motion to close the public hearing. TRUSTEE DICKERSON: Second. TRUSTEE POLIWODA: I'll make a motion to approve the stairs down to the bluff on behalf of East of Eden as depicted. TRUSTEE DICKERSON: Second. POLIWODA: All in favor?. ALL AYES. KRUPSKI: Make a motion to go back to the regular TRUSTEE TRUSTEE meeting. TRUSTEE TRUSTEE TRUSTEE POLIWODA: Second. KRUPSKI: All in favor? ALL AYES. KRUPSKI: We have just one resolution. TRUSTEE POLIWODA: I want to know something before we make the resolution. Was Josh's comment public hearing? TRUSTEE KRUPSKh No. Just public comments. TRUSTEE POLIWODA: Personal public comments? TRUSTEE KRUPSKI: Personal public comments. TRUSTEE POLIWODA: He's publicly asking me to recuse myself. So that is public comment. Why couldn't we have a full forum of people saying, no, Josh, Kenny's a bayman, who do you want to vote on this? Plumbers, electricians? I don't think what he said was appropriate for this hearing. His comments should be null and voided. TRUSTEE KRUPSKI: They're not part of this at all. They're just generic comments. TRUSTEE PQLIWODA: I don't think it was appropriate. He came in here and gave comments and his speech regarding a resolution that wasn't publicly-- TRUSTEE KRUPSKI: Generic comments just like Mrs. Jones's comments. TRUSTEE POLIWODA: She was on our agenda. He walked out in the middle of the crowd. Who is he to have that right? I'm baffled on the recusation he's asking for. TRUSTEE KRUPSKh That's a generic comment. Anyone could have said anything during the whole meeting. We wouldn't have shut anyone down. TRUSTEE POLIWODA: Sounds like he had prior knowledge of our resolution, which obviously he did, where the rest of the public don't have any idea what your resolution is. Probably a number of baymen rigged up, ready to go tomorrow. 28 Board of Trustees 29 October 20, 2004 MR. JOHNSTON: Ken, for the record he was making reference to the Town Board meeting resolution 773 where it says request that the Town Board of the Trustees reconsider resolution, et cetera, et cetera, October 15th at their public meeting, October 20th; did you see that? TRUSTEE POLIWODA: No. MR. JOHNSTON: It's my understanding, based on three of the Councilmen telling me that they sent a resolution over to us, which Lauren and you and I and anyone else has not seen yet, but they supposedly had a resolution that we were to reconsider the decisions, and that's why Edwards was here, for the record, he was going to make a comment too, but obviously -- TRUSTEE POLIWODA: About? MR. JOHNSTON: Asking that we consider their resolution yesterday - "their" meaning the Town Board's resolution -- that we consider our prior resolutions. That's why they were here. TRUSTEE KRUPSKI: Which is appropriate. MR. JOHNSTON: Which is just as appropriate if we go or any other person in the public go to a Town Board meeting. Legally I have no problem with any citizen making any comment they want to here. TRUSTEE POLIWODA: As long as you think it's legal. Because I haven't seen the resolution yet. It's still sitting there. MR. JOHNSTON: I have not seen what the Town Board did. TRUSTEE POLIWODA: Josh has seen the resolution before the Trustees. I haven't seen it. I'm amazed that he's seen it before I've seen it, and it's our resolution. MR. JOHNSTON: To the best of my knowledge, he has not seen this resolution. As a matter of fact, I guarantee he hasn't seen it. TRUSTEE POLIWODA: What is the new science information, I'm not in favor of this at all. He's asking me to recuse myself. Al, you're telling me one thing the other day, now you're throwing new science information that cries out you should be closed. You're one way two days ago now you're going this way today. TRUSTEE KRUPSKI: I was uncomfortable from the beginning on Wednesday, when we started to discuss it. Because I didn't feel we had enough information to make a resolution then. TRUSTEE POLIWODA: You know as well as I do there's science information there that says scallop dredging is not environmental damaging. TRUSTEE DICKERSON: It's all bits and pieces of discussion. 