HomeMy WebLinkAboutTR-05/24/2000. /K~ ?,~
Albert J. Krupski, President ~ ~,~ Town Hall
James King, Vice-President 53095 Route 25
Henry Smith P.O. Box 1179
Artie Foster Southold, New York 11971-0959
Ken Poliwoda Telephone (631) 765-1892
Fax (631) 765-1366
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
MINUTES
May 24,2000
PRESENT WERE: Albert J. Krupski, Jr., President
Jim King, Vice President
Artie Foster, Trustee
Ken Poliwoda, Trustee
Charlotte Cunningham, Clerk
ABSENT WAS: Henry Smith, Trustee
CALLED MEETING TO ORDER
PLEDGE OF ALLEGIANCE
NEXT FIELD INSPECTION: Wednesday, June 14, 2000 at 11:00 a.m.
NEXT TRUSTEE MEETING: Wednesday, June 21, 2000 at 7:00 p.m.
WORKSESSION: 6:00 p.m.
APPROVE MINUTES: Approved Minutes March 22, 2000 & April 19,
2000
at Regular Meeting.TRUSTEE KING moved to approve, TRUSTEE FOSTER
seconded. ALL AYES
I. MONTHLY REPORT: The Trustees monthly report for May 2000:
A check for $3,426.62 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. En-Consultants on behalf of KIMBERLY MUELLER requests an
Amendment to Permit 95119 that the proposed iow-sill bulkhead be
placed 2' further landward so as to minimize the amount of fill
to be placed in the existing "shoals and mudflats" area, as per
the request of the DEC. Located: 1445 Bungalow Lane, Mattituck.
SCTM9123-3-19
Board of Trustees ~ 2 ~-a~y 24, 2000
TRUSTEE KING moved to approve the amendment. TRUSTEE POLIWODA
seconded. ALL AYES
2. En-Consultants on behalf of DAVID & ANN CORIERI requests an
Amendment to Permit # 5123 to approve reconstruction of the
easterly groin subsequent to the permanent removal of the
westerly groin, as per the request of the DEC. Located: 412
Park Avenue, Mattituck. SCTM~123-7-9.2
TRUSTEE KING moved to approve the amendment. TRUSTEE POLIWODA
seconded. ALL AYES
3. En-Consultants on behalf of ANDREW MOORE & KAREN SIL~EIRA
requests an Amendment to Permit #5128 to depict 50-100 lb.
stone armor at the toe of the proposed retaining wall and
Ammophia breviligulata plantings on the bank, as per the request
of the DEC. Located: 515 South Street, Mattituck. SCTM~106-11-21
TRUSTEE KING moved to approve the amendment. TRUSTEE FOSTER
seconded. ALL AYES
4. En-Consultants on behalf of WILLIAM BA~LIS requests an
Amendment to Permit #5086 to depict a seasonal "stick" dock and
a low-sill bulkhead proposed 7' farther landward that originally
proposed. Regarding the dock, the catwalk will be supported by
4'x4' posts and the float by 4"x6" posts, and the ramp and float
portion of the dock to be located seaward of the vegetated tidal
wetlands, as per the request of the DEC. Located: 535
Ashamomague Avenue, Southold. SCTM~66-3-1
TRUSTEE KING moved to approve the amendment. TRUSTEE FOSTER
seconded. ALL AYES
5. Samuels & Steelman Architects on behalf of GERAT~ & MARION
GELBWAK$ requests a Waiver to demolish existing garage which is
located 46' from the edge of the wetlands. Located: 1090
Fisherman's Beach Rd., Cutchogue, SCTM#lll-l-28.1
TRUSTEE KRUPSKI moved to approve the Waiver. TRUSTEE FOSTER
seconded. ALL AYES
6. S.E.L. Permits on behalf of CHRISTOPRER M. CON-KLIN requests
an Amendment to Permit #1744 to reconstruct existing bulkhead
using C-Loc vinyl and reclaim lost fill. Located: 3400 Ole Jule
Lane, MattitUck, $CTM9122-4-20 TRUSTEE KRUPSKI moved to
approve the Amendment to reconstruct existing bulkhead using
C-Loc vinyl and reclaim lost fill, 90' of dredging, as indicated
as point "A" on approved plan, 10' out from the new bulkhead,
with the condition that the applicant tapers the dredging to
meet the natural grade of the bottom, at the north end, and a
10' non-turf buffer on the new construction. TRUSTEE KING
seconded. ALL AYES
7. John Bertain Builder Inc. on behalf of RIC~{ARD & CF~%RLOTTE
MULLEN requests a Waiver to construct an addition to existing
one family dwelling. Located: 1175 West Mill Creek Drive,
Southold. SCTM#51-06-33 TRUSTEE POLIWODA moved to approve the
Board of Trustees .... 3 ~a~ 24, 2000
Waiver with the condition of a drywell. TRUSTEE FOSTER
seconded. ALL AYES
8. LAWRENCE M. TUTHILL requests a Waiver to remove all second
growth trees, to fill and grade property to level, grade pave
roadway, to plant grass and erect fences. Located 945 Orchard
Street, New Suffolk, SCTM#117-5-46.4
TRUSTEE KRUPSKI TABLED
will be on the June Field Inspection ALL AYES
9. CAROL SAFIR requests an Amendment to Permit #2280 to
maintenance dredge a 20'x30' area. Located: 31210aklawn
Avenue, Southold, SCTM#70-6-10
TRUSTEE KRUPSKI moved to approve with condition that request to
dredge be removed from application, turn the existing float
perpendicular to the shore line, and move 2 pilings. TRUSTEE
POLIWODA seconded. ALL AYES
10. ALI ALARABI for Matt-A-Mar Marina requests an Amendment to
Permit 95083 for the relocation of an electric box 100 ft. north
of original location. Located: 2255 Wickham Avenue, Mattituck.
SCTM9114-3-1 TRUSTEE KRUPSKI moved to table this application
since the applicant has already received permission to do this
work. What he has done without permission he has not asked for,
will be on June Field Inspection. TRUSTEE POLIWODA seconded.
ALL AYES
11. LEONARD J. FRO$INA requests an Amendment to Permit #1430 to
add one float 6'x40' Located: 675 Point Pleasant Road,
Mattituck. SCTM#113-9-12
TRUSTEE KRUPSKI moved to table the application, will be on June
Field Inspection. TRUSTEE FOSTER seconded. ALL AYES
12. MILDRED POLESN--~ & JERRY MATEJKA requests an Amendment to
Permit ~868 to add a 4x12' ramp and a 6'x20' floating dock added
to an existing fixed dock. Located: 1300 Strohson Road,
Cutchogue, SCTM~103-10-27 TRUSTEE KRUPSKI tabled application
requesting soundings. TRUSTEE KING seconded. ALL AYES
13. RICF~%RDABATELLI requests a Waiver for a second story
addition. Located: 1915 Lake Drive, Southold. SCTM#59-5-5
TRUSTEE FOSTER moved to approve the request. TRUSTEE POLIWODA
seconded. ALL AYES
14. THE CD Design Group, PLLC on behalf of PREM C. C}~ATPAR &
T~ERESA PRENDERGAST requests a one year extension to Permit
#4943. Located: 680 Midway Road, Southold. SCTM# 90-2-9.1
TRUSTEE KING moved to approve one year extension. TRUSTEE
POLIWODA seconded. ALL AYES
TRUSTEE FOSTER moved to go off the Regular Meeting, TRUSTEE KING
seconded. ALL AYES.
Board of Trustees 4 b~a~ 24, 2000
IV. PUBLIC HEARINGS:
THIS IS A PUBLIC HEARING IN THE MATTER OF THE FOLLOWING
APPLICATIONS FOR PERMITS UNDER THE WETLAND ORDINANCE OF THE TOWN
OF SOUTHOLD. I HAVE AN AFFIDAVIT OF PUBLICATION FROM THE SUFFOLK
TIMES. PERTINENT CORRESPONDENCE MAY BE READ PRIOR TO ASKING FOR
COMMENTS FROM THE PUBLIC.
PLEASE KEEP YOUR COMMENTS ORGANIZED AND BRIEF. FIVE (5) MINUTES OR LESS, IF POSSIBLE
]. S.E.L. Permits on behalf of TIMOTHY & NANCY HITJ, requests a
Wetland Permit to install a 4'X45 catwalk, a 3'x12' ramp and a
6'x20' float with 2 piles. Located: 360 Oak Ave. Southold.
SCTM#77-2-2
TRUSTEE KRUPSKI: Has been postponed per the agent's request.
2. Gary Olsen, Esq. on behalf of NEIL SCHLUSSEL requests a
Wetland Permit to merge land into one lot, instead of two, for
construction of a single-family dwelling. Located: Stillwater
Avenue, Cutchogue SCTM#36-2-7&8
TRUSTEE KRUPSKI: Is there anyone here who would like to speak
in favor of the application? Is there anyone here would like to
speak regarding any other aspect of the application.
CARL VAIL: I will make my comments brief. I would like to
speak again in opposition of the application. I believe the
amount of property is too small to support a house. With set
backs and the adjacent properties to the south are just used for
access to the creek. I also want to note that previous use of
these lots was a small camp grounds, not as housing sites.
There is a lot of small parcels like this in our neighborhood.
(Cannot understand). Although I do realize that two parcels
have been joined. I believe it will adversely effect the
wetlands on this site. That is it.
TRUSTEE KRUPSKI: Thank you. Any other comment. I believe we
are still working off the old original plans that we received.
There were deficiencies in the plans, there was no wetland line
on them. The house was staked originally when we visited the
site. The house showed about 15 feet from the wetlands. We
received the new plans, I do not know if you have seen them.
Showing the wetland line, showing the house at 16 feet from the
wetlands. As we had seen in the field. Our standard buffer for
new construction is 50 feet. We requested that the applicant
adhere to that. The septic system would, of course, be outside
of our jurisdiction. Outside the 75 feet in order for us to
comply with not only with our Board. Also Suffolk CoUnty Health
Department who would regulate that septic system once it was
outside of our jurisdiction. CAC recommends disapproval. It
recommends that 50 foot non-disturbance buffer and requests that
proposed structure be located closer to the road to allow for
the 50 foot buffer. The CAC recommends that there be no
Board of Trustees 5 9ra~ 24, 2000
heating/ air conditioning systems in the crawl space. They
recommended disapproval on this current plan. I would be in
kind to table this until the applicant can show us plans that
shows a 50 foot buffer from the wetlands. I believe they have
the septic system located outside of our jurisdiction right
now. They have the septic system 80 feet.
TRUSTEE FOSTER: Close close.
TRUSTEE KRUPSKI: No that one is at 70 feet so they would have
to show us the septic system outside of our jurisdiction
completely. The house at 50 feet'. I do not want to spend any
more time on this plan. So I will make a mOtion, if there are
no further comments to table this application. Until we can get
some better information from the applicant. Information that we
can work on.
MRS. VAIL: Does that mean until you get any other site plans
from the applicant.
TRUSTEE KRUPSKI: I am assuming that I will have to contact the
applicant and tell them what went on tonight. With the CAC
comments about the 50 foot non-disturbed buffer and it is
unacceptable to have a septic system within our jurisdiction.
That is just not acceptable. So we will table that until
sometimes the applicant wants to move on it and sometimes they
do not. That is up to them.
MRS VAIL: So we can contact (cannot understand).
TRUSTEE KRUPSKI: You can if you want to have Charlotte contact
you if it comes up. In the future. If we table it. It should
automatically come up at the next month. But if they do not
pursue it, actively pursue it. Could sit there for six months,
before it comes up again. We have no control over that. It is
up to the applicant. So you can call and check now and then to
be sure. So I have made a motion to table it,
seconded.
TRUSTEE KING: Seconded. ALL AYES
3. Proper-T Permit Services on behalf of WEST LAKE ASSOC.
requests a Wetland Permit to dredge the entrance channel and
adjoining portions of West Lake to 3' below MLW, place a total
of approx. 600 cy. of dredge spoil on indicated sites,
maintenance dredge to same conditions as necessary to maximum.
of additional times during the next 10 years. Located: 5050
Cedar Point Drive West, $outhold. SCTM#90-1-11
TRUSTEE KRUPSKI: Is there anyone here who would like to speak
in favor of this application?
JIM FITZGERALD: For the property owners association. As we
have discussed over the several meetings, and at the work
session tonight. I would like to propose that you approve the
permit. With the condition that the project be changed to
include the dredging of the -how shall I put it - area on the
inside of the channel on the west side, starting at the high
water mark and dredging against a downward slope to the three
foot depth, in the area that we are already proposing to
dredge. Remove the scaling remains of the bulkhead in that area.
Board of Trustees 6 ~ra~ 24, 2000
As I mentioned before the indications are that this is Trustee
property. The conditions of the permit would be to provide
satisfaction - proof of contractors financial reliability. From
the stand point of possible damage to surrounding
properties.
TRUSTEE KRUPSKI: I think that is what we are looking for. So
all we need in addition to this. Is the proof that everyone is
satisfied as far as liability to the structures go. Plans
showing the removal of the old bulkhead that was put in
illegally and our assumption that it is trustee owned land that
fill was bulkheaded and fill should be removed. That intertidal
fringe be replanted with coconut fibers and the spartina and
alternaflora in there maybe patens on top. Any other - what
abOut the three more times in the next ten years?
TRUSTEE POLIWODA: I think there should be a stipulation that
every time they maintenance dredge they have to get the bonding
and similar procedure as they are doing right now. They have to
have the bonding because within ten years there could be
something happening.
JIM FITZGERALD: No I would think that the permit which would
permit say three additional dredging with all the other terms
and conditions of the permit would apply to each of those.
And, of course, it can state that.
TRUSTEE KRUPSKI: So you have 600 yards on the original proposal
it would have be increased to show the additional dredge area.
JIM FITZGERALD: We will provide a new plan which does all those
good things.
TRUSTEE KRUPSKI: Before we are done. Is there any other
comment? One at a time. Go ahead ma'am.
