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HomeMy WebLinkAboutTR-07/21/1999Albert J. Krupski, President James King, Vice-Presiden~ Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax [516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MINUTES JULY 21, 1999 PRESENT WERE: Albert J. Krupski, Jr., President James King, Vice-President Arthur Foster, Trustee Henry Smith, Trustee Ken Poliwoda, Trustee Lauren Standish, Clerk WORKSESSION: 6:00 p.m. CALLED MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT TRUSTEE MEETING: Wednesday, August 25, 1999 at 7:00 p.m. TRUSTEE SMITH moved to approve, TRUSTEE POLIWODA seconded. ALL AYES NEXT FIELD INSPECTION: Wednesday, August 18, 1999 at 12 noon TRUSTEE SMITH moved to approve, TRUSTEE POLIWODA seconded. ALL AYES APPROVED MINUTES: TRUSTEE SMITH moved to approve the minutes of May 26, & June 23, 1999 minutes, TRUSTEE FOSTER seconded. ALL AYES I. MONTHLY REPORT: The Trustees monthly report for May 1999: A check for $4,628.23 was forwarded to the Supervisor's Office for the General Fund. II. AMENDMENTS/WAIVERS/CHANGES: 1. Crowley Construction on behalf of FRANK DI'ORIO requests an Amendment to Permit #431 to extend existing fixed dock 16' Located: 1650 Mason Drive, Cutchogue. SCTM #104-7-11 TRUSTEE KRUPSKI moved to approve the application for the 16' extension, the same size ramp, but 1 float must be removed and the other float must be replaced by a 6' X 20' float only, TRUSTEE SMITH second. ALL AYES Board of Trustee~ 2 ~ly 21, 1999 2. JOHN XIKIS requests an Amendment to Permit #4454 to extend existing deck out approx. 6' in width. Located: 55585 North Road, Southold. SCTM ~44-1-13 TRUSTEE SMITH moved to approve the application, TRUSTEE KING second. ALL AYES 3. PECONIC LAND TRUST requests an Amendment to Permit ~4863 to restore salt marsh on Cassidy Preserve as per new plans submitted. Located: Wetland spoil site at the southeastern end of Hasamomoque Pond situated immediately north of L.I.R.R. tracks. TRUSTEE SMITH moved to approve the application, TRUSTEE KING seconded. ALL AYES 4. EDWARD & CHRISTINE VIOLA requests an Amendment to Permit #123 to change the condition of permit to state that a boat docked at existing dock does not eXtend more than 12' into the channel and/or more than 1/3 across the width of the creek. Located: 2850 Deep Hole Drive, Mattituck. SCTM ~123-4-13 TRUSTEE KRUPSKI moved to grant an Amendment to Permit 123 to state that the boat and the dock extend no further than 1/3 the way across the creek, TRUSTEE SMITH seconded. ALL AYES 5. PETER ENNERS requests an Amendment to Permit 447 to construct a timber bulkhead at a 45 degree angle onto an existing bulkhead for a total of 24' to end erosion. Located: 15 East Mill Road, Mattituck. SCTM ~106-4-2 TRUSTEE KING moved to approve the application with condition that applicant keep the bulkhead as close to the toe of the bank as possible, TRUSTEE FOSTER seconded. ALL AYES 6. RICHARD & PAMELA FRERKING request a Waiver to construct a screened house with a storage area approx. 21' X 15' Located: 680 Deep Hole Drive, Mattituck. SCTM ~115-12-9 TRUSTEE KING moved to deny the request for a Waiver and request a full application due to the amount of work that will be done on the property, TRUSTEE POLIWODA seconded. ALL AYES 7. RAYMOND HAYES requests a Waiver to construct a 10' octagon gazebo. Located: 3445 Pine Neck Road, Southold. SCTM #70-6-21 TRUSTEE SMITH moved to approve the application, TRUSTEE FOSTER seconded. ALL AYES 8. J.M.O. Consulting on behalf of THEODORE ANGELL requests a Waiver to construct a deck addition and an 8' X 8' free form ornamental garden pool. Located: 305 Gull Pond Lane, Greenport. SCTM ~35-4-28.25 TRUSTEE SMITH moved to approve the application, TRUSTEE KING seconded. ALL AYES 9. LESTER EISENBERG requests a one year extension for Permit ~4730 to construct a dock, ramp and float to expire May 1, 2000. Located: 925 Long Creek Drive, Southold. SCTM ~55-3-27 Board of Trustees~-y 3 ~ly 21, 1999 TRUSTEE KRUPSKI approved the one year extension with amendment that the pilings be no more than 6" and no hand rail and that the structure be built with low profile as possible according to plans he submitted 2 years ago, TRUSTEE POLIWODA seconded. ALL AYES 10. LEO OLSEN requests a one year extension to Permit #4800 to remove locust trees and replace with others, place a 20' non-turf buffer along dock, remove top soil and fill with recycled concrete and top with stone or wooden walkway, install driveways topped with stone, grade land, install a 6' fence along rear of property, plant grass and landscape, install new water line from main street to existing building, repair retaining wall, and applicant will install septic system, only when Health Dept. approves location of septic system and places on survey and will repair catwalk only when he places accurate dimensions of catwalk on survey along with dimensions of shed. Located: 3590 Main Road, Greenport. TRUSTEE KING moved to approve the extension, TRUSTEE POLIWODA seconded. ALL AYES 11. Suffolk Environmental Consulting on behalf of CHARLES GROPPE requests a one year extension to Permit ~4754 to construct a single family dwelling, driveway, and septic system. Construction will be on piles and will be approx. 47' away from wetlands, with a 40' non-disturbance buffer as per plans dated 2/4/97. Located: 985 Bay Shore Road, Southold. SCTM ~53-3-12 TRUSTEE POLIWODA moved to table the application until next months inspection, TRUSTEE KING seconded. ALL AYES TRUSTEE SMITH moved to go off the regular meeting and onto the Public Hearings, TRUSTEE FOSTER seconded. ALL AYES IV. PUBLIC HEARINGS: THIS IS A PUBLIC HEARING IN THE MATTER OF THE FOLLOWING APPLICATIONS FOR PERMITS UNDER THE WETLANDS ORDINANCE OF THE TOWN OF $OUTHOLD. I HAVE AN AFFIDAVIT OF PUBLICATION FROM THE SUFFOLK TIMES REVIEW. PERTINENCE 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 1. Crowley Construction on behalf of EMANUEL ZEFROS requests a Wetland & Coastal Erosion Permits to resheath and repair approx. 200' of existing bulkhead and resheath a 30' return on landward side. Located: 12500 Main Road, East Marion. SCTM ~31-14-7 TRUSTEE KRUPSKI: Is there anyone here who would like to speak either in favor or against the application? SUE LONG: I'm here to answer any questions. I would like to bring to your attention that we're requesting to resheath Board of Trustee~ 4 O~ly 21, 1999 landward of 200' of bulkhead and landward of that 30' return. it's not a return we are proposing. TRUSTEE FOSTER: I took a look at this and didn't see any problem with it. TRUSTEE KRUPSKI: Is there any other comment? TRUSTEE SMITH: Move to close the hearing. TRUSTEE POLIWODA: Second. TRUSTEE FOSTER: I'll make a motion to approve the application to resheath and repair approx. 