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HomeMy WebLinkAboutTR-10/21/1998Albert J. Krupski, President James King, Vice-President Henry Smith Attic Foster Ken Poliwoda Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-18~2 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MINUTES October 21, 1998 CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE PRESENT WERE: Albert J. Krupski, Jr., President · James King; Vice-President Artie Foster, Trustee Ken Poliwada, Trustee Lauren Standish, Clerk NEXT FIELD INSPECTION: Thursday, November 12, 1998 at 12 noon. TRUSTEE KING moved to approve, TRUSTEE FOSTER seconded. ALL AYES NEXT TRUSTEE MEETING: Wednesday, November 18, 1998 at 7:00 PM WORKSESSION: 6:00 PM TRUSTEE KING moved to approve, TRUSTEE POLIWADA seconded. ALL AYES APPROVE MINUTES: Approve Minutes of August 26, 1998 and September 23, 1998 Regular Meetings. TRUSTEE FOSTER mOved to approve, TRUSTEE POLIWADA seconded. ALL AYES MONTHLY REPORT: The Trustees monthly report for September 1998: A check for $1,137.27 was forwarded to the Supervisor's Office for the General Fund.. PUBLIC NOTICES: Public Notices are posted on the Town Clerk's Bulletin Board for review. III. AMENDMENTS/WAIVERS/CHANGES: Proper-T Services on behalf of ROBERT K. SCRIPPS requests an Amendment to Permit #4004 to increase the length of the ramp from 14' to 16', change the orientation of the float so that it is perpendicular to the shore instead of parallel to it, and relocate the two 2-pile dolphins appropriately to secure the float in its new location. Located: 2745 Pine Tree Road, Cutchogue. SCTM#104-3-6 TRUSTF~E KRUPSKI moved to Table this application until measured again. TRUSTI~.~ KING seconded, ALL AYES J.M.O. Consulting on behalf of WILLIAM SCHENONE requests an Amendment to Permit 4/4511 to extend the dock into deeper water approx. 6' further out and 20' longer. Located: 2124 Westphalia Ave., Mattituck. SCTM#114-7-11.3 TRUSTF. R KRUPSKI moved to approve the application to extend the fixed catwalk 8ft. and to install one 2-pile dolphin 12ft fi.om the north end of the dock and one 2-pile dolphin 12 ft. from the south end of the dock as per new plans. TRUSTEE KING seconded, ALL AYES En-Consultants on behalf ofI-IARRY & JANET HOHN request to rescind the Waiver dated May 29, 1998 for a deck and request a new description for a Waiver to construct a 6'X 6' platform and stairs underneath the rear door of the house. Located: 8800 Nassau Point Rd., Cutchogue. SCTM#118-6-3.2 TRUSTF. F. KRUPSKI moved to approve to rescind Waiver and approve new Waiver, TRUSTEE FOSTER seconded. ALL AYES 4. Suffolk Environmental Consulting Inc. on behalf of PATRICK MORTIMER requests an Amendment to Permit #4923 to extend the deck. Located: 3895 Robinson Rd., Southold. .................... SCT-M#8i-I-8 ..................... TRUSTEE KRUPSKI suggested that applicant re-apply for Amendment due to the fact that the description and paperwork did not coincide. (MinUtes of May 28, 1998 Were reviewed and request for addition to d~ck Was submitted at meeting and approved by Board accordingly.) Samuels & Steelman on behalf of CHARLES & JANICE BOVINO request an Amendment to permit #4914 to enl,m-, g_e the deck between the pre-existing bulkhead and.,the new upper level bulkhead apprOx. 40 and Stae the width approx 13' Location: 9775 Nassau Point Rd., Cutchogue. SCTMg 119:1-5 &6 TRUSTF. F~ KRUPSKI moved to approve the application, TRUSTF. F. KING seCOnded. ALL AYES Samuels & Steelman on behalf of JOHN ALOIA requests a Waiver for a new deck addition to an existing deck and Bohn Fence Co. to construct a 96' of stOckade fencing along the south side of the property. Located: 8145 Nassau Point Rd., Cutchogue. SCTM#118-4-9 TRUSTEE KRUPSKI moved to postpone the application per applicant's request, TRUSTF. F~ KING seconded. ALL AYES John Geideman on behalf of EUGENE KESSLER requests an Amendment to Permit #3998 to relocate existing dock as per Trustee suggestion and Diagram 1 dated Sept. 10, 1998. Located: 1825 Gull PondLane, C_n'eenport. SCTM#35-4-15 TRUSTEE POLIWADA moved to approve the application and to mm the float parallel instead of perpendicular to the shoreline as per Diagram 3 as submitted at meeting, TRUSTF. F. KING seconded. ALL AYES DUANE J. PASCALE requests an Amendment to Permit ~2052 to add 2 storm pilings off dock, add a 6'X 16' floating dock attached to existing, and to Transfer this permit from James J. Youngto Duane J. Pascale. Located: 3520 Mirmehaha Blvd., Southold. SCTM#87-3-8 TRUSTI~.I~. KING moved to' approve the revised application as stated on the new drawings and survey presented at meeting, TRUSTEE KING seconded, AYES, TRUSTEE POLIWADA ney. PETER ENNERS requests a Waiver to install a waterline on the north side of East Mill Road. Located: 15 East Mill Rd. Mattituck. SCTM#106-4-2 TRUSTEE KING moved to approve application, TRUSTF~F~ POLIWADA seconded. ALL AYES 10. Robert S. Hughes, Esq. on behalf of ROBERT BRUCE requests a Waiver to install a fence around his property. Located: 1155 Main St. Greenport. SCTM#34-1-9 TRUSTEE FOSTER moved to approve application, TRUSTEE KING seconded. ALL AYES 11. DANIEL JENNINGS requests a Waiver to install a 4' high, wood rail fence, to run from Jockey Creek bridge guard-rail approx. 100' south to the utility pole and plant shrubs along the fence line. Located: 3340 Oaklawn Ave., Southold. SCTM#70-05-54.1 ............ ~TRUST~IS~I~OLIWADA-moved to-approve application, TRUSTEE F~OS-TER, seconded. ALL AYES RIC~ ~O~zINI req~tests to'Amend Permit g4856 to construct a 6'X 20' float, accessed by a 4'X 12' ramp. Located: 8500 Nassau Point Rd., Cutchogue. SCTM#188-5-4.1 TRUSTFiP~ KRUPSKI moved to approve application provided that application seek permission from the landowner for the float, as the Town does not own underwater land, TRUSTF~E POLIWADA seconded. ALL AYES 13. MICHAEL RAYNOR requests a one-year extension to Permit g4670 to remove an existing dock and replace with a bulkhead to tie into existing bulkhead of neighbor and backfill with 450 c.y. of fill to stabilize and construct a 1,900 s.f. single family dwelling. Located: 890 Old Harbor Rd., New Suffolk. SCTM#117-5-22 TRUSTEE KING moved to approve application, TRUSTEE FOSTER seconded. ALL AYES TRUSTEE KING moved to go offthe Regular Meeting, TRUSTEE POL1WADA'seconded. ALL AYES IV. PUBLIC HEARING: THIS IS A PUBLIC HEARING IN THE MATER OF THE FOLLOWING APPLICATIONS FOR PERMITS UNDER THE WETLANDS ORDINANCE OF THE TOWN OF SOUTHOLD. I HAVE AN AFFIDAVIT OF PUBLICATION FROM THE TRAVELER-WATCHMAN. PERTINENT CORRESPONDENCE MAY BE READ PRIOR TO