CATHERINE BARBATO: I am Catherine Barbato and before I say any
thing I wish to thank you for tabling the hearing for the second
time so that everyone could be at the hearing, cooperating,
understanding community know the true facts and hopefully lots
of good material will come about for the benefit of the ecology,
environment, and all the home owners involved. Please allow me
to provide a brief background. To put everything into
prospective. We purchased our property in Southold in 1964 and
since than many changes and growth have occurred. Especially in
the middle 1980. In 1977 the DEC was established and Suffolk
County Department of Public Works prepared a typographic map for
the five eastern towns showing the structures that pre-existed
in their jurisdiction. However, people choose to ignore the
purpose of the DEC. Two years later about 1979 two jetties
were put into the east of our premises. Others decided to
follow a 35 pre-existing jetty was extended to 76' in length
without a permit about 1982. Some 425 feet to the west of our
property. Also pre-cement pre-gravitated jetty and on bay front
and bulkheading on the 50' community beach lot was put in about
1985. Illegal work continued even on the lake as discussed at
the last meeting including a big black ramp. As the result of
the six illegal structures the former pristine coast line showed
drastic erosion which forced us to apply for a jetty permit
because of the severe erosion which resulted in moving between
three to five feet in front of our bulkhead. In 1986 our jetty
Board of Trustees 7 ~£a¥ 24, 2000
application was withdrawn by the Army Corp. of Engineers
although all other permits were obtained. We were in close
contact with the Army Corp. of Engineers regarding the matter.
In late August 1987 we innocently stumbled on the discovering
that dredging was in progress at the West Lake located 300 feet
from our premises. We called the Army Corp. of Engineers
information and were instructed what to do to get a permit, and
learned a lot about the lateral drift and impact this could
make. In our test (cannot understand) with DEC we have a letter
dated February 27, 1991 from Merlin Jacobson a DEC Marine
Resource Specialist that confirmed and list the structures that
were pre-existing in this area. No permits are listed for
related illegal structures. I have been writing letters that
have been ignored, for years to seek justice. Our lasts deals
with your Board resulted from the nationwide permits issued to
two neighbors. In 1998 with the prospect of a third neighbor
also seeking a nationwide permit. The Army Corp. of Engineers
no longer sends public notices to neighbors on nationwide
permits. The Board claims to have instituted a Town Code that
any applicant seeking a permit must notify the immediate
neighbors by certified letter and receipt with same must be
submitted to them before their acceptance of town applications
and all other agencies that require permits. In fact, on a
field inspection the trustee's at the same time we were told
directly that the time of notification to their immediate
neighbors. We received no such letter informing us that were
seeking a nationwide permit. When work commenced in the Fall
of 1997 although all of the pilings that were removed were
strewn all over our property. We also meet with the officials
of the DEC shortly after the field trip. When they noticed the
deteriorated condition of the 76' jetty to the west. We were
informed that when they applied for a permit they were given the
specification because they require a permit in kind/in place of
any existing functional structure. We had to cut down our own
jetty when we applied for our permit. Originally a number one
environmental impact statement was required from us. Upon
inquiring with contractors and so on. The cost was so
astronomical and beyond our means. It was rescinded on the Army
Corp. of Engineers stating that the impact had already occurred
on the 35' jetty. Furthermore, the nationwide permit are issued
content on the set of environment.
However, the agency requiring the permit do not have the actual
visual or physical facts unless notified by the local agency
that initiated the application. We have attempted to resolve
the matter through the years. In fact we had to go to the top
and now the top (cannot understand), In 1998 we were contacted
again by the Army Corp. of Engineers stating I quote from the
letter. "The construction of these jetties and groins were
evidently initiated without the appropriate regional planing
Ghat was necessary for the success of such undertaking. It is
not surprising that the erosion and depression patterns on local
beaches have been adversely effective by these structures. As
they seem to have been installed by individuals acting
separately in their own best interest, rather than as a
Board of Trustees 8 ~a~ 24, 2000
coordinated effort to insure the most equitable and stable
distribution of sand. At this point the most appropriate
resolution of the area shore line problem lies in a long term
comprehensive approach to the reformation of the beach and the
restricted regulation of further activities along the shoreline
after the beach has been formed. Such a resolution would be
best to be an achieved at the local and regional level." Now I
would like to comment and read the comments made at the last
meetings of April 19th. First of all no posting of the hearing
of the West Lake Association was posted on either sign.
Either on Midway or Little Peconic Bay Blvd. We would like to
typographical errors that was made from West Lane to West Lake
Drive be corrected and the contractor be responsible for the
repair of West Lake Drive resulting from any infraction of the
road. The whole cost of the project is to be paid by the
members of West Lake Association only. Homeowners in the
community who are not members are not liable for any cost or
unseen expense whatsoever. That all required permits from all
other governmental will be new. Wetland trustee land
applications (cannot understand). It is expected that the
project will have no significant effect on the wetlands and
title waters of the town. A short environmental assessment form
for unlisted actions only was filed. I request further research
on the bay front. A littoral drift is from west to east and
when we get storms from the northeast and southeast it deposits
in the mouth of the canal. This was proven in the last dredging
done in the Fall of 1987. When the winters conditions filled
with sand, back the following Spring. In fact a gentlemen at the
last meeting remarked that the canal was dredged it should be
dredged because of the possibility that would be impacted the
same way as Mid-Way Creek by closing. (Cannot understand) ice
damage or erosion. The coastal zone management of New York
State and Mr. Join, Commissioner of the Department of
Environmental Conservation of the DEC of New York State informed
us in 1987 when both agencies issued our permit to build a
jetty. The 76' jetty to the west creates an eddy which causes
the shoreline problems. Both confirmed that the jetty was
reconstructed without permits from either agencies. I have
pictures here showing the date and how the jetty was
lengthened. Both agencies said it had become the deterioration
to the environment and would take action to shorten it.
However, nothing was done. Was the Board ever notified by the
CPM regarding our situation in 1990.
TRUSTEE KRUPSKI: In 1990 we did not have, this Board,
jurisdiction on the bay and the sound.
CATHERINE BARBATO: I have been told that and consume that there
is a conflict. That you have no jurisdiction of the bay. But
the DEC requires certain permits and they were never notified
because it was Grandfather.
(Cannot understand)
TRUSTEE KRUPSKI: I do not know. I would like I would be happy
after the public hearing. I will discuss any other matter with
you. But I just like to ask you to confine your comments to
Board of Trustees 9 ~a~ 24, 2000
this application before us. Because if we head across the lot
here we will never get done here.
CATHERINE BARBATO: I would like to show you, the heading of a
letter that was received by the Town of Southold Trustees which
was sent to you from the Department of State of Coastal Programs
on August 20th, and you received it on August 31, regarding our
situation.
TRUSTEE KRUPSKI: Of what year?
CATHERINE BARBATO: 1990
TRUSTEE KRUPSKI: I would like to just confine our comments to
this application at this moment, because we can discuss this if
you want you can stay to the end of the meeting. We will be
happy to discuss this with you.
CATHERINE BARBATO: How long will I have to stay for the end of
the meeting?
TRUSTEE KRUPSKI: I do not think it will be past mid-night.
Seriously.
CATHERINE BARBATO: But I am not going to stay here until
mid-night.
TRUSTEE KRUPSKI: But we have to follow the agenda here.
Otherwise we will be here well past mid-night. We have to stay
on this. Otherwise we will never get through this application.
CATHERINE BARBATO: I respect your comments, but there is one
picture that I want to show you regarding the length of the
jetty. Which is very important. If you notice this picture was
taken June 1977 notice the length of the jetty.
TRUSTEE KRUPSKI: Okay
CATHERINE BARBATO: Now I have another picture which was taken on
May 5th showing the length of the jetty and also another small
jetty that was constructed this past winter. Would you like to
see this?
TRUSTEE KRUPSKI: Not right now. I will be honest with you.
Because we want to confine our comments to this application.
CATHERINE BARBATO: All right I will respect your wishes.
TRUSTEE KRUPSKI: Wait to the end of the meeting, at the end of
public hearings. So we can discuss whatever you want to
discuss. But we are getting off the track here and this is a
public hearing. We want to stay.
CATHERINE BARBATO: I do not mean to define you Sir. But the
last time that you gave me a meeting. It was a private
meeting. It was not a public meeting and the people were not
aware of what was going on.
TRUSTEE KRUPSKI: Well this way it will be a public form and
then we will have a record of it and everything.
CATHERINE BARBATO: All right.
TRUSTEE KRUPSKI: Thank you. So if you have any comment on this
application. We will take them now.
CATHERINE BARBATO: I have no objection with the application
regarding the dredging of the Lake. I believe in fairness to
all but because of the problem of this impact comes from the
bay. It does not come from the Lake. In fact we were the ones
that told you that years ago we had no problem with the canal.
The boats were able to go in and out. I have four children that
use to jump in this hole that was so deep. I hold my breathe
Board of Trustees .... 10 ~ay 24, 2000
because I felt they would not come up. That is the reason I am
bring this out.
TRUSTEE KRUPSKI: Thank you.
CATHERINE BARBATO: Okay. Thank you.
TRUSTEE KRUPSKI: Any other comment? Yes ma'am.
MRS. GREENFIELD: I am the adjacent owner of the bulkheading of
this projected dredging. I would like to be able to view this
new plan. In regard to that marsh and the removal of that
bulkheading. Because I have a major bulkheading. If you
remember going up to where that m~rsh was. I would like to know
how that land will be graded and so on. Will we have excess to
this information, before the plans are approved.
TRUSTEE KRUPSKI: You have to. It is a major change. Would you
like to see what we have here?
MRS. GREENFIELD: All ready.
TRUSTEE KRUPSKI: Well know this is just the old plan.
MRS. GREENFIELD: I think I have the old plan. Thank You.
TRUSTEE KRUPSKI: Yes
MR. MOY: My name is Dai Moy and we are the adjacent owner's to
this channel. I have previously made comments regarding this
proposed dredging. Actually (cannot understand) However,
should the State have the undertaking whether there should be
some bonds or who will take care of it now. On second thought I
started to think about lately, who is West Lake Association?
There are ten property owners or lots in/on the bay. Who is the
association? In case anything happens, who do we sue? Because
I looked in the file this afternoon and all I see is just an
affidavit signed by John Frankel, President of the Association.
Personally, I have not meet Mr. Frankel, maybe I have I do no
know. I do not know. Who do I sue? Because (cannot
understand) on the dredging no conditions for three consecutive
approvals should not be granted. Because the conditions on that
channel (cannot understand) conditions change. The permit
should not be automatic. It should be applied for each time we
do a dredging so that we can all comment on it. (tape change)
MR. BARBATO: You had mentioned about dredging. Where the
existing bulkhead that was put in illegally and dredging that
out now. Adjacent to that is a ramp that an individual put in.
Are you going to take that ramp out or leave it?
TRUSTEE KRUPSKI: We have no application to take it out now. We
see it on field inspection. I do not know if any Board member
had any intention of having it removed or if there was any other
comment.
MR. BARBATO: It is on Southold land. It is on trustee's
land. That you have the right to the land there. It was put
there illegally, why can't it be taken out legally.
TRUSTEE FOSTER: Is that part of the bulkheading?
TRUSTEE KRUPSKI: It is just to the west of the bulkheading.
MR. BARBATO: There is only one individual that uses it. Nobody
else uses it. We have to accommodate one person for a ramp.
That was put there illegally.
TRUSTEE KRUPSKI: That is a good question. We will have to take
a look.
MR. BARBATO: Would you.
Board of Trustees --~ 11 ~ay 24, 2000
TRUSTEE KRUPSKI: Sure.
TRUSTEE KING: Sure.
MR. BARBATO: Because I personal feel that before that ramp was
put in. There was a long colony of filler crabs. Also steamers
in there. They are gone.
TRUSTEE KRUPSKI: Sure, they cannot grew in the cement.
MR. BARBATO: Pardon.
TRUSTEE KRUPSKI: They cannot grow in the cement.
MR. BARBATO: That is for sure. But that is why my concern is.
If that ramp was put in illegally, should be taken out. Let
them put it in legally.
TRUSTEE KRUPSKI: One question to anyone who can answer it. Who
owns the roads down there?
MR. BARBATO: Privately owned.
TRUSTEE KRUPSKI: But who owns them?
MR. BARBATO: It used to be the Old Cedar Beach Association.
They are privately owned.
TRUSTEE KRUPSKI: West Lake Association owns the road. Thank
you.
MR. BARBATO: Thank you.
TRUSTEE KRUPSKI: Briefly ma'am please.
CATHARINE BARBATO: One last question I would like to ask you.
Where is the spoilage going to be placed?
TRUSTEE KRUPSKI: I believe most of it is going to - all of it is
going to be placed on the bay front.
CATHARINE BARBATO: All right the reason that I am bringing this
out is because the last time that it was done illegally. The
DEC permit called that it be sent to the town dumps. Somehow or
other the CVM told me that it would be placed on the bay front
in order to accommodate the sand that I had to put between my
two jetties. Instead someone changed their mind and they strung
it over the fa£m land that we have there in order to build a
private road for themselves. That created ruts for us for ten
years. We almost cracked up our cars because of the ruts they
had there. So it depends on the DEC. If the DEC says one
thing. Is there anyway that you get in contact with them to
cooperate changes or what?
TRUSTEE KRUPSKI: Sometimes we do, we have not coordinated
efforts with them on this application. The applicant has not
applied to the DEC. So they do not have any information on
this. If we approve something with an application showing the
spoil to be put on the bay. Above mid-high water. The DEC
might not necessary approve that. In which case they might say
truck the spoil off. In that case the applicant would have to
amend the permit to reflect that. But once they truck it off.
Our jurisdiction ends at 75 feet.
CATHERINE BARBATO: I see, Is the DEC aware of this public
hearing. Do you know?
TRUSTEE KRUPSKI: Not likely.
CATHERINE BARBATO: Thank you very much.
TRUSTEE KRUPSKI: Any other comment? Yes.
KEVIN MC ALISTER: Good evening, Kevin McAlister, Baykeeper and
if you would be kind enough to indulge me. I will be short and
sweet on this. But I do have to make some general comments. I
Board of Trustees '~ 12 ~ay 24, 2000
applaud Mrs. Barbato, she is very well versed, on coastal
processes and I see the length of the agenda and I know you are
under a lot of demands. You do this every single month. I am
sure. But the volume of projects I implore this Board please
take into consideration the accumulative impacts of docks,
bulkheads, beach fill etc. Because long term we encapsulate
this bay and these creeks with walls. We are going to kill it.
