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HomeMy WebLinkAboutTR-03/21/2001Albert J. Krupski, President James King, Vice-President Henry Smith Artie Fester Ken Poliwoda 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, March 21, 2001 7:00 p.m. PRESENT WERE; Albert J. Krupski, Jr., President James King, Vice-President Arfie Foster, Trustee (absent) Henry Smith, Trustee Kenneth Poliwoda, Trustee Charlotte Cunningham, Clerk CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT FIELD INSPECTION: Wednesday, April 18, 2001 at 8 a.m. TRUSTEE KING moved to Approve. TRUSTEE P'OLIWODA seconded. ALL AYES NEXT TRUSTEE MEETING: Wednesday, April 25, 2001 at 7:00 p.m. WORKSESSION: 6:00 p.m. TRUSTEE KiNG moved to Approve. TRUSTEE SMITH seconded. ALL AYES APPROVE MINUTES: Approve Minutes of January 24, 2001 and February 21.2001 TRUSTEE SMiTH moved to Approve. TRUSTEE KING seconded. ALL AYES II. MONTHLY REPORT: The Trustee monthly report for February 2001. A check for $2,898.07 was forwarded to the Supervisor's Office for the General Fund. PUBLIC NOTICES: Public Notices are posted on the Town Clerk's Bulletin Board for review. HI. AMENDMEENTS/WAIVERS/CHANGES: DOUGLAS & CAROL RYAN request an Amendment to Permit #5220 to construct 3'x1'55' walkway with ~ inch spacing between planking, 3'x28' ramp and 6'x20 float with 6 inch pilings hand dug recommends plastic vinyl material. Located: 3710 Beebe Drive, Cutchogue SCTM#103-9-2 TRUSTEE POLIWODA moved to Approve the application. TRUSTEE SMITH seconded. ALL AYES MARTIN & DOREEN EVANS request a Waiver to build a 10'x22' deck at rear of house and 6'x27' deck. Located 5050 New Suffolk Avenue, Mattituck SCTM#115-10-3 TRUSTEE KING moved to Deny needs to apply for a minor Wetlands Permit. TRUSTEE SMITH seconded. ALL AYES Proper-T Services on behalf of JOSEPH ZITO requests an amendment to Permit #5104 for a 4'x25' fixed dock elevated 3.5'- above grade. Located: 3600 Deep hole Drive, Matfituck SCTM#115- 17-8 TRUSTEE SMITH moved to Approve the application. TRUSTEE KING seconded. ALL AYES S.E.L. Permits on behalf of MICHAEL & JANE SUEIRO requests an Amendment to Permit #2170 for two 2 pile dolphins. Located 700 Snug Harbor Road, Greenport SCTM#35-5-36 TRUSTEE SMITH moved to Approve the application. TRUSTEE KING seconded. TRUSTEE POLIWODA nay. ALL AYES KEVIN R. MIDDLETON & MARIE JONES requests a One Year Extension for Permit $4968 to construct a 4'x24' fixed dock, elev. A min. of 4' above marsh, a 2-1/2'x15' walk ramp 77' as shown on survey dated 3,24,99 with condition that it includes a drywell for draining, and dock application as submitted on sheet I of 2 of the application on approved plan in the dotted location ata "T" shape configuration. Located: 8516 Main Bayview Road, Southold SCTM87-05-23.1 TRUSTEE KRUPSKI moved to Table the application to reschedule to look at the property.. TRUSTEE KING seconded. ALL AYES. VILLAGE MARINE requests a One Year Extension for Permit //4822 dated 3/25/98 to reconstruct in kind/in place 340-' of timber bulkhead and dredge 10'x268' area adjacent to bulkhead to a depth of 4' at ALW, and 400 c.y. of resultant spoil to be utilized as backfill. Located: Bay Avenue, Mattituck SCTM# 122-03-15,1 THIS WILL BE THE LAST ONE YEAR EXTENSION GRANTED TRUSTEE SMITH moved to Approve the application. TRUSTEE POLIWODA seconded. ALL AYES. En-Consultants, Inc. on behalf of MICHAEL BRAUN request an Amendment to Permit #5191 to construct 4'x9' ramp. 4'x45' fixed catwalk and 4'x5' terminal stairs all supported by 4"x4" posts. Located: 650 Spring Lane. Picnic SCTM#86-5-6 TRUSTEE KRUPSKI moved to Approve the application TRUSTEE SMITH seconded. ALL AYES IV. PUBLIC HEARINGS; THIS IS A PUBLIC HEARING IN THE MATTER OF THE FOLLOWING APPLICATIONS FOR PERMITS UNDER THE WETLAND ORDINANACE 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. ANTHONY SHANNON requests a Wetland Permit to install a 4 foot black chain link fence and for the clearing of brush, planting of trees, shrubs and grass. Located: 3325 Wickham Avenue, Mattituck SCTN#114-04-1.1 TRUSTEE KRUPSKI: Is there anyone here would like to speak in favor of the application? ANTHONY SHANNON: I am Anthony Shannon I have drawings that we spoke about. We had brought into the Tmstee's office early in the week. It was briefly looked at. I was requested to bring the drawings, which I have tonight. TRUSTEE KRUPSKI: Can you bring them up? We will take a look. ANTHONY SHANNON: One concern the Trustee's had brought to us that the possibility of run-off. We have looked to curve that. As best we possibly can. TRUSTEE KRUPSKI: Did you place the row of hay bales there? ANTHONY SHANNON: We did place some hay bales. TRUSTEE KRUPSKI: The CAC recommends removing the chain link fence and replacing it with a split rail. ANTHONY SHANNON: Actually that is something that we had not heard when we had you gentlemen looking at the property. TRUSTEE KRUPSKI: That is a CAC recommendation. ANTHONY SHANNON: We certainly would like to look at. TRUSTEE KRUPSKI: To eliminate the fence completely. ANTHONY SHANNON: When I had you there. You had indicated them was to be a 25-foot buffer zone and you did not want the fence ~mpeding on that buffer zone. That is the understanding that we came away with. What we have done is. We have done is tried to create a natural barrier. TRUSTEE KRUPSKI: But I do not think the plan reflects what we discussed in the field as far a 25-foot non-disturbance buffer. ANTHONY SHANNON: As you look at it probably a large majority of it is within that 25 foot. There is an area that we would impeding on it slightly There will be an area that we will be impeding on the buffer zone, but it will be grass. It is a grass area. We are going to be planting natural grasses within that 25 feet as well as Kentucky Blue grass. TRUSTEE SMITH: But there will be fertilized and things hke that. ANTHONY SHANNON: I will use an environmental fi'iendly fertihze. Agway does offer that. There ~s a fertilizer that I do use. TRUSTEE POLIWODA; You have an open-air tea house. 16 ar 17 feet off. ANTHONY SHANNON: That was an impression that he had put it will actually be a brick area, but again that is the other side of the 25 foot buffer zone. TRUSTEE KRUPSKI: Can you come up here, maybe you did not understand? Here is what would be the wetland line, but you have put the teahouse and lawn in that area. ANTHONY SHANNON: There ~s going to be a sod area there. TRUSTEE KRUPSKI: I do not think that represents a non-disturbance buffer zone. That is not what we mean when we say. If you sit here tonight you can listen to the other applicants. A buffer zone is gmng to be undisturbed. You have a stone path here. We do not have a problem with that. ANTHONY SHANNON: You had said that we could have that The four-foot access. TRUSTEE KRUPSKI: But the patio should not be in it. The grass should be 25 feet. ANTHONY SHANNON: So if we can take that imaginary line and run it Across here. We can have a quiet walk area. TRUSTEE KRUPSKI: It still is to be non-turf and once you plant it. It should be undisturbed. So a walkway will not be a problem, but we do not want to see a patio in there. What you have is rosa rugosa, hair grass, in your buffer. That is going to give you a low storage and is going to preserve. But I think that we want to see that 25-foot area. Planted up with those same materials. ANTHONY SHANNON: We had the conversation when we there. If that is the final.state, that is what we would look to do. We would bring this area full across. TRUSTEE KRUPSKI: Remove the tea house site. ANTHONY SHANNON: Can we have a brick area on the lawn there? TRUSTEE KRUPSKI: Not in the buffer area. ANTHONY SHANNON: When I spoke to the garden design they had indicated that we would be putting this behind that 25 foot buffer. TRUSTEE KRUPSKI: I would be inclined to improve it based upon a plan showing that 25 feet area, planted in the list of species that you have here. TRUSTEE POLIWODA: I would recommend that Chris Pickerall go over there and show him where 25 feet is. TRUSTEE KRUPSKI: They have the line here. I think that we agree on that line. TRUSTEE POLIWODA: We agree. ANTHONY SHANNON: There is a line drawn there: You clearly drew out a line. TRUSTEE POLIWODA: Do you understand where that line is? ANTHONY SHANNON: The only area that I had asked and I would ask if we could, what we are trying to do here. We are just trying to create a smaller area. That we just enjoy a little more yard. We will be leaving a 10 to 15 foot area here. So we are asking that we have a smaller area. TRUSTEE KRUPSKI: The CAC recommends a 50-foot buffer non- disturbed which will bring you back to here. Which we usually do also. We do not allow anyone to put a fence in there. I try to be consistent. TRUSTEEE POLIWODA: If this were new construction it would be 50 feet. ANTHONY SHANNON: We talked about it when we were there it is a shame that it has to be like that. TRUSTEE KRUPSKI: That is the limitations of the property. ANTHONY SHANNON: So it severely restricts our ability. TRUSTEE POLIWODA: I recommend where you put the brick patio that you have some kind of dry well system.. ANTHONY SHANNON: May I approach one of the areas that are here. We are finding now that on Grand Avenue that they putting in a drain system in there. We have talked to the Highway Department and they are actually taking the Dead End sign and pulling it back. What distance I do not know. You have asked us to remove our fence, what is going to happen is in Grand Avenue there is going to be 20 or 30 ft? Where are neighbors now will be able to come down and enjoy access to Long Creek .You asked us to remove our fence and as our neighbors come down and as they bring do~vn their animals. We are afraid that we will not have our fence now that these animals will now be coming off towards us. Is there a possibility that we can keep the fence? TRUSTEE KRUPSKI: If you want you could put a fence on the easterly side of your property? We allow people once you get near the water to put a spht rail section here. So that people would know. YOU cannot put it in the buffer zone. ANTHONY SHANNON: Our intention here would be to create a natural barrier but in the interim. We need some piece of mine. When we have our children in the back yard. TRUSTEE KRUPSKI: But that is public property. That is public as the roads anyone has the right to walk. ANTHONY SHANNON: I am not saying there. I am saying more towards here. Where the fence is currently is. Is there a possibility that we could leave the fence until such time as a natural barrier is created and then removing it.? TRUSTEE KRUPSKI: It is better to have it removed now.at planting. ANTHONY SHANNON: It is more peace of mind since we have a two year old, and another baby on the way. TRUSTEE KING: If you want to keep the fence along the edge of the road I would not have a problem with that. But remove the rest of it. TRUSTEE SMITH: I do not have a problem with the fence down at the end of the road there. Fence across the property I do, ANTHONY SHANNON: There is not a chance of having a small area where we could slightly impede on these 25 feet. TRUSTEE KRUPSKI: I think we are going over-board with these 25 feet already. So do you want to improve it? Subject to 25 feet so it has to be moved back. It has to be moved back on the landward side of it and show a french dram to handle the m-off. ANTHONY SHANNON: So you want me to come back to yon aga'm With a plan that shows the changes. TRUSTEE KRUPSKI: That reflects it. I will approve it subject