Loading...
HomeMy WebLinkAboutTR-05/26/1999 Town Hall Albert J. Krupski, President 53095 Main Road James King, Vice-President P.O. Box 1179 Henry Smith Southold, New York 11971 Artie Fester Ken Poliwoda Telephone (516) 765-18~2 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MINUTES MAY 26, 1999 PRESENT WERE: Albert J. Krupski, Jr., President Jim King, Vice-President Artie Foster, Trustee Henry Smith, Trustee Ken Poliwoda, Trustee Diane Herbert, Clerk CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT FIELD INSPECTION: Wednesday, June 16, 1999 at 12 noon TRUSTEE FOSTER moved to approve, TRUSTEE SMITH seconded. ALL AYES NEXT TRUSTEE MEETING: Wednesday, June 23, 1999 at 7:00 p.m. WORKSESSION: 6:00 p.m. TRUSTEE FOSTER moved to approve, TRUSTEE SMITH seconded. ALL AYES APPROVE MINUTES: Approved Minutes of April 21, 1999 Regular Meeting. TRUSTEE FOSTER moved to approve, TRUSTEE POLIWODA seconded. ALL AYES I. MONTHLY REPORT: The Trustees monthly report for April 1999: A check for $7,252.42 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/CHANGES/WAIVERS: 1. Proper-T Services on behalf of WILLIAM FELIX requests an Amendment to Permit ~552 to construct a 4' X 16' addition to an existing walkway, which will result in a walkway 4' X 52'. Dock also includes an existing 3' X 10' rampand an existing 8' X 24' float, and relocate two 2-pile dolphins 16' seaward to secure Board of Trustee~~ 2 -- May 26, 1999 float in new location. Located: 760 Oak Street, Cutchogue. SCTM #136-1-39 TRUSTEE KING moved to approve with condition that only a 10' addition to walkway be constructed, TRUSTEE SMITH seconded. ALL AYES 2. SALVATORE CONRARDY requests an Amendment to Permit #313 to put a new 6' X 12' float with a 4' X 14' ramp 20' away from old ramp and float, parallel. Located: 1380 Jockey Creek Drive, Southold. SCTM #70-5-16 TRUSTEE POLIWODA moved to approve subject to receiving a new drawings, updated survey and soundings, TRUSTEE SMITH seconded. ALL AYES 3. En-Consultants Inc., on behalf of HERBERT JACOBS requests an Amendment to Permit ~4970 to construct timber access stairs down to beach as follows: 4' wide set of stairs and platforms, 97' in length overall. Located: 605 Soundview Ave., Mattituck. SCTM #94-1-4 TRUSTEE FOSTER moved to approve with condition that applicant replant the bluff area following stair construction, as per new drawings submitted at meeting dated 5/26/99. Located: 605 Soundview Ave., Mattituck. SCTM #94-1-4 4. En-Consultants Inc., on behalf of DAVID & ANN CORIERI requests a Transfer of Permit ~4969 from Nicholas & Patricia LaConti to Corieri and Amend that permit to allow the construction of 2- 10' returns to the primary bulkhead. The returns will be located inside the western and eastern property lines and will terminate at the seaward face of the landward retaining wall and the elevations of the returns will be equal to grade level and that of the primary bulkhead. Located: 412 Park Ave., Mattituck. SCTM #123-7-9.2 TRUSTEE SMITH moved to approve, TRUSTEE SMITH seconded. ALL AYES 5. JEFFREY GREEN requests a Waiver to repair and enlarge existing deck and add a hot tub. Located: 490 Williamsburg Drive, Southold. SCTM #78-5-10 TRUSTEE KRUPSKI moved to postpone this application until the June meeting, TRUSTEE SMITH seconded. ALL AYES 6. MICHAEL COLAVITO requests an Amendment to Permit ~4971 to construct a 12' X 14' addition to eastern side of house that was inadvertently left off the last meeting agenda. Located: 6150 Main Bayview Road, Southold. SCTM ~78-4-44.2 TRUSTEE KRUPSKI moved to approve the application, TRUSTEE SMITH seconded. ALL AYES 7. LESTER EISENBERG requests a one year extension to Permit #4730 to construct a 4' X 30' fixed dock, a 3' X 12' ramp and a 6' X 20' float 15' off property line. Located: 925 Long Creek Drive, $outhold. SCTM #55-3-27 TRUSTEE KRUPSKI moved to table the application until June field i~spection, TRUSTEE SMITH seconded. ALL AYES Board of TrusteeS- 3 ~' May 26, 1999 8. ANTONIO PIRAINO requests an Extension to Permit 94757 to construct a two story single family dwelling with provision that haybales be placed during construction, a pervious driveway constructed with no directing of runoff over this driveway, and a drywells placed. Located: 3637 Cox Neck Road, Mattituck. SCTM 9113-3-2o3 TRUSTEE KRUPSKI moved to approve the application, TRUSTEE SMITH seconded. ALL AYES TRUSTEE SMITH moved to go off the regular meeting and go onto the Public Hearings, TRUSTEE POLIWODA 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 SOUTHOLD. I HAVE AN AFFIDAVIT OF PUBLICATION FROM THE SUFFOLK TIMES REVIEW. 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 1. Costello Marine on behalf of NANCY WALZOG requests a Wetland Permit to reconstruct the 4' X 20' ramp from the top of the existing bulkhead continuing to AMLLW with a 4' X 35' fixed dock, then extending 45' with a seasonal (removable) fixed 4' wide dock, then a 3' X 16' aluminum ramp to a 6' X 20' float secured by three 2 pile dolphins that will also be removable seasonally. Located: 12832 Main Road, East Marion. SCTM ~31-14-15 TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor or against the application? JOHN COSTELLO: I represent the applicant, and if the Board has any questions I will be happy to answer them. TRUSTEE KRUPSKI: What is low, low water? JOHN: Tides in'Southold Town average 2.5' It also goes to 3' with the movement of the sun and certain conditions~And it also goes to 2' and that's where you get the average of 2.5' Low, low water is determined when it's in the stage of 3' when the water is a little further out. I'm sure you've been to the site under moon conditions and the low low water mark as indicated by the buoys and the staking, the tide has been out passed that. I had a buoy marked at low, low water. Approx. 8' further out, horizontally than the low water. There's no vegetation. There's certainly no shellfish at that point, maybe further off shore. TRUSTEE KRUPSKI: I had not seen that term before. Are there any other comment? JOHN: There was a Grandfather Permit issued for some of the structures there that has a 5 foot stairway, then it has a 14 1/2' × 5' deck that is one foot or 1.5' above the beach level. This is intended to elevate that so it's off the beach. There are also pilings with caps on it extending another 26 feet out. Board of Trustee~~ 4 ~-~ May 26, 1999 They did have some sort of a dock there at one time and they decked it off and took it in. The top deck. What I'm proposing to do is have from the low, low water mark off shore removable each year. This is typically a location where it may be more feasible going for a seasonal dock because there's a bulkhead. You take and store the material immediately on the in-shore end with the proposed structure. The bulkhead was Grandfathered. there are a couple of jetties. That beach does not vary a heck of a lot because of the jetties do contain the beach. TRUSTEE KRUPSKI: What about beach access on either side. If the structure is elevated can we get stairs on either side to provide access? JOHN: Certainly. There is no intention to step over the jetties, but they are on to 18 inches aground (could not hear him) TRUSTEE KRUPSKI: Right now people can walk around and walk through it. JOHN: That's a good point. The only Town that requires access along the fore shore is Shelter Island. TRUSTEE POLIWODA: I feel that this dock and application would be a mistake whether large or small because the sea breeze is out of the southwest every afternoon regardless if there is dock work as recommended now as a seasonal dock and smaller nature. It would still be unusable by a boat to put a float out there. There's an average of a 4 foot wave crashing into that shore line every afternoon. I couldn't see any size boat mooring against the smaller dock there and again there are eel grass beds. There are scallops out there and clams. Your speaking of removing this structure every ..... putting it in and then removing it. Two operations a year. It's expensive and it's damaging. I see no reason to approve this application. TRUSTEE KRUPSKI: You don't have a date on here for the proposed removal and replacement? JOHN: They live here in the summertime. TRUSTEE KRUPSKI: I was going to say, I want to see what the applicants needs are. JOHN: It's not a community dock, it's for their own private use and what they want to do is enjoy the summer use. They are willing to go through the expense of going through the removing process. It's going to be light. Because nobody is going through the expense of putting a 30' piling in there. Normally, in that location, with weather conditions, the average isn't 4 foot. In the summer time you can get a good southwest