ASKING FOR COMMENTS FROM THE PUBLIC. PLEASE KEEP YOUR COMMENTS ORGANIZEI) AND BRIF. F: FIVE (5) MINUTES OR LESS~ IF POS~q~LF Proper-T Services on behalf of MARY N. CODE requests a Wetland Permit to construct a fixed open walkway 4'X 72', hinged ramp 4'X 16' and floating dock 6'X 20' and install two spiles to secure floating dock. Location: 1555 Smith Dr. North, Southold. SCTM#76-2-4 TRUSTF. F. KRUPSKI: Is there anyone here who would like to speak in favor of the application? JIM FITZGERALD: Yes, just to answer your questions but I don't have anything else to add to the material that' s already in there. TRUSTEE KRUPSKI: Anyone else who would like to speak in favor of or against the application? Any Board comments? CAC comments? CAC recommends, you guys have to get out there more often. SCOTT HII,ARy: Well I have to apologize, we had a few members missing this month, so that's why you'll see a "no comment" on a number of them. TRUSTF. F, KRUPSKI: Alright, this was a good one to miss. This looks like a straight forward application. It doesn't appear to be over 30% of the channel, there's a 4'X16' ramp with a 6'X 20' dock. Do I have a motion to close the hearing? TRUSTEE KING moved to dose the heating. TRUSTEE FOSTER seconded. ALL AYES TRUSTEE FOSTER moved to Approve the applicatiom -. TRUSTEE POLIWADA seconded. ALL AYES J.M.O. Consulting on behalf of THOMAS J. MC CARTHY requests a Wetland Permit to construct a 4'X 15' elevated catwalk, a 3'X 8' ramp and 3 - 6'X 25' floats. Located: 1605 Goose Neck Lane, Southold. SCTM#77-3-17.1. TRUSTEE KRUPSKI: Is there anyone here who represents the applicant? This was tabled from last month, and our office was unable to contact them. As a result, I'll make a motion to table this application until next month. TRUSTEF, KI2qG seconded. ALL AYES En-Consultants on behalf of NICHOLAS & PATRICIA LA CONTI requests a Wetland Permit to remove existing 171' timber bulkhead and replace (in-place) with C-Lok vinyl bulkhead and replace (within 18") existing 171' timber retaining wall landward of bulkhead. Backfill a 18' Wide area behind bulkhead with 100 c.y. of dean sand to be tracked in from an upland source and plant backfill area with Cape American beach grass. Located: 412 Park Ave., Mattituck. SCTM#123-7-9.2 TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor of or against the application? ROB HERR. MANN: I'm from Eh-Consultants on behalf of Nicholas & Patricia LaConti here to answer anyquestions the Board may have. It's fairly straight forward application to replace the deteriorated bulkhead with vinyl and there's also a retaining'wall landward thereof that's going to replaced within 18". The only reason that's not being pulled out is because it will minimize the disturbance of that embankment by just building in front of it. TRUSTF. F. KRUPSKI: I just have a question. Why is there snow in these pictures you gave US.9 ROB HERRMANN: There shouldn't be. TRUSTEE KRI~SKI: I was talking to a building contractor who was working on a bulkhead and he said he's running into problems with this vinyl bulkheading. There is so much Water pressure, hydraulic pressure being built up from the upland, it can't escape the natural flow of the water table into the marsh. When you put this vinyl C-Lok in, it stops that water flow. ROB HERRMANN: From my understanding, a couple of contractors that I have spoke to is that there is supposed to be placing the same perforations in the vinyl that they do with timber and timber would do the same thing if it didn't have cracks, which is why they put the holes in it for the outflow. If you don't do that, yeah, that's going to be a problem. TRUSTF, F, KRUPSKI: OK, I just wanted to know if the Board every thought of that. TRUSTEE KING: I talked to Angelo at the Mattituck shipyard and he's putting those holes init. TRUSTEE KRUPSKI: Otherwise that water is just going, I would imagine, eventually, just blow out. TRUSTEE FOSTER: Yeah, there's a lot of hydraulic pressure there. ROB HERRMANN: This is what you should'ye received. I have no idea Where these came from. This is what should'ye been submitted to you with the application. They are the same pictures but these were taken this summer. TRUSTF. F. KRUPSKI: I didn't know if it was standard procedure to put the drains in the wall. .................................. ROB-HE .RKMANN-:. Well-it. should be ....... TRUSTF. F. KRUPSKI: It was sort of alarming to hear that. ROB HERRMANN: At one time that was a problem with timber and steel bulkheads as well. They had to put the same perforation, or puncture holes in steel, or else the steel would hold it the same way for those that are built on the ocean and the south shore. So if there not doing that then k would cause a problem. I know Steve Pawlik is a contractor involved with this and he basically.builds these the same as he would build a timber bulkhead. That sheathing, the vinyl sheathihg is being held by timber piles and tie rods and everything else. The only difference, asi U~d~rstand iti and I could be wrong, is that the actual sheathing is going to be thevinyl;'C-Lok Or:WhateVer brand you use. But that might be something that should be brought to some of the contractors attention and I'll mention it to Steve. TRUSTF. F. KRUP~SKI: One contractor brought it to my attention and it made sense when he said it, I'd never thought of it because I'm not installing it, but it made alot of sense. The water has to come out. ROB HERRMANN: It's the same concept with the steel bulkheads. You can actually see the huge holes right in the shealthing. I mean it's filtered so that material is not running in, but the water is allowed to escape, otherwise it would force the bulkhead out. TRUSTF..F. ICRUPSKI: Okay, that's why I wanted to bring that up. ROB HERRMANN: As long as thek standards of construction remain the same, there shouldn't be a problem. TRUSTEE KRESS: Is there any other comment on this application? CAC recommends approval. Do I have a motion to clOse the heating? TRUSTEE KING moved to close. TRUSTF. F. POLIWADA seconded. ALL AYES TRUSTI~. KING: I'tl make a motion to approve the application, as written. TRUSTF. F. FOSTER seconded. ALL AYES 4. En-Consukants on behalf of HERBERT JACOBS requests a Wetland Pc, mit to construct a timber retaining wall to be tied into existing retaining walls to east and west. Approx. 