to the new plan, so bring it into tomorrow. It will be approved tonight. But you must show us the plan before you get your permit. Is there anyone else who would like to speak in favor or against the applicant.? TRUSTEE SMITH: I will make a motion to close the heating. TRUSTEE POLIWODA: Seconded. TRUSTEE SMITH: I will make a motion that we approve the Wetland Permit for ANTHONY SHANNON with the stipulation that the new plans be brought in and has to be looked at by the Trustee's before the permit will be issued. TRUSTEE KING: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES EDWARD LENCESKI requests a Wetland Permit to replace existing dwelling and replace with smaller modular home. Located: 3700 Minnehaha Blvd. Southold SCTM#87-3-5 TRUSTEE KRUPSKI: Anyone would like to speak in favor of the application? Is there anyone would like to speak at all on the application. TRUSTEE POLIWODA: I was there today, and it is straight forward and appr0vable. I just recommend they we place hay bales across the front when construction begins. MRS LENCESKI: Could you please tell me where I can get hay bales? TRUSTEE SM1TH: Agway. TRUSTEE KRUPSKI: Just so that when the house is being constructed no materials can fall into the creek. Who will make a motion? TRUSTEE POLIWODA: I will make a Motion to close the hearing. TRUSTEE SMITH: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES. TRUSTEE POLIWODA: I will make a Motion to Approve the Wetland Permit to replace the existing dwelling and replace with smaller modular home. With the stipulation that hay bales be placed across the front when construction begins. TRUSTEE:KING: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES ROBERT & DONNA MOSQUERA requests a Wetland Permit to remove existing house and update septic system. Located: Hobart Road, Southold SCTM#62-03-06 TRUSTEE KRUPSKI: Is there anyone here would like to speak in favor of the application? PATRICIA MOORE: I am here on behalf of ROBERT MOSQUERA. He has submitted a permit application to this Board. Prior to my involvement in this case and I have looked into the file and I do not believe that the Board has jurisdiction on this one. He had gotten from the New York State DEC with respect to fresh water wetlands which would be the only reason that it would be in your jurisdiction. The DEC wrote to him on February 23 and advised him that there is no regulated wetlands under the Fresh Waster Regulations. However, because it is 150 feet from title wetlands. The title wetlands are actually on the side of Mr. Blsno property, which is the permit that I had submitted to you. Sometime ago, Mr. Blano is the one with the bridge. So I have a letter for with respect to the DEC with no jurisdiction on Fresh Water Wetlands and based (Tape change) TRUSTEE KRUPSKI: What our concerns are and we made some recommendations on field inspection last week. What we would like to see immediately is a line of hay bales placed at the bottomof that grade the settlement (fresh dirt) is flowing into the pond. PATRICIA MOORE: Just to clarify because it is my understanding that is not a pond. It is a sump. TRUSTEE KRUPSKI: Right. PATRICIA MOORE: In fact it is a man-made sump. TRUSTEE POLIWODA: Could a sump be considered a wetland? PATRICIA MOORE: Not according to the DEC, because a sump. Because fresh water wetlands are for the purpose of the habitat that it supports. But the fact that you have reeds does not equate to a fresh water wetland TRUSTEE KRUPSKI: But what we got before us is an application. PATRICIC MOORE: He submitted a Wetland Permit application before I was involved and certainly the. application is there but it was based on this understanding that some how vou had jurisdiction. You do not have jurisdiction. The closest point is 153 feet from title. TRUSTEE KRUPSKI: We disagree with that. That might be an argument but we will not discuss tonight. Because once we describe to the applicant what our recommendations are for a permit' for this. We would like to see hay bales put in place immediately tomorrow. What we want to see is a 40 foot non-turf buffer from the edge of the water towards your house. In other words you would have to plant something not grass if you would have to plant almost anything. Flower beds anything that is goingto grow there, hedges. PATRICIA MOORE: That property .is not very large. TRUSTEE KRUPSKI: We do not want turf flowing into that. ROBERT MOSQUERA: When the pond was dug out all the debris from the pond was placed onto the property. All the water went into the living room of the house. That has been changed a little bit because I raised the house and that has been changed a little bit. So I raised the elevations and now the water does go away from the pond. TRUSTEE KRUPSKI: We are not.saying to re-grade it. We do not want a lawn. PATRICIA MOORE: If you do not have jurisdiction and you do not have the right to invoke the stipulation. TRUSTEE POLIWODA: I would like to make a comment, tonight with this type of rainfall that sump is pouring directly into the creek. So therefore it is affecting our wetlands. I understand your point of the sump not really being a wetland but this one is directly impacting the wetlands. TRUSTEE SMITH: The overflow from the sump goes directly into the creek. PATRICIA MOORE: Into the title wetlands. TRUSTEE SMITH: If it was a sump that completely contained the water And the water filtered down through. This sump does empty out into the creek. PATRICIA MOORE: I understand that I do think it is a good idea for him to put hay bales and eventually landscape the property. Do something with the property. Keep in m'md he does not have to be here. You iSsued a notice of violation. So I think legally you do not have jurisdiction. Whether it is a good idea to put hay bales. I think we can agree that he can put hay bales there I th'ink it is a good idea. It is certainly reasonable. TRUSTEE KRUPSKI: Could you come up here, Pat, and show what has been submitted by the applicant shows the wetland line right up to his property. PATRICIA MOORE: The fact that there is phragmites when you seen that. That is why Eh-Consultants who identifies it. TRUSTEE KRUPSKI: We did not submit that the applicant submitted it. PATRICIA MOORE: It was mapped by En-C0nsultants who identified it. TRUSTEE KRUPSKI: The applicant submitted something to show that it was a wetland. Now you are saying that it is not a wetland. Because the DEC does not say it. PATRICIA MOORE: I read your definition in the Code of what Fresh water wetlands are and it seems to apply in the instance. TRUSTEE KRUPSKI: But it does not take into account the water on a night like tonight main lines directly into the creek. It is title water. So that is why we consider it jurisdictional. That is why we made the recommendations that we did. PATRICIA MOORE: lust to move forward he have to move on. Let us assume that he gets a wetland permit from you. Forty-foot buffer is unacceptable when you only have a yard that is fifty feet. TRUSTEE KRUPSKI: We can make it fifty feet. ROBERT MOSQUERA: You can buy my place. You can have the whole thing. TRUSTEE tCRUPSKI: No interest in buying that. PATRICIA MOORE: That is a tough piece of property. TRUSTEE POLIWODA: I would recommend 25 feet. Since this is a salt- water marsh wetlands more than a sump wetlands. ROBERT MOSQUERA: It is a natural occurring thing, because it goes into the title land. It is piped into the title land. TRUSTEE KRUPSKI: Before that sump was built. It all flowed directly into the creek. That entire sump did was part ora system in the road. That takes in the road run-offbasically drains in the road. Does not filter it drams in the road to slow the water. The sentiment can drop out of the water. Then that water goes into the sump. There the water is treated somewhat and then the water flows out into the creek and into the wetlands. As to before what happened. The water just ran down the road right straight in. Completely untreated. Let me just read the comments fi:om the Conservation Advisory Counsel. They recommended disapproval for the following reasons. The area must be replanted and a planting plan must be provided. There is a concern that the proposed septic set backs from the wetlands all the chemicals that were dumped must be cleaned up, and a violation is recommended. I do not know which chemicals were dumped. ROBERT MOSQUERA: I can proceed from this point on. I can ask that it be twenty feet. Not to be greedy or anything but I am sure you realize that the house is very small. I have applied for a building extension twenty feet from the house going towards the pond. But that would be years or two from now. That would give me a thousand sq. ft. house. I dug it out I put a basement in there. It is a very tiny house. I am looking for twenty feet. That is why everything is the way it is. l just do not have the money now to build this place. If you take the property away from me I will not be able. TRUSTEE KRUPSKI: The limitations of the property are there. ROBERT MOSQUERA: I would like a garage. PATRICIA MOORE: He has tried to clean up the property. Unfortunately the piping. The highway department piped in and the pipe had bent. ROBERT MOSQUEA: Every time it rained there. The water went into my neighbors to the north of me. For five years that woman lived with flooded basement, every time it rained. Fortunately, I moved in and I suggested that the pipe be redirected. Every thing that was up stairs every time it rained it flooded everyfl'fing out. Since the pipes have been changed. The women that live north of me she does not get flooded anymore. TRUSTEE KRUPSKI: I have a letter from the neighbor from the North. Joan Benken PATRICIA MOORE: She has no problem. TRUSTEE KRUPSKI: "I am writing in response to the notification concerning the construction of my neighbors. I understand that an inspection will take place on March 14th. My concern is regarding the flood situation on Hobart Road. The flooding on Hobart is an ever increasing problem. My property is very much affected. The Mosquera have sign cant raised their property by several feet. My fear is that I will not only be flooded by the water that jumps the curb on Hobart but also will be flooded with the run-off from his property that is so much higher. I would like the opportunity to discuss this matter with you. Sincerely, Joan Benken" It does not sound like she has no problem with it. ROBERT MOSQUERA: All the land from the,pond went flowing pass my house into her house. Now that the elevation has changed. All the land goes toward the pond. It is a little higher. Nothing was touched behind there. The blue prints that I had drawn up nothing have been touched. Right now the way that it is set according to the architect who drew the plans if water gets on her property. It will flow behind my property and come in and drop into that pond. The only way she will get flooded. If that pond over rides it bank which it has been doing for five years. That woman is par anode and I do not blame her. [ was there and I have seen ~t. Her place had gotten totally flooded. But there is no more problem with that. The problem was the pipes. The more water that went in their the more the plastic floated. So they do not have that problem anymore. So now the pipes go side way. The water fills in and goes into. They were turned up before. TRUSTEE KRUPSKI: How much fill was brought in here? ROBERT MOSQUERA: Just enough to get the house so it was not flooding. PATRICIA MOORE: That is a town