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HomeMy WebLinkAboutTR-05/28/1998Albert J. Krupski, President James King, Vice-President Henry Smith Attic Foster Ken Poliwoda Town Hall 55095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MINUTES MAY 28, 1998 PRESENT WERE: Albert J. Krupski, Jr, President James King, Vice-President Henry Smith, Trustee Artie Foster, Trustee Ken Poliwoda, Trustee .... CALL.MEETING TO ORDER PLEDGE OF ALLEGIANCE JUN 2 1998 NEXT FIELD INSPECTION: Wednesday, June 17, 1998 at 12 noon TRUSTEE SMITH moved to approve, TRUSTEE KING seconded. NEXT FIELD INSPECTION: Wednesday, June 24, 1998 at 7:00 p.m. TRUSTEE SMITH moved to approve, TRUSTEE KING seconded. ALL AYES APPROVE MINUTES: The Trustees monthly report for April 1998: A check for $5,852.09 was forwarded to the Supervisor's Office for the General Fund. TRUSTEE KING moved to approve, TRUSTEE SMITH seconded. ALL AYES i~.~,LM~0N~HLYREPORTi~ The Trustees monthly report for April 1998: A Cheat'"f0r $5,852.09 was forwarded to the Supervisor's Office for the General Fund. Public Notices are posted on the Town Clerk's Bulletin Board for review. i!II .' ~ 'i'~i~M. EN~ENTS~IiVERS/CHANGES ~i 1 , .aOgN ~,.. RUSSE!~L, requests : · and, Amendment'to,Permit to have two 4' X 20' floats and a 3' X 12' float instead of the 3' X 40' fixed dock. Located: 3145 Oaklawn Ave., Southold. SCTM 970-6-7 TRUSTEE KRUPSKI moved to table the application and reinspect in June, TRUSTEE KING seconded. ALL AYES 2 Geideman on behalf of~;EuSENEi'KEsSLER requests an pefmi~: ~398 to extend length of float 30' to better accommodate the use of pleasure boat. Located: 1825 Gull Pond Lane, Greenport. SCTM $35-4-15 Board of Trustees 2 May 28, 1998 TRUSTEE KRUPSKI moved to table the application and re-inspect in June, (the original drawing of the dock does not match what is actually there), TRUSTEE KING seconded. ALL AYES 3. Don Young on behalf of BERNARD ROBINS requests an Amendment to place planking, approx. 4' X 20' between wall and wood bulkhead to provide safe footing. Located: 1650 Strohson Road, Cutchogue. SCTM #103-10-20 TRUSTEE KRUPSKI approved the application with 1" spacing of planks to provide drainage, TRUSTEE KING seconded. ALL AYES 4. Costello Marine on behalf requests an to for the installation of a of her dock. Located: 2790 New Suffolk Ave. Mattituck. SCTM #123-9-1 TRUSTEE KING moved to approve the application, TRUSTEE SMITH seconded. ALL AYES 5. Costello Marine on behalf one INC., requests a ~ yearte construction of a fence, geoweb access ramp, jetty reconstruction, relocation of existing dolphins and installation of buffer piles and floats at the end of First Street, New Suffolk. SCTM 9117-8-20 TRUSTEE SMITH moved to approve the application for a last one year extension, TRUSTEE FOSTER seconded. ALL AYES 6. Spanakos & , on behalf of GREGORY POULOS requests an ~4293 to relocate the exist~ng stairway to within 15' from his property line. Located: 135 Soundview Road, Orient. SCTM #15-3-3 TRUSTEE KRUPSKI moved to approve the application, TRUSTEE FOSTER seconded. ALL AYES 7. oflCHARLESI B~Q~ET .~requests an ~to Cage r~cks'0n inside area of sea wall, re-coup any rocks pulled down from wall to beach, sand bag a 4' high X 196' long, then cover 8" to 12" of area with beach sand and plant vegetation suitable to grow for retention, install 1,275 yards of beach sand on inside wall back to second retaining walt. Located: 1580 Robinson Lane, Peconic. SCTM 998-5-2, 3 & 4. TRUSTEE KRUPSKI moved to table the application, (need cross section of caged rock near wall and re-vegetation of beach, rock recovered would be maintenance), TRUSTEE SMITH seconded. ALL AYES 8. '~i~C~i~i~?~G0'!~equests ani~A~endmen~.¥~i~P~m~t~578 to supply water from main house to south side of existing beach house for purpose of watering plants required in above permit and washing sand from feet when returning to main house. Please note that no plumbing will be inside the beach house itself. Located: 8225 Nassau Point Road, Cutchogue. SCTM 9118-4-1~ Board of Trustees 3 May 28, 1998 TRUSTEE KRUPSKI moved to approve the application, TRUSTEE FOSTER seconded. ALL AYES 9. JAM~S ~.ING requests an nt~ add a 5' X 25' finger float with 1 pile to an sting g dock. Located: 220 East Mill Road, Mattituck. SCTM %106-4-6 TRUSTEE SMITH moved to approve the application, TRUSTEE POLIWODA seconded. TRUSTEE KING abstained. 10. requests a WalVer to construct a 20' X 20' storage Located: 630 Tarpon Drive, Greenport. SCTM #57-1-7 TRUSTEE SMITH approved the application based on new plan to make the garage smaller, TRUSTEE KING seconded. ALL AYES 11. William Goggins on behalf of THOMAS & MoIR~ MAsTRO requests a wa£9er for an existing fence attached to bulkhead. Located: 6760 Peconic Bay Blvd., Laurel. SCTM 9126-11-3 TRUSTEE KING moved to approve the application, TRUSTEE FOSTER seconded. ALL AYES 12. requests :~to build a 14' X 21' garage. 