250 c.y. of clean sand to be trucked in from an upland source and used as backfill and planted with Cape American beach grass. Place 1-3 ton stone armor at eastern end of retaining wall to mitigate potential erosion in corner created by tie-in to adjacent structure. Location: 605 Sound View Ave., Mattituck. SCTM#94-1-4 TRUSTF. F. KRUPSKI: Is there anyone here who would like to speak in favor of the application? ROB HERRMANN: I'm here on behalf of Herbert Jacobs for this proposed retaining wall on Long Island Sound. Again, this application is fairly straight forward in that there is basically an eroding sound bluffin between two retaining walls. The stone is proposed in the comer and I propose that again to be consistent with what we've decided with this Board in past for similar projects where if the positioning of the bluff creates a situation where you're creating a 90 degree angle in one comer to my to dissipate wave energy and would prevent rubbish from piling up in that corner with the proposed armored stone. TRUSTEE KRUPSKI: Any other comment? CAC comments? CAC: Approved. TRUSTEE KRUPSKI: Do I have a motion to close the heating? TRUSTEE KING moved to close the hearing. .............. TRUSTFJ~.-POLIWADA:..-Seconded.-. ALL AYES TRUSTF. F. KRUPSKI: I'll make a motion to approve based on what was submitted. TRUSTEE POLIWADA seconded. ALL AYES 5. Land use on behalf of JERRY & MARY KEEGAN request a Wetland Permit to construct a 1,813 s.f. house with driveway, septic system, retaining wall and a 16'X 30' swimming pool. Located: 200 Beachwood Lane, Southold. SCTM#70-10-52 TRUSTRF. KRUPSKI: Would anyone like to speak in favor of the application? TANYA-LAND USE CO~ - On behalf of Jerry & Mary Keegan, I'm here to answer any questions you may have. I also have my affidavits of neighbor notification. TRUSTEE KRUPSKI: We visited the site not this month but last month, and we had a lot of questions. The first that struck is the flagged area, we didn't agree with on the survey. We'd like to see that re-flagged and we'd be happy to meet with you out in the field after you've re- flag that. Do you have Health Dept. approval on this? TANYA: Not yet. I don't have DEC either yet. We're waiting for proof that the two lots are separate, which they are, but we just have to give them the deeds. TRUSTI~.F~ KRUPSKI: So, the septic system, according to what we thought was the wetland line, was well within our jurisdiction, and inappropriately close to the wetlands. We would have to go out, once re-staked and re-flagged That was the biggest problem is getting a wetland line on the survey. CAC: I don't know if the proposed structure was staked? TANYA: The surveyor has staked it. TRUSTI~.F. KRUPSKI: That's right, it wasn't staked at the time. Can we set up a date to meet with Chuck out there? It Would be a lot easier in November because the leaves will be down and we'll be able to see better. At the septic system, cross section, it shows 11' 3 finished grade, next to proposed retaining wall elevation 11.5. TANYA: This was the only location for the sanitary system due to the neighboring wells to the east and west. TRUSTEE KRUPSKI: How does that tie into the neighbors elevation? Say to the east. Or to the west for that matter. We were unsure as to how that elevation was going to tie into the neighbors because the retaining wall comes to.. TANYA: I guess we should have a cross section of the retaining wall. TRUSTI~, KRUPSKI~ Yeah, it comes to like 5' of the property line, just stops at 11'5 but I don't know what the neighbors are there. TANYA: Should I have the surveyor make a spot elevation on either side there? TRUSTF, F, FOSTER: We'll on the survey it shows 11.88 elevation right north where the wall ends. See k says top wall elevation 11.5. 5' min. from the property line, then there's an X then says elevation 11.88. TRUSTEE KRUPSKI: Was that the final? You were out there, do you think it's 11.887 TRUSTEE FOSTER: No. We'll I don't know. It's all so heavily wooded, it's hard to tell. You couldn't even see the creek. Further down they show an elevation 7.98. TRUSTEE KRUPSKI: I guess that's what we need then is some spot elevation on either side to see how it would affect the flow of water to the neighboring properties. TRUSTF~F, FOSTER: There was a test hole there, do you remember the test hole? It was in that lot. TRUSTF, F, KRUPSKI: That's not where it shows on thesurvey thougk- .The test hole on the survey shows right adjacent to the road. We were looking at one somewhere where the house would be. TRUSTEE FOSTER: That might have been just to check the water depth, for the septic system. That was low, that lot was quite low compared to the neighboring lot. These people own the lot right next door, don't they? TRUSTF, F, KRUPSKI: That's right. TRUSTEE FOSTER: We were standing on their lot, quite a bit higher. TRUSTEE KRUPSKI: Could we Table this application until we get some more information. I'll make a motion to Table the application for the November meeting. TRUSTF, E FOSTER: Seconded. ALL AYES Land Use on behalf of JERRY & MARY KEEGAN request a Wetland Permit to construct a 155 s.f. addition to an existing house on the southeast comer and a 112 s.f. addition at the southwest comer of the hOuse. Located: 100 Beachwood Lane, Southold. SCTM#70-10-63.1 TRUSTF, F, KRUPSKI: Is there anyone here who would like to speak in favor or against the apPliCation? TANYA:LAND USE: Is the wetland line here still going to be a question? TRUSTF, F, KRUPSKI: I'don't think so because it's already an improved lot. It's lawn correct?. TANYA: Yes. TRUSTEE KKUPSKI: ! don't think we have any questions on this one here. CAC have a comment? CAC: We approved it last month. TANYA: I have DEC approvals as well. TRUSTF. F. KRUPSKI: Any other comments from anyone? Board? Would somebody like to make a motion to close the hearing? TRUSTEE KING: Moved to close the hearing. TRUSTEE FOSTER: Seconded. ALL AYES TRUSTEE FOSTER: I'll make a motion to Approve the application TRUSTF. F. KING: Seconded. TRUSTF, F, KRUPSKI: Do we have drywells on that house? I'll put a condition on the permit that gutters and drywells be installed. All in favor? ALL AYES 7. MATT-A-MAR MARINA requests a Wetland Permit to install vinyl sheathing over existing aged cresote sheathing. Permit for entire 1100' of bulkhead, 250' section each year. Located: 2255 Wickham Ave., Mattituck SCTM#114-3-1 TRUSTF. F. KRUPSKI: Is there anyone here who would like to speak in favor of the application? ALI AGARABI: I can answer any questions. TRUSTEE KRUPSKI: I'm just looking for a survey that shows the location of the work. This request encompasses basically the entire marina. ALI AGARABI: This part will be all done. TRUSTEE KRUPSKI: Do you have a cross section of how it was going to be constructed? ............... The