breeze. I have a marina in Shelter Island that faces southwest. I've seen it occasionally damaged. But nobody wants it damaged. They don't intend to have anyone hurt. They have an off shore mooring and are going to use a dinghy and a sailfish which you may have seen up on the lawn. TRUSTEE KING: Are you gonna put it back the 1st of June? JOHN: I think Memorial Day. That seems to be when most people do it. TRUSTEE POLIWODA: I'd like to reiterate that this a a dangerous and the structure Will set a precedent for that entire area. It is the first at this site and I'm sure you'll see .... Board of Trustee~r~ 5 ~f May 26, 1999 JOHN: There's another 20 more. TRUSTEE KRUPSKI: I think, Kenny, I think the purpose of the seasonal also is that if it is unusable, then they will not bother to put it in. Everything they put out there get's beat up. TRUSTEE POLIWODA: Everyone is entitled to a mooring off shore and will use just for landing purpose if possible. But it is setting a precedent for another 20 or so to be built in the future. TRUSTEE KRUPSKI: It is. JOHN: It is not setting a precedent. There's a dock just east of this. There's docks along there. The precedent is not set. That's why I made this application, these people ...... the precedent will be set by removing the riparian rights by some degree ..... and we're not asking a lot, we've minimized this to the minimum 2 1/2' of water. A seasonal dock, going to that expense. What else do you want. Denials. that's precedent setting. I went through this scenario and I don't know why I should go through again, and again and again. But I've clammed on that area. Nobody clams on the in shore area. Off shore of that there's clam rake marks everywhere. TRUSTEE POLIWODA: In the past for about a year and a half now, I've given plenty of approvals in environmentally sensitive areas which ...... JOHN: Nobody's more environmentally concerned than I. I respect your opinion. TRUSTEE KRUPSKI: What do you think Henry? TRUSTEE SMITH: I think it's such a small area it's insignificant. TRUSTEE KRUPSKI: What do you think Artie? TRUSTEE FOSTER: I don't have a problem with it. They're gonna take it out and maybe not even put it in again. Maybe mother nature will take it out before the time comes. You have to give them a shot at it. TRUSTEE KRUPSKI: Is there any other comment? TRUSTEE SMITH: Motion to close the hearing. TRUSTEE KING: Second. ALL AYES TRUSTEE KRUPSKI: I'll make a motion to approve the seasonal dock submitted with new plans with condition that it be removed by October 1st and can be put in by Memorial Day next year and a set of stairs be construction on either side going east or west at 4' wide to accommodate beach traffic and that the stairs be placed above mean high water. JOHN: So, it's just making it slightly smaller than 4' to conform to the size of the dock. You don't need a 4' wide stairway. You should have a handrail on one side and right at the high water mark. TRUSTEE KRUPSKI: If we say above mean high water than you have that when you build it, it gives you a little room to work with. 3' wide stairway on either side above mean high water. TRUSTEE KING: Second. 2. En-Consultants Inc., on behalf of THOMAS & PATRICIA NADHERNY requests a Wetland Permit to construct a 4' X 92' fixed timber Board of Trustee~- 6 ~J May 26, 1999 catwalk with a 4' X 6' timber deck at landward end and a ladder on the seaward end. Located: 1085 Pine Neck Road, Southold. SCTM #70-5-34 & 35 TRUSTEE KRUPSKI: Is there anyone here who would like to speak on behalf of the application or against? ROB HERRMANN: Some of the Board will recall we had a fairly protracted discussion about this application at last months hearing. To refresh memories and for the benefit of the Board members who were not here I will rehash this in a nutshell. The application is for a catwalk is a bit unusual to the extent that it is a proposed dock for the purpose of mooring a very small shallow draft outboard. But there is no ramp or float assembly associated with the catwalk. The purpose of the design was in response to objections we have received during the passed several months specifically from the NYSDEC regarding shallow water docks. As this Board is acutely aware, by the local Boards in Shelter Island and Southampton, despite the local efforts to keep docks short and in shallow water the DEC is insisting that docks be located in deep water, which most of the east end would require a much longer dock. What the DEC has done, is, we have gotten probably close to a dozen denials for docks and floats in less than 2 feet of water. Particularly very shallow water areas. They have approved as an alternative, fixed catwalks only, so that there is no float resting on the bottom at low tide and to discourage the mooring of a boat that would be too large for an area by disallowing a float. At least one or two of the Board members here last imonth objected to the extent of the catwalk. To which I pointed out that there are other various docks in this area all of which have ramps floats to extend approx, the same distance into the creek, and had reiterated the purpose of this being in order to obtain an approval from the DEC, we have since obtained such approval since this Board's last hearing to construct a catwalk that is before this Board. We have also received a permit from the ACE. So this Board is the last permit we are seeking. I will read you the special conditions. Number 8 of the DEC permit just to reinforce my comments. It states no float or ramp is authorized by this permit, nor shall the issuance of this permit be construed to suggest that the department would issue such activities in the future. These are fairIy new types of special conditions we are seeing with DEC permits. And this goes along with the new policies and attitude that I've just described. I don't know if the Board had a chance to look at this as a full Board and welcome any comments~ Mr. Nadherny is here if the Board has any questions. TRUSTEE KRUPSKI: Is there any other comment? TRUSTEE SMITH: How far out does this go out from the edge of the marsh? ROB: It extends out 28' from the edge of the marsh/low water which is pretty close. TRUSTEE KRUPSKI: I think a lot of this goes back to a lot of recent applications, about the size, length, width and height of structures. We've been trying to encourage applicants on long catwalks to go to lower, narrower structure. Especially where Board of Trustee~~ 7 .... May 26, 1999 this is not going to have a ramp and float at the end of it. To try to minimize the impact. TRUSTEE SMITH: Four foot over the marsh ...... you can't really go much narrower than that. ROB: For the area that's over the marsh has to be 3 1/2 to 4 feet depending on which agency your asking the 6 inches. The design of it is to keep it as low as possible to the bay bottom. The rule of thumb is ..... the Southampton Trustees have come up with a max. of 20" above high water. Because they were having a problem too, because the dock builders were doing things 3 and 4 feet above high water. I don't have it shown on the plans, there would be no problem with the applicant accommodating that type of request here. If you scale it off a cross section I do show approx. 20" above high water. Just using that rule of thumb. The DEC seems to like that too. Some of the contractors has balked at the idea because you have to some of this ramping and sloping because you have to be so high here and so low here. but that's an accommodation. Most of the contractors we've worked with have been able to make it pretty successful. It's just a matter of adding some sort of incline to the ramp. You can see the cross section there are certainly some sort of incline. TRUSTEE KRUPSKI: Of course. In this case especially. You have a 10 foot (could not hear him). ROB: Aside from down the bank, even if you go out you can see I cut it and the angles. I'm sure whoever the dock builder will be would be willing to meet with someone from Board. I know this Board doesn't do this routinely but in a particular instance it might be helpful. TRUSTEE KRUPSKI: We've tried. What do you think Kenny? TRUSTEE POLIWODA: I gave all my comments last month on it so you know how I feel about it. I feel it shouldn't go out as far as it is. TRUSTEE KRUPSKI: What do you think is a reasonable length? TRUSTEE POLIWODA: The neighbors in that area it's under ten feet out beyond the marsh. Asking to cut maybe 18' off that dock. Also no greater than 6" pilings. ROB: This is the closest dock. I don't have the scale on it but I find it hard to say that's 8' TRUSTEE KRUPSKI: The thick section. ROB: We have a different opinion on that. I mean, a dock is a dock. A structure is a structure. I would