200' of existing bulkhead and resheath the existing 30' return on landward side. TRUSTEE SMITH: Second. ALL AYES 2. CHARLES V. SALICE as contract vendee requests a Wetland Permit to rebuild 4' X 8' stairs, remove an 8' X 8' deck and replace with a 12' X 12' deck, install a 4' X 60' catwalk, a 3' X 12' ramp and a 6' X 40' float secured with 3- 2 pile dolphins. Located: 2315 Pine Tree Road, Cutchogue. SCTM #104-3-1 TRUSTEE KRUPSKI: Is there anyone here who would like to speak either in favor or against the application? SUE LONG: The soundings were taken out there last week so that the plans could be done accurately. TRUSTEE KRUPSKI: On field inspection we wanted to know how far out across that channel went. We didn't want it to get into the flat there. SUE: I brought some drawings and information that Angelo supplied me with and I'd like to give you copies of them that shows you from the edge of apparent low water out 100' The back page shows it a little bit in larger scale. The soundings are taken from the north and right down the middle where the dock is. TRUSTEE SMITH: What's the difference from the edge of that dock to that 5.5 ..... ANGELO STEPNOSKI: The off shore edge of the dock is approx. 25' from the edge of the wetlands. TRUSTEE SMITH: No, No, then it would have to be kept to the other side. At 75' ANGELO: It's 25' from the edge of the dock. And 100' is the last leg. TRUSTEE KRUPSKI: And that's as far out as the neighbor. ANGELO: Yes, it's probably a foot or two shy of Eugene's house. TRUSTEE SMITH: Can you hold this float back further than you have now? ANGELO: The applicant would like to be able to see something on the inside of the dock. TRUSTEE KRUPSKI: I don't have a problem with this because he's right next to the neighbor and a little shorter than the neighbors. TRUSTEE POLIWODA: I don't have a problem if it's shorter than the neighbors. TRUSTEE KRUPSKI: The only thing I have a problem with is the deck. I'd rather see it replaced with whatever size it is now. Board of Trustee~j 5 ~ly 21, 1999 That's normally something we wouldn't approve new. If you came in for a new deck. SUE: I understand that, but when the vegetation surrounding that deck is not ..... it's pretty much evergreen trees and they're only asking for a foot on each side of that. Being on that deck and meeting with the family it was small. I really wish you would take into consideration. TRUSTEE SMITH: That's that bench at the top of the bank? TRUSTEE KRUPSKI: Yes. And that's 2 feet extra on either side of that deck. SUE: Yes, but it was crowded, really crowded with the family there. I would really love to do the improvement because gazebos come in that size and I've seen gazebos put in. TRUSTEE SMITH: Yes, but this is really right on top of the bank. SUE: It isn't on the bank. It's off. There's a bulkhead behind it. TRUSTEE FOSTER: You mean in front of it. SUE: Yes. There's a bulkhead landward of the... TRUSTEE KRUPSKI: Landward of it, yes. That's what Henry means, going down the bank already. If they wanted to put up on the lawn like a concrete pad up on the lawn like a patio there already. We don't want to see the bank de-stabilized. ANGELO: There's a retaining wall on the shoreward side of the deck. TRUSTEE KRUPSKI: That's what we're saying, we would never approve that new. But since he's got it there and it's functional, we told the applicant last week. SUE: Right you did, but ..... TRUSTEE SMITH: No, I can't see building anything than that. SUE: You are aware that he has a patio up above, and whether your thoughts on that patio were above them, it ...... TRUSTEE KRUPSKI: Above the retaining wall? SUE: Yes. TRUSTEE SMITH: It's existing. TRUSTEE KRUPSKI: You mean if he wants to enlarge that? SUE: Yes. TRUSTEE KRUPSKI: It might be a different story. TRUSTEE FOSTER: It's behind a bulkhead. TRUSTEE KRUPSKI: He could even apply for a waiver for something like that. It's up on the lawn, it's behind a retaining wall. That might be a Waiver, not even an Amendment. We really should stay consistent. And as far as the catwalk construction is concerned, we'd like to see no piles sticking up, just a low profile. ANGELO: Why is that to be low profile? TRUSTEE SMITH: You have neighbors to consider. Some of these docks are built like that ..... and they look like the George Washington Bridge, they have ...... TRUSTEE KRUPSKI: They have an upper and lower deck. ANGELO: All along that shoreline, they are all built the same and they look rather nice. What happens is when you have a pile sticking out, even let's say 30" is it gives you a sense of safety when you walk down, and when you have a big storm, you Board of Trustees~ 6 ~ly 21, 1999 have something to guide you down the dock if your walking down there ..... TRUSTEE SMITH: You should stay in the house. Some of these guys were using 12" piles and when the DEC made you go 4' over the top of the marsh, to me that looked terrible. If you keep it in accordance with what the neighbors have there now, I don't have a problem with it. ANGELO: There are 8" piles now on the catwalks. SUE: Also when I was at the site I was concerned about the reduction of size of the float. And Trustee Smith said it could be secured with the installation of the dolphin, or 2 dolphins, so I revised the plans based on my on-site inspection and reduced the float to 20' and I put 2 dolphins off the side and in speaking with my client. TRUSTEE SMITH: That's no problem. TRUSTEE SMITH: I'll move to close the hearing. TRUSTEE POLIWODA: Second. ALL AYES TRUSTEE SMITH: I'll make a motion we approve the application with condition that the deck be replaced with an 8' X 8' deck as originally built, and a 6' X 20' float with 2 extra dolphins and that the piles be 8" on catwalk designed in a a low profile construction type. TRUSTEE KING: Second. ALL AYES 3. En-Consultants Inc., on behalf of GERARD GELBANKS requests a Wetland Permit to attach a 3' X 12' timber ramp and a 6' X 20' float secured by 2- 8" in diameter piles to an existing fixed dock. Located: 1090 Haywater's Road & Fisherman's Beach Road, Cutchogue. SCTM 