CACresolved to recommend that the Southold Tom Board of Trustees, Approval of the Wetland Permit for Matt-A-Mar to install vinyl sea wall over existing sheathing not to extend past 18" with'4'X 6' waler through bolted to existing waler and tie rods; plans are for 200' section this year with additional areas as time permks; some pilings will:be removed replaced with new (all within the 18" from existing sea wall). CAC suggests the applicant try to find some temporary measure to sl[ow the erosion process until the proper repairs be made. There are a number of letters here. I would like to take the public comment first. Okay, here's a cross section. That's what I've been looking for. Our concern that it's held in as tight as possible, and it seems to be the CAC's concern also. TRUSTEE KING: Are you going to be digging out behind the old bulkhead and putting in any new deadmen in or anything in? ALI AGARABI: Dig out behind the bulkhead, no. TRUSTF. F. KRUPSKI: Now we had this conversation in the field, I think, about keeping it dose. Now what is submitted here, really pushes it way out. I thought it should just be taking the pilings out which don't seem to be too good, put the sheathing right next to the old stringer and weld that back together. _AIJ AGARABI: We had ..the bulkhead is going to bend and there is now way to push it back. You cannot push it back. There are two rods holding it. TRUSTEE KRUPSKI: Yeah, but you'd put ..... TRUSTEE FOSTER: To do that Al, you'd have to go in an excavate behind it. TRUSTEE KRUPSKI: Now take a look Artie, and bear with me here, looking down at it, here's the old sheathing, is there a stringer on the outside of the old sheathing, there' s an old stringer, and then there's a series of pilings, right? Okay, so you start from here and you start putting your channel lock in, when you get this section done, you put a piling in here and you yank that one and then you go on like that. You go over to here, you put a piling in, then you yank that one. Then once you get to here, you just tie it in. TRUSTF. F. KING: That's why I asked if he was going to dig behind. TRUSTEE KRUPSKI: No, he doesn't have to, he just puts an extra piling in. He doesn't have to. That's the way. TRUSTF~F~ FOSTER: An extra piling at every piling? TRUSTFJF. KRUPSKI: You just come up to it. TRUSTEE FOSTER: It's got to be tied in. ALI AGARABI: These can change. Two inches, four inches, because this is not straight. Some areas go in and some areas go out. But average is the two inches because some areas have to go in and some areas have to come out. TRUSTEE KRUPSKI: The way it's written, it seems like it sticks out. TRUSTEE FOSTER: So this is the existing pilings. TRUSTEE KRESS: What is this stringer for? ALI AGARABI: This has to tie into this and has to be straight. These are exactly what they did at Mattituck Inlet. The bulkhead comes out, there is not way I can push it back, and I cannot take this piling out because of the rod and I cut the rod the piling does not hold the bulkhead. So if you're going to have a rod and put another piling in front of it, it doesn't have any value, and is going to bend. TRUSTEE FOSTER: We'll that the hydraulic pressure we were talking about. ] ALI AGARABI: You have to put the piling, and you have to have a rod to hold it. If you don't put a rod, and the pilings, nothing going to hold. TRUSTF~F. KING: To me, just personally, it's senseless not to excavate-behind the bulkhead and put new deadmen and new rods in. I mean you've gone this far and your relying on this 20 year old rods that I'm sure are rusted down and not as strong as they were ..... ALI AGARABI: See.. i.without this rod, this part is not going to hold. You must have a rod and you have to have this. TRUSTEE KING: We'll in order to put this in, you must dig behind the old bulkhead. ALI AGARABI: You have to go 15'. Yes that's true. TRUSTEE KRUPSKI: So then you don't have to go with a stringer. You can take the poles outthen because you can go right up to the old pole, put your new one in, put your deadmen, take the old pole out, keep going, right? ALI AGARABI: Only one thing,. You have one in here and one in here. But we are not going to have both, just this one only that is going to support this. Not the bulkhead. The bulkhead is supported with these two. TRUSTEE KRUPSKI: How do you add on to these? ALI AGARABI: You don't have to. TRUSTEF, KRUPSKI: How do you add on, right now it ends here. ALI AGARABI: No, it doesn't end hem See you have two, here and here. These are the ones that are really holding the bulkhead. TRUSTEE KRUPSKI: Do you know what I'm saying.: They end here though. Here's the old deadmen here right? But how do you attach it from here to here? ALI AGARABI: From here you have it bolted, then you have one here that holds this and you are nog going to have'too much pressure because already you have these two holding this. Because if you cut this, it's done, finished. Nothing is holding this bulkhead. So you have to rebuild the whole bulkhead. If you move this, this has to be cut. TRUSTEE KRUPSKI: Okay, sorry it's getting late and there's something I don't understand here. Let me take the other comments. 10 ALI AGARABI: This was difficult for me too. First I thought it was a simple solution but then they explained to me too different ideas. They said sheathing would last two years and then it's going to go. If you take this out and it bends, there is no way to push it back. TRUSTF. F. KRUPSKI: Sure that's excavating everything right. Let me take the other comments. Is there any other comment? MARIE DRAKE: I live on the east side of the road from Matt-A-Marina and one, we have never been notified of anything that he has applied for permits for at the marina or ever. All these things that he has done has been put though and he has never notified us. Or any of the neighbors. I had found out about it, the fact that he was going to put the sheathing up, and I came down to the Town Hall and that is the only way that I finally ended up with a notice. No one else on the block was notified. I'm concerned because after the first pilings and bulkhead were put in we have had the water behind our house, we have the wetland behind our house and, since the bulkhead was put in and not before that the water has come all the way up to our property line, which is raised above the wetland. If it comes over that property line, we will definitely be flooded out and all the other houses right down the line. Since that bulkhead has been put in the water comes right up to the top and we have never had