704 Wiggins , Greenport. SCTM 935-4-28.24 TRUSTEE FOSTER approved the application with condition that a row of haybates be placed between bulkhead and project, TRUSTEE KING seconded. ALL AYES 13. En-Consultants Inc., on behalf of~HARRY HOHN requests a construct a 10' X 35' deck onto northwest corner of g 1 1/2 story dwelling. Located: 8800 Nassau Point Road, Cutchogue. SCTM 9118-6-3.2 TRUSTEE KRUPSKI moved to approve the application, TRUSTEE KING seconded. ALL AYES to erect a 183+' picket Locat~ Central Ave., next to Mobile Gas Station, Fishers Island. SCTM 96-4-11 (KEN EDWARDS inspected for us) TRUSTEE KRUPSKI moved to approve the application, TRUSTEE SMITH seconded. ALL AYES 15. .i~N~Ti"~R~GER requests a iWai~er~ to construct a 6' high privacy fence along s~de of property and 4 h~gh down towards the bulkhead. Located: 2395 Bay Ave., East Marion. SCTM %31-18-1 TRUSTEE SMITH moved to approve the application, TRUSTEE POLIWODA seconded. ALL AYES 16. '! i!~-21!iiRARIDON, request a~idne the construction of a single family ng, and the creation of a fresh water pond. Located: Crescent Ave., Fishers Island. SCTM 96-6-20.5 TRUSTEE KRUPSKI moved to deny the application as this does not expire until the end of this year, at which time they can then re-apply, TRUSTEE POLIWODA seconded. ALL AYES Board of Trustees .... 4 May 28, 1998 17. ESHE~ requests a construct a 2 1/2' X 327' ' X 4' platform at the end inclusive of the 327', elevated 2 1/2' above marsh. Located: 520 New Suffolk Ave., Mattituck. SCTM #114-12-4 TRUSTEE KRUPSKI moved to table the application and re-inspect in June, TRUSTEE POLIWODA seconded. ALL AYES 18. DONALD LE~SLIE requests a~T~nsfe~'of all permits from David Merz to Donald Leslie. Located: 340 Robinson Road, Greenport. SCTM #34-5-13 TRUSTEE SMITH moved to approve the application, TRUSTEE POLIWODA seconded. ALL AYES ~IU~ 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. 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. First Coastal Corp. on behalf of requests a to repair and reset both of the ng stone revetment and 420' of south shore stone revetment, reset existing boulders to their original angle of 1:15 to 1:2 by adding a max. of 3,000 tons of i to 3 ton stones along the base of the north shore stone revetment and 2,500 tons of 1 to 3 ton stones along the base of the south shore stone revetment. The proposed stones will be placed above AHW and the elevation will not exceed the elevation of the existing concrete and stone sea wall. Located: East End Road, Fishers Island. SCTM ~1-2-4 TRUSTEE KRUPSKI: Is there anyone here who would like to speak either in favor or against the application? We asked for a new survey depicting all that was there to be put on the survey. I'll make a motion to table the application until we can get a corrected survey. TRUSTEE KING: Second. ALL AYES 2. J.][.O. Consulting on behalf of J~N'.t. ~ih~D~N~ requests a ~for the installation of a 60+' of roCk along the top of an existing rock slope which is located where the existing parking lot meets the front of the existing office building. The plan is to place filter fabric on grade, to place a 4" layer of rock chips on fabric as a base, place 12" 18" boulders on the base and filling any voids between the boulders with smaller stone. Located: "The Gloaming", Fishers Island. SCTM ~10-9-19.1 TRUSTEE KRUPSKI: Is there anyone here who would like to speak either in favor or against the application? Jim and Artie looked at this last month, right? Board of Trustees 5 May 28, 1998 TRUSTEE KING: This was separate from the other building so I suggested a full application. TRUSTEE KING: Move to close the hearing. TRUSTEE SMITH: Second. ALL AYES TRUSTEE KING: I'll make a motion to approve the application. TRUSTEE SMITH: Second. ALL AYES 3. Donald Feller on behalf of JAMES MINOGUE requests a ~Wetland ~ermlt~to construct renovations and an addition to first floor of existing house and a new second floor to north east side of house, and remove existing deck. Located: 5550 New Suffolk Ave., 433' west of Deep Hole Drive, Mattituck. SCTM #115-10-6 TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor or against the application? TRUSTEE SMITH: Motion to close the hearing. TRUSTEE KING: Second. ALL AYES TRUSTEE SMITH: Motion to approve the application. TRUSTEE KING: Second. ALL AYES 4. Jim Fitzgerald on behalf of COyE coNDoMINi.UMS requests a Wg~d !P~mit.~to~. ~ ~ . ..