That is my number one agenda is the health of the bays.
Specifically to the project and I am at a disadvantage I know
the area but I do not know the present conditions there.
TRUSTEE KRUPSKI: Do you have a plan.
KEVIN MC ALISTER: Yes I do.
TRUSTEE KRUPSKI: Okay.
KEVIN MC ALISTER: I have read - at least with the work that is
to be done. Has this been previously dredged in the past?
TRUSTEE KRUPSKI: Sure.
KEVIN MC ALISTER: So this is a maintenance dredge.
TRUSTEE KRUPSKI: It is.
KEVIN MC ALISTER: With respect to the sand coming out of this
cut. Is it of higher quality. Is it course sand?
TRUSTEE KRUPSKI: Pretty clean.
KEVIN MC ALISTER: It will be clean. So it is compatible to
filling in those groin cells.
TRUSTEE KRUPSKI: Sure, it is sand that is just keeps getting
washed in from the bay. There is a pretty good title flow
through that inlet. But what happens is once it hits the West
Lake the water volume slows. Sands settles out and you get a
delta forming out there. Clean sand that is getting washed into
the bay.
TRUSTEE POLIWODA: It is probably an 1/8 mile to 1/4 mile of
sand right out in front. It just washes right in.
KEVIN MC ALISTER: You will reblemish the east side which makes
sense. As far as inlet by-pass.
TRUSTEE KRUPSKI: Right. Definitely.
KEVIN MC ALISTER: Okay. That was my concern because if it is
obviously not compatible with what it out there. If this was
fine silts because it will cause other problems.
TRUSTEE KRUPSKI: There is a plus to this. We do consider this
maintenance because this area has been bulkheaded. I do not
know when and it has been effective by structures for a long
time. Which restricts the flow of the water. But the plus side
is. If we can get to the northwest side. There is an illegal,
low profile timber bulkhead on the plan. That was put in and
behind that. I do not know if you were to the site.
KEVIN MC ALISTER: I was out there months ago. I know the
section you are talking about.
TRUSTEE KRUPSKI: Behind it. There is back stuff on top of the
surface. We could not figure if something was spilled there or
dumped there. We want to have all that removed.
KEVIN MC ALISTER: Scrape it back down to.
TRUSTEE KRUPSKI: We want to go back to an intertidal situation
there. Because it was bulkheaded illegally and filled it was
town property. It is part of West Lake. It was. Then we can
Board of Trustees 4.. 13 ~-~lay 24, 2000
intertidal marsh planted on the edge of it. But that area will
go back to intertidal situation.
KEVIN MC ALISTER: That questionable material where will that we
placed. Or are you not allowed not to go out on the beach.
TRUSTEE KRUPSKI: Out on the beach. To me it looks like it is
not thick, it is thin and it is curled up at the edges. It has
been there for a long time. Nothing that was dumped there last
night or anything.
KEVIN MC ALISTER: May I suggest to the Board just pending what
that material is. That you maybe hold off on the consideration
for beach placement because it may not be appropriate. But
again I have not seen it.
TRUSTEE KRUPSKI: Take a look at it. Seriously. Scrape the top
layer off.
TRUSTEE POLIWODA: Scrape that off and put it on the side.
TRUSTEE KRUPSKI: But in that fill also there is old engine
blocks. So we want all that removed. And that area can be
restored, so this not only is a maintenance dredge so not only
it is providing everyone at West Lake with limited boat
access. Some recreational boat access. You are going to
improve water quality because of the water flushing.
KEVIN MC ALISTER: That was my question specifically to the
project and again I just bear with me for the sake of emphasize
but I am looking at that agenda. I am obviously not in here
every month. That push is coming and we really have to start
thinking big picture here.
TRUSTEE KRUPSKI: That is why we have been suddenly decreasing
the size of the structure over the last three or four years.
You can ask some of agents here. They get frustrated because
every month we are like well you can not do this anymore.
KEVIN MC ALISTER: I just want to address that point. The lady
that had some remedy to propose dredge cut for a right cut from
her dock. What I am seeing out there with respect to the
agencies dealing with permits. It seems that if they know there
is someone behind them in line with respect to another permit.
They seemingly ready pass the buck. So in many cases, this
Board maybe where the buck stops.
TRUSTEE KRUPSKI: That is the way we feel.
KEVIN MC ALISTER: Stand tall. Because I mean these are
important resources to the extent that. The hard decisions may
have to come here. We have to do that. I know Ken has
obviously as do all of you have interest in the longevity in the
system. Thank you for allowing me some flexibility in it.
CATHERINE BARBATO: I am sorry but I must make a comment. That
last time the spoil was declared incapable and I was forced to
pay $550. in order to put sand, carted from where, between my
two jetties. If it was incapable then you have made a remark
that you cannot understand what the black film at the end of the
lake is there. It was not there in 1990, but it is there now,
so how can it be capable now and not then. When we had a nice
white sandy beach.
TRUSTEE KRUPSKI: You maybe right. We are going to look at that
black fill again and see what it is. But actually we issued the
old permit was 1987 to do the dredging here the last dredging.
Board of Trustees ~'~ 14 ~ay 24, 2000
When we issued that permit we did not require any action taken
in that area. This is sought of a restoration of what was done
illegally way in the past. So this is new to the maintenance
dredging. So that area was not addressed in 1987.
CATHERINE BARBATO: May I also bring another fact out. I walk
the beach because of my health. I have seen the impact that has
occurred and I have also seen this past winter. There were
bulkheads that were deteriorated that are about nine feet high
or so. And they can get reconstructed to that length. Why did
I have to cut my bulkhead to a low profile, and they still have
about nine feet standing there. That is going to have an effect
on the whole bay there. How did they get the permits to do that?
TRUSTEE KRUPSKI: I do not know. We require low profile, any
kind of groin that we approve. We require low profile.
CATHERINE BARBATO: Well I have seen it myself, sir. I am sorry
I respect you in every way. But I think I have a right to bring
out these points so everyone knows. I thank you very much and I
will not get up again.
TRUSTEE KRUPSKI: Thank you. Anyone else. So to move this
along then we are going to need a set of plans that we can
review showing what we discussed and I would like to meet you on
site next month. So that we are clear on the area to be
restored on the inside of the inlet.
KEVIN MC ALISTER: A1 quick question. That window of time that
the applicant can use the middle. Do you allow the community of
the public to submit (cannot understand).
TRUSTEE KRUPSKI: Oh sure. The public hearing will still be
opened until next month. Hopefully it can be resolved next
month. This is about the third hearing we have had on this. So
we have gotten, I think we are kind of boiling it down to what
it is going to be. You are welcomed to take a look at the
restoration area. I think it would be a good project there.
MRS GREENFIELD: So this will be on the 14th.
TRUSTEE KRUPSKI: The 14th I think.
TRUSTEE POLIWODA: Al, we should just make plans to have that
removed and trucked away. That inner black tar whatever it is.
It is not good. It is not healthy. Whatever it is.
TRUSTEE KRUPSKI: There are a number of engine blocks in there.
It is true.
TRUSTEE POLIWODA: The engine block there is probably oil mixed
in there. Tar.
TRUSTEE KRUPSKI: It makes sense.
TRUSTEE POLIWODA: One truck will take that away.
JIM FITZGERALD: Like if we found an old boot. Or something
like that.
TRUSTEE KRUPSKI: You would not put the old boot back on the
beach. No.
TRUSTEE KING: Find any money?
TRUSTEE KRUPSKI: That is right, if you find a box full of old
coins. Trustee's property. Okay.
JIM FITZGERALD: Take it to the dumps.
TRUSTEE KRUPSKI: The engine blocks can be carted off. But if
you can have the plans drawn up for us by the 14th. I will make
a motion to table the application until next month.
Board of Trustees ..... 15 ~ay 24, 2000
TRUSTEE POLIWODA: Seconded.
TRUSTEE KRUPSKI: Ail in favor. ALL AYES ( Well that is three
down.)
4. Property-T Permit Services on behalf of DEBORAH POLIDORA
requests a Wetland Permit to construct a fixed open walkway
4'x100', hinged aluminum ramp 2.5'x20', and floating dock
6'x20', install two 2-pile dolphins to secure floating dock.
Relocate existing gazebo approximately 10' landward. Reshape
the face of the bottom terrace to reduce angle, to minimize
run-off and erosion. Plant the banks with rosa rugosa, to be
sheared low, seaward of a line between tree on E side to the
present location of gazebo. Plant the area between bottom of
the lowest terrace and the existing spartina alterniflora with
American beach grass. Located: 1055 Point Pleasant Rd.
Mattituck.
TRUSTEE KRUPSKI: Is there anyone here would like to speak in
favor of the application?
JIM FITZGERALD. Yes, I would. Where this stands is that you
tabled it last time because you wanted to wait until the DEC had
a chance to comment on the proposal. You normally do not do
that. I would like you to ask that you approve this permit which
is to do the things with the exception of the dock. To do the
things that you have asked to be done. We will apply to the DEC
for a permit and that they have changes in it. We will come
back and amend it. (cannot) other permits should be handled
under those circumstances.
TRUSTEE KRUPSKI: I think we treated this differently in a way
because it was a violation and we wanted to see it resolved as
quickly as possible. We just try to do that, but if that is
your request. It seems reasonable.
JIM FITZGERALD: I think it would from a administrative stand
point. I do not think in the over all of things. It will
change the end result.
TRUSTEE KING: Did you talk to them at all about moving that
dock to the West.
JIM FITZGERALD: About what Jim?
TRUSTEE KING: Moving the dock to the West, from the present.
JIM FITZGERALD: They are in agreement with that. Did you..
TRUSTEE KING: I went out there it was kind of hard. The wind
was blowing so hard. There is not a lot of water there.
JIM FITZGERALD: Is it better on the west side.
TRUSTEE KING: No. It is all about the same. It is pretty soft,
soupy stuff. You will probably get in there. Just trying to
think.
TRUSTEE KRUPSKI: There is sixty feet out from low water.
TRUSTEE KING: The better spot for the dock is here. There is a
little bit coming in there and a lot less wetland and less
vegetation they are going over to move that over there. The
depth of water I could not see that much difference. It is all
flat in here. There maybe two feet of water in here.
TRUSTEE KRUPSKI: They are sixty feet out already. Put them
about 15 feet or 20 feet off the property.
Board of Trustees ~-~ 16 -i~ay 24, 2000
TRUSTEE KING: That would roughly be closely to the middle of he
property.
TRUSTEE KRUPSKI: You want it in the middle.
TRUSTEE KING: It would be closer to the middle. About thirty
or thirty five feet west of those two stakes where. It is near
to where the walkway comes down right in front of that walkway.
JIM FITZGERALD. In front of it.
TRUSTEE KING: Yeah there is a white birch tree right there.
Just upland of those grant steps. Somewhere out in front of
that. Do you think that you could start that further out, then
where you had it staked. Why is it tucked up so close.
JIM FITZGERALD: Because that is where they said.
TRUSTEE KING: It is going to be tight for depth of water.
I would go just by that birch tree. Out in front of that birch
tree is fine.
TRUSTEE KRUPSKI: Let us see the measurement.
TRUSTEE KING: Do we have a measurement from the proposal. From
here to here right. Just add thirty five feet.
TRUSTEE KRUPSKI: It is about fifty feet.
TRUSTEE KING: It comes out about right there.
TRUSTEE KRUPSKI: So we are happy with this proposal, we are
going to plant that plant this. Move the gazebo and put the
dock in. Are there any more comments on this application.
Do I have a motion to close the hearing.
TRUSTEE KING: So moved.
TRUSTEE KRUPSKI: All in favor. ALL AYES.
TRUSTEE KING: I will make a motion to approve the application
with the stipulation that the dock is going to be moved to
approximately 35' west of the proposed dock. As it is now. Not
to extend any further out then the line drawn between the two
neighboring docks on the east and west and that includes the
vessel, tied to the dock.
TRUSTEE POLIWODA: Seconded.
TRUSTEE KRUPSKI: All in favor. ALL AYES.
5. Proper-T Permit Services on behalf of C&D REALTX requests a
Wetland Permit to construct a single-family dwelling with
private well and one-site sewage disposal system. Located: 3640
Cox Neck Road, Mattituck. SCTM#ll3-4-1
TRUSTEE KRUPSKI: Has been postponed per the agent's request.
6. En-Consultant, Inc. on behalf of EDNA RICHARDS requests a
Wetland Permit to construct a fixed timber dock, consisting of a
4'x58' fixed catwalk elev. 3.5' above marsh, a 3'x14' ramp and a
6'x20' float secured with (2) 8" diameter pilings, and steps
2'x4' landward of existing stone wall. Located: 2300
Broadwaters Rd. Cutchogue. SCTM#lll-i-1
TRUSTEE KRUPSKI: Is there anyone here who would like to speak
in favor of the application?
ROB HERRMANN: Of En-Consultant on behalf of the applicant, EDNA
RICHARDS. This is the dock we had proposed originally and the
Board of Trustees ~ 17 ~'~ay 24, 2000
project description and then as it turned out. I meet with A1
and Kenny at the site because we had good water depth. It
turned out that the good water depth part of a navigational
channel that we had identified in the field. So I had prepared
a revised plan.
TRUSTEE KRUPSKI: Thank you.
ROB HERRMANN: That basically pursuant to our conversations
which reflects the approximate limits of that channel. Or
reflects the base where the water begins to shoal. It is about
25 or 27 feet channel and reduce the length of the dock. You
have seen the revised proposed by 12 feet. So it would extend
only 23 rather than 35 feet seaward of the edge of the
vegetation. And would not interfere with the navigational
channel that we had identified. The applicant's boat would be
basically on the predominant of that channel but even if a boat
of 9 foot beam. Would still be almost 20 feet seaward of that
for any boats to navigate through there.
TRUSTEE KRUPSKI: You expect to get this through the DEC by
putting stops on the floats so it does not sit in the mud.
ROB HERRMANN: Actually I do not think it would float would sit
on the bottom of the allocation.
TRUSTEE KRUPSKI: I think it would require stops any way.