that problem before, ever. It was wetland, and a marsh in there, but we never had water that you could ..... and every time the water raises it fills right up. TRUSTF. F. KRUPSKI: I'm sorry, could you clarify that. What's filling up. I'm familiar with thatarea,- MARIE DRAKE: There's a wetland in behind the houses, which is across the street. MR. DRAKE: There's a road in between the swamp, Wickham Ave. Since that bulkhead has been put ~n, and only since that bulkhead was put in, the.water in our back area there has gone up and is not releasing like it used to. It builds almost to the top, which it never did, until that bulkhead was put in. TRUSTF. F. KRUPSKI: Now does that flow under the road unrestricted? MARm DRAKE: Yes, well no, there is a cauldron that is supposed to be dosed up. TRUSTEE FOSTER: Atide gate on it. TRUSTF. F. KRUPSKI: Well why wouldn't that, I'm not disputing you, I just want to know for my own information why wouldn't that flow out. MAR1F. DRAKE: Well there are several reasons. One, the trap is faulty. It was checked a couple of years ago, I do have it right, I can give you a copy, it isa faulty trap. That's one reason. Second, that end of the creek where it comes in, you're familiar with is a small rounded area in there, and every time something is backed up, it cannot, the water c ,~a~,_ot seep into the sides of the creek because ofatl of these pilings and these bulkheads there. It s natural that anytime you put a wall on the side there it's all going to push in and it's going to go where? It's not going to go into the ground anymore. Now, the way [ see it, I see that this water is going to keep backing up in there and this sheathing, this plastic sheathing put on there, definitely, there is no way that itcan drain into the sides, none of it, so where is going to go, it's going to keep pushing in this direction and yes, if it's a faulty cauldron its going to go in there yes, but, even before, even without that problem, the water level comes up so high that it came right over the road, it covered the entire road and the yard was flooded. Now, I'm seeing an existing bulkhead here and this on that copy it shows another bulkhead, on my copy it doesn't. Alright. My copy doesn't say bulkhead, but I'm seeing another bulkhead being put in here, which is a considerably long distance from here. It looked like this. 10 TRUSTF. F. KRUPSKI: I have these copies in the file. I think, unless there's something else. I these are all identical copies in here. MARm DRAKE: But, my copy does not show that bulkhead here but this looks like another bulkhead to me. TRUSTEE KRUPSKI: Well it is. MARIF. DRAKE: Apparently, they are putting another bulkhead in, and then they're puffing sheathing up, fight? TRUSTEE KRUPSKI: No, no, the sheathing is the bulkhead. It's a plastic interlocking sheathing which looks like this. MAR1F. DRAKE: But it's not covering the existing. TRUSTF. F. KRUPSKI: Yeah, it will go fight in front of it. It has an interlocking, hook like this. They just interlock them together. It's a long piece of sheathing. MARm DRAKE: But this is going to bring the existing bulkhead in, and this is going to also add more on to that and go out further into the creek. TRUSTFI~ KRUPSKI: That's our concern. That's what we were discussing with him. That was one of our discussions. MAR1F. DRAKE: The marina is basically taking over more and more of the creek all of the time. It's coming down further toward our land and coming out more all the time and making it narrower in there and plus he's done more property of course, because he's pulling this out into .the middle ..................... TRUSTEE KRUPSKI: We'll that's our concern. That's one of the things we discussed at length and we have not yet resolved that. MARI~. DRAKE: My concern is the smaller depth in there, it causing a tunnel. Everything just keeps pushing out into the road and down to our end and like I said, my basement has never been damp until this. You must the water draining up into the ground, but I do know that it comes up to the level of property now, and if it goes up any higher it will go, definitely, into our house because it fight at the level of the property, the last storm we had. TRUSTEEKRUPSKI: The rain, not the creek? MARm DRAKE: When the tides get high, the level of the water will come up in there also. TRUSTFrF. KRUPSKI: Well because what happens is the hydraulic force of the creek will push the groUnd water up higher. My brother-in-law in Cutchogue experiences that also in his house. He tried to pump it .out but he just re-circulated that water. MARIF~ DRAKE: But also if the sides are all barricaded on the sides by the plastic vinyl sheathing... TRUSTI~. KRUPSKI: Well that's the discussion I had with the applicant who left already, about the vinyl sheathing not being able to release that ground water. TRUSTEE FOSTER: The water doesn't go from the creek into the ground it comes from the land and drains into the creek The bulkhead, if not properly ventilated, would actually hold the water from coming in to the creek. MARlin. DRAKE: But it must absorb into the ground around it. TRUSTEE KRUPSKI: Not the creek. MARIF. DRAKE.: Not in the creek? TRUSTF. F. KRUPSKI: There's an interface there. There is freshwaterfrom the ground and the saltwater and the freshwater always flows into the creek.. 11 MARIE DRAKE: So all this water is being pushed down here and your saying not any bulkheading and the sheathing on the sides can not push it all sort of into the middle and push against this cauldron into our back. TRUSTF. F. KRUPSKI: It shouldn't. What about that tide gate? Do you have any information about that? TRUSTF~F. FOSTER: Yeah, JimMcMahon said that said that the tide gate was working, it's been repaired. TRUSTEE KRUPSKI: Do you know your neighbor Jim McMahon? MARIF. DRAKE: Yes. TRUSTEE KRUPSKI: I spoke with him today and he spoke with the other Trustees, and his claim was that the tide gate was functioning. MR. DKAKE: No, that has never been done. Never. TRUSTEE POL1WADA: Can I make a comment? Not to say that any of your comments are wrong but, I think you're in the wrong direction as to why the level of the sea is rising. If you the took the total volume of the creek and the total volume of the bulkhead, it's probably nearly... MAR . DRAKE: But I don t think it's just the bulkhead that's taking up space and pushing the water out, I think it's the bulkhead that's holding the water back which is pushing it over the road and pushing it into the yards. That's what I think. MR. DRAKE: You take a wall, you put a wall, alright, you put it into.