9111-1-23.1 & 28.1 TRUSTEE KRUPSKI: Is there anyone here who would like to speak either or against this application? ROB HERRMANN: If the Board has any questions. It's a pretty straight forward application. It's been in existence there and the application would like to place a float off it for lower access during low tide. TRUSTEE POLIWODA: You can remove the fixed dock and just put a float there. TRUSTEE KRUPSKI: It was our observation on field inspection that the neighbor on either side had a ramp and a float off the bulkhead. He essentially has the same size structure already, so we basically will be giving him 2 docks, if we approve this. ROB: The fixed dock has been there for however many years ..... TRUSTEE KRUPSKI: Yes, we saw the photographs you submitted. So that's essentially the same size as what the neighbors have, actually it's a little bigger than the other side, but it's the same format. ROB: What is the objection to the ramp and float along side the bulkhead. TRUSTEE KRUPSKI: It's like an extra dock. It's almost like granting him two docks. He already has a dock. ROB: Well what about a reduction in the width of the existing fixed dock. He obviously gets use ou~ of the fixed dock that's there. It's flat forming and you can put equipment, whatever, and what he wants to do is just be able to access down onto the _Er Board of Trustee~'~ b~ly 21, 1999 float at the water level at whatever it is. For efficiency, safety, etc, etc. It's a very heavily docked area there. Almost every dock there has some sort of dock or boat basin. It seems to be a pretty minor request. TRUSTEE KRUPSKI: It's just that to be consistent there he already has what all the neighbors have and he's basically doubling up. Then the neighbors will want a fixed dock next to their float also. Where the neighbors just have a ramp and a float coming off the bulkhead using they're bulkhead upland area as a staging area instead of the fixed dock~ You see our point? ROB: Yes, I don't see that as a significant point. My observation is what is out there has been out there forever. TRUSTEE KRUPSKI: But to be consistent .... you want to look at what's in the area and ....... it shows right in the photographs on both sides, and there's nothing excessive there, just enough for them to use. ROB: I would have to bail it then. I don't think without the applicant being here, I couldn't tell him to forfeit a structure that's been in place for a decade. TRUSTEE KRUPSKI: No, we're not asking him to forfeit it, what .... ROB: What your saying is that is you were to grant a ramp and a float he would have to give up the dock that he had there for ever long. I can't commit him to that obviously without him present. TRUSTEE KRUPSKI: But if you explain that to him that he already has his access, he chooses to have it, and he just had it repaired. He chooses to have it fixed. The neighbors chose to ..... ROB: I guess what I'm asking is, does the Board perceive any impact for this proposal other than what the neighbors have? TRUSTEE KRUPSKI: N6, it's just monopolizing public land which is unnecessary. ROB: Well in this case it's not actually not public land. It shows pretty clear on the survey. This is within his private bOttom. Well it's adjacent to public bottom but the filed map line actually extends out into Haywaters Cove as it's shown here, as it does for that whole areas of beach. TRUSTEE KRUPSKI: I don't believe that. You would have to show us title back to 1676 to prove that. I don't think you can do that. ROB: I guess what I'm getting at is that I hear your point but adding a float to this location giving the general character of the shoreline down there, I don't think would have any negative impact on your bottom or to the neighbors or their use of it. I'll get back to you on this. TRUSTEE KRUPSKI: Put in that light he might understand that he's gonna be doubling up his structure. TRUSTEE SMITH: He could put a step down at the end of the fixed dock and get him lower to low tide. ROB: Alright. · TRUSTEE KRUPSKI: Does he have a permit for that dock? ROB: Is there a Grandfather Permit for it, I don't know. He's had it repaired and replanked and all that. Board of Trusteed-~ 8 b~ly 21, 1999 TRUSTEE KRUPSKI: Since he's in the paper work process you might as well formalize that. Because I don't think he has a permit for all that. ROB: We'll have to table that. TRUSTEE KRUPSKI: And then you can just Amend the permit to include what he has or what he wants. ROB: Well not if your gonna eliminate it. It doesn't make sense to Grandfather it and then have a condition to get rid of it. TRUSTEE KRUPSKI: You might as well formalize the bulkhead and all that. He's maintaining it. We didn't have a problem with him maintaining it. I'll make a motion to table the application. TRUSTEE FOSTER: Second. ALL AYES 4. En-Consultants Inc., on behalf of CHARLES LO CASTRO requests a Wetland Permit to replace within 18" approx. 124' of existing timber bulkhead and backfill with approx. 25 c.y. of clean sand to be trucked in from an upland source, remove and replace inkind/inplace existing 61+' of low profile groin, remove and replace inkind/inplace existing wood deck over bulkhead and wood steps to beach, remove existing wood deck at top Of bank and construct a 12' X 20' wood deck and reconstruct wood steps down bank. Located: 2400 Park Ave., Mattituck. SCTM ~123-8-12 TRUSTEE KRUPSKI: Is there anyone here whowould like to speak either for or against the application? ROB: This project has three components and in light of your prior application we will leave the wood deck on the bank as the third component. First of all as far as the replacement of the groin is concerned, some of the recent applications we've had in the last several months we've had a surveyor get more data and information on the site to help the Board with their decision. Specifically we've been discussing low profile groins, basically what their height is to be from the top of the bulkhead trying to maintain some consistency. The groin here .... we have some elevations from the surveyor. If you look at the southeast corner of the survey, right now the top of the bulkhead is three feet above the beach and 2.1' above the groins. The groin is a little bit less than 1 foot above grade. So we're proposing to maintain it and reconstruct it in that same manner. The cross section I put max. foot above beach grass and drawn it for reference. I should have