~ ~ · maintenance dredge to 3' below ordinary low water approx. 90 c.y. from channel at entrance to Homeowners Association docking area, dredge as necessary in the same area to maintain width of depth of entrance channel on max. of 3 additional occasions during the next ten years and spoil will be removed to an upland location for deposition. Located: off Main Bayview Road, Southold. SCTM #87-5-20 TRUSTEE KRUPSKI: Is there anyone here who would like to speak either against or for the application? JIM FITZGERALD: I'll be happy to answer any questions as to the impact on the county property. We have the County approval already. TRUSTEE KRUPSKI: Is there any other comment on this application either in favor or against? TRUSTEE SMITH: I'll make the motion we close the public hearing. TRUSTEE KING: Second. ALL AYES TRUSTEE SMITH: I'll make a motion we approve the application. TRUSTEE KING: Second. ALL AYES 5. En-Consultants on behalf of iCHARLES BOVINO requests a W~d~l'~erm~%~,to construct a 20~+' of secondary retaining wall generally along toe of bluff slope landward of existing retaining wall. Southerly end of wall will tie into existing southerly return on adjacent property to south. A 10' return will be constructed on the northerly end. Approx. 45 c.y. of clean sand will be trucked in and used for backfill. Located: 9775 Nassau Point Road, Cutchogue. SCTM ~119-1-5 & 6 TRUSTEE KRUPSKI: Is there anyone here who would like to speak either in favor or against the application? ROB HERRMANN: Just to refresh the Boards memory and bring everyone up to speed this was held over from last month and initially it was just an application for the retaining wall, the secondary retaining wall behind the existing timber bulkhead. At the time there was some questioning as to how the southerly Board of Trustees 6 May 28, 1998 return would be constructed and also there was actually a second application for some grading of the embankment with planting and stairs and at the time the Board had asked that we put all of the proposals together into one application and one plan. Charles Bovino, Tom Samuels Sr. and Tom Samuels Jr. came up with most of the rest of the plan, and they will answer any questions the Board may have. As that project description is now somewhat incomplete and inaccurate, this could reiterate what is actually on the plan that the Board has in front of it now. The plan prepared by Samuels & Steelman is showing the 200' secondary retaining wall with acute 10' return both going directly back at right angles into the bluff, a set of stairs and deck, a retaining wall along the side of the property and also fill with plantings. What I have proposed is plantings for the site and they are reflected on the plan by Samuels & Steelman and they over see the bank. The beach grass and then use bayberry and beach rose in order to stabilize the soil. I mentioned the letter that was submitted to the Board. If the Board has any other suggestions we could use something else that would give better ground coverage we think for the scope of this, these species should probably be adequate using beach rose and bayberry to support the beach grass. TRUSTEE KRUPSKI: I think one of the comments from one of the neighbors last week was one of our concerns is how the final grade if gonna affect the neighbors property to the south. ROB: The question should be for Tom Samuels Sr. in terms of where and how far above grade that retaining wall was gonna be. The bulkhead is the flat area and then there's the retaining wall. What was the final decision, Tom? TOM SAMUELS: Four feet above grade. ROB: And so essentially what will happen in terms of the impacts to the neighbor is this site is gonna be regraded to a more gradual slope down to the retaining wall. Except for putting a retaining wall across the neighbors property there is nothing more that can be done to help save a lot of that property without them coming in for a permit. It's not gonna negatively impact that property. It's just gonna gradually slope and (could not hear him). NEIGHBOR: I'm the neighbor south of this project. I had a question the last time I saw you on how they could taper down and what was being done (could not hear him) My concern was and it was stated to me (he spoke too Iow, could not hear him) TRUSTEE KRUPSKI: We just received this today, so we haven't had a chance to review it either. I would assume that they would have taken steps to answer your concerns. I think we are gonna recess this for now until you settle it outside. TRUSTEE SMITH: Second. ALL AYES (Board came back to this application) TRUSTEE KRUPSKI: Is there anyone in favor or against the application? TRUSTEE KING: It's nice to see that the neighbors are working it out. TRUSTEE SMITH: I'll make a motion we approve the application as per plans submitted today, 5-28-98. Board of Trustees -~ 7 ~ May 28, 1998 TRUSTEE KING: Second. ALL AYES 7. Eh-COnsultants Inc., on behalf off'LAUGHING WA~ERSiPR0PER~¥ request a!He~and Permit to dredge two lrregu, areas used for m~ina to max. depth of -4' at MHW. Approx. 