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HomeMy WebLinkAboutTR-05/24/2001Albert J. Krupski, President '~/ Town Hall james King, Vice-President 53095 Route 25 P.O. Box 1179 Henry Smith Southold, New York 11971-0959 · Artie Foster Ken Poliwoda Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MINUTES Thursday, May 24, 2001 7:00 P.M. PRESENT WERE; Albert J. Krupski, Jr. President James King, Vice-President Artie Foster, Trustee Henry Smith, Trustee Kenneth Poliwoda, Trustee Charlotte Cunningham, Clerk CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT FIELD INSPECTION: Wednesday, June 13, 2001 at 8:00 a.m. TRUSTEE SMITH moved to Approve. TRUSTEE POLIWODA seconded. ALL AYES NEXT TRUSTEE MEETING: Thursday, June 21, 2001 at 7:00 p.m. woRKSESSION: 6:00 p.m. TRUSTEE SMITH moved to Approve. TRUSTEE POLIWODA seconded. ALL AYES. APPROVE MINIUTES: Approve Minutes of March 21, 2001 held April 18, 2001 for June 21, meeting. TRUSTEE SMITH moved to Approve. TRUSTEE POLIWODA seconded. ALL AYES I. MONTHLY REPORT: Thc Trustee monthly report for April 2001. A check for $4,295.93 was forwarded to the Supervisor's Office for the General Fund. II. PUBLIC NOTICES: Public Notices are posted on the Town Clerk's Bulletin Board for review. III. AMENDMENTS/WAIVERS CHANGES: 1. JOAN MCDONALD requests an Amendment to Permit #5287 to construct a single family residence with the building envelope. The actual footprint of the proposed dwelling will be less than thc total square footage of the building envelope proposed. Located: 705 Bay Shore Road, Greenport NY SCTM#53-3-9 (POSTPONED UNTIL'JUNE PER OWNER) 2. M. LLEWELLYN THATCHER & RICHARD B. THATCHER requests an Amendment to Permit g4835 to replace the failed pile supported breakwater with a rubble mount (stone) breakwater under and 10 ft. seaward of the boathouse. Located: Private Road off East End Road, Fisher's Island, NY SCTM#3-3-7 TRUSTEE KING moved to approve the application. TRUSTEE POLIWODA seconded. ALL AYES 3. DONNA GERAGHTY requests an Amendment to Permit #4948 for planting beach grass on lawn, steps to beach, plant lawn and sprinkler behind dune and gravel walk to beach. Drywells and gutters for roof-nm-off, non-turf north of house. Located: 22655 Soundview Avenue, Southold SCTM#135-1-26 TRUSTEE KRUPSKI moved to approve the application. TRUSTEE SMITH seconded. ALL AYES 4. RICHARD PIZZICARA requests an Amendment to Permit #5036 to construct a 3'x21' catwalk with steps not required by DEC continue at upland grade level and continue straight out. Located: 150 Lakeside Drive, Southold SCTM#90-3-1 TRUSTEE POL1WODA moved to approve the application. TRUSTEE SMITH seconded. ALL AYES 5. LESLIE GAZZOLA requests an Amendment to Permit 4960 to construct a floating dock and place in the boat basin. Located: 495 Elizabeth Lane, Southold, NY SCTM#78-5-2 TRUSTEE POLIDODA moved to approve the application. TRUSTEE SMITH seconded. ALL AYES 6. Leslie Gazzola on behalf of CHERYL HANSON requests an Amendment to Permit #4961 to construct and place a floating dock in boat basin No recreational swim platform along bulkhead in a private canal will be allowed. Located: 445 Elizabeth Lane, Southold, NY SCTM#78-5-3 TRISTEE POLIWODA moved to Approve the application. TRUSTEE SMITH seconded. ALL AYES 7. Susan E. Long on behalf of ANTHONY &CHERYL SCHAFANI request a change of name Permit # 2167 (Nicholas J. Cutrone dated July 31, 1986).Located: 790 Ruth Lane, Southold, NY SCTM#52-2-39 TRUSTEE KRUPSKI moved to Approve the change. TRUSTEE POLIWODA seconded ALL AYES 8. JOHN PEARSON requests a change of name Permit #4878 (Bobette & Rick Suter dated 3/25/98) Located: 3575 Wells Road, Southold SCTM#70-04 -05 TRUJSTEE SMITHJ moved to Approve the change. TRUSTEE POL1WODA seconded. ALL AYES 9. Richard.4. Daley, R..4. on behalf of GARY COMORAU & JILL NORD requests a Waiver to construct a second deck approximately 22'x8' within approximately 90 feet of tidal wetlands. Located: 2050 Mason Drive, Cutchogue, NY SCTM#114-7-17 TRUSTEE KRUPSKI moved to grant a Waiver TRUSTEE SMITH seconded. ALL AYES. 10. EDWARD H. MCLAUGHLIN transfer dock permit from Carlos Typo Located: 450 Maple Lane, Mattituck SCTM#107-3-3.1 TRUSTEE KING moved that the applicant must come in for an amendment. TRUSTEE POL1WODA seconded. ALL AYES 11. SALVATORE PALACINO request a One Year Extension for Permit #4998 to construct a single family dwelling with deck with condition that no turf be seaward of the line ofhaybales that will be placed during construction and the gutters & drywells be constructed to contain roof run-off. Located: 790 Oak Street, Cutchogue NY SCTM#136-01 -038 TRUSTEE POL1WODA moved to Approve the one year extension...TRUSTEE FOSTER seconded. ALL AYES 12. BETTER LIVING HOMES, INC..transfer Permit #5154 from Daniel C. Mooney to construct a one-family dwelling, foundation, septic system, driveway, water well if required or hook-up to public water, retaining wall from septic system and proposed decks with the condition that the distance between the deck and the ALW is to be 71' rather than the proposed 59' and there is to be a 25' non-disturbance buffer. Located: 295 Rabbit Lane, East Marion, NY SCTM#31-17-11 TRUSTEE FOSTER moved to Approve. TRUSTEE SMITH seconded ALL AYES 13. Proper-T Services on behalf of SALT LAKE ASSOCIATION requests Amendment to Permit #5133 to remove and replace in the same location 145' +/- of existing retaining wall remove and replace in the same location 155' +/- of existing bulkhead with vinyl plastic bulkhead and replace in the same location 1345' 4-/- sq. ft. of existing decking between the bulkhead and the retaining wall. Remove and replace in the same location two sets of stairs. Remove any fill that enters the water way and replace it behind the bulkhead on retaining wall. Fill as necessary behind the bulkhead and retaining wall to maintain established grass using an estimate 30 cy of spoil from an associated separately permitted dredging activity. Ten foot non-turf buffer behind the'retaining wall. Located n/s Old Salt Road, Mattituck NY SCTM#I44-5-19 TRUSTEE KRUPSKI. moved to Approve the application. TRUSTEE POLIWODA seconded. ALL AYES 14. Land Use Ecological Services, Inc. on behalf of JOSEPH CORTALE requests an Amendment to Permit #5288 to construct a recreational dock facility consisting of a 4'x12' fixed CCA timber dock a 3'x25' ramp and a 6'x20' dock elevated 3.5' above grade at the tidal wetland line. The ramp with a float is proposed to project offat an "L" configuration and removed seasonally. The float proposed will be approved by (2) 5" diameter on the landward side of the float. A 4'x40' natural wood chip path is proposed from the residence to the proposed dock facility. A light post with an electrical outlet is proposed near the end of the fixed dock. Located: 2200 Glen Road, Southold SCTM#78-2-39 TRUSTEE KRLrPSKI moved to table needs new plans showing dock in line with the neighbors. TRUSTEE FOSTER seconded. ALL AYES. TRUSTEE KRUPSKI: Do I have a motion to go off the Regular Meeting and onto the Public Hearing. TRUSTEE FOSTER so Moved TRUSTEE POLIWODA seconded. ALLAYES IV, PUBLIC HEARINGS; THIS IS A PUBLIC HEARTING IN THE MATTER OF THE FOLLOWING APPLICATIONS FOR PERMITS UNDER THE WETLANDS ORDINANCE OF THE TOWN OF SOUTHOLD, I HAVE AN AFFIDACIT OF PUBLICATIONS FROM THE SUFFOLK TIMES, PERTINENT CORRESPONDENCE MAY BE READ PRIOR TO ASKINGFGOR COMMENTS FROM THE PUBLIC. PLEASE KEEP YOUR COMMENTS ORGANIZED AND BRIEF FIVE (5) MINUTES OR LESS IF POSSIBLE. 1. Susan E. Long on behalf of JAMES RICH, JR. requests a Wetland Permit to maintenance dredge 80 cy from east side of existing dock to a depth of 3.0' at ALW. Dredge material to be utilized upland on lawn area above AHW. Located: 3415 Wells Road, Southold, NY SCTM#70-4-7 TRUSTEE POL1WODA: Are there any comments? ISMRD RICH, JR. Good evening my name is James Rich, Jr. and my wife Adele are the owners of the property. Susan Long is not here tonight.~ I would like to thank you and I hope in reviewing this. It is in place and if you have any questions I will answer them ifI can. Thank you. TRUSTE POLIWODA: Does anyone have any other comments? Does the Board have comments? The CAC did not make any objections. TRUSTEE KRUPSKI: Where is the spoil sight? JAMES RICH, JR.: Two gentlemen from the DEC were at the house two days ago and they said that they would rather I remove the spoil from the site completely. Rather than put it on the lawn, which would be agreeable to me if it was agreeable to you. I have a contractor who will remove it on a barge rather than put it on the lawn. This is what the DEC recommended. They were there and that is the only comment, that theyhad for me. Two gentlemen I do not know their names. TRUSTEE SMITH: It is a small project. It was originally permitted for. TRUSTEE POL1WODA: I would like to comment that there was a permit in place in 1960. The area is closed for shell fishing. Any other comment? I will make a Motion to close the public hearing. TRUSTEE SMITH: Se moved. TRUSTEE FOSTER: Seconded. TRUSTEE POLIWODA: All in favor. ALL AYES. TRUSTEE POLIWODA: I will make a Motion to Approve the Wetland Permit for JAMES RICH, IR. to maintenance dredge 80 cy from east side of existing dock in a depth of-3.0' at ALW Dredge material to be removed off site. TRUSTEE SMTIH: Seconded. TRUSTEE POLIWODA: All in favor. ALL AYES. 2. THOMAS J. MC CARTHY requests a Wetland Permit to construct a single family residence with deck, pool, detached garage. Located: 1605 Goosecreek Lane, Southold NY SCTM#77-03-17.1 TRUSTEE SMITH: Any one here would like to speak on behalf of Mr. McCarthy? THOMAS McCARTHY: Good evening, Tom McCarthy and my wife Susan are here this evemng. Just a brief explanation why we are here. We have been in the process as the Trustees know it has been before you previously. We obtaineda dock permit several years ago on this particular piece of property. We are in the process of developing our house plans. We submitted to the Health Department and the Board of Review obtained apprOval from Board of Review for this. We have obtained our DEC approval and the Building Department with the location of the house being in front of the elevation 8 line on the property. So we had to go back and we had to redraw house plans in order to get behind the elevation line. What we did was we had to go back and redraw the house plans so that we could get behind the elevation 8 line and it conflicted with our understanding what was going on with the property. We were under the impression that we could build in the B Zone and not be in the flood zone and the building department took the interpretation even though our house was in the B zone, which we interpreted to be not in the flood zone. Which was below the elevation 8 line. We changed the footprint of the house and redesigned the hOUse and we did not come any closer to the tidal wetlands than the original house that we planned for. The Building Department sent us back to Health Department. Health Department sent us back to the DEC. Three or four months later it got out of the DEC went to the Health Department, brought it back over to the Building Department. Building Department said guess what? Trustee's now have jurisdiction within 100 feet, even though our building, we have a private covenant on the property that we cannot be any closer than 100 feet. We are at the 100-foot line. The Building Department figured that we were going to be disturbing something within your jurisdiction that is whywe are here this evening. TRUSTEE KRUPSKI: I sure do not want to send you back to the Health Department. THOMAS MCCARTHY: It could be more longer drawn out than that. But that is where we are in a nutshell. We do have approval from you folks, originally for the dock that we have on sight. We would love to get your approval this evening if possible. I would be happy to answer any questions you may have. TRUSTEE SMITH: Does any one else have any comments on this property? Does the BOard have any comments? TRUSTEE KRUPSKI: We did not think that it was that comphcated when we looked at it. Put up a line ofhaybales during construction at the clearing line of 75 foot wetland line. We would like drywells and gutters for roofrun- offi THOMAS MC CARTHY: DEC has similar questions regarding the driveway/ Where the driveway is impervious or pervious and that there be a ten foot contour from out of their jurisdiction. Is that something similar does it depend on where it is. If it is within 100 feet. TRUSTEE FOSTER: No it is all down-hill. TRUSTEE KRUPSKI: It was outside of our jurisdiction however because of the activity there. Nothing like this is going to happen here, but because of the activity it became part of our jurisdiction. But still we can require gutters and drywells. THOMAS MCCARTHY: Be happy to do it. TRUSTEE SMITH: I will make a Motion to close the public hearing. TRUSTEE POLIWODA; So moved. TRUSTEE FOSTER: Seconded. TRUSTEE KRUPSKI: All in favor, ALL AYES TRUSTEE SMITH: I will make a Motion to Approve the application for THOMAS MCCARTHY with the stipulation that haybales be put up to the 75 foot set back line and to contain the roofrun-offinto drywells with gutters and leaders into the drywells. TRUSTEE KRUPSKI: Seconded TRUSTEE SMITH: All in favor. ALL AYES. 3. 