assume that a 4' elevated structure would be preferable to this Board than a 6' X 20' float that completely covers ...... that is a routine objection of yours .... is the width of the floats and the coverage of the bottom. We're offering a preferable alternative to that. I would be surprised if you would object to that too. TRUSTEE POLIWODA: I ask, if the Board approves this that there be no larger than 6" pilings, just to keep it small and at a minimum. ROB: That's fine. TRUSTEE KRUPSKI: We're trying to go for a low profile, less intrusive structure. Board of Trustee~~ 8 '~ May 26, 1999 ROB: As all the local Boards. That's become a standard spec and the contractors and some of the builders that I've spoken to agree with the 6" pilings are readily available. This is not the only Board that is asking for that. The Southampton Trustees approve a max. of 6" pilings on docks. Not in the open Bay but in the Creeks. TRUSTEE Foster: They show a typical 4" X 6" construction. TRUSTEE KING: Has anyone asked about the spacing in planking OVER THE DECK? ROB: I've heard it mentioned, but no one has every really followed through with an actual number. TRUSTEE KING: If you had 3/4" between every plank, that would make quite a bit of light down there. TRUSTEE POLIWODA: I'd like to see that after it's completed. TRUSTEE SMITH: I'll make a motion to close the hearing. TRUSTEE KING: Second. ALL AYES TRUSTEE KRUPSKI: I'll make a motion we approve the application with condition that the pilings be no larger than 6" and 3/4" spacing between the deck planks. That includes the ladder at the seward end. TRUSTEE KING: Second. ALL AYES 3. En-Consultants Inc., on behalf of CHRISTINE HUNT requests a Wetland Permit to replace (within 18") 108' of existing timber bulkhead. Located: 5700 Vanston Road, Cutchogue. SCTM #111-10-13.1 TRUSTEE KRUPSKI: Is there anyone here who would like to speak either for or against the application? ROB: To be brief on this one, I know A1 is quite familiar with the project. To the Board's benefit, this bulkhead is adjacent to Kashau which was approved two months ago. The concept here is when the contractor comes and replaces the bulkhead (shuffling of papers, could not hear) ..... bulkhead is one continuous piece. It's older, it's separate from the newer portion of the Hunt property and is intergraded with the Kashau bulkhead. The idea is to expedite this and get this in front of the Board because it seems it would help everybody because it's all bulkhead replace in one shot. I have two plans and the notice that went out as you can see in your agenda, was for the entire length of the bulkhead, but I think for this Board's purpose probably the two sections of bulkhead that are part of Kashau bulkhead, I think is what A1 had mentioned we thought should be reviewed in front of this Board. Am I speaking to your feelings accurately, Al? TRUSTEE KRUPSKI: I missed you on that. Could you please repeat that? ROB: (He repeated his plan). TRUSTEE KRUPSKI: I wasn't quite sure on the return. ROB: Once you move north of the return then you get into the newer bulkhead. It will need eventually. But it's not really part of the situation that all of us are trying to expedite. TRUSTEE KRUPSKI: Right. I was out there today and looked at it again. Any other comment? TRUSTEE SMITH: Notion to close the hearing. Board of Trustee~-~ 9 -' May 26, 1999 TRUSTEE POLIWODA: Second. ALL AYES TRUSTEE KRUPSKI: I'll make a motion to approve the application for the 36' section with a 10' return to replace 18" in front. Does that include re-planting? ROB: It doesn't now, but we can certainly add it. TRUSTEE KRUPSKI: We'll just add it. Approve the application with a condition that it be re-planted with American Beach Grass behind it. TRUSTEE KING: Second. ALL AYES 4. En-Consultants Inc., on behalf of THOMAS SAMUELS requests a Wetland Permit to dredge a 34+/-' X 61' area within existing bulkheaded boat slip on Haywaters Cove to max. depth of -4' at ALW, and approx. 120 c.y. of spoil to be trucked off site to an approved upland location. Located: 155 Fisherman's Beach Road, Cutchogue. SCTM ~111-1-8.2 TRUSTEE KRUPSKI: Is there anyone here who would like to speak either for or against the application? ROB: This is a maintenance dredge request. We have received the DEC's permit. I would note that the DEC has allowed a window for the maintenance dredging up to June 1st. So if the Board would be able to move toward an approval tonight we could get it done this year. TRUSTEE SMITH: This is a boat slip he has there, right? ROB: Yes. TRUSTEE FOSTER: By June lst? ROB: Yes. TRUSTEE KRUPSKI: It's pretty straight forward. It's a dredge cut in basin. ROB: Yes, and it has been dredged in the passed with permits. TRUSTEE SMITH: I'll make a motion that we close {he hearing. TRUSTEE POLIWODA: Second. ALL AYES TRUSTEE FOSTER: I'll make a motion we approve the application. TRUSTEE SMITH: Second. ALL AYES 5. En-Consultants Inc., on behalf of ERIC & MARIE MUNTNER requests a Wetland Permit to construct a 4' X 25' catwalk, a 3' X 14' ramp and a 6' X 20' float secured with two 8" in diameter pilings. Located: 4210 Ole Jule Lane, Mattituck. SCTM ~122-4-28 TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor or against the application: ROB: The Board had received originally a proposal showing a "T" shaped dock and they received a letter from Mr. Harold Wilsberg the adjacent neighbor in which we were copied on. There have been two revisions then. The first was submitted to the Board. We had a mistake on the width of James Creek which was not a convenient mistake but an honest one. We had scaled it off to an inch to 3,000 map and came up with about 100 or so feet more than What's there. So it was quite helpful that we received the letter from Mr. Wilsberg before appearing before the Board. We went out and measured the creek by kayak at low tide and there was approx. 120' at low tide. Then of course during the Board's on site inspection I met with all of you there and we did discuss the fact that with the boat extending off the end of the Board of Trustee~~ 10 ~' May 26, 1999 "T" that the entire dock structure with the boat would extend more than one third into the creek. I think it was our mutual feeling that if we put the float into an "I" formation with a condition of the dock approval being that the seaward terminus of the float be the max. berth area. In other words the end of the boat would not be able to extend out any further that that float. That that would be a workable plan and that is the plan I just put before the Board now. The Muntner's were agreeable to that suggestion. The result was that the catwalk has been cut back from 25' long to 15' long. So the seward terminus of the catwalk now is about at low water. That is about as tight as we can get it. Again, without reinventing the wheel and the whole DEC conversation, we have gotten the DEC permit for this dock because there is 4' of water at the terminus of the float. If we turn the float in the direction that the Board is now looking so long as the boat is moored bow in, the latter half of the boat including the stern which would be the significant part would still be in 3 to 5 feet of water. The bow would be in shallow water but the bow is not gonna drop more than a few inches let alone a foot. So the proposal we discussed in the field would definitely accommodate the Muntner's and each of the policies that we've discussed and would be consistent with the DEC permit and that the over all length of the dock would still be the same with the seward dock appearing in 4 more feet of water. You had asked that we check on the water depths across the channel at low tide~ If you look at my cover letter it was about 35 or 40' off the opposite shore and was about 5' deep in water. There's a min. of about 40 or 45' to the middle of the channel. That's 5'+. This is obviously a dredge channel at some point. So it would seem that at least a third of the width of the creek is more than navigable for any boat that would reasonably be inside there. At low tide. At high tide there is no discussion. TRUSTEE KRUPSKI: I think our only concern here is navigability. I just want to voice my concern about that and that if it becomes a problem ...... it didn't look like a problem in the field, but if it becomes a problem we'll have to revisit it and make it known in the minutes that it's a concern that might have to be maybe next year adjusted. Maybe he does have to bring it in ten feet and turn it.