~the-ground, now you have water on this side of the wall, okay, now when you got the tide coming in, especially fi-om a storm, when this bulkhead wasn't there, the water would come up and seep in. When you put a bulkhead in, it holds the water fi-om going in to the ground in that area, and what happens, it backs up and into our creek. We have lived in that house for 28 years, before he even bought that marina, and when that bulkhead wasn't there we never had a problem. As soon as that bulkhead went up, that's when the problem started. He lives exactly across the street from the marina and he's had more problem with water coming in than he ever did. There's a house down on the end, which never flooded inthe cellar, and now their cellar nearly floods. Since this bulkhead. It didn't happen the day they put the bulkhead in. TRUSTEE FOSTER: I know the groundwater tabled this year. It was up almost 5', higher it has been ~t 25::years. TRUSTI:rI~.. KRUPSKI: Now, I'm not an engineer, I'm a farmer. Maybe I'm wrong, but I don'i see how:the creek at a high tide could flow into the groundwater. MIL DRAKE: If you put a wall like this up, before where there is no wall, you have a creek there, when the fide came in, the water goes out. TRUSTF~F. KRUPSKI: Okay, I see what you're saying. TRUSTFF. POLIWADA: How much volume do you that bulkhead took though. How much volume? Where he put that bulkhead to the creek, compared to the entire creek. MARIF. DRAKE: Well were not saying that it's the size of the bulkhead that's taking up the space in the Water, we' re talking about its holding back the water. MR. DRAKE: If you lived where we're living and you'd been there for all those years and seen what was happening, and all of a sudden this happened almost overnight where you're getting floods in the back, where it gets up to the top, and it never did that before ... something's wrong. TRUSTEE FOSTER: I think we need to put a bigger pipe under the road.. TRUSTI~.F. KRUPSKI: The bulkhead was put in about what 85? 12 13 ALI AGARABI: Actually we bought it in 1966, and then we did the part of the lffi and bulkhead repair but the bulkhead has been there since 1966 and we had lift and the walkway done in 1980. The bulkhead that we have is more than 500' or more. Maybe 800' to 1000', one. Two, there are houses in the opposite direction of the bulkhead. Three, there are houses on the other side of the road. Four, usually we notify the people around that area that are next to us or right across from us and as you know we sent six notices to the people immediately next to us. They are not next to the marina. They are opposite side of the marina, number two, I'm sure that you understand the bulkhead is not going to raise the water up whatever it is they said and I mean you, you know can't be true, can't be true. If you move the bulkhead in here, the piling that goes in there on the bulkhead is not going to bring the water up, number one. Number two, now we are already behind the bulkhead so now we have a bulkhead there is no way they can tell me to take the bulkhead up. I'm going to put the sheathing there. Of course, when they put the sheathing it's exactly the same position. The water that going in back there is going to drain out. Now as for that sheathing that the water goes in, there are two types of sheathing. One is wider, other one is narrower. Already I asked that question. Where does the water go? The narrow sheathing has more space than the water goes out. They make holes, they make boles for the water to go out. My first question, if the water collects, how much pressure will be have? So as a result, the water goes in, that same water goes...an amount of water, as you mentioned, is not much. There is no way that the water goes in there that comes back~ So if you trap the water- and let it go~ thatZs true, but the water doesn't go anyplace. It's the same water, the water does increase or decrease this is not really the reason that they have a flood. We have many people who had floods in different times and so on and so on. This water goes up and down regardless if I make another sheathing there or I have the bulkhead or I don't have the sheathing, number one. Number two, right now what I am doing really.does not improve the marina, does not increase the dockage, does not improve my income. The only thing that this is, is five years of constant complaining to do something about this. Everybody comes there and says, why don't you do anything about that? I'm tired of hearing that something has to be done, because the dirt, the sand, the garbage is washing out into the water. I have to pay $400.00 a foot to prevent the dirt from going into the water. What do you expect? Tell me what I should do? How do I prevent the dirt from going into the Water? There is no other way. Do you think I'm happy to pay $400.00 per foot to prevent the dirt bom going into the water? That does not create one cent income and... MARrF. DRAKE: Well your not covering an existing .... ALI AGARABI: I'm covering only the existing. There is no other way. I asked the Board to come and see and give me a suggestion. I have had many people say.., i I don't like to spend that amount of money. I want to spend the minimum limit of money. It's not something that will increase my income, no. But I asked many experts. I don't know much about that. That' s what they told me: If you d0n't build it like that, you're going tO have problems in four or fi~ce y6~s.- When I built this, they gave me a guarantee for 30 years that this is not going to go. Do you want to come and see the wood. It's all destroyed. MARIE DRAKE: Well I can see your problem there but'we also have a problem in our yard. ALI AGARABI: I'm not doing something that improves or increases, or nothing like that. It's a large amount of money just to prevent that the dirt doesn't go in there. I've been postponed, postponed, postponed enough. I can't let it go for another three years. It's not easy. There is no income in that. It only the people, the pressure on the water, or the people 13 14 that come in there, I don't have a choice. I have to do something. If you come with some other solution, anybody comes up with another solution that is less and give me a guarantee for 15 or 20 years, I would appreciate it. I will tell you that this sheathing, the bulkhead that is there is not going to change, and the sheathing prevented the water that is next to your house. TRUSTEE KRUPSKI: I'm going to ask someone, Rob, do you have any training at all in hydrology? Could you