'WILLIAM J. AYLWARD (AS CONTRACT VENDEE) requests a Wetland Permit to construct a dwelling, cesspool and septic tank, impervious driveway, 24x24 detached garage, drywells and related necessary activities to construct. Located: 14395 Main Bayview Road, Southold SCTM#89-1-3 TRUSTEE KING: Are there any comments? (Tape change) TRUSTEE KRUPSKI: CAC recommends approval with a 60 foot non- disturbance buffer. We have a letter from Valerie Scopaz the Town Planner and she would like to offer the following observations. The driveway location should be relocated to the other side of the house. So it runs between the house and the next lot. The garage can also be re-oriented so that the entrance to the garage faces the street. These changes to the site layout will remove the necessity to obtain as much of a variance. They also will protect the wetlands. Construction of a driveway in the original proposed location will require construction 'closer than 75 feet to the wetlands. TRUSTEE FOSTER: Where does she propose to put the sanitary system? TRUSTEE KRUPSKI: She does not mention that yet. TRUSTEE SMITH: This drawing here goes up by South Bayview Road. over 100 feet. TRUSTEE KRUPSKI: Although not specified in the application to the Trustees, it is evident that the applicant intends to bring in fill in order to raise the first floor elevation of the new residence to 15 feet above. MR. AYLWARD: No TRUSTEE KURPSKI: I was trying to find you have over ten feet to water at the test hole. The current elevation is just above 10 foot sea level accordingly the change in grade of 5 feet will have an impact on the Wetland. But you have no plans To bring in full. .MR. AYLWARD: No I have no intention in bringing in fill. TRUSTEE KRUPSKI: Her recommendations are in sum as follows: Relocate driveway, covenant that driveway remain pervious, or if paved, that drainage system be required. MR. AYLWARD: But I think by moving the driveway closer to the house you would be putting the septic closer to the wetlands. You cannot have a driveway over the septic. TRUSTEE FOSTER: Yes you can -you have it shown that way on your application and it will be a little different system what you have there. It all has to be traffic bearing. But it can be done. TRUSTEE KRUPSKI: First of all are there any other comments on this application, before or against the application. TRUSTEE POL1WODA: I think we should stick with a 50 foot non- disturbance buffer with hay bales. TRUSTEE KRUPSKI: We visited the site on Wednesday and we did not see the same concerns as the Town Planner saw. The only change that I would make is on the west side of the driveway after the house which is non- disturbance up to the driveway and then you could open it up past there. You know what I am saying. Which would give you a better buffer from the road anyway. Just from the road to the house non-disturbance on the opposite side of the driveway. TRUSTEE FOSTER: Basically that is what it is really, because where the haybales are. TRUSTEE KRUPSKI: Then once past there it would be a 50 foot non- disturbance buffer. MR. AYLWARD: It actually opens up in the back. Because of the wetlands. TRUSTEE KING: I will make a Motion to close the hearing. TRUSTEE SMITH: Se moved. TRUSTEE POLIWODA: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES TRUSTEE KING: I will make a Motion to Approve the Wetland Permit to construct a dwelling, cesspool and septic tank, impervious driveway, 24x24 detached garage, drywells and related necessary activities to construct. No fill to be brought in and a row ofhaybales at the 50 foot buffer to be left there and that be an non-disturbed buffer. TRUSTEE KRUPSKI: Do I have a motion to second. TRUSTEE POL1WODA:'Seconded. TRUSTEE KRESS: All in favor. ALL AYES. 4. JAMES E. & KAREN ,A. HOEG requests a Wetland Permit to construct a 4'x60~ fixed CCA timber dock raised a min. of 3.5' above grade supported by (16) 4"x4" posts of 6" diameter timber piles, a 7'x25' fixed CCA timber dock approx. 3' above AHW and supported by (6) 6" diameter timber piles with a depth of penetration of 6'x8' a proposed 4' wide natural Wood chip access path will lead from grass lawn to project at landward end. Located: 350 Willis Creek Drive, Mattituck, NY SCTM#115-17-17.10 POSTPONED UNTIL JUNE AS PER THE APPLCANT'S REQUEST 5. Flower HillBuilding Corp. on behalf of HELEN RUST FAMILY PARTNERSHIP requests a Wetland Permit for an addition to master bedroom suite with garage. Located: 4680 Wunneweta Road, Cutchogue, NY SCTM#1 t 1-12-34&36.5 TRUSTEE KRUPSKI: Is there any one here would like to comment in favor of or against the application.? The CAC recommended approval with haybales. It is a good idea and drywells - non turf buffer I do not think that you will require because it is not near. Any other comment? Do I have a motion to close the hearing. TRUSTEE SMITH: So moved. TRUSTEE FOSTER: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES. TRI.~, STEE KRUPSIG: I will make a Motion to Approve the application with the condition that stake row of haybales be placed at the 10 foot contour whi6h waslstaked On site during construction and until the area ~s stabthzed and: a ~ells and gutters be put on the proposed addition to contain roof run- off. TRUSTEE SMITH: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES. 6. DAVID & KATHLEEN KILBRIDE request a Wetland Permit to repair and regrade base ofbluffby depositing 200 cy of clean fill from Excavation for previously approved on site construction of home. All work to be performed landward of existing timber bulkhead and to be re-planted with beach grass 18" on center. Located: 9045 Nasssau Point Road, Cutchogue, NY SCTM# 118-0&14,1 TRUSTEE KRUPSKI: Anyone here would like to speak in favor or against the application? DAVIID KII.BRIDE: .Good evening, my name is DAVID K1LBRIDE I appreciate your time and consideration and ifI can ~nswer any questions. The bluff was damaged some number of years ago by the perfect storm. Now I am trying to ,fill to the area. (cannot understand) TRUSTEE KRUPSKI: No go I have questions for you. The CAC recommends approval, before I comment is there anyone else who would like to comment on the application? We have been out here as a Board to look at the house ~V,vo months b~fore. DAVID KII BRIDE: The application was heard by you in the November meeting that application included the swimming pool which we do not think we are going to do at this point. But you did approve that. TRUSTEE KRUPSKI: The only problem I had was that I looked at the bank and this area is pretty, well vegetated as it is. I would not have a problem with you filling in some of the holes not a straight bank that was blown out during the storm. But I would not want to see that all covered with vegetation. DAVID KIt.BRIDE: There are a couple o£ cradlers that should not be there. TRUSTEE KRUPSKI: Right, so if you could give us a set of plans. I would rather approve this tonight. So if you could give us a set of plans and a description showing us that and the cradlers will be filled but the grade will be more or less stay the same. You are not going to use the whole 200 cy I would rather not see all that put on there because it is fairly stable. DAVID KII,BRIDE: It has regenerated. TRUSTEE KRUPSKI;: Is there anymore comments? Do I have a motion to close the hearing, TRUSTEE SMITH: So moved. TRUSTEE POLIWODA: Seconded. TRUSTEEKRUPSKI: All in favor. ALLAYES. TRUSTEE KRUPSKI: I will make a Motion to Approve the application of DAVID & KATHLEEN KII,BRIDE with the condition'that only the large holes in the bluffbe filled with sand and that they be filled to grade to existing vegetated grade and replanted immediately with 18" centers with beach grass. TRUSTEE SMITH: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES. 7. KATItLEEN BLACKLEY request a Wetland Permit to construct deck and repair existing driveway. Located: 1455 Grathwohl Road, New Suffolk, NY SCTM# 117-04-06 TRUSTEE KRUPSKI: Is there anyone who would like to speak in favor of the application? JIM BLACKLEY: Yes, I am Jim Blackley. TRUSTEE KRUPSKI: Are there any other comments on this application? Do I have a motion to close the hearing. TRUSTEE SMITH: So moved. TRUSTEE POLIWODA; Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES Will someone make a motion. TRUSTEE SMITH: I will make a Motion to Approve the application of KATHLEEN BLACKLEY to construct deck and repair existing driveway located 1455 Grathwouhl Road, New Suffolk, NY TRUSTEE POLIWODA: Seconded. TRUSTEE KRUPS,KI: All in favor. ALL AYES JIM BLACKLEY: Thank you very much. 8. ARTHUR & LORRAINE CONNOLLY requests a Wetland Permit to construct 65'x4' dock with a 6'x20' floating ramp a ad a 8'x12' ramp from the dock to the float. Located: 3505 Wickham Avenue, Mattituck, NY SCTM#107-9-9 10 TRUSTEE FOSTER: Any comments on this application? No comments. Is the applicant present? TRUSTEE KRUPSKI: May I see the plans, Arfie. The description is not correct the way that it is printed on the agenda. It should be a 6'x20' float, and definitely not a 8'x12' ramp. TRUSTEE FOSTER: What does the application say. TRUSTEE KRUPSKI: A 6'x12' ramp, and 6'x20' float so what was applied for it is just that the description is printed wrong on the agenda. TRUSTEE KING: Did we get a measurement across the creek? I do not think we did. TRUSTEE SMITH: No TRUSTEE KRUPSKI: Artie do you want to continue along with this. TRUSTEE FOSTER: Any comment from the Board. TRUSTEE KRUPSKI: Only that the boat and float will not extend more than 1/3 of the way across the waterway. TRUSTEE FOSTER: No further comments? I will make a Motion to close the hearing. TRUSTEE SMTIH: So moved. TRUSTEE KRUPSKI: Seconded. TRUSTEE FOSTER: All in favor. ALL AYES. TRUSTEE FOSTER: I will make a Motion to Approve the application of ARTHUR & LORRAINE CONNOLLY for a Wetland Permit to construct a dock, ramp and floating dock at 3505 Wickham Avenue, Mattituck, NY TRUSTEE SMITH: Seconded. TRUSTEE FOSTER: All in favor. TRUSTEE KRUPSKI: With the condition that it does not extend more than 1/3 across including the boat. All in favor. ALL AYES 9. Meryl J. Kramer, Architect on behalf of ED & EILEEN MAHER requests a Wetland Permit for frrst floor addition including screened porch and second floor addition. Located: 3655 Bayshore Road, Greenport, NY SCTM#53-06- 15 TRUSTEE POLIWODA: Has anyone have comments about this application? MERYL KRAMER: Good evening, I am Meryl Kramer I am representing the Maher's. I would like to make one comment was that the Maher's were interested in getting their approval from DEC and to get the configuration approval from you before they went ahead with special drawings so that is why we do not have septic on the drawings for approval for you. There ~s an existing septic landward of the house and seaward of the house. (cannot understand) TRUSTEE FOSTER: I did the inspection on this. 11 TRUSTEE KRUPSKI: We only sent one board member out on it. We do this on a lot of them. That are not difficult applications. TRUSTEE POLIWODA: Does anyone have a comment? TRUSTEE FOSTER: It was not posted and I had a concern about the septic system on the seaward side. You said they are gomg to relocate it to the landward side of the house. MERYL KRAMER: If it is required. We would. They have a septic right now tO. TRUSTEE FOSTER: They have one on the bay side and there is another one on the other side. MERYL KRAMER: I believe both are being used. TRUSTEE FOSTER: How much of that second story addition is going to increase the house in terms of bedrooms. MERYL KRAMER: I think they are going to be adding two bedrooms that they are actually converting one of the bedrooms into a den. So they are just adding one bedroom. TRUSTEE FOSTER: That will make a total of how many? MERYL KRAMER: Three. TRUSTEE FOSTER: That is a very shallow area and the septic system are extremely inadequate in that entire area because of these houses that were built years ago and only used as a week-end homes. The depth of water and I would suggest that if you are going to have a total of three bedrooms that system has to be certified by an engineer. That it will withstand the three bedroom house. Because it is far under the present day standards of what it should be. The existing cesspool on the water side is only going to be five feet away from the foundation of this porch. What I was going to suggest one of the things that I wrote down here. Was to move the septic system on the landward side of the house. Get rid of the cesspool on the water side completely. You can pump it out and fill it. It is not going to hurt being there once it is filled in. My concern is that and it happens many times when they put this enormous house on a postage stamp and they never do anything with the septic system. Four of five bedrooms and before you know it is overflowing and there is no room to put a new one. TRUSTEE KRUPSKI: Put that in as one of the recommendations. TRUSTEE FOSTER: I would suggest that you do that. MERYL KRAMER: When we apply to the Health Department hopefully get our approval. Do we need to come back?Here? TRUSTEE FOSTER: You may not have to go to the Health Department for this if you can get the system certified. If someone will certified that is adequate, I serious doubt that it is if you eliminate this one portion of it and do not move it landward or if you just put another system in on the landward side. TRUSTEE KRUPSKI: Our condition is that it will be pumped and filled on the seaward side. MERYL KRAMER: Okay. 12 TRUSTEE KRUPSKI: What you do on the landward side. I assume is going to be non-jurisdictional. TRUSTEE FOSTER: Not necessarily. MERYL KRAMER: Will it go beyond the 100 feet. We have 135 feet. TRUSTEE I~RUPSKI: At least if it is relocated on the landward side of the house. I do not think the Board will have a problem with that. TRUSTEE FOSTER: No actually if you do it as pre-existing you would not have to go to the Health Department. You have to go to the Town only. TRUSTEE KRUPSKI: I would rather just write a permit tonight... TRUSTEE FOSTER: Put those conditions. TRUSTEE KRUPSKI: That the old one be filled on the water side of the house and the new system be relocated on the landward side of the house at the applicants discretion. TRUSTEE FOSTER: Some of the existing system maybe able to be utilized. Depending on what it is on the landward side.. MERYL KRAMER: The one on the landward side is 4x8x3. TRUSTEE FOSTER: You might be able to use that as a grease trap. TRUSTEE KRUPSKI: Would that make sense it would leave it to the applicant's discretion. To find a location so you would not have to come back to us. Your options are' limited here anyway. It is pre-existing. TRUSTEE FOSTER: You will have to make it as a condition of the permit that it is done. TRUSTEE KRUPSKI: The footprint is acceptable. TRUSTEE FOSTER: Yes. I did not see any problem with it. It is bulkhead it is a concrete bulkhead. TRUSTEE POL1WODA: Any other comments? I will make a motion to close the hearing. TRUSTEE SMITH: Seconded. TRUSTEE POLIWODA: All in favor. ALL AYES. TRUSTEE POL1WODA: I will make a Motion to Approve the Wetland Permit for ED & EILEEN MAYER for a first floor addition including screened porch and a second floor addition. Located: 3655 Bay Shore Road, Greenport, NY with the stipulation that the bay side septic system be pumped and filled and septic system itself be upgraded and located in the rear of the yard - landward side of yard. Haybales be located on the bay side during construction. MERYL KRAMER: Do you authorize the rules requiring gutters and the drywells. TRUSTEE POLIWODA: Gutters and drywells on the new construction. TRUSTEE SMITH: Seconded. TRUSTEE POLIWODA: All in favor. ALL AYES. 10. GUSMAR REALTY requests a Wetland Permit to re-seed existing area for existing sprinkler system and fencing. Located: 1685 Shipyard Lane, East Marion, NY SCTM#38-7-12 13 TRUSTEE SMITH: Is there any one here would like to speak with regard to this application. Please come up to micro-phone state your name. JOSEPH WYLLIE: My name if Joseph Wyllie, I live in Cleaves Point Condominiums which is adjacent to Gusmar Realty property that they are discussing here. The first question that I have the manager of our condo sent a letter to the Board of Trustees, Town of Southold dated May22, 2001 and asking if you received the letter. Would it be all fight ifI read the letter to you. It is to the Board of Trustees Town of Southold, and it states Cleaves Point Condominiums. being an adjacent property owner to the above stated parcel of which an. application is being made wished to express concern that the work already implemented