sump and it has not been maintained and has caused problems. ROBERT MOSQUERA: It is pretty bad and has a lot of stuff in it. But I plan on taking that out. There is mental and stuff, and I want to clean it out and take care of it TRUSTEE KRUPSKI: Historically, I think Henry can back it up. The garbage has been dumped there. But not in the last two years. I mean the last fifty years. Those things have been dumped there. Our concern is salutation and nutrients. Reach that which is going to main line right into the creek. That is our concern. I would like to close the hearing. Is there any other comment? Do I have a motion to close the hearing? TRUSTEE SM/TH: So moved. TRUSTEE POLIWODA: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES TRUSTEE SM/TH: I will make a Motion to Approve it with a 25-foot non-turf buffer, that the roofrtm-offbe contained in dry wells and approve the septic system. ROBERT MOSQUEA: Can you make it twenty? TRUSTEE SMITH: Twenty-five. ROBERT MOSQUERA: I plant grass and bushes. TRUSTEE KRUPSKI: No grass non-turf. TRUSTEE SMITH: You can plant ornamental grass. ROBERT MOSQUERA: I have a question my driveway falls within that twenty feet. TRUSTEE SMITH: That is a twenty-five non-disturbance zone. No driveway. Not in that twenty five buffer, TRUSTEE POLIWODA: You can put in a gravel driveway no black top. ROBERT MOSQUERA: A gravel driveway, and then I can drive on it those twenty-five feet. TRUSTEE KRUPSKI: No. If there is a motion and seconded. TRUSTEE POLIWODA: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES. Susan Long Permit on behalf of JACQUELINE MOELLER requests a Wetland Permit to replace washed away 45' jetty with 45' low profile (2.5' high)jetty. Replace washed ayvay 125' jetty with 75' low profile 12 (2,5' high)jetty. Located: 4305 Soundview Avenue, Southold SCTM#68- 1-17.1 TRUSTEE KRUPSKI: Is there anyone here in favor of the applicant. Is there anyone here who would like to discuss the application? GREG YAKABOSKI: Yes, my name if Greg Yakaboski, just for the record I am the Town Attorney for the Town of Southold. On behalf of the To~vn Board. Usually I represent the Trustee's. I have disclosed to the Trustee's that there is a problem between the Trustee's and the Town Board. I have talked to the Trustees and I have not discussed the application with them. Just for the record. In short I would make recommendation or request that this application be tabled or withdrawn. (Tape cutting in and out) I may approach I can show you what I am talking about. TRUSTEE KRUPSKI: I think that there is someone. JOHN HOOKER: I am from Latham Sand & Gravel on behalf of Jacqueline Moeller. GREG YAKABOSKI: I just want to show the Board if that is okay. TRUSTEE KRUPSKI: I think that we understand that. GREG YAKABOSKI: I would like to wrap it up fight now. I think it is a cut and dry issue. No room for decision I am ready to submit for the record. JOHN HOOKER: I see your point. High water now is nowhere near what high water was at any time when any of this was built. If you would like to table it. While we get that ground out. I have no problem with it. TRUSTEE SMITH: I think you have to establish where high water was? Before Goldsmith Jetty was put in. Because Goldsmith Jetty was a man made structure. So when the ground was taken away because of that jetty. It is not a natural occurrence so Jacqueline Moeller could own under water land out in the sound. TRUSTEE KRUPSKI: You look at the rate of the normal erosion compared to the rate of erosion in the shadows of man-made structures is different. GREG YAKABOSKI: I will address that when it comes up and go forward at that time do you want to table it. JOHN HOOKER: Yes are there any other problems there? TRUSTEE KRUPSKI: We will take other comments. GREG YAKABOSKI: If that is the case I will put on the records (cannot understand) the owners is not on board. That is my point TRUSTEE KRUPSK,I: We are going to table it that is fmc. People are here tonight so I would rather hear their comments because if we want to proceed with this and they have relevant comments I would rather hear them tonight. So that everything can be addressed at once. GREG YAKABOSKI: You will have an opportunity at the second public hearing to readdress the Board. TRUSTEE KRUPSKI: Yes. GREG YAKABOSKI: I did not understand that I apologize. JOHN HOOKER: It is your recommendations that they precede with this case. GREG YAKABOSKI: We will talk outside. TRUSTEE KRUPSKI: Do not leave we have a long evening ahead of us. You are welcomed to stay we are taking other comments. DONALD STANFORD: I am Donald Stamford, I am speaking for Kenny's Beach Civic Association here tonight and within that association there is a group representing shore front home owns from the jetty to Horton's Point. We strongly object to any individual action be taken by any single homeowner. We have noticed over the last three or foul years, as the jetties have deteriorated on the Moeller/Bittner property. That the situation along the shoreline has kind of stabilized. Stabilized at a terrible point, but non-the less somewhat stabilized. Our objection here is that it already is actually under~vay and decision with the town and the DEC and Department 0fNew York State to come up with comprehensive solution to this problem. Ifa project of this type goes ahead. It will throw a monkey wrench right into it. We understand that they have a serious problem and tell members of the Trustee's Board that so do many other people along that same stretch of Beach. A serious problem. There is a question as to whether the homes are going to survive at alt. None of us have been able to affect a solution until the entire problem is solved. As it tums out this is a more lengthily process than anyone visioned when we started. I am sure you know that the town owns the Goldsmith Jetty and they are the party that has refused so far to provide any mediation measures for this and so there are Court proceedings ongoing. This problem would be must better handled if the Moeller's single folded in with what they are trying to do. What we are trying to do for the entire stretch of beach. When the solution comes out they are protected. Everyone else is protected. It all happens at the same time. So no one suffers from this. When I say this. The soluti8on that we are looking to also protects people west oft/tis. You may recall in 1996 there was a workshop held right here in Town Hall. Which started offwith proceedings that are still ongoing. Almost five years later. So we take strong objection to individual action. We think it would be a gross mistake to grant a permit for any extension of those jetties or even rebuilding. TRUSTEE KRUPSKI: I appreciate your comment. We would welcome a comprehensive plan for this area. This is a serious man-made problem here. As you know we are tabling the application tonight and I do not know what could possibly prompt it comprehensive plan to move along at a quicker pace. I guess anything could be quicker. To have it come to an actual resolution. DONALD STANFORD: The only thing that I can tell you is that it is Town Board, every time it looks like that we are getting closer to an agreement. They have stopped contractors from doing their work. The Department of State (cannot understand) getting all the plenary studies 14 done. Our attorney and the Town attorney to map out a way of getting this done. The Moeller's and everyone else. There are fifty-eight homes on the shorefront between the Goldsmith Inlet and Horton Point. It is the stretch of beach that we are talking about. TRUSTEE KRUPSKI: We welcome any action on this. To make it clear that Greg Yakaboski represents the Town Board on this matter, and not the Trnstee's Are there any other comments? I will make a Motion to table the application. TRUSTEE POLIWODA: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES I have a fax here from Gary Pendergrass from the Department of State saying that "We should be aware that such construction would require permits from the Army Corp. of Engineer's and the State DEC and we should provide the applicant with this information". So if you could give the applicant a copy of that. Thank You.. Susan Long Permit on behalf of WILLIAM GORDON requests a Wetland Permit to install 4'x65' catwalk, 3'x14' ramp, 6'x20' float with two -2 pile dolphins. Located: 2875 Wells Road, Peconic SCTM#86-2-3 TRUSTEE KRUPSKI: Anyone here like to speak in favor of the application. Is there anyone here like to speak against the application or offer any comment at all. I will read the CAC comments. They recommend approval TRUSTEE SMITH: Could you get John come in here. TRUSTEE KRUPSKI: The dock builder, the next applications concerns him apparently, This is the application for WILLIAM GORDON. I just wanted to read the CAC comments before we start. They recommend approval with the stipulation that the catwalk is shortened on the landward end, by leaving twenty feet, in order to minimize the fragmentation of the natural corridor. I am just reading the comments, I do not think that we have a CAC representative here tonight. TRUSTEE POLIWODA: I think we solved that by moving it over 33 feet. If you can come up. We would rather see the catwalk start here and go out in this direction because there is an area that is devegetated. Our focus is to preserve the vegetated areas of the creek and that would accomplish that by not putting the structures through the vegetated area. JOHN HOOKER: Would you consider, I spoke to the client about this. We would really like to preserve that area for wading and children playing having an access to the water. Other than tramping over the muck and the mud and the marsh. TRUSTEE KRUPSKI: It is only a four-foot area. So it would be a four- foot catwalk so it would not really take that whole area. TRUSTEE POLIWODA: It could be a three-foot catwalk? TRUSTEE KRUPSKI: Even if you put to the south side, we would rather see it over the beach area. Instead of coming inform this direction I am 15 trying to reach the same location here. That is why I am angling it like that. But it would leave that area opened. Or you could put it straight out. TRUSTEE POLIWODA: Also I mentioned, by putting it over the beach areas we can keep it a lower profile. Which is 2-1/2 feet above grade, because there will be no wetlands to actually save, because there is no marsh. JOHN HOOKER: That will resolve the problem DEC wise. My clients have had this proposed to him, and he is not really in favor of doing this. He is looking for another alternative. I do not know if it is wide enough to put it at the edge of that area and still have any use of that area. TRUSTEE KRUPSKI: Is he a new o~vner? JOHN HOOKER: Yes, and he would like to have that access. You know how it is to try to get to the water the other way. You step through the marsh, and the mud. That is no good either. The other thought is he is going to put a float out here. He may wind up with a seasonal dock and have to take it out. If thatis the case or even if he wants to take it out to avoid ice damage that would be idea location for him to pull his float up on. TRUSTEE KRUPSKI: That is a pretty wide area, you are talking about four foot. JOHN HOOKER: It might be ten feet wide. TRUSTEE KRUPSKI: Another recommendation we had in the field on field inspection was that the float be turned either a T or L to minimize the distance. If it stilts out into the creek, it will still give then three feet more than three foot of water. Actually