{ ROB: That's why I had put on my plan to revise it. I did have the line off the seaward terminus of the float that says 'seaward limit of berth area'. That's not a normal thing you put on a plan but it was an indirect response to that. So there's at least something on record because the whole point of this proposal, as I understood it from you all, was to keep the boat and the dock at a max. distance. The only way to note that was for me to make that notation in the plan. TRUSTEE KRUPSKI: If we turned it and you put the boat on the outside it would be the same distance. ROB: Yes, you'd have to pull the catwalk pretty much in the marsh to get the "T" to work. TRUSTEE KRUPSKI: Is there any other comment on this application? TRUSTEE SMITH: I'll make a motion to close the public hearing. Board of Trustee~~ 11 May 26, 1999 TRUSTEE KING: Second. ALL AYES TRUSTEE POLIWODA: I'll make a motion to approve the application for a 4' X 15' catwalk, as indicated in new plans with condition that the boat has to not be no further out that the length of the dock. TRUSTEE FOSTER: Second. ALL AYES 6. JON C. KERBS requests a Wetland Permit to remove an existing concrete patio (480 s.f.) and replace with porch and decks )total 483 s.f.) raise house on existing foundation, add 2nd story and lower concrete floor in basement. Located: 430 Riley Ave., Mattituck. SCTM ~143-4-9 TRUSTEE KRUPSKI: Is there anyone here who wishes to speak either in favor or against this application? JON KERBS: I'm here to answer any of your questions. I also have an Amended description to include if I can to put a fence on the side of the property. TRUSTEE KRUPSKI: Do you have a drawing? JON: Just what I have on the west and east property line. TRUSTEE KRUPSKI: What kind of fence? JON: I don't know yet. If you have any suggestions ...... TRUSTEE KRUPSKI: Split rail. JON: I wasn't thinking split rail. I was thinking more for privacy, but if that's a problem, I'm open for suggestions. TRUSTEE KRUPSKI: Split rail. We would have to look at it. We try to avoid a solid fence near the marsh or beach area. JON: Can I keep it away from the wetland. TRUSTEE KRUPSKI: Why don't you write that down on the survey and plans now. Just draw it in and write it in. I think we'll make you put down haybales during construction too. Any other comment? TRUSTEE SMITH: I'll make a motion we close the hearing. TRUSTEE KING: Second. ALL AYES TRUSTEE KRUPSKI: I'll make a motion we approve the application with addition & improvements on patio, raise house and also with amendment to application for fence on either property line 30' from the wetland, split rail and above that a solid fence, and haybales during construction. TRUSTEE FOSTER: Second. AL AYES '7. Bruce Anderson on behalf of ROBERT KELLER requests a Wetland Permit to construct a 480+ s.f. deck with attached stairs and to re-vegetate 330+ s.s. of shoreline in native wetland shrubs. Located: 380 Knoll Circle, East Marion. SCTM #37-5-11 BRUCE ANDERSON: I know you looked at this at the last hearing but it is a deck that goes to the distant house and over lawn area and the property is bulkheaded and I see no possible impact to the wetlands. There is no marsh below the bulkhead but there is a small area between over a roughly 40' section through property. We had proposed to put some additional plantings in there to provide the area with somewhat (could not hear him) ..... Almost all of the surrounding properties are undersized, and all the houses are right up against the the water. Nowadays you would do it completely different, but the Board of Trustee~ 12 ~' May 26, 1999 situation you have to deal with ..... my understanding in talking with the Keller's is (could not hear him) .... TRUSTEE KRUPSKI: Any other comment? We looked at this at last field inspection and I don't think the Board had any problem with the deck. The replanting I think we had a problem with. The area should just be ...... there was debris dumped there. Just clean the debris out. It seemed to be a pretty healthy marsh there, so just let it grow. BRUCE: Fine. TRUSTEE SMITH: I'll move to close the hearing. TRUSTEE POLIWODA: Second. ALL AYES TRUSTEE KRUPSKI: I'll make a motion to approve the application to construct the 480+ deck with stairs but not to re-vegetate the shore line but rather to clean up debris out of the wetland area. TRUSTEE KING: Second. ALL AYES 8. Bruce Anderson on behalf of ROBERT P. DALY requests a Wetland Permit to construct a single family dwelling,with garage & septic system. Located: 5765 Bay Avenue, Cutchogue. SCTM #138-2-11 TRUSTEE KRUPSKI: I'm gonna excuse myself from this due to conflict of interest. BRUCE: What we have here is property that on the other side of Baldwins Creek is Mudd Creek and wetlands on the other side of the road. There is this lot that is vegetated and they want to build there. Your jurisdiction is 75' regardless of whether or not a road is between there. In case the DEC objects is what we have to do here is some clearing and has to be some filling. The filling is very minor, about 5 1/2 c.y. that is required from the edge of the leaching pool down to existing grade. So the application is for clearing this area and depositing of the fill for the septic system properly elevated above the ground water and in this case about 3' The reason is that later on ..... the Building Dept. is getting very picky about some things, so we don't want any problems in the future. TRUSTEE KING: I don't think we need to go through the whole procedure. BRUCE: Well I prepared the application & paid the fee, so .... TRUSTEE FOSTER: There's no problem with this. I don't see this to be jurisdictional at all. BRUCE: Well one of the problems is the Health Dept. and going through the Board of Review. I can never complete my application unless I have a permit from you that says, "I don't need a permit for this" TRUSTEE FOSTER: Just give him a letter. CLERK: I did that. A letter of non-jurisdiction. BRUCE: The letter referred to the house. And it's really the fill that's the concern, for the septic. TRUSTEE KING: He already filed for a wetland application and paid for it? CLERK: Yes. TRUSTEE KING: Would you feel more comfortable with a permit to put the fill there? Board of Trustee~ 13 ..... May 26, 1999 BRUCE: Yes. TRUSTEE SMITH: I'll move to close the hearing. TRUSTEE POLIWODA: Second. ALL AYES TRUSTEE KING: O.K. I'll move to approve the permit for the fill for the septic system. TRUSTEE FOSTER: Second. ALL AYES 9. Garrett Strang on behalf of PORT OF EGYPT requests a Wetland Permit to construct a 40' X 250' building for indoor boat storage. Located: north side of Route 25, Southoldo SCTM #56-4-11 & 13 TRUSTEE KRUPSKI: Is there anyone here who would like to speak on behalf of the application? GARRETT STRANG: This Board has seen the site and familiarized itself with it. We have a piece of property that presently can be used for boat storage and be able to house the boats inside. This is strictly for seasonal type of boats, in the fall and out in the spring. The property is adjacent to tidal wetlands to the east which has been noted by the surveyor and the DEC has recently flagged, and I think there is a letter in the file from the DEC, has flagged the fresh water wetlands on Sound Ave., and 40' north of the property line at the toe of the railroad tracks. Essentially is what we have is the building which is supposed to be 10' south of the northern property line. It will be 50' from freshwater wetlands and we are proposing to be 75' from the tidal wetlands to the east. At the present time we are waiting for the surveyor to upgrade his map for the freshwater delineation. TRUSTEE KRUPSKI: I have a question. It concerns the drainage and runoff from the back of the building. It's a pretty good size barn. Most of it's pitched towards the back which I think is the place for it, but the back of the building has a 10' of natural vegetation area. Is there anyway we could get good filtration back there, maybe dig down to sand and fill it in with a french drain or something so we get all that water to go down and recharging right back into the ground there? TRUSTEE SMITH: It's all included in there. GARRETT: Based on what I've been told there is once you passed the fill your in a clay bed so naturally right now the runoff just runs off to the north and then filters out however probably to the railroad tracks and closer to the wetlands. TRUSTEE SMITH: I'll make a motion to close the hearing. TRUSTEE POLIWODA: What does the CAC have to say? TRUSTEE KRUPSKI: They approved it. All Ayes. TRUSTEE POLIWODA: I'll make a motion we approve the application. TRUSTEE SMITH: Second. ALL AYES 10. Samuels & Steelman on behalf of SUSAN & PHILIP BACON requests a Wetland Permit to construct a set of beach stairs. Located: 3335 Nassau Point Road, Cutchogue. SCTM ~ii1-10-13.1 TRUSTEE KRUPSKI: Is there anyone here who would like to speak either in favor or against the application. The description should include some landscaping and regrading at the top of the bank and some stabilization of the bank itself. Maybe you can Board of Trusteed~ 14 ~'J' May 26, 1999 give us the description in writing while we look at this. I met with anyone who had an interest in this and this is what was discussed. The bank is slightly undercut. It will not give way tomorrow but they felt they wanted to stabilize it. The 25' of existing woodland is there and they are gonna regrade the side yard to accommodate all this. So the run off doesn't come down the right of way and stay on the property. It seemed like a good plan. What we'll do is recess this until you actually write this up. I'll make a motion we recess the hearing. 