ROB HERRMANN: We can certainly propose that. The DEC is going
to require that this be turned into a seasonal stick dock,
because of the depth. But actually there is only a couple of
feet of the fixed catwalk now that would extend beyond the
marsh. So this would be similar almost to the other one. Where
the ramp and float is the predominate part that is over the
marsh anyway. So I do not think that would be a problem. But
there is almost two feet on the inside of that float. The float
will not be two feet in the water.
TRUSTEE KRUPSKI: You are only showing it, well you are okay
showing it two feet. I am sorry, I would rather see a stop on
it.
ROB HERRMANN: We can do that. We have done it before. For
super low.
TRUSTEE KRUPSKI: We were out there with a kayak and we took
about 100 measurements. It is a narrow channel. What do you
think Ken?
TRUSTEE POLIWODA: No. The boat is still going to be there.
You are given people false impressions that they can navigate
around it. But they do not realize they are going to hug that
boat to stay in the channel there.
ROB HERRMANN: I disagree, unless a ship is going to through
there.
TRUSTEE POLIWODA: No. There are big boats on the other side.
Very large boats.
ROB HERRMANN: I totally disagree with you.
TRUSTEE KRUPSKI: How wide are the boats that are going to be on
there?
ROB HERRMANN: I think that is an extreme suggestion.
TRUSTEE POLIWODA: You never now.
TRUSTEE KRUPSKI: Ten foot boat?
Board of Trustees ~J 18 ~ay 24, 2000
ROB HERRMANN: This Board has approved permits with narrow water
ways to work.
TRUSTEE POLIWODA: I recall there was only twenty some feet to
work with in that channel.
TRUSTEE KRUSPSKI: You said 27, now if put a ten foot on here.
TRUSTEE POLIWODA: You have 17 feet to play with.
ROB HERRMANN: If you cannot navigate through 17 feet. Either
your boat is too big or you should not be driving a boat. But I
did not go by the depth. I did exactly what we discussed. I
adjusted boat depths. They were about 14 inches too high. They
were absolutely consistent with the depth that I had taken. They
were all about 14 or 15 inches too high. Compared to what I
said. Which you and A1 said. A1 was out there the next day.
He identified for me where the low water line was and it was to
the foot where I had indicated it from my original plan.
TRUSTEE KRUPSKI: Here is ten feet.
TRUSTEE POLIWODA: I am just saying this is the 17 foot mark
from me to you. So you have boats up the creek, you have a boat
at the edge of your arm. You are expecting a boats to come
through the creek and travel through this one spot. So they
would not see that off shore flat. It is a tight spot.
ROB HERRMANN: The channel that I am showing here. Was just
approximately from where it was 2-1/2 feet or more to 2-1/2 feet
on the other side. With about four feet in the middle. I find
it incredible that you would say that somebody can not navigate
through that channel.
TRUSTEE KRUPSKI: What Kenny is saying is that.
TRUSTEE POLIWODA: The common person who comes into that creek
is not going to know and will run right a ground.
TRUSTEE KRUPSKI: They are going to give that boat a wide
birth. See out here there is a channel. There is well defined
channel. There is no question. It comes up to a flat.
ROB HERRMANN: If the boat was not there. They decided to stay
on that side. Then they would run a ground there. Because
somebody is stay in the middle as much as possible. Whether
there is a boat sitting in 2-1/2 feet of water or whether it is
2-1/2 feet of water. They run the same risk. Whether the boat
is there or not.
TRUSTEE KRUPSKI: That is true to.
If there is nothing there now. So how do people know.
ROB HERRMANN: Why wouldn't they run a ground adjacent to the
marsh. You have also approved the dock next door. Not only
approved it but renewed the approval a couple of months ago. So
they are having to turn in that direction any way.
TRUSTEE POLIWODA: That flat is not out in front of that next
door dock. The flat ends in between those two properties.
ROB HERRMANN: Well, I do not know what to tell you. We can go
out again, I scheduled an appointment to meet you there at low
tide. You showed up forty minutes after low tide. Then said we
could not go the water depths that we measured. I have done
everything I can for five months to get this thing squared away.
A1 went out there a second time, and contacted me. His numbers
match with mine. The numbers that we got match with mine. If
you adjust them by 14" I do not know what else to do.
Board of Trustees ....... 19 ~i¢£ay 24, 2000
TRUSTEE KRUPSKI: I am pretty comfortable with these numbers
within an inch or two.
TRUSTEE POLIWODA: If there was a dead spot in the place where
there was no shell fish surviving in that area. Maybe I would
be more reasonable, but there are bay scallops in there.
TRUSTEE KRUPSKI: Well that is a different issue. That is
completely different. I just want to take one point at a time
and say I think that is a pretty good representation of the
channel itself.
TRUSTEE POLIWODA: That is a good representation of the
channel. As far as navigation purposes there is a significant
amount of shell fish in that channel. Hard clams across that
channel on that flat. That is going to have a significant
impact.
ROB HERRMANN: What has this got to do with the issue that this
Board has raised regarding navigation.
TRUSTEE POLIWODA: Because the navigation problem is as these
boats make a wide turn around that new boat. That is going to
be there. They are going to be scouring of a shell fish bed
over and over, over.
ROB HERRMANN: So if the boat is now there. Then they will stay
closer to the wetlands and title marsh. They will scour that
way.
TRUSTEE POLIWODA: They are likely will stay right in the
channel. Where they should be.
ROB HERRMANN: That is exactly my point. They will stay in the
channel where they should be. They are not going to be veering
15 feet around a boat. This boat is literally going to be
sitting at the edge. You are talking 20 feet from where there
is spartian, alternaflora.
TRUSTEE POLIWODA: I do not see the edge on this channel.
Straight V it goes down and up.
TRUSTEE KRUPSKI: He shows that here, Ken. The boat will
actually be on the center line of that channel.
ROB HERRMANN: It would have been the way the dock was
originally built.
TRUSTEE POLIWODA: Part of that will be on top of a shell fish
bed.
ROB HERRMANN: That is why we cut back 12 feet.
TRUSTEE POLIWODA: That float will be on top of a shell fish bed
as it is. Are you going to put stops on it to hold it up on
both sides to sit in this water. Because that is all bare and
dry. When the tide is out an extra foot. The thing will be
sitting right off the bottom. You can walk around the dock,
just about.
ROB HERRMANN: Kenny it is clear that you do not want a dock
here. But I am trying to log onto each issue that the Board
brings up. If the issue is navigation. Do not say then there
is shell fish on the outside.
TRUSTEE POLIWODA: It is navigation. I will bring up other
points also.
ROB HERRMANN: After five months, when I have worked to resolve
the problems you presented me with. You are now bringing up
Board of Trustees .... 20 ~¥ay 24, 2000
something else that you have not discussed through five
hearings. I do not think that is right.
TRUSTEE KRUPSKI: I do not think that we had five hearings.
ROB HERRMANN: Five months, we been at the site twice. It has
been on since January.
TRUSTEE KRUPSKI: We tabled it last month. I do not think that
we can count this month.
ROB HERRMANN: Would you say that it is fair, to say A1 that I
have been working with you all on this project for at least two
months.
TRUSTEE KRUPSKI: Oh easily. Maybe three months.
ROB HERRMANN: So my only point is that if you are concern is
navigation. I think we have addressed that reasonably. If you
concern is shell fish bed. Then you would have had some concern
for the adjacent dock that you have approved a couple years ago
and renewed the approval for a few months ago. So by that
standard you are going to have to treat those properties
consistently. I understand you differentiate them, because of
the navigational channel, which you have asked me to address and
I believe that I have.
TRUSTEE POLIWODA: You solved the navigational problem, by
moving out to the shell fish bed. Which creates another
problem. You put the float right on top of the bottom.
ROB HERRMANN: We were there and I do not see how this dock is
now on a shell fish bed.
TRUSTEE POLIWODA: You are still in the channel.
TRUSTEE KRUPSKI: ~hat Ken is saying is that it is a different
application that we were originally presented with. It has
caused a different problem.
TRUSTEE POLIWODA: You should ask yourself this why do not have a
problem with the project just east of there. Because it is not
an navigational problem. It is a proper depth of water and has
less environmental impact.
ROB HERRMANN: It is in 2-1/2 feet of water which is the same
thing that this float will be in.
TRUSTEE POLIWODA: This float will not be in.
ROB HERRMANN: The inside will be in a (cannot understand).
This Board has approved the float for Mr. Rhoden. Approved the
same exact configuration of the landward side of the float
sitting in about a 1-1/2 foot of water. The permit was approved
by this Board and DEC and I can give you a copy of it. The
outside has 2-1/2 feet of water. I am also willing to cooperate
with this Board, and you know that. But you can not just throw
whatever comes to mind at me. After we have worked this out. I
realize. (tape change) It is go out again. Have everybody go
out at a scheduled low tide. Show up on time. Everybody get in
the water. Mark where the dock would end. Mark where the shoal
being on the outside and see how much room there is in
between. See if a boat can navigate through it. See if where
the float would end. Is actually staying in an active shell fish
bed. That is the only thing that I can suggest.
TRUSTEE POLIWODA: Not the end of the float, it is the end of
boat.
ROB HERRF~NN: Now it is the boat.
Board of Trustees "~ 21 ~l~ay 24, 2000
TRUSTEE POLIWODA: Right, the boat is going to be sitting in the
channel.
ROB HERRMANN: It cannot be a navigational channel and a active
shell fish bed at the same time. I think you will agree with
that.
TRUSTEE POLIWODA: I say you put the float and the boat along
side of your float. You just said that you have to measure from
the edge of the float. To the edge of the channel off shore.
ROB HERRMANN: Where the float is going to sit. Where the boat
would sit. Where the shoal starts and ends. Which is what I
tried to get us to do a couple of months ago.
TRUSTEE POLIWODA: Well you are having to come up with numbers
that we have here. We have to come up with 18 feet or 17 feet.
TRUSTEE KRUPSKI: Okay we will look at it again. Okay Rob I did
ask you when we were out there or afterwards. Could we put the
whole structure further to the neighbors, Fifteen feet off the
property line. Even 10 feet off the property line.
ROB HERRMANN: That was when you and I were going to discuss
when we had the second meeting and unfortunately you had to
cancel. Eventually the applicant just said this has gone long
enough. I want to try to do what the Board is asking.
TRUSTEE POLIWODA: Why would you think that I would come for a
second meeting?
ROB HERRMANN: I am sorry.
TRUSTEE POLIWODA: Why would you think that I would come for a
second meeting. We measured it very efficiently the first
time.
ROB HERRMANN: Actually we measured it and what you told me was
that it was about a foot or so higher than normal. It was
really difficult to measure with the wind. So I would
absolutely think that you would want to come for a second
meeting.
TRUSTEE POLIWODA: But they were straight out. When he stuck
it. It was straight.
ROB HERRMANN: I am not going to stand and argue with you.
TRUSTEE KRUPSKI: Let us not get into this. Because it is
getting too late, even for this. What I suggested is that Ken
said that the flat ends over here, put the structure out this
way, closer to the north. Get away from that channel, get away
from that flat. This guy has a permit. YOu know where his dock
is going to be.
TRUSTEE POLIWODA: The furthermost point to the north. That is
a possibility, now we can look at that spot but we cannot.
ROB HERRMANN: The problem is that along that wetland area.
There is an area that is completely cleared from trampling.
Where the people have historically put a boat out, at that
location. So that is where the DEC and presumably this Board
would want to see a structure. Constructed over an area of
devoid of intertidal marsh vegetation.
TRUSTEE KRUPSKI: But that is sometimes, but not in this case.
Where we are trying to avoid that inland channel. An on shore
channel. This is completely.
TRUSTEE POLIWODA: He is asking for it right on the point.
ROB HERRMANN: Okay.
Board of Trustees '~/ 22 ~y 24, 2000
TRUSTEE KRUPSKI: That is what I suggested. I do not know
when. But I suggested it. I looked at it the last time that I
was there. I guess it was when I went to put the stick in, the
next day. I looked at it right next to the property line. I
thought if you get away. Kenny mentioned the buoy.
ROB HERRMANN: We did not get a chance to explore it, and I
spoke with Mrs. Richards and she was not sure whether that would
get you any further away from where the boats pass or not.
TRUSTEE KRUPSKI: Tell Mrs. Richards that we take it very
seriously and just because we are tired of going down there. We
do not want to make a rash decision and make a mistake. Because
then we are going to be looking at mistake for ever. That is
what it comes down to.
ROB HERR~iANN: I agree with you. That is why I made every
effort to meet you out there, as often as possible. At some
point we have to. If we cannot get together we have to try to
move forward. So the only thing that I would ask if we are going
to do this again. That we set up a time that you can definitely
make it. We arrive on time during normal conditions and take a
look at it. Really check it out. I never have a problem doing
that is my only frustration is when I am asked to do something
and I pursue it, and cooperate with the Board. Then, Kenny, I
am sorry for you to just sit there and start throwing out
whatever comes to mind. Because you want to see the dock
denied. I just do not think that is
fair.
TRUSTEE KRUPSKI: No. He is looking at a different plan. Then
what we were faced with before.
TRUSTEE POLIWODA: I do not consider 17 feet navigational
water. Where historically people have boated and came through
there.
ROB HERRMANN: If you do not think that someone can drive a boat
through 25 feet of water.
TRUSTEE POLIWODA: 17 feet of water. Before hitting an edge.
ROB HERRMANN: 17 feet, 12 feet whatever it is. You can not
drive a boat straight. Then what can I say.
TRUSTEE KRUPSKI: Rob, please try to set something up through
Charlotte. That we can all agree on. It can not be early in
the morning and it can not be late in the day. Do not make
anything for mid-day either. Okay. I will make a motion to
table the application.
TRUSTEE POLIWODA: Seconded
TRUSTEE KRUPSKI: And we will accommodate you. Because we would
like to see it end. You can try for the 14th.
TRUSTEE POLIWODA: We could do this for low tide on the 14th.
Put this right on it.
TRUSTEE KING: What is the moon doing?
TRUSTEE KRUPSKI: I was going to say, if it is blowing out of
the east. Or blowing out of the northwest, June 14th it
probably will not be. But I rather do it sooner. Because I
would rather do it sooner the better. You can find some
resolution in the plans can actually could be ready. You can
actually keep moving it along.