kept it at the same distance below the top of the bulkhead which is 2.1 feet. At the time the survey was done (could not hear, too many papers being shuffled) was several feet beyond the edge of existing groin. So as far as the length and the height are concerned we're just proposing the exact same structure that they're maintaining, the same low profile, the same configuration. But with no high piling on the end. As far as the bulkhead is concerned the proposal is for 18", it would still keep the bulkhead on the landward side of the adjacent property to the east. It would be behind that. This would be the one time that they would be able to step out and would not infringe on the beach than what's already down there. I can wait for comments from the Board on the deck, but the applicant would like to do is have some sort of sitting area Board of Trustees-~ 9 ~ily 21, 1999 in the area of the crest of the embankment. Obviously to look out over the Bay and specifically to watch here children playing on the beach. I advised the client that I didn't know what the Boards position would be as far as a) a deck of this size, and b) a deck overhanging the embankment. Those issues were just stored in the application. Any comments would be welcome as far as what dimension would be acceptable if a deck set forth for less of an overhang over the embankment or no overhang. Whatever your suggestion the applicant is willing to listen to as your proposal. TRUSTEE KING: This drawing is so small. Is this bulkhead gonna remain the same height? ROB: Yes, everything is to be ..... that's why we got the elevations. TRUSTEE KING: The bulkhead to the east is quite a bit higher. ROB: I think on this one, I did want to ask if the Board would be amendable to any increase in the height of the bulkhead. I don't know if you would to the same height as the neighbors but could we get any increase in the elevation on the bulkhead. TRUSTEE FOSTER: What's on the other side? TRUSTEE KING: About the same as this one. This is a fairly new bulkhead. The biggest problem I had is if they raise the bulkhead to that height, then all of sudden they get the groin up higher and ...... ROB: If we add height to the bulkhead we can just increase the distance from the top of the new bulkhead to the top of the groin. TRUSTEE KING: There's no erosion problem at all, it's well vegetated, and there's nothing that's moving around here at all. The groin I would like to keep that at beach elevation. TRUSTEE KRUPSKI: The same as what it is now? TRUSTEE KING: Yes. Did the DEC look at this last week? ROB: I don't know that. We haven't gotten a response back from them except from .... no they couldn't have because we just a response from DEC asking for ...... the landward deck may or may not be in their jurisdiction. We can't locate the bulkhead on an aerial photograph but we have a Grandfather Permit from your Board based on the permits existence in 1960. So we can't figure out what we're missing. Given the length and elevation of the existing structure in relation to low water and beach grade I don't see why would reject this proposal. Usually we get into problems where the structure extends considerably seaward of low water or if it's several feet above beach grade. TRUSTEE KING: I don't like the idea of the deck hanging out over the .... TRUSTEE KRUPSKI: Yes, you've got to keep the deck above on the lawn area. ROB: Yes, the deck is kind of the last thing. TRUSTEE KRUPSKI: I think what we would like to see is they remove the turf out from underneath it so you get sand underneath it and don't develop any sort of runoff problem. Any runoff would go right down and recharge directly. It's for their own good. We would ask for 1/4" spacing on the deck. Just so we get that recharge and not the build up. Board of Trustee~~r 10 ~uly 21, 1999 TRUSTEE KING: Could we table it and take a look at it, the whole Board? We could do a joint inspection with the DEC. TRUSTEE KRUPSKI: Whenever they come out we'll meet with them. TRUSTEE KING: I know Chuck Hamilton was out here last week, and he might have looked at it, I don't know for sure. ROB: Alright. TRUSTEE KRUPSKI: They're gonna have comments on the groin. When they come out we'll be happy to meet with them. ROB: Would you be able to coordinate that with them? TRUSTEE KRUPSKI: Yes. At the next hearing just have a new set of plans showing at the end of the stairs and not hanging over the bluff. ROB: If there's any way you could coordinate and review this one the next time the DEC is gonna be out if you could give my office a ring and then I could give you a set of plans in accordance with what you come back with so we don't have to push it. I don't think they were gonna do this this summer but I think they wanted to start in September. So if we could wrap it up in August I would appreciate it. TRUSTEE KRUPSKI: Sure. I'll make a motion to table the application. TRUSTEE KING: ALL AYES 5. En-Consultants Inc., on behalf of RONALD & CATHERINE QUINN requests a Wetland Permit to construct a fixed 4' X 68' catwalk, a 4' X 12' ramp and a 6' X 20' float secured by 2- 8" in diameter pilings. Located: 1150 Lupton Point Road, Mattituck. SCTM ~115-11-13 TRUSTEE KRUPSKI: Is there anyone here who would like to speak either for or against the application? ROB: This is becoming a familiar routine. The dock that is proposed I understand that you met at the site, and as usual I understand the Board wants the dock kept consistent with the dock to the east. As proposed now, although in light of the Ole Jule Lane situation, might want to revisit for an exact point of location. The dock as proposed now is approx. 