29 Board of Trustees 30 October 20, 2004 We have to have it in writing in front of us and sit down and have dialogue on it. TRUSTEE POLIWODA: Based on new scientific information, you're saying scallop season should be closed. TRUSTEE DICKERSON: No. We're saying it should be closed because we have information we have to evaluate. TRUSTEE POLIWODA: That's the reason we opened it. How can you say it's open one day because of science information, and the next day you turn around and say -- TRUSTEE DICKERSON: He's writing it. TRUSTEE POLIWODA: No, we all rescinded the last motion based on new science information. We're almost foolish. You got guys working out there making a living, and they're going to look at this and say where did this all come from, this is two days ago, now this is last night, and the guys are rigged up, they're leaving five, six in the morning heading up there. Six in the morning they're going to be up there. They're going to say why is this closed. MS. TETRAULT: Give them a day, don't close it. TRUSTEE POLIWODA: Tell you right now big. MR. JOHNSTON: You say to Dezinkowski, it's closed as of today. We're not going to give them a violation or penalty. Peggy, if there was a school accident today in front of your school, and there was no speed limit, we would enact a speed limit right this minute, and the police would give them a day or two before they start giving tickets. TRUSTEE DICKERSON: I agree giving them a transition. MR. JOHNSTON: But the transition isn't in the changing of the rule, it's in the enforcement. TRUSTEE KRUPSKI: You lost me, does that mean give them a day or not? MR. JOHNSTON: No day. Dezinkowski wouldn't give any summonses for people who went out scalloping. TRUSTEE KRUPSKh I say give them a day. Let them scallop tomorrow. TRUSTEE POLIWODA: Give them until Sunday. TRUSTEE DICKERSON: It's as of the 21st or as of the 22nd? TRUSTEE POLIWODA: You guys have to realize the outlook on the week's weather. These guys set pots. I know for a fact these guys threw dredges because it's going to be windy for the next four days, they can't pull pots. They're running up there trying to make a day's pay. They're not harming anything. TRUSTEE KRUPSKI: Give them at least tomorrow. TRUSTEE POLIWODA: They're not harming anything. It blows my mind you're saying based on new marine science 30 Board of Trustees 31 October 20, 2004 information. Just two days ago we said based on new science information we're going to open it, which is the fact, this is factual; this is political. TRUSTEE KING: That's what it's going to turn into. TRUSTEE POLIWODA: We already had the facts. TRUSTEE KING: I sat on the Marine Resource Council for 10 years. That's a council that's made up of 14 members equal parts, recreational and commercial. And for 10 years I watched a feud of commercial people fighting with the recreational people for a resource. And every fight was won by the recreational people. TRUSTEE POLIWODA: This disgusts me, this is all lies. TRUSTEE KING: If this keeps accelerating, that's exactly what's going to happen, you'll be right out of business. I think we should shut this down now and take a look at it. If we can re-open it, we open it. TRUSTEE POLIWODA: We're going to look foolish again. TRUSTEE DICKERSON: All we're asking for is time to look at the information. TRUSTEE KING: I've got serious reservation from the get-go. My question to Brown, if you look at our shellfish code 77-204, we were given the authority to set the season. MR. JOHNSTON: Only the dates not the way. TRUSTEE KING: In 1994, by law, it's a halfa bushel per day, Section B; and Section C says, during the commercial scallop season, scallops may be taken from the Town waters with a dredge or a scrape having an opening not more than 36" and so forth. I don't think we ever had the authority to prohibit dredging. MR. JOHNSTON: I don't either. TRUSTEE KING: We don't have the authority to say you can't go in there and dredge. That's in the Town code. We only have the power to set the season. TRUSTEE POLIWODA: 50, 60 years these guys have been doing this. TRUSTEE KING: Until this is all resolved, I say, let's just stop because if the guys go in there and keep dredging, the phone's going to be ringing off the hook. It's going to be completely political. TRUSTEE POLIWODA: Why is that? TRUSTEE KING: Because I know people. I know the men. They want those scallops and they will think of every excuse, every reason why you shouldn't go in there. If it means calling assemblymen, senators, they will do it. I'm telling you right now, you get the ax. TRUSTEE POLIWODA: Who gets the ax? 31 Board of Trustees 32 October 20, 2004 TRUSTEE KING: The commercial man. You get the ax every time you get in a contest with these recreational people. TRUSTEE POLIWODA: That's why people vote people like me in. It's because they want to see things status quo. They don't want to see things go that way. TRUSTEE KING: This has never come up in this kind of proportion, and it's going to get worse. TRUSTEE POLIWODA: After this one it will. Two days ago we had one that said the opposite. Now what, go back and show everybody this? And they're going to look at this and go these guys are making a living, they expect to make $100, $200 on the hardest days when it's windy. They're trying to make a living up there. TRUSTEE DICKERSON: What's the difference