3,950 c.y. of sand/silt spoil to be deposited on two spoil sites as indicated on plans. Located: Minnehaha Blvd., Southold. SCTM #87-3-2.1 & 60 TRUSTEE KRUPSKI: Is there anyone here who would like to speak either in favor or against the application? We had this application but didn't have too much information on it and I doubt there will be any decision on this. ROB: I assumed that and what happened with this is we get you some preliminary paper work and we try to get the hearing on as soon as possible because we suspected it may be a fairly long process. As the plans were initially submitted before we got them into Town we had some feed back from the DEC who has the various changes. And Tony Luendowski was working on the plans and survey and after multiple revisions and changes and clarifications which I hoped would ultimately benefit this Board, I held off to get what may be a final proposal. I know there are various members of the Association here, and so what I hoped to accomplish at this hearing was just to get the project in front of you, to discuss what is being done. Bill Boyle is the former chairman of the Association is here as is the current chairman. And as we suspected the Board might have questions and concerns. So briefly of synopsis of what is being done. There are two sites identified by two tax map numbers. They are on page two of three and three of three in front of you. There is the South Marina which is also known as the Muskaday Bridge Day Area and the North Marina or the Mineato Marina and what is being proposed essentially is just to dredge both of those areas for continued boating access. We are showing on each of those plans of the area being dredged and the spoil area. For the Mineato Marina the North Marina right along Minnehahha there is that very large lawn area between the road and the North Marina that is the proposed spoil site. Essentially the spoil is just along that lawn area behind that bulkhead. And the second case the proposing spoil be placed along essentially what is Association beach which is immediately adjacent to the Town of Southold beach and we would expect there to have some re-entry of that sand and material back into the waterway. That's the basic proposal. I'm not sure any members of the Association want to summarize or if the Board has any questions as to what is being done. TRUSTEE KRUPSKI: I think as far as the spoil site goes, we'll have to take a look at it and see how it affects the run off into the upland into the creek. As far as the channel itself, you would have to meet with someone out there next month on field inspection. They can give us an idea. It would be better if there were stakes put in the mud to give a better visual idea of how the scope of the project will be. ROB: Just the limits of dredge. TRUSTEE KRUPSKI: Has this been dredged in the passed? Board of Trustees May 28, 1998 MR. BOYLE: Yes, we have a permit. I think it was 1959 the last time we dredged the North Marina. The South Marina we don't have permits for. ROB: The last permits is Permit %68 issued by the Town Trustees in 1959 and there was actually a DEC permit for some minor dredging associated with the bulkhead work from 1988. TRUSTEE KRUPSKI: I'll make a motion to recess the application until next month. TRUSTEE KING: Second. ALL AYES X 128' long area within a dredged canal of Horseshoe Cove, and approx. 200 c.y. of dredged sand spoil will be placed on upland adjacent to previous spoil site. Located: 4560 Vanston Road off Lowland Road, Cutchogue. SCTM %111-10-1.1, 1.2, & 5 TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor of the application? ROB: We had an on site inspection. I just wanted to submit this authorization letter. That's a letter from Mr. William Baxter who owns the property that we propose to put the spoil site. I met with Mr. Baxter on site today and arranged a meeting with him and he supported the project and signed off on that letter. TRUSTEE KRUPSKI: I think the only question we had when we were out there was the method of dredging. Some of the Board members thought that drag line would be more effective and efficient in getting a more uniform bottom depth there and doing the minimum amount of disturbance as opposed to clam shell which might not be as... TOM