6' longer than the neighbor. Similar to the Seifert application that you looked at last month, your pretty much looking at 2 to 2.2" of water pretty much as far as you can go out. We're trying to get a couple of more inches at least try for the satisfaction to the DEC. Pushing it in 6 feet to be in line with the neighbors you would still have the same depth on the outboard end of the float. So I don't think that would be a problem. The only thing they would probably want to do something the Southampton Trustees started doing is having a pre-construction conference with someone from Board who wanted to meet with whoever the ultimate contractor is so you can set a pier line. TRUSTEE KRUPSKI: I think that's fine with us however, the CAC recommends the total length of the structure should not exceed 40' from average high water. We measured the neighbors structure and I believe it was only 40' out from high water. You've got 56' on your drawing. ROB: What we did when we did the soundings, the shoreline actually extends out as you go to the east there. If you drew a Board of Trustee~ 11 ~L~uly 21, 1999 line perpendicular over the neighbors dock extended 45' from low water. It doesn't extend 45' from low water on their property,,but if you draw the line ..... in other words the seaward end would be the same. TRUSTEE KRUPSKI: No, we weren't drawing a perpendicular line, we measured from the edge of the marsh out. Then we walked it. It's from the edge of the marsh out. It's got nothing to do with the inland portion where they want to go quite a ways uphill there to get the elevation, which we thought was fine. It's only the distance from the edge of the marsh out. ROB: I guess what I'm saying if that property extends farther into the channel, even by 5 or 7 feet, if you restrict the Quinn's to that number regardless of the context, it's gonna have them closer to the shore than the neighbor. That's all I'm talking about in terms of perpendicular line. If you stand on the neighbors dock and look towards the Quinn's property, where your standing at the neighbors dock, it's the same as 45' from the Quinn's marsh. If you just drew the line out. So the seaward extent would be longer but its seaward terminus would be the same. Does that make sense? TRUSTEE KRUPSKI: No. TRUSTEE POLIWODA: If you live in the Cove and draw your perpendicular line you could have a 200' dock. So your not .... TRUSTEE KRUPSKI: Because the shoreline is not straight there. TRUSTEE POLIWODA: No, I wouldn't approve that. ROB: No, I wouldn't think you would. But if your talking about 5' TRUSTEE KRUPSKI: No, I don't think we're gonna squabble about 5' Then your talking about cutting your dock back about 10' not 6' I wouldn't have an objection going out 45' past ...... because he measured from the high water, and we measured from low water. ROB: The edge of the marsh is low water. What I'm saying is 45' from the marsh ..... if this dock were built 45' from this marsh it would be in line with the neighbors dock. TRUSTEE KRUPSKI: I think that's what we're after. (changed tape) ..... the dock is actually constructed because everything seems to be planning perfectly on Muntner and something went wrong and it got beyond the paper work. So what I'm suggesting here is that if you get a point with specs that before the actual construction will commence that there would be a pier line or something set whether it is staked or whatever so that if they get out and it turns out they have to construct 5' less catwalk than what you approve, that's what will happen. TRUSTEE KRUPSKI: I don't think it's as critical here. ROB: It's not as critical because there's no navigational issue, but I don't want to represent that we are totally consistent with neighbor and then have you come back and say, "the dock is 8' passed the neighbors". TRUSTEE KRUPSKI: No, I think 45' passed the edge of the marsh everybody will be happy. The catwalk can extend about 10' passed the wetland boundary. ROB: If we cut off 57' and lets say 7' off the catwalk, the catwalk would terminate 26' seaward of the marsh. Board of Trustee~~ 12 ~uly 21, 1999 TRUSTEE KRUPSKI: OK. That's fine. On our permit it's gonna say at the end of that structure no more than 45' from the edge of the marsh and the catwalk can extend upland. ROB: The way we looked at it when we were at the property we worked it out so that the catwalk would actually start where the tidal wetlands do so that we have the elevation and have an incline ramp up and beyond that it's really just grass. TRUSTEE KRUPSKI: And we would like to see it as low profile as possible. No piles sticking up. ROB: You wouldn't want to be amendable to the DEC? TRUSTEE KRUPSKI: I have. I had conversations with Chris Arfsten about that. TRUSTEE SMITH: I'll move to close the hearing. TRUSTEE KING: Second. ALL AYES TRUSTEE KRUPSKI: I'll make a motion to approve the application that the structure not exceed 45' seaward of the line of wetlands vegetation, that there be 6" pilings, low profile dock, no pilings above the dock and there be 3/4" spacing between the decking and that the structure can go inland to accommodate the applicant. TRUSTEE KING: Second. ALL AYES 6. Proper-T Services on behalf of STEFANIE LINAKIS requests a Wetland Permit to construct a single family dwelling and install an on-site sewage disposal system. Located: 2304 Private Road, off Camp Mineola Road, Mattituck. SCTM #122-9-7.18 TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor of the application? MR. FITZGERALD: I'm here to answer any questions. TRUSTEE KRUPSKI: We went out on field inspection last week and couldn't find the location of it. NEIGHBOR: As a resident of the adjacent property we just want to get some answers. Because there are wetlands and the way it was written they're installing an on site sewage disposal system, is that a septic tank? TRUSTEE FOSTER: It's a standard single family dwelling septic system. NEIGHBOR: You guys were out there and I don't know if you know that there is a lot of wetlands out there. It gets pretty soggy and I don't know how this septic tank will work, but that's the only concern we had. But if you guys it's OK, I guess it's OK. TRUSTEE FOSTER: I looked at that today and the house is staked out and is in excess of 100' from the wetlands and our jurisdiction only runs 75'. The septic system will be governed by the Health Dept. and that will be properly installed I'm sure. As far as it being soggy it appears to me that that land has all been reclaimed. It was hydraulically filled a number of years ago. It's all gonna be regulated by agencies with engineering degrees far exceeding ours. I don't think there will be a problem with whatever they decide. They have to go through the proper agencies and whatever has to be done will be done. Board of Trustees'~ 13 ~uly 21, 1999 TRUSTEE KRUPSKI: It seems to be out of our jurisdiction. What is that right of way between that proposed house and the dredged 'canal? MR. FITZGERALD: I don't know. TRUSTEE KRUPSKI: We will issue a letter of non-jurisdiction with a note that any activity within the 75' will require a permit. 