Board of Trustees ~ 23 ~fay 24, 2000
ROB HERRMANN: We have to find a times that we do not pick a
date then have to be there at 2 o'clock in the morning. Just
figure it out. I will be in touch with the office, and
Charlotte or Lauren can get in touch with you. That is fine.
TRUSTEE KRUPSKI: The sooner the better. If you pick a date and
something comes up and no one can make it. At least we have a
back up date, because we do not have to rely on that one date on
the 14th.
7. En-Consultants, Inc. on behalf of RICHARD ANDERSON (Contract
Vendee) requests a Wetland Permit to construct a two-story,
one-family dwelling and attached garage; deck; pervious driveway
and sanitary system, and install drywell; connect to public
utilities; and connect to drinking water well located in
right-of-way to Wunneweta Road. Located: R/O/W off Wunneweta
Road, Cutchogue SCTM~lll-14-28
TRUSTEE KRUPSKI: Rob, this was not staked, and not posted.
ROB HERRMANN: This will have to be postponed, part of the
reason it was not staked. Since the applications were
submitted. We have gotten an engineer involved because while we
can get the septic out of your jurisdiction. We also need a
variance, from the health department. So we actually have had
the septic design modified so as to improve the wetland set
back. So one of the reasons it was not staked because the
location of the septic has changed slightly. So since we will
also have it staked for the DEC. There was no point, we did
this change sought of came up. So there is no point in having
you look at something that was going to change. The only thing
that I would ask if you have any other comments or concerns we
can address them now. So that for the next meeting. You will
have a revised plan in front of you. You will be able to visit
the property observe the stakes for the revised plan. But in
case there are any other issues of concern. I could address
them now. We are trying to design it so as to meet your set
backs to the structures. Maximize the set backs to the septic
system from both shore lines and keep it out of your
jurisdiction.
TRUSTEE KRUPSKI: I think they look pretty straight forward.
Any comment? Artie remember this one.
TRUSTEE FOSTER: I believe so.
TRUSTEE KRUPSKI: Any comment?
ROB HERRMANN: We will get you a revised plan and have the
property staked.
TRUSTEE KRUPSKI: I do not think that we had any questions. We
were there. Because I knew where it was.
ROB HERRMANN: There is a new property next door.
TRUSTEE KRUPSKI: We even walked through it. Just so if we saw
something we could ask you about it. But we did not. ROB
HERRMANN: We should have something treed and if we do not for
some reason. I will call your office, so you do not waste your
time going out there again.
TRUSTEE KRUPSKI: Okay - Thank you.
ROB HERRMANN: Thanks.
TRUSTEE KRUPSKI: Good night.
Board of Trustees ~/ 24 ~ay 24, 2000
So I will make a motion to table the application of RICHARD
ANDERSON.
TRUSTEE FOSTER: Seconded.
TRUSTEE KRUPSKI: All in favor. ALL AYES.
8. J.M.O. Consulting Services On behalf of ELIZABETH DANIELS
requests a Wetland Permit to reconstruct in kind/ in place + 50'
of timber bulkhead and to backfill with +/- 5. c¥. of clean sand
which shall be trucked in from an upland source. Located: 1910
Leeton Drive, Southold SCTM# 58-01-12
TRUSTEE KRUPSKI: Is there anyone here who would like to speak
in favor of the application?
GLENN JUST: Good evening, I am Glenn Just of J.M.O. Consulting
agent for Betsy Daniels.
TRUSTEE KRUPSKI: Glenn is reminded tonight, why he does not
come to all of our meetings.
GLENN JUST: But anyway, we revised this application as of this
morning. To make it resheathing inside of in kind and in
place. Initial it had been resheathing application and then
there is some concerns about disturbing some of the uplands
behind the bulkhead. Getting access witk machines so the
applicant has gone with resheathing on the seaward side of the
existing bulkhead.
TRUSTEE KRUPSKI: Sorry Glenn, just resheathing and do you have
any plans for that.
GLENN JUST: I will fax them over in the morning. I have to
redo them. It is going to be done as a resheathing application.
TRUSTEE KRUPSKI: They are just going to pull the piles and
resheath on the whalers or.
GLENN JUST: Not even pull the piles. All they have to do is pop
the stringers off of it. If I am not mistaken. It is navy
style.
TRUSTEE KRUPSKI: Artie you looked at this?
TRUSTEE FOSTER: Yes. I looked at it. With the impression that
they were going to pull the sheathing and put new sheathing in
There are some new pilings in. They put pilings in to hold it.
It needs to be sheathed but I am not familiar how you do it on
the outside.
TRUSTEE KRUPSKI: It tells how you would do from what you are
showing us here. How would you do it?
GLENN JUST: I am not a marine contractor either as you know. I
have photographs here. Did I give you one.
TRUSTEE KRUPSKI: No you have the cross section here.
GLENN JUST: Again initial they were going to take the whalers
off. I do not think you have to take the piles off to resheath
it. I do not know. Technically how it is done.
TRUSTEE KRUPSKI: I do not think that you would want to go in
front of that.
GLENN JUST: That is what - again they have elected to do. On
the seaward side.
TRUSTEE KRUPSKI: Is there a contractor here that could shed
some light on it?
GLENN JUST: I do not think that the one that has the contractor
with the owner.
Board of Trustees .... I 25 ~ay 24, 2000
GENTLEMEN: If I may say something if you were going to sheath
out in front. They would sheath into the (cannot understand)
wall. They sheath in between the stringers, in between the top
and middle whaler. Below the middle or bottom whaler into the
sand. Then you put stake or another stringer out in front of
that sheathing on the bottom.
TRUSTEE KRUPSKI: Okay, Thank you.
GLENN JUST: Thank you George.
TRUSTEE KRUPSKI: We just want to see a work plan on that. You
have any problem with that Artie. The piles would not move.
You lOoked at it.
TRUSTEE FOSTER: Say that again, how are you going to do that?
GENTLEMEN: What is that?
TRUSTEE FOSTER: How are you going to do that?
DAVE GILDERSTEIN My name is Dave Gilderstein, contractor. What
you do is. What I would do, I do not know how this contractor
whoever it maybe.
TRUSTEE KING: Wouldn't they just cut short pieces to go between
the two whalers. That is the idea.
DAVE GILDERSTEIN: Then you put 2x4 as a stringer between the
sheathing face of the seaward side of the sheathing between the
pot. It is normal navy wall construction that would be the way
you do it. You can not pull the stringers off.
TRUSTEE FOSTER: They are doing this to avoid excavating behind
it. If you are going to pull, what are these the whalers, you
are going to pull them off. You are going to have to excavate
behind it. So you are going to cut pieces to go in between the
whalers. How do you secure them?
DAVE GILDERSTEIN: You nail them to the old sheathing but what
securing it is a 2x4 or whatever dimension lumber you needed.
To go between the pile face and the sheathing. So the pile
would hold the sheathing to the old bulkhead.
GLENN JUST: Actually there are some neighbors that were
concerned because the lots are only fifty foot wide. Bringing
equipment in between the houses is so close up their together.
A little bit of a dune for lack of a term. Up in there, just
want to be a good neighbor. You got about nine to ten feet
between new high water and the bulkhead itself. So there would
be a lot less disturbance.
TRUSTEE KRUPSKI: On a good day. All right. You have a problem
there?.
TRUSTEE FOSTER: I was interested in how it was going to be
done. That is all. No I am not ignorant to this stuff. I have
seen a little of it go on. I just have never seen anything like
that before.
TRUSTEE KRUPSKI: Is there a permit on this stretcher at all.
GLENN JUST: I truly do not know. Mrs. Daniels just purchased
this property recently.
TRUSTEE FOSTER: They are redoing the place. They are kind of
renovating.
TRUSTEE KRUPSKI: She should get a permit for it. Because this
seems sought of temporary.
GLENN JUST: The permit for the existing. I could go to the
county center and see who was the previous owners were. Call
Board of Trustees .... 26 ~,£ay 24, 2000
your office and see if they have records on them. If you would
like me to do that.
TRUSTEE KRUPSKI: I doubt they would have a permit on it. We
only require it since 1991. I do not have a problem letting
them do this. Stop gap measure.
GLENN JUST: I can ask her, maybe they had a search done when
she purchased the property. Many banks require that.
That are all the structures legal.
TRUSTEE KRUPSKI: Let us do that then. Any other comment. I
have a motion to close the hearing.
TRUSTEE KING: So moved.
TRUSTEE FOSTER: Seconded.
TRUSTEE KRUPSKI: All in favor. ALL AYES.
TRUSTEE KRUPSKI: I will make a motion to Approve the
application to resheath the front of the bulkhead, with the
condition that we need plans showing that. Pilings will not be
moved. That the applicant apply for or show proof of a permit
for the structure. Do I have a second on that.
TRUSTEE KING: Seconded.
TRUSTEE KRUPSKI: All in favor. ALL AYES
9. J.M.O. Consulting Services on behalf of BERNARD KIERNAN
requests a Wetland Permit to reconstruct in kind in place +/-
157' of timber bulkhead and two 10' returns and to backfill
structure with +/- 25 c.y. of clean sand to be trucked in from
upland source. To construct a 5'x14'3" deck located landward of
the bulkhead, 5-1/2'x4-1/2' landing located seaward of the
bulkhead and 4'x7.6' steps. Located: 1605 North Parish Drive,
Southold. SCTM#71-01-15
TRUSTEE KRUPSKI: Is there anyone here would like to speak in
favor of the application?
GLENN JUST: Glenn Just of J.M.O. Consulting are there any
questions from the Board or the public.
TRUSTEE POLIWODA: I have looked at that. I did not have any
problems with replacement of everything that was there. It
looks like it was written. But what is out on the beach? They
have some kind of ridiculous looking.
GLENN JUST: That looks like an old fixed dock at one time.
That sand had covered over.
TRUSTEE POLIWODA: Right.
GLENN JUST: There are pieces sticking up.
TRUSTEE POLIWODA: I was going to recommend that as they do the
job. Just pull that out. It serves no purpose. More or less
rubbish now. They might have had a dock, years and years ago.
Someone put together.
TRUSTEE KRUPSKI: Any other comment? Do I have a motion to
close the hearing.
TRUSTEE FOSTER: So moved.
TRUSTEE POLIWODA: Seconded.
TRUSTEE KRUPSKI: All in favor. ALL AYES
TRUSTEE POLIWODA: I will make a motion to Approve Wetland
Permit on behalf of BERNARD KIERNAN to reconstruct in kind in
place +/- 157" of timber bulkhead and two 10" returns and to
backfill structure with +/- 25 c.y. of clean sand to be trucked
Board of Trustees ~J 27 ~ay 24, 2000
in from upland source. To construct a 5'x14'3" deck located
landward of the bulkhead, 5-1/2'x4-1/2' landing located seaward
of the bulkhead and 4'x7.6' steps, and remove the walkway on the
beach, during construction. Located: 1605 North Parish Drive,
Southold.
TRUSTEE KRUPSKI: Do we have a seconded.
TRUSTEE KING: Seconded.
TRUSTEE KRUPSKI: All in favor. ALL AYES
10. J.M.O. Consulting Services on behalf of FRANCES E. NIELSEN
requests a Wetland Permit to construct a deck, pool, patio,
retaining wall, pool equipment shed, backwash, leaching pool and
regrade area of pool. Located: East End Road, Fishers Island
TRUSTEE KRUPSKI: Is there anyone here who would like to speak
in favor of the application?
GLENN JUST: From J.M.O. Consulting on behalf of the Nielsens.
On March 15th, Trustee King, myself and the DEC, Chris Wall from
Fresh Water Wetlands, Chuck Hamilton and a few other people. At
that time they had said that my wetlands line pretty much was in
the right location. But they had asked to have the pool
relocated to a point out of there jurisdiction, which is 100
feet away from the wetlands. This is right up off the golf
course on the 7th or 8th fairway.
TRUSTEE KING: I remember now.
GLENN JUST: A big long stucco house. Jimmy, that they are
rebuilding.
TRUSTEE KING: Is that the one with the old tennis court.
GLENN JUST: Yes that is the one.
TRUSTEE KING: What are they going to put the pool. They want
everything moved.
GLENN JUST: Yes, backed towards the old tennis court was.
Which puts it out of your jurisdiction. I got an okay from the
owner just this morning and we are having surveys done up as we
speak to show that it will be moved out. To at least 100 feet
away from the wetlands.
TRUSTEE KING: Good.
TRUSTEE KRUPSKI: So how do you want to handle this?
GLENN JUST: Well in speaking to Lauren early today on the
phone. She thought that it was tabled I believe at the last
meeting or the meeting before last. She had asked me last time
are we going to go with this application or relocate it. We
were waiting word from the DEC or the owner. We finally got
notice from the DEC to relocate it. So we do not want to fight
city hall, so we are going to move it.
TRUSTEE KRUPSKI: But as far as it being out of our jurisdiction?
GLENN JUST: What I thought perhaps if you could move on it
tonight. I could supply you in the next day or two with copies
of surveying showing that it has been moved 30 or 35 feet.
TRUSTEE KRUPSKI: Very good. Do I have a motion to close the
hearing.
TRUSTEE POLIWODA: So moved.
TRUSTEE KING: Seconded.
TRUSTEE KRUPSKI: All in favor. ALL AYES
Board of Trustees ..... 28 ~ay 24, 2000
TRUSTEE KING: I311 make a motion to Approve the application of
Frances Nielsen based on the new plans showing the pool out of
our jurisdiction.
TRUSTEE POLIWODA: Seconded.
TRUSTEE KRUPSKI: All in favor. ALL AYES
11. J.M.O. Consulting Services on behalf of LAWRENCE G. CREEL
requests a Wetland Permit to construct a single family dwelling,
sanitary system, driveway, decking, gazebo, pool, pool fence,
pool backwash, public water hookup and to install and maintain
continuous erosion control barrier throughout construction.
Located: Crescent Avenue, Fishers Island.
GLENN JUST: This was, I do not know (cannot understand) with
Board members here tonight. It had been previously owned by
George Pause who! had received a permit three years ago for
basically the same house. That permit had expired. There is a
new owner of theI property. Previous to that in 1989 for Willard
Mahood we had th~ same exact set of plans.