and any future work in this respect might result in problems with nm-off created by altering the grade. We would also like to take this opportunity to question the vehicular traffic that habitually crosses over this Park and Recreational area to access the foot of the dock. Does the CC&R document for Summit Estates refer to this situation, and how so? By the way, Cleaves Point Commons Condominium was not served a "Notice to Adjacent Property Owner", and we would appreciate that the records be noted to do so in the future. That was the letter that was sent and I am here as a resident of the Cleaves Point Condos and I think we have a situation where the cart is before the horse. They are applying for a permit to re-seed the existing area and existing sprinkler system and fencing. When the truth of the matter is. That in the past five weeks during the day time and many times on the week-end especially on Sunday's after six o'clock we have had bull dozers and road raiders. Two Sunday's ago, the road raider had our condo vibrating it was making such a noise and that is after six o'clock on a Sunday evening. We understand that they are trying to put a recreational area in there but I do not know if they have a permit or not? But they have numerous vehicles in there. It has taken all the grass and seed and everything out of there. They have started putting a sprinkler system in and they have some electrical work going on it there. We are concerned that they do not have a permit them someone should get into £mding out why they do not have a permit. If they are not suppose to be using vehicles down to the dock and then they are breaking the laws. Because the vehicles are back and forth at all times. The dirt and the dust are all over our area there. We are just one area of concern. One of the gentlemen with me tonight who is living at Cleaves Point would like to talk to you Ernie Jocken and discuss with you the rain and the water that may roll over into our property and flood us out. ERNIE JOCKEN: What I have observed as a resident there. Is that on a Sunday, a gentlemen came in and dumped approximately 20 yards from a 12 yard dump track full of dirt. The dirt is generated from the houses are being built up the road in the development. He has raised the elevation. I have not taken the time to figure out how much over the grade that he has raised it. But he has raised it to a point where he is now the highest point of land between two residences us at the Condo and the Beach houses, which are also here tonight to speak. To make a complaint about this, my other concern is that 14 isn't there an ordinance in the Town, regarding running machinery on a Sunday, and not during normal working hours. TRUSTEE KRUPSKI: I do not believe so. TRUSTEE POLIWODA: No. ERNIE JOCKAN: So you are telling me that he can work on this lot day and night. TRUSTEE KRUPSKI: He can work on this lot if he has the permits for the work. Which he does not which is why he received one of these. Which is why he is here in front ofus. ERNIE JOCKAN": Nowhere along there is there any fencing whatsoever, I think that the fencing will look somewhat out of line. I prefer to see a (cannot understand) NEIGHBOR: Excuse me, it say§ existing fencing and sprinkler system non of them are existing. ERNIE JOCKAN: In all fairness to him, there is a sprinkler system there which he filled up in this excavation which he tried to do with regrading the property on it. $0 the sprinkler system was there and it did function at one time a couple of years ago. With regard to the electrical wires go?. He once again went in there with a back hoe and he did do some miscellaneous grading. I am electrical contractor out of New York City, and I was a little concerned because there are young children in the area that reside there. Someone goes along and grabs a wire and that is not the best thing to happen. He has since buried the wire. I do not know if it has been inspected or anything like that. So those are my concerus. TRUSTEE KRUPSKI: Thank you. We will let everyone speak. As a Board we visited the site last Wednesday, go ahead if anyone else has another comments. TOM KRAUS: My name is Tom Kraus, I am here as a resident and representative of Crescent Beach Condominium Association. If you have been to the site fine. I have pictures here that we tried to take to show the scale of the increase in grade and just in terms of brief history about ten years ago. The applicant built a 4 foot stone wall across the entire length of his property that is adjacent to us. Then graded on top of that. Now he is proposing to regrade higher on top ofregrade. First time he did it, caused such flooding in our condominiums. That we had to spend initially approximately $35,000.00 and since then thousands of dollars every year maintaining an area that acts to promote water run-off and drainage. We have a tremendous fear, that this type of thing has the potential of happening again. The applicant has shown in the past no regard for his negligence So we have to look to the Trustees and to other Town officials. My understanding is that the DEC is preparing to send a representative out to look at the area to. TRUSTEE KRUPSKI: May I see that picture. TOM KRAUS: This has happened before and it will happen again. TRUSTEE FOSTER: May I see the pictures. Thank you. TRUSTEE KRUPSKI: Is there any other comment? 1¸5 TOM KRUAS: Just to get an idea, again to the'relative grades of the property. That is the aerial photograph that was taken. The applicant has made himselt~the highest point along that property line. We have no desire to interfere with appropriate activities.to maintain and. beautify the property. But based on the history that we have with .this applicant. We are asking if the Board has the power to set specific guidelines to try to negotiate the rash of the run-off. You know that it going to happen. The current level that he has done and I do not mean from the past. I just mean the new stuff that he has done in the area where he does not have the wall. By the way the property slopes from north to south, so your comment before as to things that are in your jurisdiction become in your jurisdiction guarantee that is going to happen. TRUSTEE KRUPSKI: Thank you. That is what we saw. Go ahead. TOM KRAUS: Can I leave this letter to the Board. NEIGHBOR; I would just like to add that in the original application it does not mention a fine. Certainly not in the notification that the Cresent Beach Condom/mums got. There is no notification at all. (cannot understand) It is not playing fair. TOM KRAUS: Is this a permanent application for putting a fence in. TRUSTEE FOSTER: No not anymore. Not unless it is the jurisdiction of the wetlands. TOM KRAUS: There is no fencing. TRUSTEE KRUPSKI: It says 758feet of chain link fence six feet high. TOM KRAUS: Take a look at the photo. TRUSTEE KRUPSKI: We were there. NEIGHBOR: Excuse me, what about all this traffic, which is going to the dock. I understand the gentlemen built the dock without a permit. He built that wall without a permit. He does everything without asking you Town people on the Board. If he can do this. Is he going to get away with this to. He just wants to do what he wants to do. Once it is done it just stays there. TRUSTEE KRUPSKI: We hope not. NEIGHBOR: I know that when we wanted our dock extended. We went through quite a bit of problems and once your finally approved. TRUSTEE KRUPSKI: Bear in mind our jurisdiction only extends only 100 feet back from the high water mark. When we took a look at the site we agreed as a Board that the fill should be removed from that 100 feet and that any water on the site should be contained on the site. NEIGHBOR: Well it is running offnow,. I just came in from the City, and the first thing I did was went out and looked at this. Water is running'off now with mud with the water. So that is going to come down now and we all ready have enough with water. What about him planting those tree. Is he allowed to plant those trees? Which are non-conforming trees for the area. He plants trees all over the place. I think he planted them to spite the people to take their Water view away. 16 TRUSTEE KRUPSKI: We usually do not require landscaping plans in areas like this. Most of the trees that are shown on here are out of our jurisdiction,. We are 100 feet from high water. NEIIGHBOR: Can the DEC, you interact with the DEC. Can the DEC contact the Town Trustees or should had this been run as a separate investigation. TRUSTEE KRUPSKI: Occasionally, we do act together, but we are two separate completely separate entities. I am sure that they are going to look at it in the same light that we are. That we should not see any run-offs coming offthe property. So their jurisdiction is 300 feet, but they are going to have much greater impact on the property. Or the ten foot elevation. NEIGHBOR: What recourse do we have, How do we stop him from working on the weekend and doing these illegal actions. Who do we contact? Because this is when the activities take place. TRUSTEE KING: Police Department. TRUSTEE POLIWODA: If he is in within 100 feet of the Wetlands you call Marine One, the bay constables. TOM KRAUS; By the time the Bay Constable gets there. The dirt is done and the work is completed and the tractor is a half a mile away from the working area. TRUSTEE KRUPSKI: Weare going to require him to remove the fill and regrade. So it does not affect all the mn-off contained on the site and also to replant that area with beach grass. It is going to be a non-turf area. It is going to be big buffer area between his up-land property and the bay. NEIGHBOR: The other question how much material are you going to require to remove that? How are we come up with the material he is going to remove. TRUSTEE SMITH: They are going to match the existing grades on either side. TOM KRAUS: That is going to be a tough match that grade has been pooled with the neighboring problems are more natural than there, than ours was/. At the time of the construction of Cleaves Point. It looked like they elevated the grade if you look at our whole overall property. TRUSTEE SMTIH: That wall belongs to Cleaves Point?. TOM KRAUS: No it all belongs to Gusmar Realty. TRUSTEE SMITH: Are you on the high side of that wall. TOM KRAUS: We are on the low side of the wall, NEIGHBOR: We get all the run-off of the water. We also are going to have a lot of problems with mosquitos. Those things to worry about with the sickness that they cause. Who is going to establish this finished elevation. TRUSTEE KRUPSKI: He will have to come up with a plan. We will have to review it in the field. NEIGHBOR: I am assuming that survey will generate with elevation and we then can come back and review it at that point. To see what the elevation will be. 17 TRUSTEE KRUPSKI: All he submitted here is (tape change) we will work with the DEC on this and I am sure what we prescribe will be consist with what they want. NEIGHBOR: Thank you very much, thank you for your time. 11. Inter-Science Research .associates, Inc. on behalf of ROBERT PELLEGRINI request a Wetland Permit to remove existing residence and shed, re-locate the existing water tower, construct new residence with accessory structures, install new sanitary system and driveway. No site disturbance will occur closer than 75' from the wetland boundary. Located: 1205 Pt. Pleasant Road, Cutchogue, NY SCTM#114-01-04 TRUSTEE KING: This is in Mattituck. This is off Old Pike in Mattituck. Is there anyone here to speak o behalf of this application? SCOTT DOBRINGER: My name is Scott Dobringer I am with Inter-Science Research Associates, Inc. I am the agent for the applicant, I am a environmental planner and architect. I have an affidavit of posting, I do not know if you require that I submit this right now. I also have a letter of DEC non-jurisdiction I would like to enter for the record. I do not really have any thing to say that I have not said in the apphcation. It is a conforming application and I am here to answer any questions. Or listen to any other comments? TRUSTEE KRUPSKI: Any other comments on this application? TRUSTEE KING: I had a question. A lot of the trees had little pink dots on them, what does that indicate. SCOTT DOBRINGER: Are those trees seaward of the 75 foot boundary that we are not going to. TRUSTEE KING: They are just off the edge of the bluff. Top ofbluffthere are little flags along did you put them there. SCOTT DOBRINGER: I have not seen them in the last week. TRUSTEE KING: There is a row of flags right along the top of bluff. SCOTT DOBRINGER: If they are right along the top of the bluff nothing is going to happen to them. We are not going to disturb anything seaward of the 75 foot boundary as shown on that drawing. Nothing, no grading no clearing. We are going to set up a project limiting fence and stake hay bales right at that boundary and they will remain in place throughout the entire construction. TRUSTEE KING: You establish that at the top of the blnffthat was my question? TRUSTEE KRUPSKI: It looks like it is pretty much at the top. TRUSTEE KING: That was my only concem. Where are they going to move the little tower. SCOTT DOBRINGER: We are going to relocate it. It actually really a cool house for birds. We checked into and we are going to keep as use it a sedamenty. TRUSTEE SMITH: The septic system is that Board Health. SCOTT DOBRINGER: The sanitary system, the only thing that is keeping Health Department for approving it. Is that they want your approval first. 18 I have noticed here on the file if you would like to see it. TRUSTEE FOSTER: Is it a four bedroom house? SCOTT DOBRINGER: I think it is four bedrooms including the bedrooms in the guest house. It says it on the site plan. TRUSTEE KING: Probably in the furore we will be looking at a dock application here. SCOTT DOBRINGER: The dock is in pretty good shape. The pilings are in good shape. The only thing that might be replacing is the decking. TRUSTEE KING: I will make a Motion to close the hearing. TRUSTEE SMTIH: So moved. TRUSTEE POLIWODA: Seconded. TRUSTEE KING: All in favor. ALL AYES TRUSTEE KING: I will make a Motion to Approve the application of Inter- Science Research Associates, lnc on behalf of ROBERT PELLEGRINI remove the existing residence and shed, relocate the existing water tower, construct a new residence with accessory structures, install new sanitary system anddriveway. No site disturbance will occur closer than 75' fi:om the wetland Boundary. Haybales around the top of the bluff during construction. TRUSTEE'KRUPSKI: I think that you did say construction fence around the edge of the project during construction. We would rather see a staked hay bale at the 75 foot mark. Instead of construction fence. TRUSTEE POLIWODA: Seconded. TRUSTEE KING: All in favor. ALL AYES SCOTT DOBRINGER: Thank you. TRUSTEE KRUPSKI: Artie can you take the next one. 12. Proper-TServices, Inc. on behalf of JOANNE MCSHERRY Request a Wetland Permit to remove and replace, in kind/in place 173 linear feet of bulkhead, 95 linear ft. of 4' wide walkway 4'x6' stair landing, 4x7 stairs to grade. Located: 660 Bayberry Road, Cutchogue, NY SCTM#118-1- 13.1 TRUSTEE FOSTER: Anyone like to speak in behalf of this application? JIM FITZGERALD: It is my understanding that the Board approved this permit at the last meeting. TRUSTEE FOSTER: One of the neighbors had a problem. CHARLOTTE CUNNINGHAM: That there was no notification. Then she wrote a letter and said there was. So it should be all right. JIM FITZGERALD: I know what the story is. TRUSTEE FOSTER: Does it need reapproval. We approved it at the last meeting. TRUSTEE KRUPSKI: I am obstaining. TRUSTEE FOSTER: So what do you want to do make a motion based on the correspondence received fi:om the neighbor that the approval stands. I do not remember this in particular is it in the miniutes. 