11. Catherine Mesiano on behalf of SALVATORE PALACINO requests a Wetland Permit to construct a single family dwelling with deck. Located: 790 Oak Street, south of Pierce Drive, Cutchogue. SCTM 9136-1-38 TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor of the application? CATHERINE MESIANO: We have the DEC approval and are in the process of getting the Health Dept. approval. TRUSTEE KRUPSKI: We went out there in March and requested the house be moved back, which it was, in be in line with the neighbors. You have a major lawn at the top of the bluff. I think there's gonna be a problem. I think they should have a little more of a buffer there between the top of the bluff ..... our concern is the stabilization of the bank. If you get a lot of runoff coming off that it could wash it out. One thing we're gonna condition is drywells and gutters on the house. 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 with the condition that there be a non-turf area passed the seaward line of haybales that will be placed during construction and that there be gutters and drywells to contain roof runoff. TRUSTEE SMITH: Second. ALL AYES 12. Araiys Design on behalf of DAVID WEILD requests a Wetland Permit to construct a 39' X 21' swim pool, a 10' in diameter spa with a decorative waterfall attached to pool, and a patio around pool with landscaping. Located: 10450 New Suffolk Ave., Cutchogue. SCTM #116-6-5 TRUSTEE KRUPSKI: This application will be postponed until further notice. 13. Land Use on'behalf of WESTBURY PROPERTIES requests a Wetland Permit to construct a single family dwelling with attached garage, deck, and sanitary system. Located: 1900 Pipes Neck Road, Southold. SCTM ~53-3-2 TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor of the application? DAN HALL: I represent the applicant and we propose a 50' buffer around that house and if the Board has any questions, we will be happy to answer them. TRUSTEE KRUPSKI: We were out there a couple of times. Does anyone have any questions. Board of Trustee~'~ 15 .... May 26, 1999 NEIGHBOR: I own the property across the street from Westbury Properties. I took the original photos. That's my front yard. His property is approx, a 10.8 acre site is part of the meadow, right? TRUSTEE KRUPSKI: Yes. NEIGHBOR: Well 70% of it is under water in this picture. This water came up to where the grade level of the property where he wants to build the house is located right now. TRUSTEE KRUPSKI: We were out there a number of times. What is that? NEIGHBOR: That's the bridge that's at the end of the road. TRUSTEE KRUPSKI: The bridge would be here? NEIGHBOR: The bridge is floating. The tide came up so high that it ripped the bridge off the foundation. It floated all the way over to Comb Blvd. in the back of Fuch's backyard. There a lot of blue crabs out there and I'm concerned about the environmental impact. TRUSTEE KRUPSKI: This looks like a pretty health creek. NEIGHBOR: Real healthy. TRUSTEE KRUPSKI: We saw a very nice wetland in front of the property. Did you see where the house is staked? NEIGHBOR: Yes. I live right hear. From the corner of the house to the marsh itself is about 50' TRUSTEE KRUPSKI: Actually we measured it last week and we marked it at 78' NEIGHBOR: To where they have it flagged? Is that considered wetlands or high tide mark? TRUSTEE KRUPSKI: No, we consider that wetlands. NEIGHBOR: Because on a normal high tide average, a good high tide, a moon tide, all that across the street is full of water. The marsh is covered with water. This nor-easter we had tore that bridge off its foundation. If the tide comes up that high again, I don't know where the pool is gonna be staked because that's all loam that's across the street. I'd like to point out that it was all filled in by Westbury Properties in 1966. TRUSTEE KRUPSKI: It seems that way. NEIGHBOR: The whole west side at one point was all marsh. There's no houses on the west side of the road right now. TRUSTEE KRUPSKI: I think the cess pool system will be elevated 10' NEIGHBOR: What about the bank and the phragmites and the runoff? It's not gonna affect that? TRUSTEE KRUPSKI: They're gonna raise the grade for the cess pools. It will be right up against the road here. So it will be behind the house. Our jurisdiction is 75'. The reason they come before our Board even though it's staked 76', in the field we measured 78'. It's because it's pretty hard. They just can't build a house here and slide it into place. There's got to be some activity in our jurisdiction. NEIGHBOR: This site here is that zoned for one house or zoned more? TRUSTEE KRUPSKI: One house. NEIGHBOR: I grew up on Pipes Neck Road. I've crabbed and clammed out there. There's no house on the west side of the Board of Trustee~~ 16 .... · May 26, 1999 road. Westbury properties is less than 1/2 mile away over here on Coleman Blvd. has 12 house going up now. And the foundations they poured are weak. So he wants to build a house here, and we have 24 going up back here. Is it gonna break him if he doesn't put on there? TRUSTEE KRUPSKI: I don't know about that. We have to be consistent. NEIGHBOR: I'm just trying to voice my opinion. From growing up there my whole life I really don't want to see that whole area ...... it's such a nice area. TRUSTEE KRUPSKI: We assume this is one single lot. DAN: Yes, it is. NEIGHBOR: 10.8 acres which is 70% marsh. TRUSTEE KRUPSKI: Now normally on this we would impose on any new construction a 50' setback. Nothing would be touched within 50' of the marsh upland. None of the marsh would be touched. They would have to elevate the house high enough to get above the flood plain. So once they get up that high they should not have a problem seeing over it. NEIGHBOR: During that storm the water crested to the existing grade. TRUSTEE KRUPSKI: That's why the Health D~pt ...... do you have Health Dept. approval? DAN: We applied for it, but have not heard anything. TRUSTEE KRUPSKI: I think the Health Dept. is gonna force them to put the cesspools on a hill. TRUSTEE POLIWODA: I think on inspection to put in a stipulation that there would be no activity within that marsh. No catwalk or anything. NEIGHBOR: What about further plans to build more house on that lot. TRUSTEE KRUPSKI: It's not subdividable. And the applicant is adjacent to the beach. TRUSTEE FOSTER: There's such restraints on this in reference to getting a Building Permit because of setbacks and so forth, the rest of it is deemed un-buildable. There's a very small building envelop of this whole piece of property. TRUSTEE KRUPSKI: We met with somebody months ago on this. TRUSTEE FOSTER: We went on a pre-submission inspection. TRUSTEE KRUPSKI: We told them it's standard for wetlands setbacks is 50' and they can't touch anything from the wetland upland. NEIGHBOR: So this is where it's flagged right, from the edge of the phragmites and back to the corner? 