you really should not have a problem with DEC at that point. There own requirements are 2-1/2. JOHN HOOKER: Then they still are seasonal. TRUSTEE KRUPSKI: I do not know about that. Otherwise, you are not going to get four feet anyway. TRUSTEE POLIWODA: Especially if you go in with a plastic float I have seen a lot of these. The DEC has allowed the plastic float. JOHN HOOKER: All the literature that I have seen fi:om the DEC. Their objection is not so much with the float aside from being. They were more concerned with the boat being with the float. Hitting bottom or the perplexes washing the bottom. I got a couple of letters with me actually that state that they are concerned with the boats at the dock going on the bottom. TRUSTEE KRUPSKI: Another thing that we were not clear on is how this sticks out in relation to the neighbor's dock. We did not get a clear picture of that. JOHN HOOKER: The house over here, their dock and pilings on it right now. Eventually this would be in line with the end of their dock and not the neighbors. The immediate neighbor, s dock is getting a little knock he. The second house over, you got no further line between those two, there ~s no navigation. TRUSTEE KRUPSKI: Well it still protrudes out, we always like to minimize that. IOHN HOOKER: My client does not mind shorting it. We still have not gone to the DEC yet, and we have not gotten a response from them yet. TRUSTEE KRUPSKI: We are going to recommend that it be turned, because you are not going to get four foot any way. We would rather see it turned at an L shape. JOHN HOOKER: I have not talked to him about it. TRUSTEE KRUPSKI: Just minimize the length, and it gives him more than adequate water. JOHN HOOKER: A T shape limits the dock use, off the side of dock. TRUSTEE POL1WODA: Or bring it in fourteen feet. TRUSTEE KRUPSKI: But you are saving fourteen feet, or bring it in fourteen feet. JOHN HOOKER: Well essentially not, because if you turn it. He is still going to tie his boat on the outside. Wintertime is not an issue as far being out in the creek. It is the summertime is when everyone is using the creek. TRUSTEE KRUPSKI: maybe you can give us soundings in the whole area. JOHN HOOKER: I have done it the length of this dock. TRUSTEE KRUPSKI: You have those in the file? JOHN HOOKER: No, Terry Latham has them and he is out of town. TRUSTEE KRUPSKI: Try this area right here, wherever the water is, but keep it to this side so you get the shadings it is going to be. To the north side unfortunately, the way it is east/west you are going to get shading on this side as opposed to north/south. Where the sun is going to hit it fi:om both sides. So you are still get this area that is going to be open (tape off)) If you could, when you go out there. We will reinsert it in April, stake out the end where you want the end What some people do they start even further back and just go with a ramp so they can get up to the height. Once they get to the marsh, you can start at a ramp instead. I do not think that we have a problem with that does we. That way it is easier for the applicant to walk off their natural grade, instead of going down and up. They can walk across and get up that next juncture. JOHN HOOKER: That is part of the reason that the other catwalk went back so far. That is not all wetland, it would be too high otherwise and you are still looking at two steps before you get onto it. TRUSTEE KRUPSKI: So we will table this. We will see you out there in April. JOHN HOOKER: We will see if this area will work out better. By then we will have heard something back from DEC. So we will have a better idea of what is approvable. TRUSTEE KRUPSK~: That is good too. Thank yon. I will make a motion to table the application. TRUSTEE SMITH: Seconded. TRUSTEE KRUPSK/: All in favor. ALL AYES. 17 Susan Long Permits on behalf of ROBERT CORCORAN requests a Wetland Permit to reconstruct two 14' jetties (low profile 1.5" in height). Located: 7725 Nassau Point Road, Cutchogue SCTM#118-4-5 TRUSTEE KRUPSKI: CAC recommends approval I took a look at these. I will pass the pictures down. Is there any one here would like to comment in favor or against this application? They are fourteen foot out. IAN CROWLEY: They correspond directly with the ones next to them. TRUSTEE KRUPSKI: They pretty much mirror the ones next to them. TRUSTEE SMITH: These are located in Nassau Point on the east side. TRUSTEE KRUPWKI: Do I have a motion to close the hearing? TRUSTEE SMITH: So moved. TRUSTEE KRUPSKI: Do I have a second. TRUSTEE SMTIH: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES. I will make a motion to Approve the application. TRUSTEE SMITH: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES Susan Long Permits on behalf of ROBERT WIECOREK II requests a Wetland Permit to reconstruct 140' bulkhead using C-Loc Vinyl in place (Grandfather Permit #5127) Reclaim 100 cy +/- lost fill fi:om 10'x140' area in frontof existing bulkhead to a depth of 45.0' at ALW. Replace existing 5'x140' walkway with 8'x140' walkway with attached 12'x25' timber deck and access steps. Reconstruct upper retaining wall landward ofnre walkway-and deck. Approximately 20-25 cy o reclaimed material to be used at backfill and remainder to be tracked off site to approve up land site. Located: 385 Gull Pond Lane, Greenport SCTM#35-4-28.26 TRUSTEE KRUPSKI: Is there anyone would like to speak in favor of the application. IAN CROWLEY: I will answer any questions that you might have. TRUSTEE KRUPSKI: CAC recommended approval with the stipulation that a non-turf buffer be established. That the walkways be replaced with a non-turf buffer and they disapproved the request to claim loss fill. Kenny did you inspect this?. TRUSTEE POLIWODA: I was there today, and I. agree with CAC. There is no reason to grass the area. As far as the decking on top I do not have a problem with that. Because there is spacing between the decking and I would like to see the decking remain with spacing to allow drainage. Non-turf there is somewhat ofnon-turfbecanse there is a natural planting of what Rosa rugosa? 18 IAN CROWLEY: I am not sure. What that is there. You come back eight feet that is a wall. You are going to want 2 feet behind the wail. TRUSTEE POLIWODA: Make it a ten-foot non-turf buffer. IAN CROWLEY: Behind the retaining wail. As far as the dredging you are not going to approve the. dredging at all. TRUSTEE POLIWODA: No dredging. Do the work don't ailow it to fall in. IAN CROWLEY: That was my next question. There is going to be jetty going on. There is no flush there. There has to be some reclamation. TRUSTEE KRUPSKI: What-is the water depth now. Do you have soundings. IAN CROWLEY: I do not have soundings. But the water depth at the wall was probably about 2 feet. But it is deeper towards the South. TRUSTEE ?OLIWODA: They have a 6x60 float. IAN CROWLEY; They have a long float there. TRUSTEE POL1WODA: I could not see bottom. TRUSTEE KRUPSKI: What do you think Henry? TRUSTEE SMITH: I would let them do the dredging to let him clean up the construct. IAN CROWLEY: They own the bottom there. Everyone in that creek owns haif way across. TRUSTEE POLIWODA: There is no way to do that work, without filling up the creek with silt. I know the DEC they do not approve of foreign soil into the creek bottoms. IAN CROWLEY: All you have to do is retain when you excavate you have to retain any fill you put up with. Anything that happens below the water. TRUSTEE POLIWODA: I think Henry has a good point. After the whole operation and then we can reinspect it. and dredge it. TRUSTEE SMITH: Put the bulkhead in, before you back fill it give us a call we will take a look at it. See if it has to be dredged? IAN CROWLEY: That creekwas dredged to 7 feet when it was made. He does not have enough water to put his sailboat there. TRUSTEE KRUPSKI: Get us some soundings ail the way out. TRUSTEE POLIWODA: My concern is the shellfish in that bottom. The homeowner's might think that they own that bottom. But they own the bottom yet the State does not recognize the shellfish in it as those private owners. IAN CROWLEY: Has does that work with the property down in Dam Pond? Ever since I have been a kid there is that one line that you cannot go, because they own the bottom. TRUSTEE POL1WODA: They do not own the bottom, It is a confusing issue which the State clarifies as the owners do not own the shellfish in that bottom. TRUSTEE KRUPSKI: ~ do not think that the Town owns the bottom. TRUSTEE POLIWODA: The town does not own the bottom. TRUSTEE KRUPSKI: We own the majority of Dam Pond. What you are talking about is ownership of this bottom. Forget the shellfish for the moment. So what Henry is saying is to do the work. We will come down and take a look and if you need to reclaim some. Before you backfill as part of the job. We will take a look at it. Give us a call we will come down and look at it. IAN CROWLEY: How should I approach that with DEC.? TRUSTEE KRUPSKI: You can do it the same way. We will be happy comedown and look 'at it. Just before you back fill. So if you do reclaim someth'mg, you use it as back fill. IAN CROWLEY: Thank you. YRISTEE KRUPSKI: Are there any other comments? IAN CROWLEY: Can I just bring something up to you the affidavit? TRUSTEE KRUPSKI: Do I have a motion to close the hearing? TRUSTEE SMITH: So moved. TRUSTEE KING: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES. Henry will you make a motion. TRUSTEE SMITH: I will make a motion to approve the application oft ROBERT WlECOREK II, for a 140 bulkhead us C-Loc Vinyl in place, reclaim 100 cy-e/- lost fill from 10'x140' area in fi:ont of existing bulkhead to a depth of 45.0' at ALW. Replace existing 5'x140' walb~ay with 8'x140' walkway with attached 12'x25' timber deck and access steps. Reconstruct upper retaining wall landward of new walkway and deck. Approximately 20-25 cy. reclakned material to be used as backfill and rema'mder to be tracked off site to approved up land site. There is no dredging to be done. We will reinspeet before backfilling takes place after construction of the bulkhead. In case there is any dredging has to be done or reclaimed, fill. TRUSTEE KRUPSKI: Is there a seconded. TRUSTEE POLIWODA: With a ten foot non-turf buffer. TRUSTEE SMTIH: Yes. IAN CP/OWLEY: I will bring in soundings to the office. TRUSTEE KRUPSKI: All in favor. ALL AYES. Proper-T Services on behalf of C&D REALTY requests a Wetland Permit to construct single family dwelling with private well and on site sewage disposal system. Located: 5640 Cox Neck Road, Mattituck SCTM#113-4-1 TRUSTEE KRUPSKI: Anyone here like to speak in favor of the application. JIM FITZGERALD: Yes, Jim Fitzgerald, for Dr. Dubovick. I do not have anything to add to our many conversations. I understand that you inspected it again last Wednesday. So I would like to hear what you have to say. TRUSTEE KRUPSKI: First, I will read the CAC comments. The CAC requested the Board of Trustees table the following applications, one of which is C & D Realty. Upon the Trustee's request. The CAC has closely looked at application 1341 for C&D Realty. It has concerns regarding proposed project. Currently, as of 3/16 of this year the counsel is researching information regard'rog septic systems and set backs from wetlands. Has produced significant finds from West Virginia University, and additional sources. Both of the above applications have similar and environmental concerns in regards to the septic set backs and potential negative impacts to natural systems of Southold Town. Additional