19 CHARLOTTE CUNNINGHAM: There are the minutes. We typed the minutes to show what was said. That it was approved and then the problem come to us next day, that this neighbor claimed. TRUSTEE KRUPSKI: Maybe Mr. Fitzgerald can explain the problem? JIM FiTZGERALD: The owner of the property next to McSherry, the previous owner of the property next to McSherry when the bulkhead was installed to construct a return. Which is on the adjacent property owner's land. The property was sold to these people and they do not care to have any activity going on. On there prope~¢. However that was never any part of the. application. The only work that is going to be done under the permit which was issued is the bulkhead which is on the McSherry property. The return on the adjacent property is not going to be touched. It is my understanding that the Board received several letters from both the property owners and their attorneys. First indicating that they were very upset that they did not get the notification on the heating. They were against it or rather they wanted an opportunity to speak. Then that was followed within a day or so with a letter from the attorney saying that they had no objection to its contends. That is what I know is where it stands now. TRUSTEE FOSTER: We have not received anything else on it. Henry- TRUSTEE SMITH: I was absent from the meeting- Kenny TRUSTEE POLIWODA: No, just as it is vinyl plastic on the bulkhead. Vinyl/plastic sheathing on the bulkhead. JIM FOTZGERA;D" It will be vinyl. TRUSTEE FOSTER: Make a Motion to leave it as previously approved with vinyl bulkheading.. Being that the neighbor was notified. I will make a Motion to do that. TRUSTEE POLlWODA: Seconded. TRUSTEE FOSTER: All in favor. ALL AYES JIM FITZGE ~RALD: In my opinion this problem points out the system for notification by mail by adjacent property owners is inadequate especially when the mailing was to Garden City which in 100 years has the worst post office on Long Island. These people did not get the notice and the post master agreed because he wrote a letter until tow days after the heating. It was mailed in accordance with the Chapter 58 of the code. It really is not enough time. I have always felt that with the posting of sign and the publication in the paper and the mailings to adjacent property owners was a little over kill. But what do I know? TRUSTEE KRUPSKI: Was it over kill or is it inadequate. JIM FITZGERALD: It is especially inadequate when it happens to be three things taken together are over kill. I do not think we should have to do all three. TRUSTEE FOSTER: How do you get verification that neighbors were notified if you do not use the mail system. JIM FITZGERALD: I am not saying that you should not notify them by mail. I am saying we should not notify by mail, and post a notice on the property and publish it in the newspapers. Maybejust do it by mail. Mail and the 20 newspaper whatever. If we are serious about it probably the one-week in advance, is not enough time. If the p.eople live in Virginia, North Carolina. TRUSTEE KRUPSKI: That is the problem with extending it past the week and we did set the system up. But I think the problem with expanding it time wise is that then you are going into next month. Then you get enlongitate the permit process. TRUSTEE SM1TH: If you do not post the property. We will have hard time finding it on inspection. That is the only way we absolutely positively know we are the right place when we see the posting. TRUSTEE FOSTER: New numbers you know, they de not have a house number, you do not have a mailbox number many times you cannot find these places. So we need to back up here and get a motion to close the heating. I have to close the heating. TRUSTEE POLIWODA: Seconded. TRUSTEE FOSTER: All in favor. ALL' AYES I make a Motion to Approve the application of JEANNE McSHEERY for a Wetland Permit to replace in kind/in place 173 linear ft. of bulkhead, 95 linear ft of 4' wide walkway, 4'x6' stair landing, and 4'x7' stairs to grade. Located: 660 Bayberry Road, Cutchogue with the stipulation that the sheathing be plastic or vinyl. TRUSTEE POLIWODA: Seconded. TRUSTEE FOSTER: All in favor. ALL AYES 13. Proper-TServices on behalf of DEBORAH PENNEY request a Wetland Permit to remove and replace in the same location 86' +/- of existing retaining wall, remove and replace in the same location 93 +/- of existing decking between the bulkhead and the retaining wall. Remove and fill material that enters the waterway and replace it behind the bulkhead or retaining wall. Fill as necessary behind the bulkhead and retaining wall to maintain established grades using an estimated 20 cy of spoil from and associated separately permitted dredging activity. Located: 160 Sailor's Needle Road, Mattituck SCTM#144-5-26 TRUSTEE FOSTER: Anyone to speak on behalf of this application? JIM FITZGERALD: Yes, the description, which you read is inaccurate, it should remove and replace in the same location 93 ft of existing bulkhead and 726 sq. ft. of decking between the bulkhead and the retaining wall. Eight or ten words left out. TRUSTE FOSTER: I looked at this. This is part of the Salt Lake Village maybe not pan of that application but it all part of that same in kind/in place thing. So any other questions? JIM FITZGERALD: The next two are all together with the amendment earlier. They are all essential the same thing. Of different pans of that boat basin. TRUSTEE FOSTER: Any Board comments? Make a Motion to close the heating. 21 TRUSTEE POLIWODA: So moved. TRUSTEE KRUPSKI: Are we going to go for a buffer area here? TRUSTEE FOSTER: I will do that. Seconded. Anybody seconded it? TRUSTEE KRUPSKI: Seconded. TRUSTEE FOSTER: All in favor. ALL AYES. I will make a Motion to Approve the application for DEBORAH PENNEY as previously read with the corrections noted by Jim with a stipulation that a ten foot non-turf buffer is put in place from the bulkhead landward. TRUSTEE POLIWODA: Seconded. TRUSTEE FOSTER: All in favor. ALLAYES 14. Proper-TServices on behalf of EDWARD & FAYE REYNOLDS request a Wetland Permit to remove and replace in the same location 101' +/- of existing retaining wall, remove and replace in the same location 70 +/- sq. ft. of existing decking between the bulkhead and the retaining wall. Remove any fill material that enters the waterway and replace it behind the bulkhead or retmning wall.. Fill as necessary behind the bulkhead and retaining wall to maintain established grades using an estimated 20 ey of spoil from an associated separately permitted dredging activity. Install 6'x20' floating dock, secured by two piles, and 4'x16' access ramp. Install wood jetty 12' seaward and 6' landward of existing jetty at eastern end of project. Located: 855 Old Salt Road, Mattituck, NY SCTM#144-5-16 TRUSTEE FOSTER: Anyone to speak on behalf of this application. JIM FITSGERALD: Yes, it is me again. There is the remains of an ancient jetty at that same location and the Reynolds folks say that when it was functioning properly they had much less problems with sand collecting in the boat basin and that they would like to put it back. TRUSTEE KRUPSKI: Also the matter of the float? TRUSTEE FOSTER: That float was an existing float or something new? JIM FITZGERALD: That float is a whole new idea. TRUSTEE FOSTER: As part of this application. TRUSTEE KRUPSKI: There was a problem with the float -Artie see the location of the float. It is 36 feet out. I think that is going to affect navigation. If you put it on the scale on the Robert Fox survey. It sticks out 36 feet I have a 100 feet across the entire waterway. That is more than a 1/3~d across. In addition to that it also, because of the dock across the way. It really going to affect the waterway because the dock across the way is strict navigation. JIM FITZGERALD: There existing two and three pile dolphins here that is the scare. The float as shown in the sketch is in between those, and it extends two or three feet beyond that wall., If that is not acceptable I am sure that if it came out as far as the existing dolphins. They would be satisfied. TRUSTEE FOSTER: This is not going to be shoal area after all this is dredged out Why don't they just parallel here and put the boat fight next to it. JIM FITZGERALD: These dolphins are here already. TRUSTEE KRUPSKI: That is not an navigational space currently. Take a look at where the dolphins are? JIM FITZGERALD: There are two three pile dolphins one here and one here. The float that we are proposing is in between them and it extends several feet beyond the line of the dolphin. TRUSTE FOSTER: It will put you out more than a third. TRUSTEE KRUPSKI: I do not think that it is necessary. You are going to have deep water next to. JIM FITZGERALD: Mavbe if I could answer the question. MRS. REYNOLDS: I questioned that with Tom Sanuels because I thought it should be more even with our dolphins. Rather than sticking out. Or put it on an angle. The two little boats. TRUSTEE FOSTER: You got all this room here. You can put one behind the other. This is all going to be navigable water. Once it is dredged out. If you put the two boats parallel to each other or put the float parallel. MRS. REYNOLDS: Tom Samuels originally thought that it should be parallel to the bulkhead but then my son thought he could not get his boat, boat close in there. That is fine, I do not care, it does not matter to me. TRUSTEE FOSTER: That is probably all you are going to get. TRUSTEE SMITH: How big are the boats? Twenty Feet. MRS. REYNOLDS: Yes, I do not know. JIM FITZGERALD: The dolphins are there. TRUSTEE KRUPSKI: But they are not in navigable water. JIM FITZGERALD: No body is going to go inside the dolphins and that is where the float would be. TRUSTEE SMTIH: As long as it does not go past the dolphins. MRS. REYNOLDS: Could we have it parallel with. TRUSTEE FOSTER: I misunderstood. The boat is not going to be out here The 13oat is going to be one on one side and one on the other and the float extend only until the end of dolphins. That is what we are doing. TRUSTEE tCRUPSKI: So it will stick out perpendicular. TRUSTEE FOSTER: Any other comments? TRUSTEE KPcUPSKI: All we need is a new sketch. TRUSTEE FOSTER: Do I have a Motion to close the hearing. TRUSTEE SMITH: So moved. TRUSTEE POLIWODA: All in favor. ALL AYES TRUSTEE FOSTER: I make a Motion to Approve the application of EDWARD & FAYE REYNOLDS for a Wetland Permit to replace the bulkhead and to install the float. Providing the boats are placed on either side and the float does not protrude further than the existing tie offholes. We need a new sketch, showing that and a 10 foot non-turf buffer where all the bulkhead is replaeed. TRUSTEE KRUPSKI: Seconded. TRUSTEE FOSTER: All in favor. ALL AYES. 23 15. Proper-T Services on behalf of HELEN BICKING request a Wetland Permit to remove and replace in the same location 25' +/- of existing retaining wall, remove and replace in the same location, 25 +/- of existing bulkhead, remove and replace to the same location 260 +/- sq. ft. of existing docking between the bulkhead and the retaining wall. Remove any fill that enters the waterway and replace it behind the bulkhead or retaining wall. Fill as necessary behind the bulkhead and retaining wall to maintain established grades using an estimated 5 cy of spoil fi:om an associated separately permitted dredge activity. Located: 525 Old Salt Road, Mattituck NY SCTM#1144-5-17 TRUSTEE FOSTER: Anyone to speak on behalf'of this applicant? JIM FITZGERALD: Maybe you can explain the function of the ten foot non-turf buffer. TRUSTEE KRUPSKI: In some locations of course where there is more area, We require a larger non-turf buffer and as people use turf grass. They fertile it, they apply things to make it go. When it rains all these items wash directly into the Creek. A buffer between the turf and the creek provide buffer for things that are not applied, Even if it is nutrients it will be floating somewhat before they reach the Creek. So we only require this on bulkhead replacement with area that is going to describe anyway. These areas are going to be all dug up and turned up. When you put a lawn back imp. Some people put sand some people put directive gravel, native' vegetation that flowers and looks nice. So you have any obis ion. In th/s locating you probably go with some sort of a consist pattern, but who knows. NEIGHBOR: So you can have plants. TRUSTEE KRUPSKI: As long as it is a non-turf buffer. TRUSTEE FOSTER: Any other Comments? TRUSTEE KRUPSKI: You want to close the hearing Artie. TRUSTEE FOSTER: I will make a Motion to close the heating. TRUSTEE SMITH: So moved. TRUSTE POL1WODA: Seconded. TRUSTEE FOSTER All in favor. ALL AYES. I will make a Motion to Approve the application of HELEN BICKING to remove and replace 25 feet of existing retaining wall, 525 Old Salt Road, Mattituck with the stipulation that there be a 10 foot non-turf buffer and I assume also is suppose to be plastic or vinyl sheathing. TRUSTEE POLIWODA: Seconded. TRUSTEE FOSTER: All in favor. ALL AYES. 16. Proper-TServices 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 (POSTPONED PER AGENT'S REQUEST) 17. Proper-T Services on behalf of NORTH BAY PROPERTIES, INC. request a Wetland Permit to construct 160' at toe ofbluffto connect with existing bulkhead to the west backfill behind bulkhead to level of top of bulkhead 24 plant filled area with American beach grass on 18" centers, place rock armoring at base of bulkhead, overall run approx. 85' Located: 8869 Oregon Road, Cutchogue, NY SCTM#83-1-33 (POSTPONED PER AGENT'S REQUEST) 18. Catherine Mesiano, Inc. on behalf of SCHEMBRI HOMES, INC. request a Wetland Permit to construct +/- 31'x56' (irreg.) single family residence with pervious driveway, on site sewage disposal system, public water, drywells to contain roof rrm-off. Located: 195 Albacore Drive, Southold SCTM#56-7-13 (POSTPONED PER AGENT'S REQUEST) 19. Catherine Mesiano, Inc. on behalf of ROBERT BOGER request a Wetland Permit to dredge approx. 