TRUSTEE KRUPSKI: Okay. Oh boy.
GLENN JUST: This is the one that Larry Penning was hired by the
Board. To go ou~ and inspect a few years ago.
TRUSTEE KRUPSKI: You are rubbing salt in the wounds here.
You woke me up ait least.
GLENN JUST: Bil:l Seidler tried to create a marina there. He
tried to push alil the boulders and tried to have a build up it
was like forty f!eet tall with boulders. All kinds of stumps and
stuff. He was s~opped half way through his dream to create a
marina. When that happened a lot of fresh water wetlands moved
into that area that he had scraped. Between the title land and
the rear of the house. I think that there have been at least
two permits issued by the Board to do the same project here.
The property just keeps being transferred. The property has
been staked, and yesterday I had one of the guys from Fishers
Island that I fish with over there.(cannot understand) If you
folks have to ga out and do a field inspection. The vegetation
is probably about seventy feet tall. The DEC has to go out and
do a field inspection as well. I do not know if you have talked
to them right now as far to trying to get a trip together as you
usually do or not.
TRUSTEE KING: 1 have not talked to him.
GLENN JUST: Mr.i Creel has given me the authority that if you
folks need a plane to go over for a day and look at various
sights. One would be provided.
TRUSTEE FOSTER: That might get us there a little quicker.
GLENN JUST: We have done these things in the past. The plane
makes it easy for all of us. It is a 4-1/2 hour ride by car and
ferry to get there. It is a very long day. I went over last
Friday, 4-1/2 hours going there, 2 hours on the island and 4-1/2
hours back.
TRUSTEE KRUPSKI:i I know.
GLENN JUST: Sometimes it is not worth the trip.
TRUSTEE KRUPSKI:i You will not be flying with us, will you?
GLENN JUST: Might get over there.
Board of Trustees ..... 29 ~i~y 24, 2000
TRUSTEE KING: I am taking the boat. That is an hour and twenty
minutes.
TRUSTEE FOSTER: Last time I went, I flew over, fifteen minutes
to get there.
GLENN JUST: I flew over there for years. But the last few
years I haven't. It is a pre-disturbed area and some of the
permits issued need to be tabled (cannot understand).
TRUSTEE KRUPSKI: You have a problem with it.
TRUSTEE KING: I do not think so.
TRUSTEE KRUPSKI: Remember it back in the 80's.
GLENN JUST: Oh I am sorry you did not go out there.
TRUSTEE KRUPSKI: This one. No I have been out there on this
one.
GLENN JUST: I think the next application on the agenda. Is the
one we flagged the wetlands there last trip out. But you folks
did not look at.
TRUSTEE KRUPSKI: We can wait and go out and look at. Artie can
you fly over there tomorrow morning sunrise.
TRUSTEE FOSTER: Be there about 6.:30
TRUSTEE KRUPSKI: No can you fly him out there then.
GLENN JUST: Can you fly him out there then. Mr. Creel will set
something up.
TRUSTEE KRUPSKI: Ken will you want to go?
TRUSTEE POLIWODA: No I do not fly.
TRUSTEE KRUPSKI: You will not have to actually fly. You just
get buckled in.
TRUSTEE POLIWODA: No No
TRUSTEE KRUPSKI: Stewardess brings you a cocktail. You are
there.
TRUSTEE POLIWODA: On my honeymoon I would not go in a little
plane with my wife. That is telling you something. If I take
this flight I might not be welcomed home.
TRUSTEE KRUPSKI: And you will not go with Artie.
GLENN JUST: A guy we used to use. Flew under the bridge
there. Where the ferry comes in and lost his license, so we do
not fly with him anymore.
TRUSTEE KRUPSKI: Please contact Charlotte and she will contact
Artie, and look at the two of them. You want to table this. or
act on this. Is it all right if we table it. Or do you want to
act on it based upon Artie's inspection. Because then if he is
uncomfortable with it. It is no good.
TRUSTEE FOSTER: Why should I be? Is there anything I should
bring in here.
TRUSTEE KRUPSKI: Well we can act on it, based upon your
inspection. If everything is fine, it is fine. If there is a
problem there is no permit. I need a motion to close the
hearing.
TRUSTEE KING. So moved.
TRUSTEE FOSTER: Seconded
TRUSTEE KRUPSKI: All in favor. ALL AYES
TRUSTEE KRUPSKI: I will make a motion to Approve the
application based on the field inspection of Trustee Foster.
TRUSTEE FOSTER: Seconded that.
TRUSTEE KRUPSKI: All in favor. ALL AYES
Board of Trustees ~ 30 -~y 24, 2000
12. Charles Van Voordis on behalf of LOUISE BURNMAN PACKARD
requests a Waiver to construct the addition of a 18'x18' sunroom
and a 18' wraparound deck. Located: Madeline Avenue, Fishers
Island.
TRUSTEE KRUPSKI: I will make a motion to table this
application.
TRUSTEE KING: Seconded.
TRUSTEE KRUPSKI: All in favor. ALL AYES
13. Suffolk Environmental Consulting, Inc. on behalf of MARK MC
DONAT~ requests a Wetland Permit to construct a residence with
pool and attached garage proposed 77 feet from wetland with
proposed contouring within 73 feet of wetlands. Located: 1030
Clearview Blvd. Southold.
TRUSTEE KRUPSKI: BefOre you start Bruce. It was not staked, it
was not posted.
BRUCE ANDERSON: The surveyor that recently did the work died.
We have a new surveyor in there. Re-surveying the property and
staking it. If you have been down there. You will see that it
did reflect wetlands.
TRUSTEE KRUPSKI: Did not see that.
BRUCE ANDERSON: It will not matter to me if you hold off a
month. It is all this rainy weather.
TRUSTEE KRUPSKI: We will hold off. We will go again.
BRUCE ANDERSON: I do not think that you will have a problem.
TRUSTEE KRUPSKI: Do us a favor. When it is staked then call
us.
BRUCE ANDERSON: Will do.
TRUSTEE KRUPSKI: I have a motion to table this application
Mark McDonald. TRUSTEE KING: Seconded.
TRUSTEE KRUPSKI: All in favor. ALL AYES
14. Suffolk Environmental Consulting, Inc. on behalf of ROGER
COOMBE requests a Wetland Permit to construct a +/- 2550 sq.
ft. single family dwelling w/attached garage; an attached +/-
1015 sq. ft. deck; a +/- 800 sq. ft. swimming pool with a
surrounding +/- 544 patio;
and, a +/- 2000 sq. ft. pervious driveway. Located: 4294
Wunneweta Road, Cutchogue.
TRUSTEE KRUPSKI: Is there anyone who would like to speak in
favor of the application?
GENTLEMEN: May I interrupt for one second.
TRUSTEE KRUPSKI: Yes.
GENTLEMEN: Is number 13 tabled.
TRUSTEE KRUPSKI: Yes it is.
GENTLEMEN: It will be on next month?
TRUSTEE KRUPSKI: I do not know. It was not staked so we could
not inspect it. I have just asked the agent for the applicant,
to contact us when it is staked.
GENTLEMEN: For a month or two months. What do you think?
BRUCE ANDERSON: I hope a month. Are you a neighbor?
GENTLEMEN: I am right next door, the General Wayne Inni
BRUCE ANDERSON: Give me a call, if you have any questions about
the application. There have been surveys. They are old surveys.
Board of Trustees ~ 31 ~-~ay 24, 2000
GENTLEMEN: Okay.
TRUSTEE KRUPSKI: Any comment on this application of ROGER
COOMBE.
BRUCE ANDERSON: Yes, Bruce Anderson, Suffolk Environmental
Consulting. What we have here is a house. You have noticed
that we have a very irregular shaped lot. We are surrounded on
three sides with title waters. You just looked at an
application below it. That En-Consultants came in with.
TRUSTEE KRUPSKI: Yes.
BRUCE ANDERSON: Which is to be staked.
TRUSTEE KRUPSKI: Yes we are familiar with it. We were out
there.
BRUCE ANDERSON: The first thing, we have great care to locate
the house is on high ground. That the location is surrounded by
two gravel driveways. Which is centered on the lot. Our reason
for keeping it on the high ground is to elevate the septic
system. The septic system is in an elevation of 14.1 The
septic details of three foot minimum. That number is more like
6 feet above ground water. So by locating the septic system on
high ground.
It will function better and we always try to do that. Of course
once we put the septic system on high ground you get it to
work. We also want the house to go on high ground. That
explains the position of the house relevant to the property
lines, and wetland lines. The soil conditions are very sandy.
There will be no impact to wetlands whatsoever. You
undoubtedly noticed the boat basin which was built many years
ago. That will remain as isl I believe this is a very straight
forward application. I am here to answer any questions that you
have.
TRUSTEE KRUPSKI: Is there any other comment before we start.
We have on other plans 60 feet from the title wetlands and
cesspools. So we taped it off in the field I forgot what we got
exactly in the field. I just scaled it off here.
BRUCE ANDERSON: There are 84 feet from the wetlands to the
northeast.
TRUSTEE KRUPSKI: Well to the southeast I got 60 feet. From the
flag to the wetlands, 60 feet. Maybe 62 feet.
BRUCE ANDERSON: I got 68 feet.
TRUSTEE KRUPSKI: That is still a problem? Use my scale.
BRUCE ANDERSON: Which wetland are you.
TRUSTEE KRUPSKI The close one. I am going from where it says
flag.
BRUCE ANDERSON: I am sorry, you are right. It is 60 feet. We
could shift the wetland so that it is equally distant. Between
those two points. I think that would represent a hardship.
However, I do believe you want to keep the septic system on high
ground. In other words it is elevation relative to ground
water. Which is going to approve more important environmentally
than the lineal distance to the wetlands. The reason for that
is that the functioning septic system will direct septic
excellence in a vertical direction. Much more so than in a
horizontal position.
Board of Trustees '~ .... 32 ~ay 24, 2000
TRUSTEE KRUPSKI: Looking at it and looking in the field. It
seems that it would be better to put on the other side of the
house. You would be outside of our jurisdiction and much
greater separation between the wetlands.
BRUCE ANDERSON: Do you see the well pit. Below the pool. One
of the things that we are trying to do is to keep the septic
system away from neighbor's well. And while we could certainly
put a septic system on that side. We could not do so and
maintain a 150 foot separation between our septic system, and
that well that serves the lot to the south.
TRUSTEE KRUPSKI: I am sorry I do not see the well pit.
Right here, right next to the neighbor's cesspool.
BRUCE ANDERSON: Here is the neighbor's cesspool. Here is his
well pit. This property was developed many years ago. We
require a 150 feet separation between this well pit and this
septic system. Which I would rather put the septic system down
here. Which would be a worse situation.
TRUSTEE KRUPSKI: Sure.
BRUCE ANDERSON: Or up here. What I am suggesting is that we
can shift it over. We can not put it under a driveway and we
designed the driveway not to do that. More importantly if you
look at the elevations that we are sitting the septic system
in. The separation of the four foot ring is quite substantial.
If it is 4 feet, 14 feet there. You got eight or nine feet
between the bottom of the ring and ground water. That I believe
will be, in fact I am sure is more environmentally friendly than
it's horizontal distance.
TRUSTEE FOSTER: You might get away with 100 feet separation
down there, because that sub-division is old.
BRUCE ANDERSON: The wells are shallow wells. The regulations
have changed since that sub-division was approved.
TRUSTEE FOSTER: How shallow of a well? You will not get 40
feet of water in the pipe.
BRUCE ANDERSON: I doubt it. Maybe salt, you are looking at
something that is going to be about 13 feet (tape change)
TRUSTEE FOSTER: Three feet, if you have six feet you have three
feet to play with. They require a minimum.
BRUCE ANDERSON: My environmental point is? If you have 6 feet.
TRUSTEE KRUPSKI: It is better than three feet.
BRUCE ANDERSON: You are doubling the filtration function of
that underlining soil.
TRUSTEE FOSTER: That is very true.
TRUSTEE KRUPSKI: Artie what I am saying. There is merit to
having him have the cesspool at 62 feet on the higher ground.
Instead of moving it 75 feet at a slightly lower elevation.
BRUCE ANDERSON: The reason for that is?
TRUSTEE POLIWODA: What is six feet verses three feet relative
to other.
TRUSTEE KRUPSKI: I know it is not going to matter in a hundred
years. Is there merit to that or just say put it at 75 feet,
out of our jurisdiction.
TRUSTEE FOSTER: I think you meet their criteria.
BRUCE ANDERSON: The leaching pool will be four feet.
Board of Trustees <~ 33 ~ay 24, 2000
TRUSTEE FOSTER: There criteria is designed for maximum
protection.
TRUSTEE KRUPSKI: Right.
TRUSTEE FOSTER: There criteria says three feet. You want to
make it eight feet or ten feet. I guess it is better. It
should not make that much of a difference.
BRUCE ANDERSON: When the property was developed. There was no
regulations in force. So it would be substantially better than
with the lower lying neighbor's would already have. What we do
those kinds of redevelopment. We are usually replacing septic
systems and elevating them by retaining walls filled or whatever
is necessary and shooting for the three feet. Never four feet
or five feet because it is just expensive and it does not fit
with the land line.
TRUSTEE KRUPSKI: I hate to nick pick here, Bruce. Because I am
really tired, but if we could move that one pool over. Artie
said and just shift this box and instead of it coming out this
way. Have this one here and put this one there. You are
loosing less than a foot here really.
BRUCE ANDERSON: That is fine.
TRUSTEE KRUPSKI: Then the septic system is out of our
jurisdiction. Just shift this pool over here.
BRUCE ANDERSON: Just let me take a quick look at that. There
is no diifference. That is fine by me.
TRUSTEE KRUPSKI: Right. It just gets it out of our
jurisdiction. The health department might be changing you
around there.
BRUCE ANDERSON: What is going to happen with the health
department is. Do I have this right. This goes through there.
What about this one? This is an expansion pool.
TRUSTEE KRUPSKI: No, just swing it over out of our
jurisdiction. Swing it over to here. That is all. Or in line
with the first one that stays.
BRUCE ANDERSON: What is going to happen is that the health
department. Where I put this we are going to be left at a 100
feet from surface water. Which is a health department
requirement. You may or may not be aware of that.