78' you measured? TRUSTEE KRUPSKI: Right. (at this time the tape jammed and broke) NEIGHBOR: In January when we had that storm, I was at my back window the water was all the way up to the railroad tracks. The property was under water. TRUSTEE KRUPSKI: Our jurisdiction is 75' from the wetland line. Where it is flagged here on the survey we found to be pretty accurate in the field. NEIGHBOR: I'm not against anyone trying to make a living there. But what is going to happen is the environment and the ecology of that area is going to be destroyed. You people have Board of Trustee~~ 17 .... May 26, 1999 to make a decision as to how we want to live in an area that has been set aside and has been declared to be free from having this kind of thing from happening. We have a wetlands act that was passed by Congress in 1978 and yet we keep on building and building. The environment and animals and birds will be gone. TRUSTEE KRUPSKI: The Town Code that we act on, Chapter 97 Wetlands gives us jurisdiction of the wetlands, fresh and salt water and 75' upland. Beyond that we have no jurisdiction at all. We can only act in that area. NEIGHBOR: We can't allow this man ...... he owns ~this property. Who has the jurisdiction to protect this environment after you give approval for this building to go up? TRUSTEE KRUPSKI: The Health Dept., acts on the sanitary system, the DEC has jurisdiction up to the 10' contour which this property is in or 300' inland. They don't have jurisdiction here here. But under the Town Code, this Board only has jurisdiction within 75' of the wetlands. NEIGHBOR: As long as that's certified by an engineer on the plans that's it right? TRUSTEE KRUPSKI: We check that in the field, which we did. We were on the site twice. We verified that in the field, because sometimes we go out there and 75' if actually 57' That's why we use a tape and measure it. The septic system is out of our jurisdiction. And that's under the review of the Suffolk County Health Dept. Some of the things that we can do to minimize the impact to the wetlands is we can impose no turf within that 75' which means no lawn on the whole property. Beyond that of course it's out of our jurisdiction. There would be no lawn chemicals or fertilizer. The grade is higher on the marsh fringe than it is on the property itself. TRUSTEE FOSTER: Do any of you people live down there? Do your yards get flooded? NEIGHBORS: Yes. It's under wa~er. TRUSTEE FOSTER: And where is your septic system? Where are they, under water when it floods? NEIGHBORS: Yes. TRUSTEE KRUPSKI: See, we'd like to get everyone's septic system upgraded to this standards and you'd cut out a lot of problems. We try to minimize what we can within our jurisdiction. But beyond 75' we have no legal control. NEIGHBORS: Was it approved by the DEC already? DAN: Not yet. It will go on.public hearing. TRUSTEE KRUPSKI: You should contact them if your concerned before hand to make sure you don't miss the public hearing. You can call Diane and she will give you the number who to contact. Do I have a motion to close the hearing? TRUSTEE SMITH: So moved. TRUSTEE KING: Second. ALL AYES TRUSTEE KRUPSKI: I'll make a motion to approve the application with a 75' no-disturbance buffer between the flagged tidal wetlands and the construction, with a 100' staked row of haybales to be placed at that mark in front of the construction site. TRUSTEE SMITH: Second. ALL AYES Board of Trustee~-~ 18 .... May 26, 1999 14. Lane Use on behalf of CHARLES RODIN requests a Wetland Permit to construct a 4' X 196' fixed timber dock, a 3' X 20' ramp and a 6' X 20' float. Dock will be elevated a min. of 4' above grade and will utilize 48- 6" in diameter pilings. Located: 70 Strohson Road, Cutchogue. SCTM #103-10-16 TRUSTEE KRUPSKI: Is there anyone here who would like tp speak on behalf of the application? DAN HALL: We submitted new plans for the Board to review. They reflect the narrower timber dock, shorter as well. And a 180' timber dock 3 1/2' wide and a lower degree 3' above grade with a 3' X 14' ramp and a 6' X 20' float. TRUSTEE KRUPSKI: This plan does show a hand rail elevated above the decking. MR. RODIN: I should have spotted that. We are not gonna put on it. As we discussed we are gonna put it as low and as unobtrusive ..... and I should have spotted that. I apologize for that. TRUSTEE KRUPSKI: When we left your home we went to the next site inspection which was in New Suffolk. The fellow was putting in a catwalk and he was putting in a three foot wide catwalk and it seemed to be adequate for access. I just wanted to mention that to you again at this public hearing to see if you would consider a three foot wide catwalk as opposed to the 4' TRUSTEE FOSTER: I thought we talked about a 3' wide. TRUSTEE KRUPSKI: We did. MR. RODIN: We did discuss it and I said I'm amendable to whatever the Board wants. Whatever is consistent with safety. I don't readily visualize a 3' or 3 1/2'. Obviously I would feel more comfortable with with having an extra 6 inches. But I wouldn't want the project to rise or fall on saying ...... it is our desire to have it as unobtrusive as could be with safety. TRUSTEE KRUPSKI: Certainly 3' wide. We looked at that when we went to the next site. Three foot wide would give you safe access for walking on it. You have the advantage where in your location if you have to harry down a boat or kayak or something to go down the road right next to you. MR. RODIN: I would prefer to have the extra 6 inches but it certainly would not stand on ceremony. TRUSTEE KRUPSKI: If you recall we go back about an hour ago the spacing on the decking we would like to get a 3/4" spacing on the deck to allow for better light and penetration. MR. RODIN: I would certainly go along with that. TRUSTEE KRUPSKI: See we're trying to push it down even lower. We were looking at the docks across the way and they have a very low profile. DAN: I think we're already pushing it a little bit with the DEC. TRUSTEE KRUPSKI: We're trying to push them in that direction too. To get them to go for a lower dock and get a little bit more spacing. MR. RODIN: I think we discussed they're view at that point. Whatever is consistent with the DEC. If it's fine with them it's fine with us. Board of Trustee~-'~ 19 ~-f May 26, 1999 TRUSTEE KRUPSKI: If they approve it at 2 1/2' above grade. If they balks at that and insists on 3 feet we'll change our permit without any problem or cost to you to 3' above grade. We'd like to keep it low as profile in this area as low as possible. We'll approve it at 2 1/2' above grade. TRUSTEE SMITH: I'll make a motion we close the hearing. TRUSTEE FOSTER: So moved. TRUSTEE SMITH: I'll make a motion we approve the application with condition of a 3' X 180' timbe~ dock, a 3' X 14' ramp and a 6' X 20' float elevated 2 1/2' above grade and utilize 48- 6" in diameter pilings with 3/4" spacing for planking on decking, and we will raise the elevation if DEC says to. TRUSTEE KING: Second. TRUSTEE POLIWODA: Nay. TRUSTEE KRUPSKI: I'll make a motion we go back to the public hearing on SUSAN & PHILIP BACON. TRUSTEE FOSTER: Second. ALL AYES TRUSTEE KRUPSKI: The description will read" "The construction of new beach stairs with plantings of beach grass and beach rose below the bluff line with 150 c.y. of top soil placed at areas of erosion, with erosion control jute matting. Existing black pines along bluff to be cut down and planted with beach grass and beach rose at top of bluff. Three rows of short juniper to be planted along bluff line. Catch basin with 8' in diameter 8' high leaching pools placed landward of bluff line as shown on drawing ~1 site plan revised date of 5/7/99. Grade to be pitched to catch basin to catch rain water runoff and leach into ground. TRUSTEE FOSTER: Close the hearing. TRUSTEE SMITH: Second. ALL AYES TRUSTEE SMITH: I'll make a motion to approve as read. TRUSTEE FOSTER: Second. ALL AYES 15. Richard Saeta on behalf of ROY & JOAN BERMAN requests a Wetland & Coastal Erosion Permit to remove an existing house and replace with a new house in the same footprint. Located 520 Rabbit Lane, 500' east of Bay Ave., and 50' west of LIPA pole 920F, East Marion. SCTM #31-18-11 TRUSTEE KRUPSKI: Is there anyone here who would like to speak either in favor or against the application? BILL POLE: But I haven't seen the provision of the ~house and they have a deck on the first floor. Is it straight out from the house or does it come and encroach on the side? If it comes straight out from where the house is, fine. but if they comes out and takes a little more property it will be almost over my property. It's only 2 1/2' there. The other question is is it in the same footprint. Is there any change. TRUSTEE KRUPSKI: Good question. We're looking at the environmental impact this house is gonna have. Take a look at these plans, and maybe you can see what your concerns are. MR. POLE: What about the footprint? TRUSTEE KRUPSKI: That doesn't concern us. TRUSTEE SMITH: Motion to close the hearing. Board of Trustee§- 20 ~'J May 26, 1999 TRUSTEE KING: Second. ALL AYES TRUSTEE SMITH: I'll make a motion we approve the application. TRUSTEE FOSTER: Second. ALL AYES 16. JOHN T. SICA requests a Wetland Permit to construct a single family dwelling with deck, septic system and well. Located: 12860 Main Road, East Marion. SCTM 931~14-9 TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor of the application? We met the owner on the site and didn't have a problem with it. TRUSTEE KING: Move to close the hearing. TRUSTEE SMITH: Second. ALL AYES TRUSTEE POLIWODA: I'll make a motion we approve the application with condition that a non-turf buffer be placed at the bulkhead landward. TRUSTEE SMITH: Second. ALL AYES 17. GARDINERS BAY ESTATES HOME OWNERS ASSOCIATION request a Wetland Permit to renew their maintenance dredge permit to correspond