25 cy of shoaled material l~om seaward side of existing float to achieve -2.5 ALW and 1:3 float (presently float is resting on bottom) install 3'x35' gabion wall ~ westerly end of bank. Dredge spoil to be placed landward of gabion. Located: 455 Willow Point Road, Southold, NY SCTM#56-5-27 TRUSTEE KRUPSKI: Would anyone like to speak in favor of the application? CATHERINE MESIANO: Catherine Messianic on behalf of the applicant. As stated in the application, Mr. Boger would like to do a little dredging at his property to get his float off the bottom. He has an erosion problem, which is necessity the desire of the gabion wall support of that area that is most eroded and I think the application speaks for itself. There is just one thing that I would like to clarify in the application the dredging was to be seaward of the float when in fact it is beneath the entire float. We are going to increase the depth under the float and then use the spoil behind the gabion. I just wanted to clarify that with you. TRUSTEE KRUPSKI: The only concern that I thought of was that there not be turf above the wall there. CATHERINE MESIANO: I think that I did notice some planting in that area. He has been confused about mulch landward of that area. Where the gabion is. What would you like to see the mulch extended in that direction? Plantings - non-turf. TRUSTEE KRUPSKI: He needs access to the float. Put down gravel. CATHERINE MESIANO: So you want some type of a walkway. TRUSTEE KRUPSKI: Non-turf. CATHERINE MESIANO: I will have the plan to show that. TRUSTEE POL1WODA: Is this dredging going to consist of (cannot understand). CATHERINE MESIANO: It is as shown, it is just to get this float - floating. At the site inspection, we discussed some planting seaward of that gabion. TRUSTEE FOSTER: It was not going to be much as I saw actually it basically under the float. A little bit in fi:ont of the float. 25 CATHERINE MESIANO: This is a dump canal, It is a man-made canal. I believe the part of the reason that we need that expansion is that we are able to maintain the property slope. TRUSTEE KRUPSKI: He is only using one quarter of the marsh. TRUSTEE FOSTER: Actually there is not any vegetation at all right here where the float is. CATHERINE MESIANO: ' There is no vegetation because that area is what is eroding and filling in under the float. We propose to plant some vegetation some sea grasses in that area to stabilize the area. TRUSTEE KRUPSKI: You come in front of the gabion to put in Spartina Alterflora. Are there any other comment?. Do I have a motion to close the hearing. TRUSTEE KING: So moved. TRUSTEE FOSTER: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES I will make a Motion to Approve the application with the condition that the proposed dredged spoil area be non-turf. Whether it be plantings or gravel and that the area between the gabion and the dredging be planted with spartina alter-flora 18" on center to stabilize the existing bank. TRUSTEE SMITH: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES. 20. Catherine Mesiano. Inc. on behalf of GRACE KEHLE request a Wetland Permit for a 4'x150' fixed timber dock w/steps to grade. Located: 450 Strotson Road, Cutchogue, NY SCTM#103-10-20 TRUSTEE KRUPSKI: Anyone like to speak in favor of this application? CATHERINE MESIANO: Catherine Mesiano on behalf of the applicant we had put in staking to illustrate where the proposed dock was to be placed per our last discussion and based on the site inspection and at your request we are moving the proposed dock to the westerly side of the property and building, a 3'x95' fixed timber walk with steps down to grade no float as per.your recommendations (tape change) TRUSTEE KRUPSKI: A foot above grade, with hand dug not set in poles no larger in diameter than 6 inches. TRUSTEE FOSTER: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES. 21. Catherine Mesiano, Inc. on behalf of MICHAEL PISCANO request a Wetland Permit to construct a single-family dwelling, private well, on site sewage, disposal.system and pervious driveway. Located: 2350 West Mill Creek Drive, Greenport, NY SCTM#51-6-4 TRUSTEE KRUPSKI: Would anyone like to speak in favor of the application? CATHERINE MESIANO: Catherine Mesiano on behalf of the applicant. Mr. Piscano took your comments on the site inspection under advisement and he would need more time to do more into future investigation on the property. 26 Have some engineering studies done and .he would like to see how the Health Department reacts to this application before he decides whether or not to move forward with it. Or withdraw the application. So I would appreciate your comments for the record. We would like to leave the hearing opened. TRUSTEE KRUPSKI: Are there any other comment? WILLIAM DOUGLAS: I am the adjacent property owner, my name is William Douglas. The only thing that I wanted to ask you is about that pervious driveway - what is that? TRUSTEE KRUPSKI: Not paved. TRUSTEE FOSTER: It is pervious it does allow percolation. WILLIAM DOUGLAS: No matter what they do. They are going to have to gradethat. All the heights are 11 or 12 feet onmyside. If anybody visited the site you can see the erosion. All that waters runs down on my property. TRUSTEE FOSTER: We did not get back in there it is so heavily vegetated. It is so heavily vegetated we really could not walk back in there. AL SCHWARTZ: I have a comment to make, my name is A1 Schwartz I am right across the street from Mr. Becker. If you want to see the erosion all you have to do is go down just past the guard rail and just look at the complete erosion that is coming down. If you have more water coming down. It is just going to wash everything away. That whole area is eroding. If you look on my side because I am right across the street from Mr. Douglas. The whole area is just eroding away. What is going to happen to the little springs, the natural springs that we have. We have a natural fresh water spring there. TRUSTEE FOSTER: We actually tried to discourage the applicant from moving forWard. TRUSTEE KRUPSKI: For the record this is just one in a series of very small limited valued lots that are coming across because.every small lot that was not built on for a reason someone is trying to squeeze a house on it. Because there is more and more interest in these little lots that are undeveloped. Se we did not encourage. We meet the applicant on the site last week - we did not encourage him to pursue this. That is our stand on it now. WILLIAM DOUGLAS: What is my recourse, if it is approved. TRUSTEE FOSTER: You will be notified long before that happens. TRUSTEE KRUPSKI: We are no near approving this. WILLIAM DOUGLAS: I understand that I am just wondering where I get the big guns (cannot understand) Thank you very much. CATHERINE MESIANO: Any run-offthat would be created by a driveway would of course be expected to be contained by the person who is developing the lot. I tlxink that serious consideration has to be what happens to run-off. If you are cleating rm-off. It is your obligation to contain the run-off and not allow it to run through other neighbor's property into a wetland area. Or out into the town's fight away and that is for roof run-off, driveway run-off and we try to consider that. AL SCHWARTZ: Where are you going to start that road?. It is all wetlands you are right on the wetlands. Have you seen the area. 27 CATHERINE MESIANO: We have been there. What we proposed is out side of the flag area. The only place to access the property. AL SCHWARTZ: The problem with that, is the turn around place. There is nothing there you are right up against the barrio. If the town would extend the road then it might be a possibility. Still you are on the wetland. CATHERINE MESIANO: Granted that there is a development problem with the site. My client is pursuing his obis ions. TRUSTEE SMITH: Why don't you buy it? And then you would not have to worry about it. WILLIAM DOUGHLAS: Oh no. What is the asking price?. CATHERINE MESIANO: We will have to step outside. WILLIAM DOUGLAS: Twenty five cents over a dollar is too much. TRUSTEE KRUPSKI: We had an application that was similar to this. Where it was a marginal lot as far as building on it. The adjacent owner contacted and the sale was made no permits were issued on the lot. Adjacent owner bought the property and that was the end of it. So this happens some time. TRUSTEE FOSTER: You can expand your estate. TRUSTEE KRUPSKI: I will make a Motion to Table the application. TRUSTEE SMITH: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES. CATHERINE MESIANO: Thank you.. 22. John J. Lynch, Esq. on behalf of ERICKA SWIMMER requests a Wetland Permit to construct a two-stow, one family dwelling, sanitary system and retaining wall pervious driveway, and connect to public water service. Approx. 250 cy of clean sand fill will be tracked in to raise grades. Located: 850 Orchard Lane, Southold SCTM#90-4-12 WITHDRAWNASPER AGENT'S REQUEST 23. Eh-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, plea approximately 850 cubic yards of sand fill, establish a 50' non- disturbance/non fertilization, buffer adjacent to the tidal wetland boundaries. Connect to publis water and other utilities. Located: 9326 Main Bay view Road, Southold SCTM#87-5-25 TRUSTEE KRUPSKI: Is there anyone who would like to speak in favor of this application. ROB HERRMANN: Rob Hen-mann of En-Consultants on behalf of the applicant, Lisa Edson. First thing that I would like to note that the project description for the most part is incorrect. I had submitted a letter to Al's attention May 1st. where I submitted the most correct project description that should have been which I will read that now into the record: "Construct on 28 pilings a two-story, one family dwelling, deck and swimming pool, install a pervious driveway and sanitary system with concrete retaining wall, place approximately 450 cubic yards of fill, install drywells, establish a 50' non- disturbance non-fertilization buffer adjacent to the tidal wetlands, and connect to public water and other utilizes, all as depicted on the site plan prepared by Joseph Ingegno, L.S. last dated 23 April 2001. This is an application as the Board knows has been long running. We have just had an opportunity to look at it several times. I will quickly bring the Board up to speed as to how we have moved toward this site plan today, which I think desires a minute or so to do. Giving this has been originally applied for and tabled since October of 1999, Were the Board may recall originally having some trouble having the property staked for your inspection. In July of 2000 almost a year ago we had been here before the Board and the Board had expressed concerns that additional wetlands area on the Bissell parcel adjacent had not been shown and the project was tabled. I had then met with the Board and Chris Arfstan andNY State Department of Environmental Conservation on site. Where Chris and I had flagged the additional wetland on the neighboring parcel. Indicated to you that a new site plan would then be prepared accordingly. The board seemed happy with that. Then on JanuarTy 2~th, 2001 the hearing was scheduled to go forward but I had been contacted by Chris Arfstan of the DEC to indicated that the septic system as proposed was problematic for two reason s. One from a regulator stand point, it would be less than 100 feet from the finger like extension of the wetlands on the Kirsch property to the north and that we had apparently also shown the septic system in the fight of way. That is benefited by owners to the north. When I had appeared before the Board. I do not recall whether that Ms. Kirsch had notified you verbally or in writing of the same problems that I have indicated to you at that time we would try to remedy the site plans. Once again. So this final site plan was prepared that is in :front of you. The one that is dated, April 23,2001 and it was forwarded to your attention on May 1st, and a copy of that letter along with the site plan was sent by Certified Mail to all four neighboring owners and we did receive the return receipt card indicating that they had all been noticed. The plan that is in front of you now basically shows the shift in some significant factors that the Board has looked at. First of all the sanitary system is now located 100 feet from all title wetland boundaries. As typically required by this Board and as required by New York State law. The buffer area has been increased l~om 30 feet to 50 feet as per the request of both agencies. All structures now either meet or exceed the 75-foot setback from all title wetlands botmdaries. The amount of fill has been reduced from 850 to450 cubic yards. The septic system has been located out of the right of way. The twenty foot right of way that covers the property. In order to accommodate the most recent request the over all square footage of the proposed development was decreased by about 15% to reduce the total coverage of the adjacent area of the lot from about 8% to less than 7%. In summation the plan that is in front of the Board now meets all of your standards of Chapter 97 of the Town Code. As well as the standards of the 29 Title Wetlands Land Use Regulations. New York State Department of Environmental Conservation permit has been issued for the project and we would ask the Board to de the same. As I now believe the plan does conform with all of the concerns that the Board has described over th last year or so. If you have any other questions, I would be happy to answer them. TRUSTEE KRUPSKI: We will take all comments first. Are there any other comments on this application? MARY KIRSCH~ One of the problems with the survey here is the absence it include the twenty-foot fight of way. Which I own. As part of their front yard and side yard so in effect. Since it does not have the property yardage there it ends up taking the whole building package into the private wetlands. He does not reach the required setback of 75 feet. The same as on the east side of the right away. It is 130 feet east of house deck and septic system right on the right of way. The fight away is twenty feet that you have to have a side yard. I had to have a miuimum of 30 feet. My front yard had been 60 feet. He has down here 60 feet but he is including again my right of way. The other thing is the above ground septic is 16 feet by 6t3 feet that is bigger than my entire basement, 40-foot octagon house that I am building right up above. The other thing that I have concern about also. On my piece of property I have some title wetlands the fifty-foot buffer is right adjacent to my title wetlands where evidently you will be filling in and driving through. Witfi vehicles and so on. I just wanted not to be affect because I am the owner of that I am not held responsible for any kind of problems with the Trustees and etc. It really big Hugh building package that does not fit into that small sensitive area. SHELLEY GARCIA: I am, Shelley Garcia, I am building