TRUSTEE FOSTER: For the expansion pool you mean?
BRUCE ANDERSON: Any pool must be 100 feet from surface water.
It puts us in a variance situation but it likely will be a
screening process. The reasoning for that will again have more
to do vertical component than the horizontal. So I am not
worried about the health department at all. But if I go the
other way, then I am creating a potential health threat.
Regulator health threat to the adjacent neighbors. Which I want
to avoid that. They are going to bring public water in. But
the actual connection of public water to that house and this
house. It is quite an expensive project. Because you are going
to be running a lateral 1500 or 1600 feet. That is not going to
be cheap. We do not know even if those people are going to want
to hook up at that expense.
TRUSTEE KRUPSKI: But what we are talking about is not so much
the separation. That is their problem. We are talking about
Board of Trustees .... 34 ~ay 24, 2000
set backs here. Is that enough set back here from the existing
driveways.
BRUCE ANDERSON: Well the driveways. This is cleared here.
TRUSTEE KRUPSKI: This is all cleared here right?
BRUCE ANDERSON: All of this on the outside is going to be
preserved. So what you wind up at the end is a wetland that
remains undisturbed and a buffer here, as well as here.
Disturbance limited to the high ground between the two.
One question I do have for you is? I have not made this part of
my application because I have not talked the client into it but
I am going to impress upon him the importance of putting this
power underground.
TRUSTEE KRUPSKI: Sure.
BRUCE ANDERSON: Okay, because it should be.
TRUSTEE KRUPSKI: Oh yes.
BRUCE ANDERSON: I do not know if you regulate that because
often in times placement of utilities are usually excluded from
regulations.
TRUSTEE KRUPSKI: No. You would put it right in the road.
BRUCE ANDERSON: You would put it along the side of the road.
It would not make sense to. You would not just drop the line
in. You would follow it along the road.
TRUSTEE KRUPSKI: On his side, on the house side.
BRUCE ANDERSON: We probably do not care which side. Whatever
is going to be the easiest to do. My concern has nothing to do
with yours. I do not like this dimension from the corner of the
house to the power line. I think he is going to realize that.
That is a health safety thing and has nothing to do with this
Board. You would never put a house that was 12 feet from a
power line, particularly if the land is higher here. Because
you would look out your window and you are going to see a power
line.
TRUSTEE KRUPSKI: Where would you put it in, Just from his
property line or all the way in?
BRUCE ANDERSON: Well I would bury it from here, to here. My
preference is to have all power, water, cable everything under
ground.
TRUSTEE KRUPSKI: Sure. It makes sense.
BRUCE ANDERSON: But it is expensive.
TRUSTEE KRUPSKI: But you are looking at the scope of this
project. It is a very small component.
BRUCE ANDERSON: We agree on the location of the house. If the
permit could say that the septic system shall be located outside
the jurisdiction. Under that circumstance we are finished with
that.
TRUSTEE KRUPSKI: No, not if he is putting it here.
BRUCE ANDERSON: Excuse me.
TRUSTEE KRUPSKI: If he is putting the power in here.
BRUCE ANDERSON: It is not part of my proposal yet, because.
TRUSTEE KRUPSKI: Well come back. If he has to trench it in.
BRUCE ANDERSON: I do not want to hold the house up on this. I
w~ll be coming back to you many months from now. When I have
eYerything together on this. I will apply for a building
permit. Because it is just with some people. They can not
Board of Trustees .... 35 ~ay 24, 2000
visualize what I am talking about. I know that you can, but
this particular person can not. I have probably spent an hour
and one half with him explaining that benefit and I still do not
believe he really gets it. But I am sure he will.
TRUSTEE KRUPSKI: Who is right next to him here?
BRUCE ANDERSON: This is. I do not recall.
TRUSTEE KRUPSKI: A yellow house there.
BRUCE ANDERSON: Yes, I believe.
TRUSTEE KRUPSKI: My concern now is this buffer zone. We will
not let him touch anything on this side. Does it pay for him to
do a non-turf in here. After he gets done with his.
BRUCE ANDERSON: You cannot because you are going to have
disturbance in here.
TRUSTEE KRUPSKI: Oh yes.
BRUCE ANDERSON: You do not want to grass over the top of the
septic system for sure. Because you will want it accessible
plus you got to put them in.
TRUSTEE KRUPSKI: But the whole area is going to be disturbed.
But afterwards you could have him put in. This is the only area
that I can think of. This is turf here already. It is all
scoping down into there. This is the only area that you can
foresee being a problem as far as. Right now you are not
getting much run-off out of here.
BRUCE ANDERSON: But keep in mind now, the land scopes down to a
road. Which is flat. At that point it is going to be
significantly slowed. Now what I do not have here that I should
have here. Is that we should engineer some drywells in here.
So that at least whatever the pervious surfaces do not speed
run-off. That is the type of requirement I never heard of
anyone objecting to. Regulators often do not realize how
important it is. We can close the hearing pending the
realignment. We can engineer the appropriate dry-wells around
here so it at least all impervious surfaces are controlled.
That returns you to the status que. From terms of run-off.
Because the land and soil would remain the same. I guess this
would compact probably.
TRUSTEE KRUPSKI: How about the grade?
BRUCE ANDERSON: The grade I may have to come back to you at
some future point. Because when I look at this from a design
stand point. I am going to have essentially a basement here.
That will be at grade and the property goes up about eight
feet. I am going to want probably put in a retaining wall here
and here. I am not prepared to propose it because I only have
very preliminary designs on the house. It is going to be a
modular home. But what you are likely to see in terms of a
permit amendment is going to be a retaining wall coming out this
way and this way. Then this area around here is flattened with
the result of spoil/soil being trucked off site, because it will
be no use to us.
TRUSTEE FOSTER: How are you going to get a modular home in
there? Helicopter.
BRUCE ANDERSON: That part he has contacted modular home people
who are telling him they can get him in. Personally I think a
stick built would be much better here.
Board of Trustees 36 ~f4ay 24, 2000
TRUSTEE FOSTER: You need a lot of room to get those things in
there.
BRUCE ANDERSON: Obviously it is going to come in pieces.
TRUSTEE KRUPSKI: Thirty by seventy house.
BRUCE ANDERSON: It goes not come in one piece.
TRUSTEE FOSTER: You get a pretty good size cherry picker in
there to put those things in place. You will be clearing a
significant area to do it.
BRUCE ANDERSON: But you know what, when the cherry picker
comes. He is come in this way. Because that is the only way he
can get in. You are going to have a poured foundation here and
you are going to stage it from this area to that area. Again I
happen to live in a modular homes. Mine came in five or six
pieces. I agree with you that a stick built would be much
easier way to build it. Again he may discover that. Or what I
would suggest for him to do. That the modular home builder
obviously he is going to have to assure that he can get it
there. May have to bond this portion of the road, to make sure
that he does not tear it up. I do not think it is going to be
easy.
TRUSTEE KRUPSKI: How about getting back to the drainage. You
got a low spot here.
BRUCE ANDERSON: That is 10 feet I believe.
TRUSTEE KRUPSKI: It goes up to the road, actually. Can we do
something here? We have a bad problem in Peconic. Not that
this going to be paved. But they paved the driveways and they
have some problems.
BRUCE ANDERSON: Where is this now?
TRUSTEE KRUPSKI: Up by the sound here in Peconic. It was just
incredible amount of run-off, that generated. Could we
extenuate this whole here. So at least we are going to take
most of this driveway run-off. I do not want that accumulating
rushing down here. First you cut the neighbor's road in half
which is never popular.
BRUCE ANDERSON: This is their road by the way. But that is
okay.
TRUSTEE KRUPSKI: You know what I am saying.
BRUCE ANDERSON: What we would normally do under that
circumstance is we would then swale it this way. By proposing a
grade like that.
TRUSTEE KRUPSKI: That is what I would like to see. So that the
driveway. This driveway area is going to be drained into low
spot before it gets to the driveway.
BRUCE ANDERSON: We could also drop a dry-well in here.
TRUSTEE KRUPSKI: If it is sand there. You go down a foot a
foot and half. You can put water in there all day you would
never accumulate it. Do you think, let Artie look at it.
TRUSTEE FOSTER: Not always. Water comes heavy. It is only
going to take it so fast.
TRUSTEE KRUPSKI: That is what I am talking about right here.
If they dig this out. Take a foot or foot and half out of that
and pitch the driveway into it.
BRUCE ANDERSON: Is the natural depression going to be more
effective than a dry-well placed in that location.
Board of Trustees ~-~ 37 ~'~ay 24, 2000
TRUSTEE KRUPSKI: I would think so.
TRUSTEE FOSTER: You will get a lot of water.
TRUSTEE KRUPSKI: My fear is steep driveway, all this water is
going to pour down here. Cut this road in half. But if you
have a little natural depression that you can utilize. It is
not an expensive solution.
TRUSTEE FOSTER: It also gives you a bigger surface area. It
does not give you storage. Sometimes it works a lot better.
TRUSTEE KRUPSKI: Sure does.
BRUCE ANDERSON: Certainly than we have to shift over to a
septic system. We want to add drywells probably four.
TRUSTEE FOSTER: To take the roof water.
TRUSTEE KRUPSKI: And the pool. So we can act on that based on
those conditions then.
BRUCE ANDERSON: I would like to call it a receipt of a grading
plan because the grading plan. I want to show you right now is
going to consist of a wall out here. And a wall out there.
This area is gone be somewhat flat around in that direction.
TRUSTEE KRUPSKI: Sure.
BRUCE ANDERSON: I do not have an engineer yet. So I do not
really know. But if we close the hearing and issue a permit.
It gets me to what is going to be the bigger time delay which is
the health department. In this year, the last twelve months.
It has cost me more time than anyone else.
TRUSTEE KRUPSKI: Do I have a motion to close the hearing.
TRUSTEE KING: So moved.
TRUSTEE POLIWODA: Seconded.
TRUSTEE KRUPSKI: All in favor. ALL AYES
TRUSTEE KRUPSKI: I will make a motion to Approve the
application, with the following conditions. Drywells to handle
all roof run-Off. Drywells to handle the pool drainage. No
disturbance at all on the wetland side of the driveways, all
driveways. Final grading plan showing the low area, recharge
area to handle that run-off from the driveway. So that the
driveway water is directed into that and not onto the existing
driveway. Relocation of the septic system, outside of our
jurisdiction.
BRUCE ANDERSON: I will return to you a corrected survey and you
will send me a permit,
TRUSTEE FOSTER: You are going to have to have a serious amount
of hay bales around that job.
TRUSTEE KRUPSKI: It is true while we can have hay bales in
place.
BRUCE ANDERSON: I am just going to wrap the perimeter to keep
then landward side of the driveways. Obviously, we can not do
the other side, because you have to get in. I will show it on
the survey.
TRUSTEE FOSTER: You are going to have to indicate them on the
plan.
BRUCE ANDERSON: See where I have drawn them in.
TRUSTEE FOSTER: Yes I see.
BRUCE ANDERSON: Thank you very much.
TRUSTEE KRUPSKI: The placement of hay bales.
I need a seconded.
Board of Trustees ..... 38 .... -~ay 24, 2000
TRUSTEE FOSTER: Second.
TRUSTEE KRUPSKI: Ail in favor. ALL AYES
15. Architechnologies on behalf of A~OI~'~E NO~ARO requests a
Wetland Permit to maintenance dredge. Located: 625 Calves Neck
Road, Southold.
TRUSTEE KRUPSKI: Is there anyone here who would like to speak
in favor of the application.
ANTOINETTE NOTARO: I would like to maintain the dredging from
my original permit. (cannot understand)
TRUSTEE KRUPSKI: Show that to Kenny. Kenny did you take a look
at this?
TRUSTEE POLIWODA: Yes, is there a permit for dredging?
TRUSTEE KRUPSKI: 1989 to construct a catwalk ramp, and float.
That is what we did in 1989. We approved 8'x60' float then.
Dredge to remove approximately 50 cubic yards from 17x70 foot
area in front of the float. Glenn Just represented her last
time. Glenn should have stuck around. Actually someone voted
no on this before. It was me. I did not think that I was in
favor of this. But this was a long time ago. So I have
forgotten. This was approved and I presumed it was dredged.
How many yards do you propose taking out?
ANTOINETTE NOTARO: Actually we over estimated on that. Because
we need less dredge than we did the first time. We are just
getting into mud now. We can not get in on low tide.
TRUSTEE KRUPSKI: The depth to which the material will be
removed is two feet. Seal barge to a designed dump site.
This shows forty feet. I would not go past what was originally
approved.
ANTOINETTE NOTARO: No that is fine.
TRUSTEE POLIWODA: I would not go past the edge. Just where the
originally cut was.
ANTOINETTE NOTARO: That is all we need.
TRUSTEE KRUPSKI: Just give us a drawing showing that. We can
act on it tonight. But you will have to change the drawing.
Come in and get your permit after you change the drawing. See
it shows 40 feet here.
ANTOINETTE NOTARO: This is the old one. We just used it off
the original.
TRUSTEE KRUPSKI: Is that what it looks like Ken.
TRUSTEE POLIWODA: Yes.
TRUSTEE KRUPSKI: Just come into the office and give us a darker
copy of that. Give us a yardage estimate.
TRUSTEE POLIWODA: Who is doing the work?
ANTOINETTE NOTARO: Lutson. No Latham. I am tired too.
TRUSTEE KRUPSKI: Our fees went up from $5.00 a yard to $10.00 a
yard. So whatever it is.
ANTOINETTE NOTARO: Whatever it is.
TRUSTEE KRUPSKI: I am going to put this on top of this file.
This is the accurate drawing and we will refer to that.
ANTIONETTE NOTARO: Do you want to hang onto this? Because it
has a date on it.
TRUSTEE KRUPSKI: I guess. I will put this in the new file. Do
I have a motion to close the hearing.
Board of Trustees ...... 39 -'~ay 24, 2000
TRUSTEE KING: So move.
TRUSTEE POLIWODA: Seconded.
TRUSTEE KRUPSKI: All in favor. ALL AYES
TRUSTEE KRUPSKI: Make a motion Ken.