natural resource concerns apply to wetland applications 56713 Schembri Home. The New York State DEC Non-Jurisdiction origin for his permit, allows the Town and it's Trustee's to conserve/manage these smaller yet integral natural environments for the good of the Town and it's natural systems within. It is written in here C&D Realty wants (1) Concern of potential run-offissues from proposed change of grade. (2) Incomplete project description. Need to know what the dimensions are of the house. We are looking forward to discuss this with the Board. Of Trustee's. Is there any7 other comment on this application. I think one of the problems the Board has. It was met many times on the site, with you many times on the site. We asked for the survey indicating the current wetland line. Which we received the presciently to the septic system to the wetlands is a serious matter. Considering that it are title wetlands and also I was tmable to find test hole information. Maybe it is an oversight on my part. Is there some available? JIM FITZGERALAD: I do not know? TRUSTEE KRLrPSKI: I looked through, and thought maybe I am not seeing it. JIM FITZGERALD: I th'ink it was done the last time, Al. I know that they were dated. But it is not on these. TRUSTEE SMITH: I would like to see the depth of the water table. At high tide and at low tide. TRUSTEE KRUPSKI: Most of the surveys show no cesspool data. The 1985 survey here, showing in the file, showing the septic system in a different location, that is a fifteen-year document. Our concerns are that one the septic is going to have test hole data, how the septic is going to affect tire wetland. See we have a problem with the septic. We normal do not approve a septic system that is going to be m om:jurisdiction. It used to be 75 feet, now it is 100 feet. I believe the Health Department ~s 100 feet. septic system that is going to be in our jurisdiction. It used to be 75 feet, now it is 100 feet. I believe the Health Department is 100 feet. JIM FITZGERALD: The DEC is 100 feet. 21 TRUSTEE KRUPSKI: So here is the septic system. To act on this, we have to know how the septic system is flowing into Mattituck Inlet. You can give us water analysis showing the water flowing to the North and that there no possible way that the septic system is going to affect that. But you are going to have to show us how the septic system is going to affect the inlet? JIM FITZGERALD: How about if we put the septic system here, where you approved it last time. TRUSTEE KRUPSKI: Test hole was taken on the road. TRUSTEE SMITH: No matter where we put the cesspools, in less than 100 feet, I would like to see the depth of the pool water at high tide and at low tide. TRUSTEE KRUPSKI: So we can definitely explore different septic systems location. This is a septic system within our jurisdiction. We are not I the habit of keeping them within our jurisdiction. So if we are stumbling through this. We are only subl'm~ing because we are trying to do a good job here. When you are probably looking at 50 feet maybe 60 feet to the wetlands. JIM FITZGERALD: You mean to the line of the phragmites. TRUSTEE KRUPSKI: No to the wetland l~ine. JIM FITZGERALD: But it was not the wetland line there you think that the phragrnities were 100 feet away. .TRUSTEE KRUPSKI: But it does not show a wetland line on this survey. All it :shows is high water. So it is a different hne. Now in this area there is no specific pools here. So you cannot actually I am going to the middle of that septic area would be 90 feet. So you have to show us how you can minimize the effect, and what effect it is going to have and how it is going to move into the wetlands. Is there anyway to minimize the impact of the house. Right now is about 14 feet, is there anyway to minimize the impact of the house? Which would mean moving it closer to the road, no fill options. Smaller house, house on piles. Something that is not going to have the impact or proficiently to the wetlands. So we would like to leave it opened to the applicant. These are our concerns, the fill, proximity to the house to the wetlands, and the septic system. Until we know that we cannot act on it. JIM FITZGERALD: Let me ask you what kind of information you would want as far as approving the negative of the septic system. TRUSTEE KRUPSKI: I do not know? Maybe you can go through the Department of Health. Because the septic systems has to conform to their standards at any rate. JIM FITZGERALD: IfI can get a permit from them. Subject to DEC and Trustee's from them will you accept that. TRUSTEE SMITH: A septic system permit from the DEC. JIM FITZGERALD: For them to construct. TRUSTEE SMITH: I have no problem with that. If there is no title difference from lfigh water and low water in that area. 22 JIM FITZGERALD: They take that into account. TRUSTEE SMITH: Maybe they do take it into account, but I still want them to have that information. TRUSTEE KRUPSKI: So he wants two test holes showing on the proposed area. TRUSTEE SMITH: One at high water and one at low water. JIM FITZGERALD: Ordinary high water, spring lin~ water, high water. TRUSTEE SMITH: Ordinary high tide and ordinary low tide. Not extreme high or low or anyth'mg likes that. Just an every day tide. TRUSTEE KRUPSKI: Can the applicant minimize the impact of that house? Size wise and location. JIM FITZGERALD: Size wise it pretty impact less now. But I am sure. TRUSTEE POLIWODA: I would recommend a fifty-foot non- disturbance zone between the wetland edge and the house coruer. To maximize the protection of the black ducks nesting. JIM FITZGERALD: Of the nesting? TRUSTEE POLIWODA: The black duck, it is a high popular area for the black ducks. JIM FIZGERALD: When do they nest? TRUSTEE SMITH: Spring. TRUSTEE POLIWODA: You have to realize that it is the head of the creek. It is usually the warmest and it is the primary breed'mg grounds, small fry fish that is where they all form. I believe in putting in non- disturbance that is the way to protect that area. JIM FITZGERALD: Let me say before your close the hearing. Are any of you aware of any interest that the Town might have in acquiring this property? TRUSTEE KRUPSKI: We have been perusing this for over a year. There was an appraisal done which is in the file. We have been encouraging people who would be doing that in the Town to do so.. Because theie is a tremendous amount of road nm-off coming through there from the road. That is going into the creek. That is affecting water quality. It is not our job that Sounds lame but it not our job to pursue that. JIM FITZGERALD: You have an interest in that. TRUSTEE KRUPSKI: We have an interest in it, because of the water quality on the creek. We have encouraged people in the Town to look into this site, because that is far as we can go. I will make a motion to Table the application. TRUSTEE SMITH: So moved. TRUSTEE POLIWODA: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES. Catherine Mesiano Inc. on behalf of SCHEMBRI HOMES, INC. requests a Wetland Permit to construct +/- 3 lx56(irreg.) single family residence with pervious driveway, on s~te sewage disposal system public water, drywells to contain roof run-off. Located: 195 Albacore Drive, Southold SCTM#56-7-13 TRUSTEE KRUPSKI: Is there anyone who would like to speak in favor of the application. CATHERINE MESIANO: Catherine Mesiano on behalf of the applicant. The applicant proposes to build the structure as you outlined and we understand that the property is somewhat difficult to develop. However this property is a filed map that was created and filed in 1963. The wetlands that are on the map are fresh water wetlands and a good mount of those wetlands were created by activities that have taken place in effort to blend. We are looking to drain this property now. Since the situation is created'by a force other than nature. [ think consideration should be given to the application. I realize that although the septic system is closer to the wetlands than Tmstee's will approve. It is the only site on the property to install a septic system. This property is located in an area which you know that ismear the title wetlands and as I understand it is general accepted that your ground water flow is regular outward towards that body of water. Therefore this septic system should not be impacting that southerly portion of wetlands. It should be anticipated to flow in a north and easterly~direction. We are maintaining 86 feet off of the fresh water wetlands to the north. And 32 feet offofthe fresh water wetlands to the south and west. The property is a 17,000 sq. ft~ lot. The buffers that are proposed. The twenty foot wide which constitutes 20% of the property. The wetlands constitute another 30% of the property. The total lot coverage that we are proposing on the 15.6%. We believe that the proposal that we are putting is a reasonable use of the property. Another comment that I would like to add is that in the construction of this property we anticipate that there will be 400 cubic yards of access fill. Which we propose to remove that from the site. Rather than to build up the grade around the house. Hopefully will not create any kind of additional situation into the wetlands area. There are drywells proposed. Roof run-off, pervious driveway. We will propose silt fencing and hay bales in front of each of the wetland areas. What are your comments? TRUSTEE KRUPSKI; Before. we start is there anyone else who has any interest in this application. . . CATHERINE MESIANO: Mr. Schrembri is here, Mr. Schrembri is the applicant. He is the contractor vendee for the property. TRUSTEE KRUPSKI: Some other woman would l'zke to speak. I will just take all the comments £ncst. MARIANNE MAYO: Good evening, my name is Marianne Mayo I am the President of the Southold Shores Association. We really do not have objections per say to the building of the house in question. We do request however that the Board of Trustees have an overall plan. For all these properties, which are, probably going in to receiving permits over the next year for this area. Between Albacore and Tarpan Drive there are approximately 10 different lots. That will probably be built on in the near future, and this is all encumbering this wetland area. Where, I am sorry, I do not understand all the terminology. We know that there are little pools in this area. A lot of little streams., I live at 655 Albacore I am the first house, on Albacore Drive and it does run right along my property. Under Abacore Drive and then out to Blue Marlin. We just request that the Board of Trustee take into consideration. If any of these little pools are filled Where is the wash off going to go? At the end of the canal them. On a night like this. That canal is tan brown from all of the wash-off coming up atthe end of the canal. I know you have all seen this because you have been over to the Kick property.. But if you would like to see this, these pictures at the end of the canal. That water does wash-off into the canal. We do request that you do take into consideration. The other thing is that these pools in the summertime is a great habitat because of the mosquito problem, But if they do not flow they go through streams do not flow and move the water in those little ponds we have aterrible problem with mosquitoes. TRUSTEE KRUPSKI: Thank you. Any other comments? CATHERINE MESIANO: As far as the condition of the headwaters of that canal. It should be noted that there are drainage conduits that run from Albacore, which drain, dkectly