please, and just for the record, how are you qualified? ROB HERRMANN: Well just the academics that I've had as a master's student and Duke and as a biology student at Brown. TRUSTF. F. KR~SKI: Okay, could you comment on the hydrology of the problem? ROB HERRMANN: Well I hesitate to do that because I didn't hear the entire beginning. The only part that I heard is the suggestion that somehow a bulkhead in the marina is causing flooding in a house across the street. TRUSTEE KRUPSKI: There is a gutter. The creek comes up and ends at the road. Obviously the creek used to continue up, to the east. The road was build over it. There is a storm culvert and a tide check. There is a wetland that goes behind these houses. They're saying that the water cannot escape fast enough, is that correct. MARIF. DRAKE: It's being confined in there, from what I see and I think it' s pushing its way though the cauldron behind the house. TRUSTF. F. KRUPSKI: Welt I have no formal training in this but this man does and I just want-to-.get-his opinion. - ROB HERRMANN: What water is being confined. The ground water table? MR. DRAKE: No the creek. TRUSTEE KRUPSKI: Rob; could you come up and take a look at the-map? (Talking regarding history of marina and application to Rob Hetnnann:) TRUST, F.F. KRUPSKI: Here's across the street. Right here. Here's Matt-A-Mar here. Here's the end of the creek. This gutter goes right into here like that. These properties. Here's the rOad.' ROB HERRMANN: I don't under the premise of that though. How could this land being retained physically cause an increase in flooding in the creek? (talking) TRUSTF. F. KRUPSKI: This was done in 1980. MR. DRAKE: Now what I want to know, is he putting the plastic sheathing back here to. TRUSTF. F. KRUPSKI: No. He's starting here and he's going to go this way. ROB HERRMANN: What he's saying could be possible, but if this whole section is bulkheaded and the changed result would be that rather than this property, if the conditions were that this property was being flooded, and this bulkhead was going to stop that flooding, in the channel right here... TRUSTEE KRUPSKI: There a tide gate here. ROB HERRMANN: There's a tide gate right here on Wickham Ave.? TRUSTEE KRUPSKI: That won't change what's existing because.. ROB HERRMANN: Whatever the conditions are now, this is not going to change them. MAR1-F. DRAKE: But they' re going from here, an existing bulkhead, out to here. ROB HERRMANN: Yeah, but that's not going to make a difference. MR. DRAKE: I understand what he's saying, but it' s up to you, the Board. We were under the assumption that this came all the way down to the road. Because he, lives right here, and it's even building up on his property, now, at high tide. It's stealing more and more land. You couldn't even get out that door. Now, we felt that if he brought that down and brought it 14 out 18" more, which is what we thought, it would be closing it in. That's what we were under the assumption of what was happening. MARI]~. DRAKE: But what I'm saying now too is, is once it's starts up here, is it going to lead to down there eventually, do you know what I mean? TRUSTEE KRUPSKI: Well, what happens is that the other was built out of old CCA. That was supposed to be the magic cure for everything Ok. What happens is that the worms eat into it and die. But, other worms come and keep eating it and die, and pretty soon the CCA is gone anyway: So, that wood that's supposed to last for 30 years lasted for how many years? This is the new magic cure. Plastic bulkhead should last forever right? MR. DRAKE: Yeah, this will just cause cancer. TRUSTEE KRUPSKI: Well, who knows. The sun will probably will just break it down in two years, but, who knows. But anyway, that's what happened to the CCA. It was supposed to solve everything. MR. DRAKE: Our understanding, we thought .... TRUSTF. F. KRUPSKI: That's not in the water so the CCA shouldn't be bad then. ALI AGAKABI: See it starts from here and goes around to there. MARIE DRAKE: It's not my business and I don't really care what he does at that end, but if it,s going to affect me at my end, then I'm going to have a flooded basement and everything else. ~?RUSTF.F.-KRUPSKI: I don't see how. it could there really though,. .. He's just putting the plastic, Lauren showed it to you in the office, the channel lock. MARIF. DRAKE: If that bulkhead is not causing the problem, then there is a problem with that cauldron. TRUSTEE FOSTER: Well that's the one thing that could most directly affect you is the tide gate not operating properly, and that would. Jim McMahon said he looked at it and said it was fine. MARIF. DRAKE: It seems like a contradiction there, somewhere. TRUSTF. F. FOSTER: Well maybe we should ask the highway dept. TRUSTI~.F. KING: They checked that earlier this Spring. I was up there taking water samples and everything was working. MAR1F. DRAKE: I was down here and I don't think it was made specific on the paper as to how far it was going to come down. TRUSTF. F. KRUPSKI: That's what I was looking for in the beginning, was a survey th_at showed, it, because some of these don't show it. Two of these don't show it. This one does. It shows it onthis one. Here's the road. MAR1F. DRAKE: See I was under the impression that it was coming down to here. TRUSTF. F. KRUPSKI: No. We were there last month and this is shot. This won't affect you. Any other comment?. TRUSTEE KING: Yeah, hold it in as close as possible. TRUSTF. F. FOSTER: Who's doing the work? ALI AGARABI: Same man that is going to do Mattituck Inlet. TRUSTF. F. KRUPSKI: Angelo? ALI AGARABI: Actually Rainbo came and saw it, Angelo saw it, and all of them say that this is what you have to'do. They said if you want anything different, they do it, but don't ask for a guarantee. 