the house for Mary. What I would like to know is how cans he with the right of way on the east where the septic tank is. How a he build the septic right up to the property line. The house to the property line. Sixty feet of deck and pool which equals a sum of one hundred some odd feet. Right on the property line. We had to go thirty feet. I would like to have someone explain to me and can he do that. How can you put it right on the line. ROB HERRMANN: I can answer all of the question s that were brought up. First of all the question of the fight away. The fight of way is not owned by Ms. Krrsch. The fight of way is part of the ownership of Lisa Edison's property. Ms. Kirsch benefits from the use of the right a way. That is included in Ms. Edison's deed. That is why the meets and bounds as depicted on the survey are depicted as they are from monument to monument to monument to monument. This right of way is not anomalous right way it is a right away'as to any property for example. In the Town et Southampton you own a property on the ocean and you provide the bay front owner with the right away te access over your property. You have not sold part of your land to that owner. You just granted them the right to access over your property. So the concern here was that the sanitary system was going to be placed inside the right of way and thus have no access. It has now been moved outside of the right of way and meets a twenty foot set-back of the side yard property 30 line. Where the Edson property abuts to the Hamel property. That is a clear cut dry issue. First of all it has. No bearing on this addition was an error MARY KIRSCH: Are you n3t supposed to have a fifty foot front yard? TRUSTEE KRUPSKI: What about the regular zoning setbacks. ROB HERRMANN: There is a sixty-foot set back to the proposed house. It is not a set back from a right a way. It is set back from your front yard property. TRUSTEE KRUPSKI: Is this the fact here that you can use the right away in the set back. TRUSTEE FOSTER: No. ROB HERRMANN: Your property line determines your set back. The fact that some body has a right a way whether it is five feet or twenty-five feet. Thirty-five feet is not reducing the area of your property. TRUSTEE.FOSTER: Well it is not correct. You cannot include the right of way in your set back. Unless you go to the ZBA they can give you the right to do that and I had to do that. TRUSTEE KRUPSKI: I would rather not deal with this until it gets finalized. ROB HERRMANN: What I can tell you tonight is that the plan as is. If you are saying is correct. Let me assume that it is correct. Then I am wrong. Then Lisa Edison will be required to go to the zoning board; For a side yard variance. This has nothing to do with this Board. In fact we would go to the zoning board and explain to them the reason that we must appear before them. Is because if we were going to meet a 60-foot front yard setback from that property line. We would then be less than 75 feet less from the wetlands. TRUSTEE KRUPSKI: Unless that plan was changed to reflect a different structure in a different project. So I think my point is that you do not really have a project set in concrete here that you can just say that if we give approval? They could say no and make it smaller. ROB HERRMANN: With all do respect this house has been reduced and changed over and over again for the past year and half. MARY KIRSCH: I had to reduce my house and change my house. ROB HERRMANN;: When I am speaking would you be kind en6ugh to let me finish. This house has been reduced and reconfigured over and over again to respond to the concerns of Ms. Kirsch. In all frankness Ms. Kirsch's house was approved 50 feet from the nearest wetland. This house conforms to the 75 foot set back. Which traditionally been the structural set back required by this Board.. Even if there is a problem with zoning. That is not a situation in this town and in the Town of Southampton the other east end towns. Applicants are routinely forced to go to the Zoning Board and obtain zoning variance because they are forced into configurations where they are meeting a wetland setback but cannot meet a zoning set back. That is not the concern of this Board, whatsoever. TRUSTEE KRUPSKI: Sure it is. ROB HERRMANN: I disagree TRUSTEE FOSTER: You know what happens if we approve this and it just happened to us on another app01ication last month. If we approve this as 31 drawn knowing that these condition exist. It goes to the Building Department and then it gets thrown to the Zoning Board and they do not approve it this way. We have already given you a permit to construct it and they tell you that you have to move it and you move it. There is nothing in place to make you come back to us. ROB HERRMANN: Absolutely not tree, we could not possibly view that without your permission. If you issue a permit with this Site plan we then can not go down and stick the house just for separation sake. We cannot then say put the house five feet from the wetlands. TRUSTEE FOSTER: We just permitted a house to be built. The Health Department relocated the septic system and makes them submit a new survey with the septic system in a different location. It never came back to us. ROB HERRMANN: Well then they violated your code. \ TRUSTEE FOSTER: We found out about it through the neighbors who came in complaining about something. It was not installed se we were able to rectify it. ROB HERRMANN: That is not an anomalous situation, Arfie, we go through this all the time where we have to go back to agencies for amendment. Whether it is you or the DEC and if you were to meet a 60~foot set back. From that front yard property line. There would be virtually no room left for any house. I think the important thing is to meet the set back from the wetland and not the property line which frankly will not affect anybody. Whether this is sixty feet. Or forty feet it is behind the entire area of wetlands phragmites, and buffer area and probably would not be seen. TRUSTEE KRUPSKI: This is not a personal thing because I do not know who is going to live here. If have to design the project to fix the constraints of the project. You have 110-foot house, and you have a swimming pool next to it. So why do you have something designed that are going to meet all the setbacks. ROB HERRMANN: Because that is impossible Al. If you look at what you are saying in vague terms and sounds good on the surface,. But what you are looking at what you are saying. If you elimated the pool and eliminated the deck. That is absolutely nothing to do with the sixty foot set back from the front yard. If you are going to shift that sixty-foot set back down closer to the water.. It is going to push any structure. No matter how big it is. It doesn't matter whether it is a shed or a house. It is going to push it twenty feet closer to all of.the wetlands and I would be absolutely, shocked if we moved the house or anything closer to the wetlands verses going to the Zoning Boated and getting a variance I think that they would approve with their eyes closed. TRUSTEE KRUPSKI: I think that we are talking apples and oranges here. One more question. From Bayview Road out to the parcel who owns that rights a way. MS. KIRSCH: I do. ROB HERRMANN: This property was originally sub-divided by Lisa Edson's father. He bought the property on Main Bayview Road. Lisa Edson took the title from her father for this parcel. The right of way included in the 32 sub-division to provide utility easements and access from the road down through these properties. In all directions including all the way down to surface and across to the Bitzner property, those right of ways were included for access. Because you have three parcels, that are lumped together side-by- side two of whieh are land lock from the water by the Edson Parcel. So these right-a ways have to be in place. Ms. Kirsch benefits right a way. TRUSTEE KRUPSKI: I am not talking about who benefits from it - who owns it? MARY KIRSCH: I own it. TRUSTEE KRUPSKI: We need more information here. Four cubic yards of fill. ROB HERRMANN: For the sanitary system. TRUSTEE KRUPSKI: Strictly, ROB HERRNS~qN: Yes TRUSTEE KRUPKSI: There is no fill anywhere else on the property. ROB HERRMANN: The house is going to be constructed on pilings that conform to the elevation for the specific purpose of not bringing in fill for the' house. MARY KIRSCH: The septic system that is approximately 60'x40' along the wall. ROB HERRMANN: The sanitary system has been designed as it has been designed because of shallow ground water. It has to be raised three feet above ground water and you cannot grade offto the adjacent property unless you can maintain. The retaining walls are as long as they are and there overall circumference, because the retaining wall must be set back ten feet from the cesspools. The Suffolk County Health Department requires the continuation of the face rings. It they were two Mickey Mouse heads mirrored from each other..This is all required by the Suffolk County Department of Health. This system is not, trust me, Ms. Edson can not build any retaining wall but this configuration and this design is what will be required by the Health De?artment. MARY KIRSCH: What about the side yard on the right of way there. You are fight on the right of way property line. ROB HERRMANN: There is no restriction against placing the retaining wall against it. MARY KIRSCH: I had to have thirty feet from the right away. TRUSTEE KRUPSKI: We are not going to get into that. We can not answer those questions. Those questions are going to have to be answered by the GBA. ROB HERRMANN: The question will be answered by the Building Department. TRUSTEE KRUPSKI: The access to the site has always been wild kingdom with Henry driving down there. We are going to have to have the actual right of way staked in relations to the wetlands that past through on the way to the site on the right of way. ROB HERRMANN: On the Kirsch property? 33 TRUSTEE KRUPSKI: That IS correct. Because if you are going to dig in utilities you are going to have a driveway there. It is going to be well within. ROB HERRMANN: You want us to stake the Kirsch property? TRUSTEE FOSTER: The fight a way. TRUSTEE KRUPSKI: The right of way and the proposed driveway to access the property. ROB HERRMANN: Which runs over the Kirsch property. TRUSTEE KRUPSKI: Correct. ROB HERRMANN: Then you would need permission from Ms. Kirsch te do that. TRUSTEE KRUPSKI: Why would you need permission to do that. If it is a right of way. You have the right of way over it. You do not need permission. ROB HERRMANN: You just want the boundary of the fight of way.. TRUSTEE KRUPSKI: We need to see it staked so we can see it in relation to the wetlands. Are there going to be any improvements on the road.. The road becomes an ~ssue then because we do not want the road draining sentiment into the wetlands. ROB I-~RRMANN; My only question ~bout that Al, is that this is from Main Bayview Road down to the north easterly comer of the Edson lot is the same access route thus far that Ms. Kirsch uses. Would you not have covered that in the prior application. That is where the driveway comes down through her lot. MS. KIRSCH: My driveway is up at the top. ROB HERRMANN: That is completely different access. TRUSTEE SMITH: There is a dirt road that is there. I do not know where that dirt road is on her property or next door property. When you drive through there all you see is sky and weeds. TRUSTEE KRUPSKI: So you have to stake it out so we know where the road is going to be. Is there going to be any improvements on the right of way. Are you going to change the grade. Are your going to add gravel. You going to do any clearing these are factors that we have to know. ROB HERRMANN: ! have no problem with that. What I want to know is what questions you have with regard what questions do you want answered with regard to the set back from the fight of way. I am only asking you that because I can tell you right now that if we are given the answer that Artie is telling me that I am going to be given. This plan would still be proposed the same way because we must meet the wetlands set back. TRUSTEE KRUPSKI: Again we are talking apples and oranges, you are saying that you are going to take this plan to the ZBA and get it approved. Because you have to met the setback. TRUSTEE FOSTER: I do not believe you can use, ! had to go through that with. I was nor allowed to use my fight of way as even part of my property when I sub-divided it. They excluded that completely. It could not be used a set back nor could it be included in my two acres as part of the two acre zomng. 34 TRUSTEE KRUPSKI: My vision is that they are going to say no and agree with Artie just said. That the house has to be smaller to meet the set backs. ROB HERRIvlANN: Do you realize right now the house is 36 feet wide. The house would be I6 feet wide, if you met the sixty foot set back from that and also meet the wetland setback. TRUSTEE KRUPSKI: I am not going to say the house is too big or too small. I am just saying that in order to make the setback the house could be smaller. MARY KIRSCH: I would have loved to build a big house. As well over there But Ihad to confoim all these set backs and I am sorry ROB HERRMANN: Ms. Kirsch's house does not conform to the wetlands set back. TRUSTEE KRUPSKh Let us move on, and we are going to table the application. We are going to get more information. Could you please pursue this .with the ZBA ROB HERRMANN: If we get an answer from the building department as to whether the front yard set back would be drawn from the property line or fi:om the right of way. TRUSTEE KRUPSKI: I will make a motion to table and recess the public hearing on Lisa Edson until next month. TRUSTEE FOSTER: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES. 24 En-Consultants, Inc. on behalf of CHARLOTTE DICKERSON request a Wetland Permit to construct a +/- 138' timber retaining wall and 21' easterly return, and backfill with approximately 300 cubic yards of clean sand to be tracked in from an upland source and planted with Cape American Beach Grass (12" on center). Westerly terminus of proposed structure will be into face of adjacent steel retaining wall on west, and portions of existing 1-3 ton stone toe armor fronting adjacent return will be relocated to armor proposed return. Located: 630 Blue Horizon Bluff, Peconic, NY SCTM#74-1-35.51 TRUSTEE KRUPSKI: Anyone would like to comment on the application? ROB HERRMANN: Rob Herrmann of En-Consultants on behalf of the applicant, Charlotte Dickerson, the projeca as proposed would entail the construction of a timber retaining wall that would be tied into the adjacent retaining walls. Obviously in view of that it requires three authorizations from the adjacent property owners we have written Mr. Ginga to discuss the possibility of view the space primilarily on the fact that when ~ese types