into that. So it is not only water running on the surface. MARIANNE MAYO: Those are not connected. There are' dra'mage pipes there. There are drainage pipes at the end ofthe canal that are not connected. TRUSTEE KRUPSKI: Where do they drain then?. When we inspected the Kick property we noticed the dram coming out of the bank. Where does that come from. MARIANNE MAYO: I do not know. Because we have been living there for four years and we are still trying to figure out why they are there. I think that there was a plan originally, to have them drain from the road into the canal and then they put them in but never connected. TRUSTEE KRUPSKI: I think that you have a very good point at looking at the big picture there. When this area was originally developed. I do not know when it was laid out. MARIANNE MAYO: Twenty-five years ago. TRUSTEE KRUPSKI: I assure the intention was to fill that area in and drain the entire area into the canal. MARIANNE MAYO: It was to open the canal all the way up to the road was the original plan. TRUSTEE KRUPSKI: But then it would drain into the canal. So you could not build a house in that water. CATHERINE MESIANO: I am handling three projects fight now on Albacore, I have two for Mr. Schembri and one for another client Mr. Schembri's other lot I have received a letter of non-jurisdiction from the Trustee's. Because all of our proposed activities are more than 100 feet from the high wetlands and I have an application into the DEC and it is a conforming application, so eventually will end up (cannot understand). I am also working on the lot just to the west of that and that lot has standing water on it. I was there early last week and there was this much water. My question to this Board and also to the Highway Department and the Planning Department is why the town has not installed catch basins to contain this run-off and to handle there run-off appropriately because I have been involved with many instances where there are dra'mage structures that the town has installed either properly or improperly. They maybe functioning or not. But the intent of the drain structure is to funnel that water into the open waters. I do not believe that is not accessible but is there anyth'mg that the Trustee's can do to get the Town Highway Department to act on these matters. TRUSTEE KRUPSKI: I think one of the problems is that is the hydrology of the area. In itself it is a wetland area. If you went back 200 years ago I think it would be pretty similar. Without the houses than it is today. Because of the fill, when the canal was dug, so you are starting with a wetland area, and then that is basically what you have. CATHERINE MESIANO: But you still have sub-divisi'on that was filed over thirty years ago. The town approved that. So we have lost what was contemplated in the town. It had been approved in concept as being build able. Then when we get to this juncture, and there are regulations and laws imposed. That will strip the landowner's rights to their property.. While we recognize there are wetlands. I think that there should be some recognition as to the value of the wetlands. I can see Ken's point with the headquarters of Mattituck Inlet for example as an important breed'mg ground for various types of fish and other wild life. But in this situation, the wetland in front of our property is a drainage ditch. Which was created as a Band-Aid to a problem. How is that valuable when you compare it to another situation like the head of Matfituck Inlet? Is that really a valuable wetland? The DEC has not inventoried this wetland. I have a letter of non-jurisdiction from the DEC on this property. Will the Trustee's entertain a request to fill this wetland? Perhaps working with the Highway Department in some kind of drainage structure that is more appropriate. It seems that we have a real problem with this proposal and really what are the alternatives. You can say yes or you can say no. I do not think that you are inclined to say either because neither is a solution. So is there something in the middle where we can certainly preserve the normally wetland area. But perhaps do someth'mg to eliminate the wetland: area. It certainly not a valuable wetland. TRUSTEE SMITH: The trouble is when you fill a wetland like that in. You create problems adjacent to it. TRUSTEE KRUPSKI: The water has to go somewhere. CATHERINE MESIANO: That is why I say, suppose that there was some consideration from the Town Highway Department. Because this is a nm-off. It is not conta'med solely on this property. I do not know if you noticed that there was a large drainage pipe on this property back in the property. Large corrugated bended pipe TRUSTEE SMITH: They showed on the survey. TRUSTEE KRUPSKI: Is that actually on the property? CATHERINE MESIANO: It looks to me that it is on the property. TRUSTEE KRUPSKI: The survey shows it. TRUSTEE SMITH: But I do not recommend that it go into the creek. CATHERINE MESIANO: I do not recommend that it go into the creek either. TRUSTEE POLIWODA: I see your point on the front wetland. Which was created by Highway. I could not sleep at night giving you a septic system 86 feet away from the more important wetland. CATHERINE MESIANO: Well ifI did not have the consideration of that other wetland. I might be able to do something about that. TRUSTEE KRUPSKI: What we saw in the field; and what we spoke on the phone was a connection between this ditch that is shown here on the comer of the property. That could possible flow north underneath the main road. Right into Arshamonaque Pond. CATHE .RIi. XrE MESIANO: Correct but if our assumption is correct. The ground water flow is out towards the main body of water than the ground water flow is going in the opposite direction. TRUSTEE KRUPSKI: We are talking about surface water flow. When we were out there last week on Thursday, we just had a two-inch rainfall and yet there was no great amount of water standing on the comer of the property. So that two inches of rain went somewhere. That water is gone. CATHERINE MESIANO: I am not suggesting filling it with dirt. I am suggesting that perhaps there is a solution to the rnn-offpmblem. That could be better handled. TRUSTEE KRUPSKI: There is so much water and it is not only from the road, but it is also the neighboring properties. Is part of that system to the west? That property contributes to it also. If that water flowing out throughthe three foot ditch under the road into Arshamonaque Pond that is more of a threat. I think Ken; the septic system is located right next to it. TRUSTEE POLIWODA: Exactly. TRUSTEE KRUPSKI: You have to address that. CATHERINE MESIANO: My point is that when I speak of the ground water flow. I am referring to the extent of the ground water flow that is generated by the septic system. That ground water flow is flowing in a northeasterly direction and this wetland and ditch is southwest or westerly from out septic system than it makes sense that any affluent discharge from the septic system that has not been dilapidated by the drainage through the sand is going to be drawn in a northeasterly direction. Away from the area of that ditch. TRUSTEE POLIWODA: Where are you coming up with that equation? CATHERINE MESIANO: I depended numerous on the Health Department and a lot of these hearings are centered on the fact that you cannot maintain actual separation required between wells and septic systems. In order to satisfy the Health Department. The installation of the septic system is not creating a health to someone by affecting his or her wells. You have to documentation what the groundwater flows are. There are reports that has been published that talk about the groundwater flow. On the north fork in particular. The ground water flow is directed outwards towards the body of water. Generally, on Long Island people generally accept it as flowing from north to south. However, that is not tree as a generalization when you have areas of large bodies of water. When the water flows towards those bodies of water. It does not necessarily maintain a north/south orientation. As you would stay on the south fork closer to the lore in an area that you do not have these high wetlands. TRUSTEE KRUPSKI: I agree with you completely, but you would have to prove that on this site. You would have to give us some more test holes data towards that ditch. I think that we need information where exactly that ditch goes. That is a big concern. So you would have to document the ground water flow in that area. CATHERINE MESIANO: I would say that ditch is a drainage structure and you would be better equipped to tell me where it ends up. (cannot understand). TRUSTEE KRUPSKI: I think that is the applicants job. CATHERINE MESIANO: Well if I decide to do that. Will you give me help. TRUSTEE KRUPSKI: Sure. CATHERINE MESIANO: Because I will need help in getting the information. TRUSTEE KRUPSKI: Well in our office, I do not think that you have to wait. CATHERINE MESIANO: I would not have to wait in your office. But I do not think that this information. At the very least I would have to go to Planning Board and look into old maps and see what the proposal where. What was filed and accepted bythe Town in 1963. TRUSTEE KRUPSKI: It might run and pick this pipe up and nm right into the canal. This pipe you showed us in the picture might (tape change) The canal was never dug out. This canal is suppose to come up to here. So you also will have to show us where that drain goes. Where that pipe goes? TRUSTEE POLIWODA: That the water might be seeping into the northeast because that is a very large body of water, about a half mile away. No creek, so the water could actually be going down to the southwest. That is the largest body of water. CATHERINE MESIANO: Is that title wetlands as of the soundings. TRUSTEE KRUPSKI: Because that water disappears. 