15 TRUST~.F. KING: Well I looked at the job he did over at the shipyard, and he's held it in as close as he can. TRUSTEE KRUPSKI: I was down there too the other day. He really did a nice job. ALI AGARABI: I went down and saw that. He showed me. He said this is what you need. Anything they're going to tell you is not going to work. He has problems with these. Some go out and some go in. This is drawn here, but it doesn't mean that it is 2 in. I asked any possible questions to him.. If you cut this down and make it narrower, you don't accomplish much. You are going to save 2 inches. But essentially he says that it has to be 18" from the back of the sheathing to back of the sheathing. TRUSTEE KRUPSKI: Are you satisfied with that? Or do you want to talk to him? TRUSTEF~ FOSTER: Well as long as he's doing the same job as he's doing up there. ALI AGARABI: He said he would talk to you. I asked him to talk to you. I told him to go and ask. TRUSTFF. KIlNG: Well it's not going to get any better by itself, that's for sure. TRUSTI~.F. KRUPSKI: Any other comments? CAC recommended approval. Do I have a motion to close the heating? TRUSTF~F. KING moved to close. TRUSTF. F. FOSTER: Seconded. ALL AYES TRUSTF~F. KING moved to the application with the stipulation that we keep that sheathing as close to the original bulkhead as we possibly can, and the space between the vinyl and the old bulkhead be filled with gravel. TRUSTEE KRUPSKI: We ought to put a time limit on the work. 5 Years? TRUSTF~F. KING: Akight. TRUSTF~F~ KRUPSKI: The Perirdts will be good for five (5) years. After five years, no matter what is done you will have to come back. TRUSTF. F~ POLIWAD seconded. ALL AYES HARLEY B. ARNOLD requests a Wetland Permit to construct a single-family house foundation. Location: 200 Bray Ave., Laurel. SCTM#126-01-05 TRUSTEE KRUPSKI: This was postponed. I hope no one sat here and waited. TRUSTEE KING moved to postpone until further notice. TRUSTEE FOSTER seconded. ALL AYES En-Consultanfs on behalf of STELLA & RENE VANGUESTAINE request a Wetland Pern-fit to~ coiasfru~t a ~et of 4'X85' timber :stairs and platforms from existing gazebo to beach. Location: 760 The Strand, East MariOn. SCTM#30-2-84.1 TRUSTF, F~ KRUPSKI: This should have a coastal erosion and Wetland Permit for this. I believe this was applied for a Wetland Permit. The applicam stated that the end of stairs are within the jurisdictional limits of Chapter 97. The neighbors have been notified. It seems to be the main theme tonight. ROB HERRMANN: IfI may, the project is self-explanatoxy, it's a standard type project. I did just want to restate for the record, to make sure that this does get processed as accurately as possible. The seaward portion are within the jurisdiction, Chapter 97 of the town code for wetlands permit. The letter was submitted with the application on Sept. 30, with the proof of mailings for the adjacent owners, the property was posted, and we did proceed in preparation for what I thought would have been a public hearing for any wetland permit as well as a 16 17 cOastal erosion permit. S° I just wanted that to be clear for the record and ensure that both of those approx)als are issUe& " ' TRUSTEE KRUPSKI: I don't think we have a problem with that. problem is ' cop~es as required The 15'...the stairs are proposed as a Standard just to reach the bottom of the bluff AS ~0U can on the plans here On the left side of the map, the stairs go d°wn jUst Past the to,e of th~ bluff to the beach. So the 15' from the high water is jUst a reference point. There s nottiing special about it. It Wasn't proposed specifically 15' frOm high Water. TRUSTEE KRUPSKI: Well, I think you'll have to put that on the survey. Show the location of the stairs on the survey. In order to get an approval, you'll have to have it put on the survey. ROB HERRMANN: Okay. Well we just proceeded the same way we do in any case except rather than us providing y0u~m.',th project plans, it's coming from the architects. They can lift this and put it.on that. But that s all Joe would do is to, in another words,~they have taken Joe a site plan. If you site plan and put k ~act TRUSTF, E KRess: · that's all. It should be on the survey thai'sail.' HOTM Wide is that CAC: plans. , don't quite knoTM how that happened. The t should ve been simple enough t° see'in the fields sinc~ it's]ust being ~ motion to close the hearing?. bulkheads, you typically don't require those placed on the survey. Is your policy for anything that does extend up land. TRUSTEE KRUPSKI: No, everything should really be placed on the survey. ROB HERRMANN: In the four years I've dear With the Board, you've never asked for that before with a dock or a bulkhead. TRUSTEE KRUPSKI: Are you sure? 18 ROB HERRMANN: I'm positive. Obviously we would have given it tO you if We needed it. here have been stairs in the past that you didn't ask to see on the su~¢ey if we Provided., specially on this one. The plan has been provided by a licensed professional. It's stamped and signed: SO, Joe Ingeguo is really no more, I don't know What the word is, but just to Propose the stairs to the architect. We'll get it to you either way, but I just want to clarify it for the futur~ so I can give you as complete as package as possible. TRUSTEE KRUPSKI: Well it's a fair question. We have to be consistent. Ask me tomorrow. Okay, is there a second? . ' TRUSTEE POLIWADA seconded. ALL AYES TRUSTEE POLIWADA moved to go offthe Public Hearings and go onto the Regular Meeting, TRUSTEE FOSTER seconded. ALL AYES V. RESOLUTIONS: En-Consultants on behalf of STELLA & RENE VANGUESTA1NE request a Coastal Erosion Permit to construct a set of 4'X 85' timber stairs and platforms from existing gazebo to beach...Location:. 760 The Strand, East Marion. SCTM#30-2-84.1 TR~USTEE FOSTl~R. moved to approve the applieat!on, TRUST~ POLIWADA seeanded. ALL AYES ~ . prOper-T Services on behalf of JOSEPH HERZOG request a Grandfather Permit to replace an existing bulkhead and decking in/kind, in/place. Location: 250 Williamsburg Dr., Southold. SCTM#778-5-8 TRUSTF, F, POLIWADA moved to approve the application with a 6ft. non-turf buffer. TRUSTEE FOSTER seconded. ALL AYES 3. Richard W. Vandenburg, Esq. on behalf of GORDON BARES requests a Grandfather Permit for dock and floating dock. Location: 535 Arsham0maque Ave~, Southold. SCTM#66-3-1 TRUSTEE KRUPSKI moved to table the application due to the concern of the size of the dock. Trustees will talk to attorney. David Cichanowicz on behalf of DAVID CORCORAN requests a Grandfather Permit to repair the retaining wall. Location: 10120 Nassau Point Rd., Cutchogue. SCTM#119-1-17 TRUSTEE moved to approve the application but must be replanted with beachgrass and Rosewood Regosa. TRUSTEE KING seconded. ALL AYES STRONGS MARINE requests a Grandfather Permit to replace, inkind, existing bulkhead. Location: Camp Mineola Rd., Mattituck. SCTM#122-04-44.2 & 122-9-3 &6.1 TRUSTEE KING moved to approve the application. TRUSTF~F. POLIWADA second. ALL AYES 18 19 MOORINGS: 1. MICHAEL SIRICO requests a mooring in Mudd Creek for a 20' outboard. ACCESS: Public. TRUSTF. F. POLIWADA moved to approve. Mooring must be out by Dec. 1 and in by April 1. TRUSTEE KING seconded. ALL AYES TRUSTEE KKUPSKI moved to adjourn the meeting at: 10:10 PM. TRUSTEE FOSTER seconded. ALL AYES Respectfully submitted by, LaUren M~ Standish, Clerk Board of Trustees 19