of projects come. Historically, this Board and basically in fashion of property design look to avoid having gaps in between the structures and actually have their faces tied together. I had spoken to a representative of Mr. Gingas who had asked me to follow up with them and provide a little more information in writing as to how they would benefit fi:om in fact fi:om caring out the plan as proposed. I did that in a letter of April 30th but have not heard back but I did advise the gentlemen I spoke with that there would be a hearing tonight and of 35 course they were notified in writing. Basically what we are proposing is to extend the serried that exists to the west, In an easterly direction in other words the return would be closed off from the Dina side and return with be an armored - return would be constructed on the beach side of the Dickerson parcel. That is it. I do not know if anyone is here this evening representing Mr. Ginga but which way I would be interested in getting the Boards comment on whether this would in fact be the design that you would prefer. If we could authorization from Mr. Gina. TRUSTEE KRUPKSI: Is there anyone else who would like to speak on behalf of this application. Or against the application. First of all any kind of structure, which we are not going to improve tonight. Could not start that far seaward. You would have to start at the toe of the bluff. ROB HERRMANN: The structure is proposed at the bluff toe. TRUSTEE KRUPSKI: When we did a field inspection the bluff toe I think would consider being at the end of the remm of the neighbor. ROB HERRMANN: I was going by the survey ~that was prepared by John Alers and inspected the sight myself and agreed where he was showing the bluff settled, which is more or less in line it maybe a couple of feet back but I would say that it is more or less in line with the face stretchers to the west. That was my perception of it. I staked it and that was consistent with what the survey showed. TRUSTEE KRUPSKI: Even from the photographs it shows the toe of the bluff at the back of the neighbor's. It is pretty clear from the photographs provided.. ROB HERRMANN: I could look at it again. [fit needs to be shifted landward that is fine. TRUSTEE KRUPSKI: ~he area itse[fis not a rapidly eroding space. ROB HERRMANN: The bluff crescent is pretty badly scared and it is striped of vegetation and it actually if you look at the survey. The bluff~crest has actually gotten pretty Close to the dwelling that is up there. It is a matter of feet from the bluff crest. They are certainly interested in making sure that crest does not continue transgress landward. That house will be coming down the bluff. TRUSTEE KRUPSI: I think we would like to table this and maybe you can do another inspection there and maybe consider alternatives to a straight bulkhead there. Because it is not a situation that is actively coming down from the toe. The bluff scarf is shear there. It might have to be cut back and revegetated.. ROB HERRMANN: Maybe what we should do, plan to meet at the site perhaps also with the contractor so we can explore basically the location of the bluff toe and whatever b the Board may wish to consider. I think re- grading certainly placing fill on planting along that area is certainly a reasonable boson. I do not know how far landward you could cut and taper the crest, because you would have to Because you would have to cut and taper about pretty close to the foundation cottage. We can look at it at the site. 36 See if the contractor would be able to work in that area with equipment to see if that can be graded. To a more natural angle proposed. TRUSTEE KRUPSKI: I will make a motion to table the application and revisit the site on June 13th. All in favor. ALL AYES 24. Eh-Consultants, Inc. on behalf of CItRISTINE HUNT requests a Wetland Permit to remove and replace (in-place) existing 16' timber groin with 15' Iow profile timber groin. Remove and replace in-kind/in-place approx. 83 linear ft. of landward timber retaining wall and back fill with approx, 25 cy of clean sand fill to be tracked in from an upland source and placed with beach grass, rosa rugosa, and or other native species. Located: 5700 Vanstan Road, Cutchogue, NY SCTM#11-10-13.1 TRUSTEE KRUPSKI: Is them anyone here would like to speak in favor of the application. ROB HERRMANN: Rob Herrmann on behalf of the applicant Christine Hunt. The application is pretty straight forward it is consistent with an application that was recently approved for Eileen Cashew to the south. What I would add to that in the project description is the proposal mad I would assume this Board would agree with it. Is that upon the inspection of the site by the DEC it was their recommendations that the existing 22-foot groin remain along the property. In fact not be removed. Ms. Hunt was agreeable to that and indicated that she had directed to provide the plans accordingly and resubmit then to the DEC and to your attention to that you would agree to that. Or at least not have any objections to it. Basically that is a deteriorating groin, which will benefit the Cashews But proper to remove it, which the DEC has recommended, and she has agreed to that. TRUSTEE KRUPSKI: What is the height. ROB HERRMANN: It is currently if you look at the cross section it is currently six feet, we are proposing to re-set to five feet to be consistently with what was approved by Cashew. I just said those numbers wrong. TRUSTEE KRUPSKI: I am looking at it. ROB HERRMANN: It is three now, and we are planning to decrease the height to five feet from the top of the bulkhead. TRUSTEE iKRUPSKI: I am looking at the plan, when you said it. ROB HERRMANN: Lower it by two feet. TRUSTEE KRUPSKI: Does anyone have a problem with this? Do' I have a motion to close the hearing? TRUSTEE KING; Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES TRUSTEE KRUPSKI: Do I have a motion to approve the application as amended? ROB HERRMANN: I will give you the plans TRUSTEE KRUPSKI: All in favor. ALL AYES 37 26 En-Consultants, Inc. on behalf of PATRICIA ASTARITA requests a Wetland Permit to replace (within 18") approx. 76 linear ft of existing timber bulkhead with vinyl bulkhead and replace (within' 18") approx. 24 linear ft. of existing and backfill with approx. 45 cy of clean sand fill to be tracked in from an upland source and planted with Cape American beach grass (12" on center), Construct approx, 81 linear ft of vinyl retaining wall to extend from existing wood tie wall and backfill with approx 60 cy of clean sand fill to be trucked in from an upland source and planted with native species. Reconstruct and reconfigure stairways and platform down bluff to beach and beach cottage and buttress existing deck with (2) 10' pilings driven vertically to beach. Located: 5655 Nassau Point Road, Cutchogue NY SCTM#111-13- ROB HERRMANN: I am Rob Herrmann of En-Consultants, Inc. on behalf of The applicant Patricia Astarita, in the event that you got a migrane looking at the plans there is a lot going on here, but it is actually not very much in change. What is proposed in essence is the replacement of the existing bulkhead. Unfortunately, the bulkhead in the orderly part of the lot will be simple raised for the use of beach project. There are going to be some basically minor structural reconfiguration in the platform and stairs leading down to the area behind the bulkhead. And to the beach in addition to the replacement in kind/in place of the stairs that are exiting on the parcel.. Essentially what the Astarita would like to is to reconfigure the platform so that they can walk down to an area immediately behind the bulkhead, which would be a buffer area. The area would be basically be flattened out by the backfill which would led to a landing and planted with beach grass. Then the stairs would be constructed. In other words instead of stairs just shooting from the bluff all the way to the beach. There would be a landing there behind the bulkhead and the buffer area. The proposed pilings on the deck are essentially to reinforce the deck that is there. We have an aerial photograph from 1976 where this house actually had not been constructed but the beach cottage and that deck had been. Right now, the supports for that deck are basically cantilever beams. Which Mr. & Mrs. Astarita would like to shore up basically in a safer manner as recommended by the contractor by driving pilings straight down vertically into the beach as shown on the cross section of the plans. The proposed retaining wall this is very common to the Board in these areas.where there will be a flattened area behind the seaward bulkhead. So what they would like to does provide secondary stabilization for that bluff, reta'ming wall - landward of the bluff area. Basically that 12feet there between the bulkhead and the retaining wall will be planted buffer and a flattened area. If you have any questions with regard to any of the proposals here I would be happy to answer them. But that is more or less the project as shown. TRUSTEE KRUPSKI: May we see the aerial photographs. ROB HERRMANN: Yes, it is right there, the beach cottage and the deck. There is no house at that time. You can see on the survey the neighbors have decking and deck areas that actually come right up from the property line. 38 TRUSTEE KRUPSKI: My only concem is the pilings on top of the beach. Are they going to take all that other stuff out underneath clean the area up? ROB HERRMANN: If he can put in the vertical pilings he would eliminate the cantelever I cannot say that for fact I would have to ask. What he probably would do at least may be replace them maybe just put one in firmly cut them in half. TRUSTEE KRUPSKI: My dilemma here is that two posts are not going and the neighbors are sticking out with all that junk there. ROB HERRMANN: Rampo is doing it, and I met with Chuck on site and I am sure that he is going to do this in the cleanest. Al, The cross sections that I showed will be planted with beach grass and it is not on the plan. TRUSTEE KRUPSKI: Do I have a motion to close the hearing? TRUSTEE FOSTER: So moved. TRUSTEE POLIWODA: Seconded. TRUSTEE KRUPSKI: De [ have a motion to approve the application? TRUSTEE SMITH: So moved. TRUSTEE POLIWODA: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES. 27. Land Use Ecological Services, Inc. on behalf of RICHARD & MARIA KICK request a Wetland Permit to install a 4x4 timber access stairway, a 4'x8' fixed CCA timber dock secured by (4) 6" dia. CCA timber pile and elevated a min. of 4' above grade a 3'x18' ramp and 6'xl0' float secured by (2) 8" diameter CCA timber piles. Dock shall be accessed on site by a 4'x92' natural wood chip pathway. Located: 500 Tarpon Drive, Southold, NY SCTM#57-1-5 (POSTPONED PER AGENT'S REQUEST) 28. Costello Marine Constructing Corp.. on behalf of THOMAS LEWICK requests Wetland and Coastal Erosion Permit to construct 100' of bulkhead (w/C-Loc Vinyl Sheathing) 18' face-to-face in front of existing. Located: 1315 North Parish Drive, Southold. NY SCTM#71-1-13 TRUSTEE POL1WODA: Would like anyone like to comment? JOHN COSTELLO: My name is John Costello and I am with Costello Marine Constructing we are the agent's for the applicant. If the Board has any questions I will answer them. TRUSTEE POL1WODA: On inspection I have one question is there a permit for the dock? JOHNCOSTELLO: Yes from the Trustee's and the DEC. It is a seasonal dock and is taken out. It is within 18" the backside of the vinyl sheathing ! beheve is about 5-1/2 inches in front. We are going to remove the pilings in front of the bulkhead so it stays up close to the existing. TRUSTEE POLIWODA: It will be a time one time bump out for us I will make a motion to close the hearing. TRUSTEE SMITH: Seconded. 39 TRUSTEE KRUPSKI: All in favor. ALL AYES. TRUSTEE POLIWODA: I will make a Motion to Approve the perrmt application on behalf of THOMAS LEWICK to construct 100' of bulkhead with C-Loc Vinyl Sheathing 18' face to face in front of existing. TRUSTEE SMITH: Seconded. TRUSTEE KRUPSKI: How do you want it to get it re-vegetate? TRUSTEE POLIWODA: Behind the bulkhead. It looks like there is sand there now. JOHNCOSTELLO: It is mostly sand there now, and we are just going to leave it. Because we are going to be storing the dock on it again. TRUSTEE POLIWODA: I have a second. All in favor. ALL AYES 29. Costello Marina Constructing Corp. on behalf of ROBERT STICKLE request a Wetland Permit to construct a 4'x6' platform of existing bulkhead with 32'x20' aluminum ramp leading to a 6'x20' float heading westerly secured by two 2 pile dolphins. Located 415 Harbor Lights Drive, Southold, NY SCTM#71-02-04 TRUSTEE POLIWODA; Anyone like to comment on this application? JOHN COSTELLO: Again my name is John Costello and I am the agent for the applicant. Do the Tmstee's have any questions on it? Again exactly a duplicate of what was approved for John & Leslie Graham, just next door to them last year. It does not protrude out into the waterway. TRUSTEE POL1WODA: Thank you; I looked at this site. Does the Board have any other comment? TRUSTEE KRUPSKI: What is according to the pictures. That is directly into the bulkhead. Washing into the canal. TRUSTEE POL1WODA: It did not appear to be washing over it. I was looking at the neighbor's it looks like a 6 to 10 foot buffer. JOHN COSTELLO: We are in the process of planting grass at the time. TRUSTEE POLIWODA: There is absolutely nothing there. TRUSTEE KRUPSKI: By the picture it looks like it is washing right over the bulkhead. JOHN COSTELLO: I did not see any of it washing over but I can tell you what. The adjacent property one of his problems with the property is when you have an outpour from the Town running right through his property line easement right overboard and it has just been recently been replaced. Now there is a pile of sand at the end of that out wall. You want a picture of it. TRUSTE KRLIPSKI: I have seen it all over Town. TRUSTEE POLIWODA: It has not rained in a month. So I did not see it. JOHN COSTELLO: But there is a pile of sand and the north shoal that is significant is going right out there. TRUSTEE POLIWDOAD: If there are no other comments? I will make a motion to close the heating. TRUSTEE SMITH: Seconded TRUSTEE POLIWODA: All in favor. ALL AYES. 40 I will make a Motion to Approve the Wetland Permit on behalf of ROBERT STICKLE to construct a 4'x6' platform a 32"x20" aluminum ramp leading to a 6'x20' float - 2 pile dolphins with a ten foot non-turf buffer from the bulkhead landward. TRUSTEE SMITH: Seconded. TRUSTEE POLIWODA: All in favor. ALL AYES. 30. Crowley Marina Construction on behalf of JOHN J. CASILLO request a Wetland Permit to construct 50' low profile bulkhead and remove approx. 