7. Catherine Mesiano on behalf of RICHARD O'TOOLE requests a Wetland Permit to construct a 20' X 40' inground pool. Located: 2280 Ole July Lane, Mattituck. SCTM ~122-4-10 TRUSTEE KRUPSKI: is there anyone here who wishes to speak in favor of the application? MS. MESIANO: I'm here to represent the applicant. My only comment is we have considered other locations but if we have to do that it would require taking down trees on the northern side of the property and that would really not be a feasible thing aesthetically or utility wise. And moving it closer to the house creates a situation where the pool would be in the shadow for a good portion of the day. So we've tried to come up with a location that's reasonable. There's no wetlands vegetation on the rock and measurements were taken. I will have a new survey prepared. TRUSTEE KRUPSKI: We noticed it wasn't to scale. I don't think the Board has a problem but what we would like to see is .... because there is disturbance by the bulkhead, we would like to see a non-turf buffer between the pool and the bulkhead. Also we need a drywell put in on the house side for the pump out of the pool. Is there a problem with the septic system there? MS. MESIANO: We believe the septic is in the front and that's why we've asked the surveyor to locate that septic system TRUSTEE FOSTER: I think it's on the bulkhead side. MS. MESIANO: We were hoping since the front seemed to be filled and elevated we thought it was logical that the septic would be there. But we don't know until the surveyor puts it in. TRUSTEE SMITH: I'll move to close the hearing. TRUSTEE POLIWODA: Second. ALL AYES TRUSTEE KRUPSKI: I'll move to make a motion to approve the application with condition that we receive an accurate survey and that there be non-turf buffer placed between the pool and the bulkhead and I will go over it when you bring in the survey and there be drywells place don the landward side of the pool. TRUSTEE POLIWODA: Second. ALL AYES 8. Richard Larsen on behalf of ROBERT ROCKEFELLER requests a Wetland & Coastal Erosion Permit to install 66' of one ton stone armor to three sides of existing beach house. Located: 55185 North Road, Southoldo SCTM #44-1-8 TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor of the application? TRUSTEE SMITH: I looked at this and I don't have any problem with it. Move to close the hearing. TRUSTEE KING: Second. ALL AYES Board of Trustee~j 14 July 21, 1999 TRUSTEE SMITH: I'll make a motion to approve the application. TRUSTEE POLIWODA: Second. ALL AYES 9. Anthony Salvati on behalf of GEORGE & DEMETRA TSIRNIKAS requests a Wetland Permit for the clearing of dead trees, poison ivy and garbage on property. Located: 65400 Route 48, Greenport. SCTM ~40-3-10.1 TRUSTEE KRUPSKI: Is there anyone who would like to speak either or against the application? TRUSTEE POLIWODA: What's done is done. I didn't have a big problem with it. TRUSTEE SMITH: Motion to close the hearing. TRUSTEE FOSTER: Second ALL AYES TRUSTEE POLIWODA: I'll make a motion to approve the application. TRUSTEE KING: Second. ALL AYES 10. WILLIAM PISARELLI requests a Wetland Permit to construct a 4' X 28' catwalk, a 3' X 14' hinged ramp and a 6' X 20' float. Located: 5810 Skunk Lane, Cutchogue. SCTM ~138-2-26 TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor of or against the application? TRUSTEE POLIWODA: Move to close the public hearing. TRUSTEE SMITH: Second. ALL AYES TRUSTEE KRUPSKI: I'll make a motion to approve the application as per new and approved stamped plans. TRUSTEE FOSTER: Second. ALL AYES 11. CORNELL COOPERATIVE EXTENSION, MARINE LEARNING CENTER requests a Wetland Permit for marsh restoration resulting in better surrounding water quality. Located: Orient Point, Harris' Creek at the end of Little Bay. TRUSTEE KRUPSKI: Is there anyone here who would like to speak regarding this application? W~ were out there on field inspection last week and we didn't see any problem with this. TRUSTEE SMITH: Motion to close the hearing. TRUSTEE FOSTER: Second. ALL AYES TRUSTEE SMITH: I'll make motion we approve the application. TRUSTEE POLIWODA: Second.. ALL AYES 12. WALTER GAIPA requests a Wetland Permit to build a set of stairs from existing deck to edge of Marion Lake. Located: 360 Lakeview Terrace, East Marion. SCTM ~31-9-12 TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor of or against the application? MR. GAIPA: I am here to answer any questions you might have. TRUSTEE FOSTER: I looked at this and he has a sketch of what he wants to do there and I didn't see any problem with it. TRUSTEE SMITH: I'll make a motion to close the hearing. TRUSTEE FOSTER: Second. ALL AYES TRUSTEE SMITH: I'll make a motion to approve the application with condition that platforms be no more than 4' wide. TRUSTEE POLIWODA: Second. ALL AYES Board of Trustee~vJ 15 '~uly 21, 1999 13. RALPH LEVY requests a Wetland Permit to remove an existing fixed dock and catwalk and replace with a 6' X 30' float and a 3' X 10' hinged ramp in same location. Located: 885 Arshamomoque Ave., Southold. SCTM #66-3-4 TRUSTEE KRUPSKI: Is there anyone here who would like to speak either for or against the application? TRUSTEE SMITH: I would say this should be a 6' X 20' float and make the walk out a little further to accommodate him. TRUSTEE KRUPSKI: Did you look at the plans he submitted? TRUSTEE POLIWODA: What's there is correct. TRUSTEE KRUPSKI: But we did have a problem there. He has an expired DEC permit for a 3' X 10' hinged ramp. We did have a problem at the very south end of that waterway. Unless you give him a 10' ramp. Then it wouldn't go out any more than 6'. Because that's what he has an expired permit for. TRUSTEE SMITH: I'll move to close the hearing. TRUSTEE FOSTER: Second. ALL AYES TRUSTEE POLIWODA: I'll make a motion to approve the application with condition that he replace with a 6' X 20' TRUSTEE SMITH: Second. ALL AYES 14. WILLIAM KELLY & SANDRA SIKORSKI requests a Wetland Permit to construct a single family dwelling with a trellis, well, sanitary system, and picket fence on front yard. Located: 1840 Brigantine Drive, 756' north of North Bayview Road, Southold. SCTM ~79-4-24 TRUSTEE KRUPSKI: Is there anyone here who would like to speak on behalf of the application? W~4. KELLY: I'm the owner of the property and am here to answer any questions. TRUSTEE KRUPSKI: There was a question as far as the grade went. 300' excavated and 300' fill? TRUSTEE FOSTER: 300 yards. It just seemed like a lot. It said 300 yards of excavation and 300 yards of fill to be brought