28 MAARIANNE MAYO: In reference to what was discussed fight now. The mosquito control. I went out and discussed that with them. It involved the flow from the main road down through all those little pools and there are plenty little streams and they go right past my house. Under Abacore Drive over to the other side. There is a big pool across from my house, and then it does go I believe you are right. It does go down under Blue Marlin and then into Mill Creek. What they were doing was clearing and making sure that the water was flowing so that the mosquitoes would not go in there. CATHERINE MESIANO: Another question is that he has been watching this property. He has been in contract for over a year now Many times in this ditch is empty which would kind to believe that it is draining through the ground. We do have test hole data on that survey that you have. Which shows a condition where it would drain. Also another point that we are bringing out is that. Is that it is not filling up high enough to actually get that drainage pipe. PETER SCHEMBRI: We have been two or three times on that site, and the other site. Every once in a while you hit clay, when that does fill up a little. It is draining and it is running offacross the road. It is not getting to the clover on top. The pipe is still, you look at the picture, there is water in there and it is a foot away from the water. So it is not flowing it ibis draining slower. When we were down at the Health Department. They had seen it that is ~vhy we just go there instead of having the Town goes there. Just let us dig it and see what we have. So we went there with a backhoe. Actually dug it. They felt that in certain areas that they saw that in that clover area that the water would take time to drain and would build up on a rainy day. But that does not mean that it was going any place in particular. Lot of that area I think has that clay on it. That is why the water pipe is draining right through. You would not have a problem at all. TRUSTEE KRUPSKI: That is why they had the old brick yards there because they were on clay. PETER SCHEMBRI: But I think that the comer piece, that little drainage if you look at you get that wetlands, you get trees toppling over I do not see that happening. If you do not have rain for a week or two weeks, it is dry as a bone. There is nothing there. So it is not saying that water is coming up from the ground and creating ground water. It is basically coming whatever rain comes down and happens to sit there. No other fresh water is coming up through it, creating a wetland. TRUSTEE KRUPSKI: If you give us another request here. No, I am sorry you do have an elevation in that ditch. So in addition to finding out where that ditch leads, could you just give us a coUple of test holes. I do think that you have to go with a back how. Just give us test holes one in the driveway and one in that wetland area. Running parallel to the property line. Give us a couple in the back to. [ guess one at the top here and one further down. CTHERINE MESIANO: Wait a minute we have a 6/7 here and 6/8 here so if that is lower than this it does not make sense because it is hard to get it to flow in that direction up hill. TRUSTEE KRUPSKI: Where does it go this way. Because it is flowing out of there. The water is not accumulating and sitting,. CATHERINE MESIANO: Is it flowing or is it seeping through. TRUSTEE KRUPSKI: maybe I am wrong and it is seeping down and it is recharging right there. CATHERINE MESIANO: I will dig out what I can to find out. PETER SCHEMBRI: In that whole area, the Health Department had said that in some spots you are going to have forty feet. So when we were digging see what we got where we would actually put the septic system. So we marked the site of the septic would go. That is when we dug it and it was actually good. The land is holding the water and when it reaches a certain point, it can overflow into where it can drain so the only way, it is going te move is to evaporate. So when you go there for a couple of weeks of nice weather. It is dry as a bone. It is not soggy it is nothing. Then ;ill of a sudden you get a ram. All of a sudden there are two inches of water sitting in there. CATHERINE MESIANO: IfI can ask one question, what is the position that the town is taking. As far a requiring property like this, when you are not comfortable ~vith what you are proposing. We are proposing as well as it gets. TRUSTEE KRUPSKI: I think that you would have to talk with Melissa Spiro who is in Featherhill, her office is above ours. She is in charge of that, she does a very good j0b. CATHERINE MESIANO: I am asking a question again, because I have a number of properties. TRUSTEE KRUPSKI: We would like to see that because ground water re-charges. CATHERINE MESIANO: They are legal building lots the restrictions are difficult to get. TRUSTEE KRUPSKI: Very limited. We would like to see that happen because there are areas. The ground water recharge is very important. CAHTERINE MESIANO: Thank you. TRUSTEE KRUPSKI: I will make a motion to Table the application. TRUSTEE SMITH: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES 10. Palricia Moore, Esq. on behalf of VqILLIAM F. TYREE requests a Wetland Permit to construct a 4'x178' catwalk with a 12' "T" structure shall be constructed 14" above grade o£marsh for the purpose of kayak launching. Located: 2280 Moore's Lane, Cutchogue SCTM#116-01-8.3 POSTPONED UNTIL APRIL AS PER AGENT'S REQUEST 30 11. First Coastal Corp. on behalf of LONE STAR INDUSTIRES, INC. request a Wetland Permit to construct a new marina & restaurant facility. The portion of the site adjacent to Mattituck Creek to be excavatedto create a boat slip area the proposed marina to contain approximately 37 boat slips. The boat slip area is to be accessed through one 75 ft. wide opening into the site l~om Mattituck Creek. Approximately 36, 500 ey. of material to be excavated to accomm9odate the boat slip area. Approximately 1080 linear feet of new bulkhead is proposed to enclose the boat slip area the proposed pier to be 10 ft. wide and 150 ft~ long. Approximately 100 woodpiles to be installed for pier and a slip tie off piles. A proposed 10,000 sq. ft building containing an 80 seat restaurant, marine office, and restroom and is to be located on the southerly portion the site landward of the boat slip. Parking area for the marina, restaurant and the office are also located on the southerly portion of the site. A 2 ft. high landscaped eastern berm running along the northern limit of the boat fill prevent storm water from entering the waterway. Drywells will be mstalled in the parking area to collect storm water. An area of wetlands approximately 500 sq. ft. on the northeast comer of the site seaward of the proposed bulkhead will undergo wetland restoration. Located: Naugles Drive, Mattituck SCTM#99-04-01 POSTPONED UNTIL APRIL AS PER AGENT'S REQUEST 12. En-Consultants, Inc. on behalf of ERICKA SWIMMER a Wetland Permit to construct a two-story, one family dwelling sanitary system and retaining wall pervious driveway, and connect to public water service. Approx. 250 c.y. of clean sand fill will be trucked in to raise grade. Located 850 Orchard Lane, Southold SCTM#90-4-12 POSTPONED UNTIL APRIL AS PER AGENT'S REQUEST 13. En-Consultants Inc. on behalf of NORMAN WENK requests a Wetland Permit to remove & replace (in-place) approximately 136 linear feet of existing timber bulkhead with vinyl bulkhead, including a 10' westerly add 16' easterly return. Dredge to -4' ALW up to 10' of bulkhead to remove lost fill and truck approximately 50 cubic yards spoil off-site to an approved upland source. Approximately 25 cubic yards of clean sand will be tracked in from an upland source and used as backfill. Located: 635 East Legion Avenue, Mattituck SCTM#I22-3-31 TRUSTEEE KRUPSKI: Is there anyone here like to speak in favor of the application? Only if it is your birthday! ROB HERRMANN: That would be me, Rob Herrmann of En- Consultants, on behalf of the applicant, NORMAN WENK, I thought this would be the most straight forward application we have had. But with our conversation with the chairmen, yesterday, I learned that the Board had has some questions to the legitimism as to the location of the bulkhead. Prompted, by that conversion my office obtained this morning a copy of Mr. Wenk's from the Suffolk county Clerk Office and actually much to my surprise that deed. Actually describes a much deeper property, than what the Board sees in front of it. It is not the Meets and Bounds, a faxed a copy of the deed and I do not know how well that came through. But the Meets and Bounds, are not actually described to a mean high water line, but they are fixed distances. That would actually give Ivh'. Wenk some ownership of the bottom of James Creek. The original depth of the lot on the east side is 263 feet, and the original depth on the west property line is 250 feet, But rather than going over those distances. I also learned from Lauren this afternoon that actually the Board legalized this bulkhead in it's current lOcation and configuration back in 1984 by the issuance of a Grandfather Permit. Apparently which ran with Mr. Wenk recollection I spoke tohim yesterday, also and he recalls after being the first person to bulkhead along the creek after it is was dredgedbythe Corp. of Engineer's back in the 1960's. So that would explain if you think of it logically, why this bulkhead would extend farther into the creek if it were filled earlier than the ones around it. Because the others would have been situation farther landward as that shoreline was eroded. So I assume that resolved the issue 0fthe legality of the bulkhead and we are propoSing to replace it in its current location and configuration. But replaCe it with vinyl sheathing~father than timber. Any other question, I would be happy to respond. TRUSTEE KRUPSKI: It is something that stood out. TRUSTEE POL1WODA: It did not look legal. TRUSTEE KRUPSKI: Is there any other comment? We need someone to close the heating. TRUSTEE SMITH: So moved. TRUSTEE KRUPSKI: All in favor. ALL AYES. TRUSTEE SMITH: I make a motion to Approve the request of NORMAN WENK to remove and to replace (in-place) approximate 136 linear feet of existing timber bulkhead with vinyl-loc bulkhead. Including a 10' westerly and 16 easterly return I do not approve dredging of the bulkhead unless after construction before they start the backfill to see if the dredging has to be done. ROB HERRMANN: Well the dredging is an interpart of the application, Henry. Norman Wenk has described to me and I reflect soundings on the plan on sheet one. That he has historically had at least four or five feet where he moors his boat. Obviously there are no docks here, and he uses the bulkhead to moor his boat. I do not know what size boat he has. But he has explained that he has been hitting the bottom in recent years because the cracks in the bulkhead have been allowing the upland fill to spill out. So we are not really proposing what is going to be large spill over into the water and we are looking to claim that. It is really is just dredging, to reclaim the fill that has already seeped into that area. In some cases it will be negligible where he has three feet. In the center you are talking about 12 inches of material max. but as you move a little closer it starts to show up. It shows up quite a bit on the west, he would probably be willing to reduce the length of that area because he obviously does nor use the entire bulkhead. It has showed up and it is considered as incidental dredging by the DEC and is more or less a routine request. TRUSTEE KRUPSKI: More or less. ROB HERRMANN: It is only to the extent that you are not proposing to dredge a virgin bottom an area that has not been dredged in the past that create water deeps that has not been historically in place. TRUSTEE SMITH: Any dredging that we allow now, we want soundings. ROB HERRMANN: Well you have then on the plans. I am talking about a 10 foot area, and the soundings that you have are adjacent to the bulkhead. TRUSTEE KRUPSKI: We did look at that on site. We saw quite a bit of water. TRUSTEE POL1WODA: I did not see one shallow spot. I walked the entire bulkhead. I was looking for that sand and I did not find any. ROB HERRMANN: Well the soundings that are these plans are exactly what I measured in those three price locations the day I went out. Because he asked me to do it. Because I originally had taken just a routine water depth at the center point. Because I typically do that. So that I can provide a cross section of what is there. He had mentioned to me the need. For the dredging. The Problem with his boat and he said if you measured to either side. So these are the numbers that I had minus one foot on the west side and minus two feet on the east side. So we are talking about dredging a maximum of minus four. It is minor incidental dredging and this is something that is typically approved by the DEC and I know your Board has approved it in the past. Not to create new bottom but basically to restore prior navigable depth. We can use a silt curtain that is something that is typically required by the Corp. of Engineer's anyway to contain any material. Where they actually put a curtain out around that area so any siltation resulted from the dredging is contained. That is not a problem it is required anyway. TRUSTEE POLIWODA: there are some vegetated wetlands to the east; I would not like to see anything dredged near there. I would not want to see anything dredge 20 or 30 feet there away from that wetland. To minimize any impact on that wetland. ROB HERRMANN: A fifty-foot section throughout the center of the property so that you are providing effectively buffers on either ends of the bulkhead to the adjacent wetlands. I do not see a problem with that at ail. TRUSTEE POLIWODA: I do not think that you will be dredging much. ROB HERRMANN: You are talking about clamshell bucket. Scooping out the mater there that is shoveled up. It is not a major endeavor there. 