TRUSTEE POLIWODA: I will make a motion to Approve the Wetland
Permit for maintenance dredge for ANTOINETTE NOTARO dock. As
old permit describes located 625 Calves Neck Road, Southold.
TRUSTEE KING: Second
TRUSTEE KRUPSKI: All in favor. ALL AYES
TRUSTEE KRUPSKI: I have to vote nay.
16. ARISTIDES M. GIOSASI requests a Wetland Permit to construct
decks with drywells on corners of house. Located 775 Wood Lane,
Peconic.
TRUSTEE KRUPSKI: Is there anyone here who would like to speak
in favor or against. I took a look at it. It is pretty basic.
It is a deck. Do I have a motion
to close the hearing.
TRUSTEE KING: So moved.
TRUSTEE POLIWODA: Second
TRUSTEE KRUPSKI: All in favor. ALL AYES
TRUSTEE KRUPSKI: I will make a motion to Approve the
application.
TRUSTEE KING: Seconded.
TRUSTEE KRUPSKI: All in favor. ALL AYES
17. DONNA WEXLER on behalf of Stirling Harbor Marina requests a
Wetland Permit to replace 42 pilings and 141 bulkhead pilings +
600' staving (yellow) and remove concrete that is broken and
replace with sand & gravel. Located: 1410 Manhanset Avenue,
Greenport.
TRUSTEE KRUPSKI: Is there anyone here who would like to speak in
favor of the application.
HOWARD WEXLER: Donna's husband. I would just like to say that
this is routine maintenance of the marina as per our tour. We
have no changes being made to the marina. Just to maintain the
marina in good condition.
TRUSTEE KRUPSKI: The CAC recommended approval. Any other
comment?
TRUSTEE POLIWODA: You know that puddle we were walking through.
HOWARD WEXLER: It has all been replaced.
TRUSTEE POLIWODA: You put a ring in there.
HOWARD WEXLER: Oh. No
TRUSTEE POLIWODA: You might just want to do that.
HOWARD WEXLER: Okay.
TRUSTEE POLIWODA: Because that is a big run-off spot.
HOWARD WEXLER: I know what you are talking about.
TRUSTEE POLIWODA: Where we walked through.
TRUSTEE KRUPSKI: Do I have a motion to close the hearing.
TRUSTEE KING: So moved.
TRUSTEE POLIWODA: Seconded.
TRUSTEE KRUPSKI: All in favor. ALL AYES
TRUSTEE KRUPSKI: Kenny would you like to make a motion.
Board of Trustees ..... 40 ~'~ay 24, 2000
TRUSTEE POLIWODA: I will make a motion to Approve the Wetland
Permit on behalf of DONNA WEXLER as written.
TRUSTEE KING: Seconded.
TRUSTEE KRUPSKI: All in favor. ALL AYES
18. VIVIAN $OO requests a Wetland Permit to construct a dock
consisting of platform 3'x6',ramp 3'x16' and float 6'x20' with
two piles to secure float and cut phragmites to 1". Located:
265 Cedar Point Drive East, Southold.
TRUSTEE KRUPSKI: Anyone here would like to speak in favor of the
application.
VIVIAN SO0: Yes, we had previous approval in 1995. But because
of a delay in the construction of our house. We decided not to
pursue that permit. So when the house was constructed and this
is the application. We have not made any changes.
TRUSTEE KRUPSKI: The original permit was in 1996. (Tape
change).
TRUSTEE POLIWODA: I would not want to touch that. I understand
that you have a path there. You probably would want access down
to the creek. They could clear that path one foot and no heavy
machinery in that area.
VIVIAN SOO: Yes we have our contractor, Mr. Christianson.
MR. CHRISTIANSON: There will be no heavy machinery.
TRUSTEE POLIWODA: What are you planning in using to clear
that? I see there is a lot of poison ivy, a lot of briar.
VIVIAN SO0: No poison ivy, I am terrible allergic. I know.
TRUSTEE POLIWODA: There is plenty there.
VIVIAN SOO: No I do not think so.
TRUSTEE POLIWODA: Yes, I did not want to walk through it.
VIVIAN SOO: I am deathly allergic to poison ivy. I have been
through there many times.
TRUSTEE POLIWODA: I tip toed through there, your path, I did
not want to touch the side.
MR. CHRISTIANSON: As far as clearing, I have nothing to do with
that. I am just doing the dock. I had no idea there was any
clearing going on.
TRUSTEE POLIWODA: Oh you are just doing the dock.
TRUSTEE KRUPSKI: It is just to cut the phragmites down to a
foot. Just a fringe of phragmites.
TRUSTEE POLIWODA: Actually they are on well established bank.
Drops about 6 or 8 feet down.
TRUSTEE KRUPSKI: But they want to cut them to a foot high.
VIVIAN SO0: There will be no clearing as far.
TRUSTEE POLIWODA: On the bank.
VIVIAN SOO: There will be just basic clearing to allow Mr.
Christianson and his crew to construct the dock.
TRUSTEE KRUPSKI: They only applied for just the phrags.
Nothing else to be touched, we will make that clear in the
permit.
VIVIAN SO0: There are some big trees. We will probably pull
them out.
TRUSTEE KRUPSKI: What is here, what is in the front yard.
The house is built?
Board of Trustees · 41 ~May 24, 2000
TRUSTEE POLIWODA: The house is built. It is all dirt and it
goes right up to the bank. There is dirt right up to 15 or 20
feet from the bank. So that is about 50 foot buffer to the
wetlands.
TRUSTEE KRUPSKI: There is a 50 foot buffer.
TRUSTEE POLIWODA: Probably, because you count the bank plus the
walk down the bank to the wetlands. That is why I did not want
to see too much touched. Because that bank if well
established. I do not want to see it cut apart with a machine
and then the run-off goes right in that creek.
TRUSTEE KRUPSKI: You understand what he is saying.
TRUSTEE POLIWODA: I do not want to see a machine.
VIVIAN SO0: I think Mr. Christianson would be better.
MR. CHRISTIANSON: As far as the dock it will be established to
get in there to build the dock. The dock is only three foot
wide. There would be a five foot section that we would have to
ut or trench, just to be able to build.
Where ever the permit says it can be built.
TRUSTEE POLIWODA: I was not going to recommend any big
material. I was going to say 4x4 posts. Cause the docks in
there are very small.
MR. CHRISTIANSON: This is using a 6 inch diameter pile.
TRUSTEE POLIWODA: Six inch pilings. That is acceptable.
TRUSTEE KRUPSKI: That is more than enough here.
TRUSTEE POLIWODA: Because there is very little water.
MR. CHRISTIANSON: I believe the neighboring property has a 8
inch pile. That is what I saw.
TRUSTEE POLIWODA: One was ridiculous.
TRUSTEE KRUPSKI: I did not have a problem with it. You are
going to have a problem with the DEC now.
VIVIAN SOO: The DEC approved it.
TRUSTEE KRUPSKI: They did okay.
TRUSTEE POLIWODA: The float and all?
VIVIAN SOO: Yes, because the house permit is with the float.
TRUSTEE KRUPSKI: Do I have a motion to close the hearing?
TRUSTEE KING: So moved.
TRUSTEE FOSTER: Seconded.
TRUSTEE KRUPSKI: All in favor. ALL AYES
TRUSTEE POLIWODA: I will make a motion to Approve the Wetland
Permit on behalf of VIVIAN SOO to build a platform 3'x6', ramp
3'x16' and float 6'x20' with 2 piles, the dock will have no more
than 6" pilings. Path of six feet to be cut down to one foot in
height. There will remain a buffer on the bank down into the
wetlands. Non-disturbing buffer.
VIVIAN SOO: There are some dead cedar tree there. Can we drag
them out.
TRUSTEE POLIWODA: Yes.
TRUSTEE KRUPSKI: I think we can call that maintenance.
VIVIAN SOO: Thank you very much.
TRUSTEE POLIWODA: If you did want to trim the poison ivy. Hand
trim only.
VIVIAN SOO: To a foot.
TRUSTEE FOSTER: Bare hand trimming only.
TRUSTEE POLIWODA: No heavy machines on that bank.
Board of Trustees .... 42 ~ay 24, 2000
TRUSTEE KRUPSKI: You do not want to destabilize it. You will
loose your property. Just be careful.
TRUSTEE POLIWODA: You will have run-off.
VIVIAN SOO: Thank you.
TRUSTEE KING: Seconded.
TRUSTEE KRUPSKI: All in favor. ALL AYES
19. C~ARLES LUXSTER requests a Wetland Permit to construct a
13'x13' addition to existing home, addition will be one bedroom
and one bathroom. Located: 1670 Leeton Drive, Southold.
TRUSTEE FOSTER: I checked it out. It really is not changing
anything. What he is doing. He is going no further towards
bulkhead then~the existing house. He has an inside corner, like
this. That he wants to fill in. No problem.
TRUSTEE KRUPSKI: Make a motion to close the hearing.
TRUSTEE FOSTER: I will make a motion.
TRUSTEE KRUPSKI: So I am going to close the hearing.
TRUSTEE FOSTER: I will make a motion to close the hearing.
TRUSTEE KING: Seconded.
TRUSTEE KRUPSKI: All in favor. ALL AYES
TRUSTEE FOSTER: I will make a motion to Approve the permit for
CHARLES LUYSTER at 1670 Leeton Drive, Southold for a 13x13
addition to existing home with a bathroom.
TRUSTEE POLIWODA: Second.
TRUSTEE KRUPSKI: All in favor. ALL AYES
20. JO~IN & NANCY WISSEMANN requests a Wetland Permit for
existing 3'x16' dock and to construct 6'x14' float. Located 265
Cedar Point Drive East, Southold.
TRUSTEE POLIWODA: Did they send in all kinds of information I
asked for. The distance across the little cove. Water depths
from edge to edge. Because the property across from them. It
is a fairly narrow cove. The properties across from them are
for sale right now. I am sure those people are going to put a
house in and a dock and float in there also. They can not go a
third, they can not be third into the channel. There is a
little channel in the middle somewhere. They can not put their
boat in the middle of it.
TRUSTEE FOSTER: Where is this Kenny?
TRUSTEE POLIWODA: By the General Wayne's, first little cove on
the right. As you go down that dirt road along the General
Wayne. They are right at the end of the cove. But there are
two properties for sale across from them.
TRUSTEE KRUPSKI: If you want to approve it. It is there.
Right.
TRUSTEE POLIWODA: This part is here. I do not think the float
was not there. They are just adding the float on.
TRUSTEE KRUPSKI: Well, if they put a boat on the outside. What
is it going to look like?
TRUSTEE POLIWODA: This looks good the way they drew it.
TRUSTEE KRUPSKI: Even with a boat on the outside.
TRUSTEE POLIWODA: I can recommend a Wetland Permit for the
existing 3x16 dock, and no float.
Board of Trustees ~'-~ 43 '~l~ay 24, 2000
TRUSTEE KRUPSKI: I guess there is no way they can have a float
there. Is there.
TRUSTEE POLIWODA: No pole, no float because they can not
extending out there. Just give them that. If they do not like it
they can come back next month.
TRUSTEE KRUPSKI: I need a motion to close the hearing.
TRUSTEE FOSTER: So moved.
TRUSTEE POLIWODA: Seconded.
TRUSTEE KRUPSKI: All in favor. ALL AYES
TRUSTEE POLIWODA: I will make a motion to Approve the Wetland
Permit for existing 3'x16' dock but not to construct, no
construction of the 6'x14' float. Located: 650 Private Road
~16, Southold.
TRUSTEE FOSTER: You want us to all look at it Kenny?
TRUSTEE KRUPSKI: No it is just a navigational thing. It is
going to be more than a third the way across. Tell him that is
the reason it is going to be more than a third of the way
across. You can not put anything - dock and boat - more than a
third of the way across. Is there a second on that?
TRUSTEE FOSTER: Seconded.
TRUSTEE KRUPSKI: All in favor. ALL AYES.
TRUSTEE KRUPSKI: Now I need a Motion to go back to the regular
meeting.
TRUSTEE FOSTER: So moved. Back to the regular meeting.
TRUSTEE KING: Seconded.
TRUSTEE KRUPSKI: All in favor. ALL AYES
Mr. Olmstead approached the Board with pictures regarding the
run off on Westphalia Road and Route 48.
TRUSTEE KRUPSKI: Yes sir.
GENTLEMEN: My name is Mr. Olmstead, I live on Westphalia Road
& Route 48 I have a great view to Matt-A-Mar. I am here,
complaining about the filling in the end of my creek. Pictures
were supplied to show run-off.
TRUSTEE KING: One of these days we are going to have a public
hearing on this whole thing. It is one of my sampling stations
right there. A lot of it is coming from west on 48. That is
all unconnected. It all goes into that one area. I know the
county has gotten a $278,000. grant to get going on some of
this. It is frustrating because it is taking so long.
TRUSTEE KRUPSKI: We really thought the county was going to move
on this.
TRUSTEE FOSTER: This is a part time Board. They are a full
time Agency. We devote more time to this than they do. It is
very frustrating.
TRUSTEE KING: I will come down to see you.
TRUSTEE KRUPSKI: Good night. Thank you.
V. MOORINGS:
1. JOSEPH ZITO requests a mooring permit for a stake off his
own property on Deep Hole Creek for 16' boat (will be temporary
Board of Trustees .... 44 '~May 24, 2000
until DEC permit is granted for dock} ACCESS: Own Property.
TRUSTEE KING moved to Approve. TRUSTEE POLIWODA seconded. ALL
AYES.
2, BARBARA STOUTENBURGH requests an off shore/on shore stake
on Mud Creek for a 13 foot Whaler. ACCESS: Private
TRUSTEE POLIWODI moved to Approve. TRUSTEE KING seconded. ALL
AYES.
3. GEORGE SCHEIDER requests an off shore on shore stake in
Goose Creek, Gagen's Landing for a 12 foot Home Made. ACCESS:
Public
TRUSTEE KRUPSKI moved to Approve it, based on the fact there is
a cancellation. If not, we will have to look at it.
TRUSTEE POLIWODA seconded. ALL AYES.
Meeting adjourned at: 11:15 p.m.
~espect fu 1 ly ~,ubmitted,
Cfiarlotte Cun~~k
Board of Trustees
(
Town Cie~k, Town ol Soutt~old