in. MR. KELLY: Actually I don't see where any fill will be brought in because of the final grading. That hump is 17.5 feet on the southeast corner of the property. That would actually be graded down. I think that's road clearance. Actually that would be leveled out. The contour should reflect that but it really doesn't reflect that because (could not hear him) TRUSTEE KRUPSKI: Our question was, is the final grade on that one? MR. KELLY: Yes, if the lines weren't changed they're gonna stay out of jurisdiction. TRUSTEE FOSTER: I just didn't think that you needed 300 yards of fill in there. I couldn't sge where it was gonna go. TRUSTEE SMITH: Motion to close the hearing. TRUSTEE POLIWODA: Second. ALL AYES TRUSTEE FOSTER: I'll make a motion to approve the application with condition that haybales be staked in at 35' non-disturbance area during construction as per new plans approved and stamped at meeting. TRUSTEE SMITH: Second. ALL AYES Board of Trustee~i 16 ~-~uly 21, 1999 15. RICHARD PIZZICARA requests a Wetland Permit to construct a 4' X 6' catwalk, a 3' X 8' ramp and a 4' X 16' float. Located: 150 Lakeside Drive, Southold. SCTM ~90-3-1 TRUSTEE TRUSTEE KRUPSKI: Is there anyone here who wishes to speak in favor of this application? TRUSTEE POLIWODA: I didn't have a problem with it. In looking at the neighbors across the creek, there was one low profile and one high profile and I would definitely recommend low profile on this spot. No more than 6" pilings. TRUSTEE KRUPSKI: CAC recommended approval. TRUSTEE SMITH: I'll make a motion to close the hearing. TRUSTEE KING: Second. ALL AYES TRUSTEE POLIWODA: I'll recommend approval with condition that no greater than 6" pilings be used for a low profile construction. TRUSTEE SMITH: Second. ALL AYES 16. MARY KIRSCH requests a Wetland Permit to construct a 1,716 s.f. octagon 2 story dwelling with wrap around deck and concrete foundation. Located: 9720 Main Bayview Road, Southold. SCTM #87-5-24 TRUSTEE KRUPSKI: Is there anyone here who wishes to speak in favor of the application. MARY KIRSCH: I'm here to speak on behalf of the project. TRUSTEE KRUPSKI: The only thing we'd like to see here is a line of haybales placed at 50' from the tidal wetlands here and no disturbance to the wetlands. You'd have about 40' away from the proposed deck to do work and show that on the survey. TRUSTEE SMITH: Move to close the hearing. TRUSTEE KING: Second. ALL AYES TRUSTEE SMITH: I'll move to approve the application with condition that the row of haybales be placed at 50' from the flagged wetlands on the south side and on the west side to put haybales on the property line adjacent to the wetlands during construction. TRUSTEE POLIWODA: Second. ALL AYES 17. MIKE ANERELLA requests a Wetland Permit to reconstruct the configuration of roof and reinforce a foundation under kitchen area of house. Located: 855 Pine Neck Road, Southold. SCTM ~70-5-33 TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor of the application? TRUSTEE SMITH: Motion to close the hearing. TRUSTEE POLIWODA: Second. ALL AYES TRUSTEE KRUPSKI: I'll make a motion that we approve the application with condition that haybales be placed at the top of the bank from the western property line all the way around to the eastern line and wrapping around and following that contour during construction, and to have the haybales drawn on the survey. TRUSTEE POLIWODA: Second. ALL AYES Board of Trustee~-~ 17 ~Uuly 21, 1999 18. JAMES & KAREN HOEG requests a Wetland Permit to construct a single family dwelling, sanitary system, concrete patio, pool and driveway with no off-site fill required and a 50' non-disturbed buffer area to align with neighbors on both sides, and a line of staked haybales or silt fencing shall be placed at a point 50' landward of the existing tidal wetlands line. Located: 350 Willis Creek Drive, Mattituck. SCTM ~115-17-17.10 TRUSTEE KRUPSKI: Is there anyone here who wishes to speak in favor of the application? TRUSTEE SMITH: Move to close the hearing. TRUSTEE KING: Second. ALL AYES TRUSTEE FOSTER: I'll make a motion to approve the wetland application with condition that drywells be placed for the pool. TRUSTEE POLIWODA: Second. ALL AYES 19. FRANK & ELIZABETH MURPHY requests a Wetland Permit to construct a single family dwelling with septic system and well. Located: 400 Ole July Lane, Mattituck. SCTM #114-12-13.1 TRUSTEE KRUPSKI: Is there anyone here who wishes to speak in favor of the application? MRS. MURPHY: (She spoke but she was so low I could not hear here) TRUSTEE KRUPSKI: We were uncertain when we were out there where the markers were. NEIGHBOR: What they've done with this survey map is not what they say. They've staked it parallel to Ole Jule Lane, 52' X 54' What this is showing is diagonal. It doesn't work if you put it on the diagonal. Your way closer than 50' TRUSTEE KRUPSKI: Closer to the pond or the road? NEIGHBOR: Closer to the pond. TRUSTEE FOSTER: It appeared to me that the house was staked on an angle in relation to the property. Because we commented on that. We didn't have this. We didn't have anything really. We roughly had 60' and they show 58' here. NEIGHBOR: My only other concern was, right at the corner, you know the iron driveway when you were ut there, the old I beams in the ground, under that is the driveway, he's at the mid point of that driveway, but if you use that same line coming up from those pileons, your 10' away from the Town lands. The Highway Dept. just installed that huge field of tanks. TRUSTEE FOSTER: Yes, remember I told you about there's a drainage field under there. NEIGHBOR: They had to backfill the tanks onto the Property in order to keep the tanks from being above ground. What's gonna happen to the water of that matched with the runoff when you clear this? That's a 6 foot drop off if you step off the back side of the back door of the tanks. TRUSTEE FOSTER: He might have a problem with the septic system where it's located because you have to be 50 feet from any drywells. The septic system will have to be 50' from any drywells. NEIGHBOR: It's barely 12' from the driveway which is the corner marker of the house. And no matter what those tanks are still above the level of the pond. This pond doesn't have natural Board of Trusteed~ 18 ~July 21, 1999 water source other than rain. That pond ..... you can go all summer long and it won't rise an inch. It really relies on runoff and rain. TRUSTEE KRUPSKI: I always thought