whether we close it for a week and let's say after looking at all the information we have, after a week we decide to open it. Why is that a detriment? TRUSTEE POLIWODA: Because then we start looking foolish. TRUSTEE KING: We already look foolish. TRUSTEE DICKERSON: What is the problem for them a week later? TRUSTEE POLIWODA: Three, four days from now, there are actually guys that actually went down to their boats and put their dredgers on because it's too windy to pull pots. The waves are six feet tall. They can run up there until at least Saturday when the winds calm down, each day. TRUSTEE DICKERSON: And that won't happen next week? TRUSTEE POLIWODA: If you make this motion tonight, they're out of work. They're going to sit on the docks and get so ticked off, they're going to sit in that parking lot and they're going to ask me why is that closed. TRUSTEE KING: How many people are you talking about? TRUSTEE POLIWODA: Four on my dock alone with dredges. TRUSTEE KING: Most we're talking a dozen people? TRUSTEE POLIWODA: Yes, but the reason -- TRUSTEE KING: Look at the numbers. You got a dozen people, how many people are in the SPAT program? This is what I'm telling you, this is what this turns into. TRUSTEE POLIWODA: Do you know most of those SPAT people are for hydraulic dredging. I fought them on that issue in Suffolk County Legislature. Those people are for hydraulic dredging. They want to strip mine the land out in the bay. TRUSTEE KRUPSKI: Make a motion whereas based on new marine science information now available it was resolved that the Southold Town Board of Trustees close all scallop harvesting 32 Board of Trustees 33 October 20, 2004 as of midnight Thursday, October 21,2004, with condition of reconsidering this closure on this season's scallop season after review by this Board and Trustee staff of all relevant information regarding juvenile scallop population and eel grass condition and other relevant information. MS. TETRAULT: Then get some information in writing from each of these people, put it together and read it. TRUSTEE DICKERSON: Second. TRUSTEE KRUPSKI: All in favor? Ken? TRUSTEE POLIWODA: No. TRUSTEE DrCKERSON: Yes. TRUSTEE KING: Yes. TRUSTEE KRUPSKI: And I vote yes. MR. JOHNSTON: Foster is absent. For the record, Ken, you're voting no or recusing yourself? TRUSTEE POLIWODA: I think that's preposterous, I'm not recusing myself. I think it's absolutely preposterous, he wants me to recuse myself as a bayman. What does he want electricians to come up here and say let's decide the scallop season? TRUSTEE DICKERSON: Do we want a time frame for getting this information, making a decision? TRUSTEE KRUPSKI: Make the decision before November 1st. TRUSTEE POLIWODA: I think if Mr. Horton was wise, he could ask five baymen what they decide on how the scallop season should be run since they're the ones making a living on it and working on the water. And they care about the environment probably more than any one of us plus anybody in the Town. TRUSTEE KRUPSKI: We'll take everyone's comment. We should make a decision by November 1st? TRUSTEE KRUPSKI: You have information. Ken said there's information on dredging all over the place. TRUSTEE POLIWODA: In the state DEC. Debbie Barnes' group, they have documentation on scallop dredge as well as masters. TRUSTEE KRUPSKI: That's all we need. MS. TETRAULT: Master's degrees. TRUSTEE DICKERSON: Let's get everything. TRUSTEE KRUPSKh Let's not reinvent the wheel. Let's not do a study. Let's use what's available. TRUSTEE KING: We need to find out as far as our authority on whether it's dredged or not. If it's not our authority it's a Town Board issue. TRUSTEE KRUPSKh We can just close it or just open it. TRUSTEE KING: My feeling is we don't have the authority to 33 Board of Trustees 34 October 20, 2004 mandate the method. MR. JOHNSTON: I agree with you Jim, I'm sorry I missed it. TRUSTEE KING: Al, you remember last year or the year before we tried to limit the amount a recreational harvest per vessel, remember it was half bushel per person, and we wanted to make it one bushel for the boat because they were abusing it? And what happened when it went to the Town Board meeting? TRUSTEE KRUPSKI: Town Board brushed us off. TRUSTEE KING: We got destroyed. TRUSTEE KRUPSKI: I was sitting here and the Town Board ignored me. TRUSTEE POLIWODA: For the record, Ken Poliwoda is not scalloping in the year 2004 due to a herniated disk as well as an inflamed L-5 disk. So I will not benefit from this decision one dollar. Period. TRUSTEE KRUPSKI: For the record, no bayman has ever given me a scallop. Make a motion to close the meeting. TRUSTEE KING: Second. TRUSTEE KRUPSKI: All in favor?. ALL AYES. (Time ended: 9:15 p.m.) 34