with DEC permit to dredge existing boat channel 1,100 X 20' to a depth of 4' below MLW. Located: Gardiners Bay, East Marion. SCTM ~37-4-17 TRUSTEE KRUPSKI: Is there anyone here who wishes to speak on behalf or against the application? LARRY MATZEN: I represent the home owners association, if you have any questions. TRUSTEE KRUPSKI: I have only one question. It shows here the 1,100 feet and then it goes to 4' and then when you get around the corner it shows 250' X 3' MR. MATZEN: The DEC disregards that on the permit. TRUSTEE KRUPSKI: But what I'm saying is where does the 1,100 feet end? MR. MATZEN: At the end of the jetty. From the jetty to the bridge. All the way in. TRUSTEE KRUPSKI: Because it wasn't clear here. MR. MATZEN: Is this a renewal or a permit. CLERK: Well, your. permit expired, so you have to re,apply. TRUSTEE KRUPSKI: I guess it's a new permit. MR. MATZEN: Do you allow permits over ten years? We had an extension on a 5 year permit. TRUSTEE KRUPSKI: I think this would be looked at as a new permit. And you would want this to run with the Army Corps and the DEC. I think you want to write a request saying this. MR. MATZEN: The Army Corps is up there in the year 2000. The DEC gave us a 5 year permit. They don't issue a 10 year permit anymore. And that's from May 10, 1999 to May 31, 2004. TRUSTEE KRUPSKI: We could give you the same thing then, to run with the DEC permit. To run to 2004. MR. MATZEN: If you look at the last 5 years, the 250' is off. They're not requiring that now. The 250' in their last 10 year permit they said, '250' from the bridge 3' deep, the rest is 4' deep. They're allowing 4' all the way now. TRUSTEE KRUPSKI: OK. It wasn't clear here because there were two dimensions. It wasn't clear where it ended. Board of Trustee~-~ 21 '- May 26, 1999 TRUSTEE FOSTER: I'll move to close the hearing. TRUSTEE KING: Second. ALL AYES TRUSTEE KRUPSKI: I'll make a motion to approve the project to the year 2004 to run with the DEC permit. TRUSTEE FOSTER: Second. ALL AYES 18. ROBERT & DOROTHY BAUMANN request a Wetland Permit to raise roof, put in new windows, add siding, an addition to garage, rear decks of first floor and move dirt from front of property to rear to cover footings of house. Located: 2050 North Oakwood Drive, Laurel. SCTM #127-6-5 TRUSTEE KRUPSKI: Is there anyone here who would like to speak either in favor or against the application? We looked at this a few months ago with the architect. Our concern on all the property is the run off. And the suggestion to use the existing septic system as a dry well and upgrade the septic system. The other concern was the edge of the phragmites. You can't touch or mow down the phragmites. You will have to let that grow back up again. DOROTHY BAUMANN: Can we cut it down? TRUSTEE POLIWODA: How about planting some backarus in there? TRUSTEE KRUPSKI: Yes, that would work. I'd be kind of curious to see what that looks like now. What's the growth like now? MRS. BAUMANN: It's spreading all over the lawn and high. TRUSTEE KRUPSKI: Phragmites is an invasive, species. It's not really native to the area. MR. BAUMANN: It was suggested in your letter that there is some other type of low creeping ground cover that could-be re-planted in place of ...... TRUSTEE KRUPSKI: Why don't you get the number of Chris Pickerill who works for Cornell Cooperative Extension who will give you some suggestions on controlling the phragmites. The native wetland grasses are not going to be that high. And that's what protects your property from erosion. So you want that. You have a steep slope there. You don't want it washed out. MRS. BAUMANN: So it's not necessary to have something that is that large. TRUSTEE KRUPSKI: That's not the most desirable vegetation but it's not the easiest thing to control either. In fact it's very difficult. If you could come up with some sort of plan you can run it by him. The rest of the project, I don't think we had much of a problem with. I think we went over it with the architect. MRS. BAUMANN: We bought the house about a yea and a half ago and we had a tenant in there in November and there are three cesspools~back there. We definitely understand the run off and leaders and gutter and drywells, but is it absolutely necessary to relocate the sanitary system to include adequate ..... we're not changing the footprint of the house and we're not adding a bathroom or any additional living space. We also have to go through ...... to change it to get to our front yard we have the basement and half basement and solid concrete slab. We were Board of Trustee~~ 22 <~J May 26, 1999 told by people in the field that it is quite difficult to accomplish this. MR. BAUi~ANN: We have a waste line from the back of the house through a full basement, crawl space and a 12' solid concrete slab to get up into the septic system. TRUSTEE SMITH: The septic system is the Health Dept.'s jurisdiction. TRUSTEE KING: The original plan was to do away with the original cesspools and use them for drywells and put the septic system up here. But it is gonna be very difficult to do it. They're asking to use the old cesspools. MR. BAUMANN: There's three of them~ If need be I'll dig dry wells underneath each leader and gutter on the house. TRUSTEE SMITH: Do they have to go before the Health Dept.? TRUSTEE KRUPSKI: No, I don't think so. MRS. BAUMANN: I talked to them and tried to get some clarification on it. They said if the existing system is working on it they have no problem. We're keeping only one bathroom in the house. TRUSTEE KRUPSKI: Yes, but we like to get people to upgrade. We'll have to give us a new plan showing that and have to include drywells to accommodate all this. We can approve this tonight but you can't get your permit until you give us the new plans and no new septic system and drywells. TRUSTEE SMITH: Move to close the hearing. TRUSTEE KING: Second. ALL AYES TRUSTEE KRUPSKI: I'll make a motion to approve the application for the renovation of the house, three decks, move dirt and regrade property and a staked row of haybales during construction at 10' up from the edge of marsh, and to do anything with the phragmites we will need to see a plan from Cornell Cooperative and submit a plan. TRUSTEE KING: Second. ALL AYES 19. DIANE SCHROEDER requests a Wetland Permit to construct a single family dwelling with septic system and well. Located: 150 Rene Drive, Southold. SCTM ~54-6-4.3 TRUSTEE KRUPSKI: Is there anyone here who would like to speak on behalf of the application? MR. SCHROEDER: As far as the entrance to the driveway is concerned, I spoke to the neighbors and right now the way it is the Town has at the toe of the road, shoveled a pathway to let the water to off their property. BasiCally the water that is standing there at the same time is (could not hear:him). So the drainage is awfully slow. I would move the driveway. I don't intend to really do much clearing. I would move that driveway farther to the west where there would be no filling. At the same time I spoke to Ray Jacobs and Jamie Richter and they said down the road they would maybe take care of this drainage which runs from property to property Under the road and across to the north. I intend to do as little clearing on the site as possible to get to elevations to where the house is. I would like to have the option to come off of Soundview Ave. Board of Trustee~<j 23 ~-~ May 26, 1999 TRUSTEE KRUPSKI: We looked a the site last week, We walked it and want to impose the same restrictions on this lot that we imposed on the neighbor lot to the north which is a 30' house setback from that upper pond area which means on your plans your would have to angle your house and move it more to the west. The big problem we had with the problem was, and basically no regrading, the same as the other lot. They had a lot of water problems in the area that exists and we tried to make it so it doesn't get any worse. The only other problem is we have a sub division map from 1978 and it shows that little pond in the middle and there is ....... what you propose here is that driveway runs right through that pond. MR. SCHROEDER: What I was thinking is what I would do was move that around and go to the west so I wouldn't disturb that area. TRUSTEE KRUPSKI: What objection would you have to using Rene Drive? MR. SCROEDER: It would be more attractive to come off the road. I own 25% interest in Rene and at the same time I would really prefer if I could come off Soundview Ave. I wouldn't change the slope or the grade of the property. I would certainly stay away from any wetland or water that is there. Again I probably won't clear. I would like to leave it as isolated as possible. TRUSTEE KRUPSKI: Why don't you give us ...... we'll