that was ground water being so close to .... TRUSTEE FOSTER: The ground water table isn't very deep there. There's no test hole indicated on here. TRUSTEE KRUPSKI: Those road drains, they don't flow directly into the pond. They recharge and then go under ground. NEIGHBOR: They flow underground, I guess because of the altitude change between the ponds level and the base of these tanks. These are still much higher than this. So if you put a septic system off to the side here your gonna get trouble. It's gonna flush the septic tank into the pond. TRUSTEE KRUPSKI: Yes, but the septic tank is out of our jurisdiction. The Health Dept. regulates that. They do some exotic placement for retaining walls, and ..... NEIGHBOR: Oh, he can put in a septic tank, I don't have a problem with that. But just the way this house is ...... I know he wants to put it on the high spot. TRUSTEE KRUPSKI: Yes, he has it restrained to that corner there. There's no where else he can go. TRUSTEE FOSTER: Well this is a guaranteed survey so I would feel fairly confident ..... I work with these things all the time that this is probably more accurate, and I kind of agree with Henry that yom might be ..... they may have staked the building envelop as well as the house but when we were there I did notice that the house was at an angle because it says house corner. It appeared to me that it wasn't parallel to the property. Maybe we'd better take another look at it. TRUSTEE KRUPSKI: The way the house is place isn't as important as the impact it will have on the pond. That's why we would condition things, as we have been doing all evening. A buffer area, of about 40' from the pond, where there would be no disturbance during construction and landscaping of the pond. NEIGHBOR: I don't think you can do that. The nature of the land in that corner rises to this point. You try to put a foundation in here your gonna have to go very close to the pond in your excavation in backfilling. The foundation couldn't remain below ground. TRUSTEE FOSTER: I don;t even think that you do much excavating at all. NEIGHBOR: I think you will in one corner. TRUSTEE FOSTER: The change in elevation from the the front house area to the rear is pretty drastic. In this case I would think that you'd want to be up a little bit to get a view of the pond any way and stay above the water. It's probably gonna be a situation where most of the foundation is exposed where there's very little minor excavation. TRUSTEE KRUPSKI: That's why we would condition 40' from here and he put on the survey no disturbance. He couldn't do anything in that area to protect the pond. I'll make a motion we table the application until we get a final grading plan and cross section and show a 40' no clear buffer from the pond. Board of Trustee~~J 19 ~uly 21, 1999 TRUSTEE FOSTER: Second. ALL AYES 20. CATHERINE & RICHARD HART requests a Wetland Permit to construct a 4' X 88' catwalk, a 32" X 20' ramp with a 5' X 5' "T" and a 6' X 40' float. Located: 1900 Westphalia Road, off of Sound Ave., Mattituck. SCTM #114-7-12.1 TRUSTEE KRUPSKI: Is there anyone here who would like to speak either for or against the application? MRS. HART: (Could not hear here) We need at least 3' of water under our boat. The dock to the south of us is what we would like our dock to look like. TRUSTEE KRUPSKI: We looked at this on field inspection in relation to both your neighbors. MRS. HART: The survey is kind of "busy". There is also a question as far as the catwalk, the width, from the CAC. They were out there the other day and it says 4' not 6' I just wrote it upside down. TRUSTEE KRUPSKI: We took some number there. Our concern was the size of the structure in relation to public property. We always try to minimize and try to accommodate the applicant as far as getting out to deep enough water without monopolizing public property. MRS. HART: You had mentioned the neighbors dock. We measured the catwalk to be approx. 15' feet. But that;s not county the dock (tape does not work anymore) TRUSTEE KRUPSKI: Moved to table the application until Trustee King does soundings, TRUSTEE FOSTER Seconded. ALL AYES V. RESOLUTIONS: 1. ALBERT PALUMBO requests a Grandfather Permit to repair existing stairs from bluff to beach. Located: 1095 Aquaview Ave., opposite LILCO pole ~10, East Marion. SCTM #21-2-14 TRUSTEE FOSTER moved to approve the application, TRUSTEE SMITH seconded. ALL AYES 2. Land Use on behalf of BENNETT KLEINMAN c/o CAL KLEINMAN requests a Grandfather Permit for an existing 4' X 20' catwalk, a 30" X 12' ramp and a 6' X 20' float. Located: 250 Bayview Ave., Southold. SCTM ~37-4-2 TRUSTEE SMITH moved to approve the application, TRUSTEE POLIWODA seconded. ALL AYES VI. MOORINGS: 1. JOHN CANAVAN requests a mooring in Goose Creek for a 17' outboard with a 100 lb. mushroom. ACCESS: Public TRUSTEE POLIWODA moved to approve the application with condition that the tackle be put in the first week of April and removed the first week of October, TRUSTEE FOSTER seconded. ALL AYES 2. CATHERINE MC GOVERN requests a mooring in Goose Creek for a 14-20' boat with a 100 lb. mushroom. ACCESS: Private Board of Trustees~ 20 <~uly 21, 1999 TRUSTEE POLIWODA moved to approve the application with condition that the tackle be put in the first week of April and removed the first week of October, TRUSTEE SMITH seconded. ALL AYES 3. THOMAS CARNEY requests a mooring in Goose Creek for a 20' outboard with a 100 lb. mushroom. ACCESS: Public TRUSTEE POLIWODA moved to approve the application with condition that the tackle be put in the first week of April and removed the first week of October, TRUSTEE FOSTER seconded. ALL AYES 4. MARK OSMER requests a mooring in Goose Creek for a 13' outboard with a 50-100 lb. mushroom. ACCESS: Public TRUSTEE !POLIWODA moved to approve the application with condition that the tackle be put in the first week of April and removed the first week of October, TRUSTEE FOSTER seconded. ALL AYES 5. JAN JUNGBLUT requests an onshore/offshore mooring in Jockey Creek for a 25' outboard with a 100 lb. mushroom. ACCESS: Private TRUSTEE KRUPSKI moved to approve the application subject to applicant purchasing a boat and have Trustee Smith or Poliwoda review application, TRUSTEE POLIWODA seconded. ALL AYES Meeting Adjourned At: 9:50 p.mo Respectfully~ Submitted By: DIANE J. HERBERT, Clerk RECEIVED AND FILED BY TPiE SOUTii(PLD TOiYN CL '~K DATE ~;~/0 ' F~ HOUR ~.'~/~-~r Town Clerk, Tcwu o~