33 TRUSTEE KRUPSKI: Could you give us a revised estimate on the spoil? Right now you have 40 yards, which is too much. ROB HERRMANN: So if you want to reduce the length from 110 to 55 cut it in half. TRUSTEE KRUPSKI: Make it an even fifty. ROB HERRMANN: You can make it fifty. It is approximately 40 yards of spoil, which is the calculation I did based on the length of 110. So if we cut that in half you are talking about 20 yards. TRUSTE KRUPSKI: Because of the irregularity of the bottom. It is one foot on one and two foot on the other and three in the middle. To put the fifty in the middle really brings the yardage way down, because you have akeady starting inthe middle. ROB HERRMANN: I can give you than an estimate I will give you a revised. I :will give you a revised plan that shows the Change in the dredge area and I will accommodate it with revised spoil copulation. TRUSTEE KRUPSKI: Everyone happy with this? As far as non-turf buffer do you have any preference to what kind of material you are going to put there? ROB HERRMANN: Well I think it will be backhoe with sand. So you will have to use native vegetation. I do not have a preference would stick with non-turf. TRUSTEE SMITH: You can put.decking over it. You can. ROB HERRMANN: There is no plan but I can pass that along. TRUSTEE KRUPSKI: That works as a non-turf buffer. Do I have a motion to close the hearing? TRUSTEE KING: So moved. TRUSTEE POLIWODA: Seconded. TRUSTEE KRUPSKI: Do you have a fifteen-foot buffer drawn into the plan here, Rob? ROB HERRMANN: That is a 15-foot back fill area. But I can show at least 10 feet of that area as a non-turf. I can give you a revised plan anyway. TRUSTEE KRUPSKI: Do I have a motion to close the heating. TRUSTEE SMITH: So moved. TRUSTEE POLIWODA: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES Do I have'a motion on the application? TRUSTEE SMTIH: I make a motion that we approve the application with the stipulation with a 50 foot dredge in the middle to four foot and 10 foot non-turf buffer. TRUSTEE KING: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES : 14. En-Consultants, Inc. on behalf of LISA EDSON requests a Wetland Permit to construct on pilings a one-family, two story dwelling, deck and swimming pool. Install a pervious driveway and sanitary system and that the sanitary system proposed be more than 130 feet from the wetland boundary place approximately 850 cubic yards of sand fill, establish a 30' non-disturbance buffer adjacent to the tidal wetland boundary, and connect to public water and other utilities. Located: 9326 Main Bayvuew Road, Southold SCTM#87-5-25 POSTPONED UNTIL APRIL AS PER AGENT'S REQUEST 15. Suffolk Environmental Consulting, Inc. on behalf of MARILYN BISRKItARDT requests a Wetland Permit to construct a 55 sq. fi. addition to the northeast comer of the existing dwelling a 55 sq. ft. addition to the northwestern comer of the existing dwelling, a 850 sq. ft. second stow entry balcony to the northern face of the existing dwelling with 42 sg. ft. of steps leading down to the ground. Located: 1425 Island View Lane, Southold SCTM#057-02-13 TRUSTEE KRUPSKI: Is there anyone who would like to speak in favor of the application? BRUCE ANDERSON: Brace Anderson from Suffolk Environmental Consulting, Inc. on behalf ofMARILYN BURKHARDT. It is pretty standard program here. The footprint is quite moderate. It is mostly a second story addition. It is the type of project that is ideal for the regulator process since that in that the mediation is that the existing septic system is 25 feet from the wetlands and will be relocated approximately 95 or 100 feet from the clear wetlands boundary. The septic system will be appropriate in size. The project will be oversee by the DEC and also approval from the Board of Health pending your Wetland Permit. TRUSTEE KRUPSKI: It looks pretty straight forward. Is there any other common? The existing septic will be filled. I would like to see a row of hay bales in place during construction. Somewhere appropriate to be placed the hay bales. TRUSTEE SMITH: I make a motion to close the hearing. TRUSTEE KRUPSKI: Is there a seconded. TRUSTEE POL1WODA: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES. Do I have a motion on the application. TRUSTEE SMITH: I make a motion to Approve the Wetland Permit for MARILY BLrRKHARDT. With the stipulation that hay bales be placed and that the old septic system be pumped and filled with clean sand. TRUSTEE POLIWODQA: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES. 16. Land Use Ecological Services, Inc on behalf of RICHARD & MARIA KICK requests a Wetland Permit to install'a 4x4x timber access stairway, a 4'x8' fixed CCA timber dock secured by (4) 6' dia. CCA timber piles and elevated amin. of 4' above grade, a 3'x18' ramp and 6'x10' float secured by (2) 8" diameter CCA timber piles. Dock shall be accessed on site by a 4'x02' natural woodchip pathway. Located: 500 Tarpon Drive, Southold SCTM# 57-1-5 POSTPONED UNTIL APRIL AS PER AGENT'S REQUEST Land use Ecological Services, Inc. on behalf of DAVID C. BOSTIC requests a Wetland Permit to demolish an existing 544 s,f, (footprint) dwelling and reconstruct new dwelling incorporating a 1,590 s.f. Building footprint. Proposed dwelling will be located approximately 57' landward of the freshwater wetland boundary. Additionally, applicant proposes to install a sanitary system located approximately 100' landward of ~eshwater wetland boundary, and a well located 100 ' landward of the proposed leaching pool. Apphcant proposes to re-construct in kind and place existing depilated 10'x20' deck an 6'x20' float. Located: 2635 Laurel Way, Mattituck 121-04-13 TRUSTEE KRUPSKI: Would anyone like to speak in favor of the application? CHARLES BOWMAN: Charles Bowman, I represent the Bostic's. just a couple of questions, first on the dock. It should be 6'x'20' fixed dock with four feet. I do not know how it got to be 6x24. TRUSTEE POL1WODA: We are a little concemed with the deck? CHARLES BOWMAN: The deck has been there for many years. TRUSTEE KRUPSKI: But I do not think that the deck is something that we would approve today. Plus there is a little shack next to it. CHARLES BOWMAN: It is a boat house, You look at it and the deck area (cannot understand) TRUSTEE KRUPSKI: I am sorry what is the dimension of the deck. CHARLES BOWMAN: The deck is 18.x18.6 TRUSTEE SMITH: There is something eating the house. If you ~vait long enough? TRUSTEE POLIWODA: What is that? CHARLES BO .WMAN: A whole bunch of raccoons. Another thing that I wanted to point out was.. When we put on the plan where the wetland boundary is located. (cannot understand) We still have some issues with the well and the house itself it is in line with the houses on both sides. We will be keeping clearance to a minimum. We talked about a buffer area because of the setting. TRUSTEE KRUPSKI: We thought they should keep the original house. It kind of makes it. What is the dimension of the deck again, I am sorry when you said it. CHARLES BOVv2VIAN: 18.6X18 TRUSTEE KRUPSKI: The rest o£debris will be removed. TRUSTEE POLIWODA: I think that there should be two rows on hay bales. TRUSTEE KRUPSKI: A fifty foot buffer, we would like. CHARLES BOWMAN: We have akeady talked about that. TRUSTEE KRUPSKI: Put the hay bales in place to allow the work to take place. CHARLES BOWMAN: I do not know if you want a condition on the permit on the fact that the map that you have shows that it is a little bit less, Or I can get you a new map. TRUSTEE KRUPSKI: I think we are close enough to let it go there. I am sure of the 100 now. Which is pretty close. It is not that it is 30 feet of wetlands. CHARLES BOWMAN: No not all. TRUSTEE KRUPSKI: Not even three feet of wetlands. We did not have a problem with it. Our concern was the clean-up. Do I have a motion to close the hearing. TRUSTEE SMITH: So moved. TRUSTEE POLIWODA: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES Will you make a motion? TRUSTEE POLIWODA: I will make a motion to Approve the Wetland Permit on behalf ofDAVD C. BOSTIC to demolish the 544 s.f. dwelling and reconstruct new dwelling incorporating 1,590 s.f. building sanitary system should be located 100' landward of the freshwater wetland boundary, and a well located 100' landward of the proposed leaching pool The deck shall be removed and replaced with a 4 foot catwalk did we find out how long that catwalk is? TRUSTEE KRUPSKI: We never talked about that? CHARLES BOWMAN: I was under the impression that you were approving the 8'x18.6" TRUSTEE KRUPSKI: When we were out there. We discussed instead of the deck and rest of the regular catwalk down to the float. CHARLES BOWMAN: There is not a float there. TRUSTEE KRUPSKI: Did you apply for the float? CHARLES BOWMAN: What it shows on our plans is not a float. It is actually what was there before. I think it is important to state that the boat house ~s: going to be removed and that little deck area (cannot understand). TRUSTEE KRUPSKI: It is a big catwalk that parallels the shoreline. Then it should not, not to make any comment about the stockade fence next door. CHARLES BOWMAN: You could not get over. TRUSTEE KRUPSKI: We did not try to get over it actually. But it should not extend pass the property line. It shows it on the survey that it extends past it. CHARLES BOWMAN: It shows it on our plan that it does not. Well we can shorten it up so it. TRUSTEE KRUPSKI: Our policy is 15 feet offthe property line. But in this case where it is pre-existing. TRUSTEE POLIWODA: What size fence would you propose. TRUSTEE SMITH: What size deck was there? CHARLES BOWMAN: What is there now is 18.6x18. Is that okay. TRUSTEE SMITH: Yes. TRUSTEE POLIWODA: With 18'x18.6' TRUSTEE SMITH: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES TRUSTEE KING: Can you place drywells in fi:ont of it. TRUSTEE KRUPSKI: Yes drywells for roof-run-off. TRUSTEE POLIWODA: Place drywells to contain roof run-off and a double ~:ow of hay bales. 18'x8.6' timber deck to be reconstructed in kind/in place 8'x6' steps, 4'x10' dock, 4"x4" posts - 8' depth of penetration. TRUSTEE KRUPSKI MOVED TO GO OF1~ THE PUBLIC HEARING AND GO BACK TO THE REGULAR MEETING. TRUSTEE SMITH SO MOVED. V. RESOLUTIONS: Robert O' Brien P.E. on behalf of ALAN B. LITNER requests a Coastal Erosion Permit to construct 5'x8' utility closet on existing deck for new heating system. Located: 1025 North Sea Drive, Southold SCTM#54-04- 12 TRUSTEE KRUPSKI moved to Approve. TRUSTEE KING seconded. ALL AYES. MEETING ADJOURNED AT: 10:15 P.M. RECEIVED AND FILED BY THE SOUTI~iOLD TOk%q~ CLERK Town Clerk, Town of Sou{hold Respectfully submitted by, Board of Trustee.