have to go look at it again. Stake out where you want the driveway then so we can walk it. MR. SCHROEDER: I could give you some stakes where you see it. Right now it overgrown. TRUSTEE KRUPSKI: Yes, but it's not that big of property. Assuming where you are gonna put it where you want to put it, is adjacent to the neighbors there on Hickory Road. MR. SCHROEDER: Sure. TRUSTEE KRUPSKI: We're just trying to minimize the disturbance on the site, then I assume you would turn the garage around to face that side. MR. SCHROEDER: (Could not hear him) ...... as it is now as a result of the road on Rene Drive which has no shoulder, and the Town Engineer let Jon Kerbs put a pipe in at Petersen's property underneath the road to a basin that doesn't work to my property. And if these guys dug down 30 or 40' and hit sand this water would go back to the water system, it wouldn't be a problem for either one of us. I think you have a lot of people with water pressure problems because of the road. Basically it's a result of standing water on the lot. The pond up on the top, I agree. I'll stay 30' away. But it's basically standing water. TRUSTEE KRUPSKI: You've got the house staked out, so stake out in the field and we'll take a look at it. MR. SCHROEDER: I think I gave you 4 stakes, right, and they were 30' away? TRUSTEE KRUPSKI: Well the house was staked out. I didn't have a big problem with the house if you had it roughly where it was and turn it a little bit. We do impose the same setback that we did on the neighbors lot, but have your driveway come out on Board of Trustee~~'J 24 May 26, 1999 Rene Drive. Because then you minimize the impact on the impact on the lot itself. As opposed to putting the driveway all through it you split it all up and ..... MR. SCHROEDER: I figured I would end up with both at one point where I would have the driveway would end up at the garage and where I would have the option to come in off Rene Drive. TRUSTEE KRUPSKI: You would have to stake it out and see it drawn on the surveyor. TRUSTEE SMITH: You don't have to get a surveyor, you can draw it yourself. And stake it out. MR. SCHROEDER: Do I have to go through another hearing again? TRUSTEE KRUPSKI: Yes, we'll just re-open this one. MRS. SCHROEDER: And we have to wait another month? TRUSTEE KRUPSKI: Yes. Cause it's different than what's submitted. We were really prepared tonight I think to have you give us the new plans to show us the house a little bit different and access without the long driveway and access onto Rene Drive. Which gives you the house and driveway. So we could approve this and bring us a new plan showing the house 30' from the top pond there. MR. SCHROEDER: At the same time I walked through that pond area this fall and it was absolutely dry. There's no shoulder on the road and all the water runs down and it drains underneath the road from one side to the other and goes back and forth. TRUSTEE KRUPSKI: Show us that and the driveway where you have going to Rene Drive and we want the grading plan and give us a cross section of grading. MR. SCHROEDER: It wouldn't change anyway because once you get up on top of elevation 36 the lot fairly stays that way and then actually rises to the back. So it really wouldn't make much sense to change that grade. At the same time really very little clearing would be done. TRUSTEE KRUPSKI: Well just get us plan showing the house set back from that top pond 30' And a cross section of grading I guess from north to south. MR. $CHROEDER: The elevation you have there wouldn't be sufficient? It's pretty accurate as it is now? TRUSTEE KRUPSKI: What would your area of disturbance around the house be to the foundation? MR. SCHROEDER: 30' Depending on the trees and I'm gonna have to push the dirt out for the septic system. TRUSTEE KRUPSKI: And re-grade. MR. SCHROEDER: And re-grade for the foundation. The foundation would probably be a foot and a half above elevation 36. You grade to the foundation so that water will run away from it. So basically the grade would almost be the same. TRUSTEE KRUPSKI: The road side of the house is 30 now or 31. MR. SCHROEDER: I would end up with stepping that down with field stone and so forth so the elevation in front wouldn't change at all. The elevation in the back would remain the way it is. So the elevations you have there are accurate and would be consistent with the job being done. TRUSTEE KRUPSKI: This survey shows solid lines, that's what is misleading me. The dotted ones are the existing ones. There's Board of Trustee~~ 25 ~ May 26, 1999 two sets of lines. Well just show us the new plans and then you can get your permit. TRUSTEE SMITH: Motion to close the hearing. TRUSTEE KING: Second. ALL AYES TRUSTEE KRUPSKI: I'll make a motion to approve the application with a new plan showing the house 30' from the top pond area and no grade change overall and 50' building envelop in front of the house. TRUSTEE KING: Second. ALL AYES 20. GERALD RUPP requests a Wetland & Coastal Erosion Permit to construct an 86' timber bulkhead with an 8' return on west property, with 30+ c.y. of clean sand to be used as backfill and plant with American Beach grass. Located: 18415 Soundview Ave., Southold. SCTM ~51-1-19 TRUSTEE KRUPSKI: Any comment? MR. RUPP: There's a severe erosion problem there. (could not hear him, shuffling of papers)...a walkway and deck. TRUSTEE KRUPSKI: We looked at it last week and we liked the way your plan follows the contour of the toe of the bluff. TRUSTEE POLIWODA: On the western side there's a curb and what's on the diagram is ..... TRUSTEE KRUPSKI: So we'd approve this based on plans submitted. TRUSTEE SMITH: I'll make a motion to close the hearing. TRUSTEE FOSTER: Second. ALL AYES TRUSTEE KRUPSKI: I'll make a motion to approve the application subject to receiving submitted plans following the toe of the bluff. TRUSTEE POLIWODA: Second. ALL AYES 21. KENNETH B. ZAHLER requests a Wetland Permit to construct a single family dwelling with garage, deck and pool. Located: 11595 Suffolk Ave., Southold. SCTM #116-1-9 TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor of. the application? I don't understand this. He says he's excavating 400 c.y. and he's filling 200. That doesn't seem to make sense, where he's gonna raise the grade up, big time. Look how he's raising the grade, which I don't have an objection to because of the setback. I think the problem is the description. TRUSTEE FOSTER: It might be a type-o. TRUSTEE KRUPSKI: I think we need a better description. TRUSTEE FOSTER: Make sure we get a clear definition of the scope of the work here. That doesn't sound right to me either. Unless it's impervious material he wants to remove. TRUSTEE SMITH: Maybe he's taking out 400 for the foundation and he's got to bring in another 200 besides. TRUSTEE KRUPSKI: So he's adding 600? TRUSTEE FOSTER: He's gonna excavate 400 and bring in 200 to make it a total of 600 yards. TRUSTEE KRUPSKI: Would that raise it up enough? TRUSTEE FOSTER: That depends. He really doesn't have any radical contour changes there. Board of Trustees~ 26 ~J May 26, 1999 TRUSTEE KRUPSKI: He's gone from 5 to 8 or 9 around the house. And most of that is non-jurisdiction. How about if we approve this based on a 50' no-disturbance zone and better calculations on the amount of fill he's gonna bring in. TRUSTEE FOSTER: Those numbers aren't realistic. Many times they over, over estimate. Because when you get a DEC permit they're usually pretty specific. People tell me when they go for a permit the DEC will say, "are you sure that's what your gonna need? Because when you write it for 2 don't let us catch you bringing in 5". So they over estimate. But at least they're covered. TRUSTEE SMITH: Move to close the hearing. TRUSTEE FOSTER: Second. ALL AYES TRUSTEE KRUPSKI: I'll make a motion to approve the~application based on a 50' no-clearing buffer and a better description on fill. TRUSTEE KING: Second. ALL AYES V. MOORINGS: 1. JANE TAGGART requests a mooring permit to place 5 mooring piles in Goose Creek in front of applicants property. Located: 700 Goose Creek Lane, Southold. TRUSTEE POLIWODA moved to approve with only 4 mooring piles and to use only one boat at mooring, 25' off bulkhead, TRUSTEE KING seconded. ALL AYES 2. FRANK PELLEGRINO requests a mooring in Corey Creek for a 25' outboard with a 200 lb. mushroom and a fore and aft anchor. ACCESS: Private TRUSTEE SMITH moved to approve, TRUSTEE KING seconded. ALL AYES 3. FRANK MC GINNIS requests a mooring in Corey Creek for a 16' outboard with a 50 lb. mushroom. ACCESS: ROW (Private) TRUSTEE SMITH moved to approve, TRUSTEE POLIWODA seconded. ALL AYES RECEIVED AND FILED BY Meeting Adjourned at: 10:45 p.m. SO Ho , Tow D~ATE ~//~p?/2~ HOUR~ ~ ~