60 cy of material from 10'xS0' area in front of bulkhead to a depth of-6.0' at ALW. Place dredge material onto barge using clam shell bucket and truck material to approved upland site. Backfill behind new bulkhead using 20 CY clean SAND FILL. Located: 360 Wiggins Lane, Greenport, NY SCTM#35- 4.28.33 TRUSTEE SMITH: Is there anyone here representing Mr. Casillo ?. IAN CROWLEY: Ian Crowley on behalf of the applicant. If you have any questions? TRUSTEE SMITH: Does anyone have any comments? The Board has any comments? TRUSTEE KRUPSKI; We actually like the idea on paper until we got there. The purpose of the low profile so that you can plant establish a marsh behind it and dredge in front to get your water depth. IAN CROWLEY: Actually, the dredging doesn't reach the extent of the low profile more focused on the float. It is an 80-foot area. TRUSTEE KRUPSKI: What we have here shows the dredging right in front of it and adjacent to the float. I do not think we had problem with the dredging. The low profile bulkhead we do not have a problem with but it has to be set between mean-high and mean-low waters, so it is flooded twice a day. Planted with Spartina Alterniflora so that it is a marsh behind it. That is the purpose of the low profile you can establish a marsh behind it. Dredge for the water depth in front of it. IAN CROWLEY: What is the purpose for a hemorrhage to stop for all the sand going into the Creek. TRUSTEE KRUPSKI: Well this will do it too. IAN CROWLEY: You want it to necessary plant marsh grass. TRUSTEE KRUPSKI: That would be one of the conditions that is the way we saw it. It looks like in fact. Even looking at the plans. They did not plant anything but it looks like it has a little planting form. IAM CROWLY: May I take a look again? TRUSTEE KRUPSKI: It looks like it is planted up with marsh grass. IAN CROWLEY: I think that is to mark the fill area. TRUSTEE KRUPSKI: You know what I am saying. We have let other people do that a low profile and have their marsh in the back and have their water depth in the front and the marsh protects the property. Because the sand cam~ot get through it. It holds the sand in place. Then you can dredge in front of it and get your water depth. We do not allow this everywhere in town. .41 This is a dredge canal we would allow you to de that. You would not have sand washing into canal in front of you. You would have whatever water depth you would need. [AN CROWLEY: So approved with the condition that it be planted with marsh grass. TRUSTEE KRUPSKI; Sparfina Alemflora behind. lAN CROWLEY: Let me make a comment on this. That was a boat- launching ramp originally. That was what they used to haul a boat up on The only trouble is when you dredge. The channel was originally dredged from 8-foot depth. You will see that ramp was scoffing off going out into the creek. Sure they do not want to give up the boat ramp that is the reason trying to stop that filling in. TRUSTEE KRUPSKI: You could actually keep the boat ramp. If you wanted the boat ramp you use that gee-webbing. Plant it with marsh grass you can still use the boat ramp put gravel in it and hold it in place. The grass will stabilize k. You can still dredge in front of it. IAM CROWLEY: How far back do you want the grass? TRUSTEE KRUPSKI: You need something to hold the sand in the grass will hold the sand. We could not understand why you were going to close. It seems like a nice access. We could not understand why you wanted a bulkhead. You might want to secure it with different matting or something that will hold the sand in. I do not think that we have a problem with that. Do we? Instead ora bulkhead across the front. IAN CROWLY: Well the applicant is right here. JOHN CASILLO: What else do I put there? IfI do not put a low profile bulkhead. TRUSTEE KRUPSKI: Well if you still want a ramp. There a member of alternatives to stabilizing that including planting. That you can still use it as a boat ramp. IAM CROWLEY: Well you were just going to put a canoe or kayak. Something small. Just to stop the sand from keep going in. He is not going to pull up a 16-foot boat there. TRUSTEE KRUPSKI: You could put down from the top of you existing bulkhead you can put in a low profile bulkhead. Dredge in front of it. Plant the back up. You have got to stabilize the sand, plant the back up with Spartina Alteriflora. It will hold the sand in it will not wash down. Because when the waves come up it will not pull it out into the canal. Or figure out another way like webbing or matting that you can use to stabilize that. You can keep it. IAM CROWLY: I think we prefer webbing it is better. Because he has the marsh fight there. Then he cannot put it. TRUSTEE KRUPSKI: You would have a path through it. You need something to hold it in place. There are plant materials that you can sink into the sand to hold them in place instead of bulkheading. It makes it more complicated an then you still have your ramp. That is what we were thinking about when we were out there. IAN CROWLEY: What if you just put the matting behind the bulkhead. TRUSTEE KRUPSKI: Sure we have no problem with that. TRUSTEE SMITH: No. IAN CROWLEY: It only has to be stabilized to high water anyway. The matting you will not see. I know that grading that you kind of submerge into the sand. Do you want me to bring in a different drawing? TRUSTEE KRUPSKI: We can approve it tonight. With a different drawing. We want it three foot below the current bulkhead. The top of that low profile to be three foot below current bulkhead. Is there any other comment. I will make a Motion to close the hearing. TRUSTEE SMITH: So moved~ TRUSTEE POLIWODA: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES TRUSTEE SMITH: I will make a Motion to Approve the application of JOItN J. CASILLO request for a low profile bulkhead with the matting behind the bt/lkhead to stabilize the beach. Permit will be issued when the new plans reflect :the low profile bulkhead three foot below the existing. TRUSTEE POLIWODA: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES 31. D&A Structural Contractors, Inc. on behalf of PORT OF EGYPT MARINA requests a Wetland Permit to replace fire damaged roof and roof framing over building containing Apts. #19,20 & 21 Fish Market an Bait & Tackle Shop. Wails & ceilings to be upgraded to confirm with current codes. Located: Main Road, Southold, NY SCTM #56-6-3 TRUSTEE KING: Anyone who would like to speaks on behalf of this application? JIM BURKE: Jim Burke of D&A Structural Contractors, Inc. on behalf of Port of Egypt Marina. The blue print of the property stays the same I have to change the roof pitch to make it work. I was not going to change the footings the one end of building which is the south end of the building. It shows that three footings will be installed to support the existing footings there. TRUSTEE POLIWODA: The only point that I had been the roof run-off. JIM BURKE: When you came out you did specify I believe it is on the drawings that there are various drywells on the entire building. It really is to repair the fire damage. TRUSTEE KRUPSKI: The aluminum leaders and gutters. JIM BURKE: You did mention the gutters and leaders and drywells. TRUSTEE KRUPSKI: It is the drywells that I do not see. TRUSTEE SMITH: I have no problem with it. TRUSTEE KRUPSKI: I do not see the drywells on this on the plans. I think we want to disapprove it subject to the Town Engineer's approval of the drywell extension Do I have a Motion to close the hearing. TRUSTEE SMITH: So moved. TRUSTEE POLIWODA: Seconded. TRUSTEE KRUPSKI; All in favor. ALL AYES. 43 I will make a Motion to Approve with the condition that we get the Town Engineer's okay on the dry wells capacity for the building. TRUSTEE SMITH: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES. 32. Susan E. Long on behalf of SARAH L. CAMPBELL requests Wetland Permit to construct185 +/- access stairway with 4'x5' upper middle and lower platform and 3 'x8' removable stairs. Located: 1205 Soundview Avenue, Southold, NY SCTM#50-2-13 TRUSTEE FOSTER: I did not have a problem with it. TRUSTEE KRUPSKI: Any other comments? TRUSTEE FOSTER: Is there anyone here to.represent this applicant. Any comments. There being no comments any Board comments. I will make a Motion to close the hearing. TRUSTEE SMITH: So moved. TRUSTEE FOSTER: Seconded. I will make a Motion to Approve the application of Sarah Campbell for the access stairway with two conditions that the trees that need to be cut be cut at the ground level. Stumps remain, and any vegetation has to be cleared. Is just cut and allow to regroup for bluff stabilization. TRUSTEE KRLrPSKI: Do you have a Motion to second? TRUSTEE POL1WODA: Seconded. TRUSTEE FOSTER: All in favor. ALL AYES. 33. J.M.O. Consultants, Inc. on behalfofYVETTE LAND EINCZIG requests a Wetland Permit remove a 5-1/2'x28' fixed dock and to construct a 4' x 16' extension with a 5'x10' "L" at it's seaward side. Located: 3055 Wells Road, Southold, NY SCTM#70-4-11 TRUSTEE POL1WODA: Would anyone like to comment? ANGELO STEPNOSKI: Angelo stepnoski, Greenport Docks once again it is a 4x56 foot extensmn replacing 28 feet additional and 6x10 "L" TRUSTEE POLIWODA: We all looked at this. TRUSTEE KRUPSKI: We looked at it twice. TRUSTEE POLIWODA: I am very familiar with this spot. I know the water depth. You did not hit the bar. ANGELO STEPNOSKI: There is no bar fifty feet seaward at the end of that dock There are trees down, piles where the dock used to be longer. TRUSTEE POLIWODA; What kind of water depth do you have. ANGELO STEPNOSKI: Four foot. The dock is dry about 15 feet sea level at normal low tide. TRUSTEE POLIWODA: I have a hard time believing that. ANGELO STEPNOSKI: I have pictures showing the 15-foot of sand at the end of that dock. I have pictures of the pilings north of the water. I did not know this meeting was going to be tonight until seven o'clock. There is plenty of room even if these people want a fix dock. The reason these people 44 want a fix dock rather than a floating dock is that they live in Lagoon Beach, California and use the house two week-ends in the summer. They do not want to worry about the dock. TRUSTEE POLIWODA: I could not see going any farther than where it breaks off. We were all out there looking at. It looks like ten feet beyond where the dock starts. ANGELO STEPNOSKI: I have pictures showing where the dock ends. TRUSTEE KRUPSKI: Maybe you ought to recess it and bring us that picture, because we were out there twice and I value Ken's experience in these creeks and [ do not doubt your word. I have seen it and I seen Kermy's judgment and I have seen it proved in the field. So maybe if we see these pictures. Ij ust do not want to say that you are not right. TRUSTEE POL1WODA: I would go far and claim that the shoal actually goes up beyond the house. To the south. ANGELO STEPNOSKI: Who Burns. TRUSTEE POLIWODA: The house to the South. ANGELO STEPNOSKI: The house to the South is across the street. TRUSTEE POLIWODA: What is it east towards the bridge? ANGELO STEPNOSKI: This dock the way it is proposed will not be as long as Burns's dock. It is sure is designed as it is. TRUSTEE KRUPSKI: That is all right. Burns has a hugh dock there. TRUSTEE POLIWODA: Are you familiar to the East that there is foot and half water. ANGELO STEPNOSKI: Which dock Burns. TRUSTEE POLIWODA: From the dock proposed you would hit a sand bar. There is a sand bar. ANGELO STEPNOSKI: If you go directly out - sure you can. TRUSTEE POLIWODA: Not low tide high tide you can. ANGELO STEPNOSKI: I walked out. I have been in there thousands of times and have no problem. TRUSTEE POLIWODA: Go now at low tide and you will see it. He is right at the end of. ANGELO STEPNOSKI: There are tons of water out there. I walked out there in one day. The only thing that kept me from going over my head was a stick I had at low tide. TRUSTEE POLIWODA: I cannot see going any further than ten feet where that dock ended. ANGELO STEPNOSKI: It is dry. Ten foot beyond that I guarantee it. TRUSTEE KRUPSKI: There is ne sense in going on anymore. why don't they have it just as it was? ANGELO STEPNOSKI: It wasn't like that there are piles broken off on the bottom that go out further than what is there. TRUSTEE KRUPSKI: But what is there is there. So someone was using it like that. ANGELO STEPNOSKI: It is dry ten feet beyond that dock it is dry. I Walked out fifty feet beyond the end of that dock and there is no guarantee. 45 TRUSTEE KURPSKh I will make a Motion to Table the application. We will meet the applicant on site next month. ANGELO STEPNOSKE I will walk out there with you. I will take my shores off. Walk straight out. TRUSTEE KRUPSKI: I need a second to table it. TRUSTEE KING: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES. We all will be out there. 34.Patricia C. Moore Esq. on behalf of FREDERICK & ANNE VON ZUBEN request a Coastal Erosion Permit to remove demolish existing concrete retaining wall and reconstruct in/kind kd[place and extend along length of house. Repair concrete patio continued behind house with step down 7" patio ~ 16" above grade. Remove existing retaining walls along property lines to grade and landscape. Located: 1125 North Sea Drive, Southold, NY SCTM#54-04013 TRUSTEE KRUPSKI: Anyone would like to speak on behalf of the a the applicant?. TRUSTEE FOSTER: I looked at that. I saw no problem with it. I will make a Motion to Approve the application as requested. I will make a motion to close the hearing. TRUSTEE KRUPSKI: Seconded. TRUSTEE FOSTER: All in favor. ALL AYES I will make a Motion to Approve the application of FREDERICK & ANNE VON ZUBEN for the Coastal Erosion Permit demolish existing concrete retaining wall, reconstruct in/kind in/place and extend along length of house. Repair concrete patio behind house step down 7" patio ~ 16' above grade remove existing retaining wall along property lines to grade and landscape. TRUSTEE SMITH: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES 35.Patricia C. Moore, Esq.. on behalf of GERALD RAFFERTY requests a Wetland Permit for the placement of spoil (from SCDPW dredge of Little Creek or other) Geotube for retention of sand and plant with Cape American Beach Grass 18" on center and Rosa Rugosa 5' on center. Relocate away from wetland existing float, ramp and piles approx. 75' west (inside private boat basin). Located: 9205 Skunk Lane, Cutchogue, NY SCTM#104-3-16.1 (POSTPONED AS PER AGENT'S REQUEST) TRUSTEE KRUPSIK MOVED TO GO OFF THE PUBLIC HEARING AND GO BACK TO THE REGULAR MEETING. TRUSTEE SMITH: So moved.. TRUSTEE FOSTER: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES. 46 V. RESOLUTIONS; 1. FLORENCE H. KLEISS request a Grandfather Permit for a 75' of bulkhead installed and backfilled. Located: 1500 Leeton Drive, Southold, NY SCTM#58-2-4 TRUSTEE KRUPSKI: Table it until next month. Had no plans has to be looked at. TRUSTEE SMITH: Seconded. ALL AYES. VI. MOORINGS: 1, PETER MCGREEVY request to replace mooring #901 in Matfituck Creek for a 24' Sailboat Access: Public TRUSTEE SMITH moved to Approve the application. TRUSTEE POLIWODA seconded. ALL AYES. MEETING ADJOURNED: 11:45 p.m. Board of Trustee RECEIVED g, ND FILED BY 47