SAMUELS SR. I couldn't agree with you more. Again were up against this DEC prohibition against doing dredging. They're variations of doing open bucket is still allowed. They would rather see a closed bucket, but Artie Will tell you such a thing as a water tight clam shell bucket. TRUSTEE FOSTER: Not as bad as a drag line, it can't do the job. TOM: You can't grade it as well with a clam shell bucket. It takes a real good operator. But it can be. There is no alternative in the ..... TRUSTEE KRUPSKI: That was our question. TRUSTEE SMITH: On Robins Island they used drag line. TOM: You mean at the oyster house? TRUSTEE SMITH: No at.the Island itself, in front of the dock. Actually they have two cranes. They have on on the beach and one on the barge. They pull the bucket back and then the other crane will fill it. TOM: That's called a Salomin Bucket. It is a good little tool. What is amounts to is your actually pulling the bucket toward the shoreline with that shore crane and your using the crane on the barge as an anchor to hold the cable to pull it back and forth. We have a Salomin bucket. It's probably in six foot of weeds right now. We just can't use it anymore. That was rather a unique situation and I don't know that they have any alternative over there because they were very interested in Board of Trustees May 28, 1998 fine grading that area for the LST. That was the problem. We didn't do that job. When we did Mr. Blair's creek I'll bet it was 15 years ago, we used a drag line and it worked very well. TRUSTEE SMITH: The DEC said you can't use it? TOM: It's one of the general conditions. What that means is on every permit you can't get a variance anytime. TRUSTEE KRUPSKI: Now you did that 15 years ago? What depth did you do that to? TOM: 5' at mean low. You have to stay ..... if you get beyond 6' your out of the DEC jurisdiction and strangely enough you don't need a DEC permit. If you dig below 6 feet. So they keep you above 6' So you ask for 5 and you try to hold it. It's not as easy as you think. It really is shoaled. I tried to get in there and I couldn't. TRUSTEE KRUPSKI: I think one of the considerations we gave them was that it was maintenance dredging. Who did that originally? TOM: Originally Dr. Lesser, who owned Mr. Blairs' house. Lesser pushed it and got the others to go along with it. TRUSTEE SMITH: I'll move to close the hearing. TRUSTEE KING: Second. ALL AYES TRUSTEE SMITH: I'll make a motion we approve the application. TRUSTEE KING: Second. ALL AYES 6. En-Consq~ant~_Inc., on behalf of .RicHARD & jANE ROHMAN requests a W~t~an~ Permit to construct a 226 s.f. two story addition and a 280 s.f. second story addition to and over an existing one story dwelling and place approx. 370 c.y. of sand fill to raise first floor elevation of house to 10' Located: 240 Bay Blvd., Greenport. SCTM #43-5-9 TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor or against this application? ROB: Mr. & Mrs. Rohman have appeared here tonight as well as Tom Samuels Who is available to answer any questions regarding the additions. Essentially the project is fairly straight forward and we're asking from the setbacks from the edge of tidal wetlands. I discussed briefly with A1 in terms of the wetland line. Just to clarify the point on that line so the Board has an understanding where that line originally came from when I delineated it. There has been a rather significant road both forward and backward with some of this vegetation during the Spring. You see a sandy area that has been parts that were covered.up by vegetation was devoid of vegetation. It's really scientific and somewhat subjective at the same time where I had originally placed the line was where the dense high marsh spartina patents had reached and it was marked by (could not understand this word) and marsh and specifically marks the edge of tidal wetlands. Above that was this sandy beach area that was mixed with patents, beach grass and golden rod. TRUSTEE KRUPSKI: In our case where we're compelled to be more conservative on the wetland line which would bring it up to the wood high wall. It's not gonna have an affect on the project itself, whether that line is where we say it is or whether its marked on the survey. We'd like to have it moved back on the survey to where we say it is. But as far as the project itself, Board of Trustees 10 May 28, 1998 it's not gonna have an impact. Our concerns is gonna be the same. You still have small lawn area between that. So our concerns are gonna be the same from where it says on the map. The big issues are the run off and exactly ...... is there a cross section of what the house is gonna look at with the grading. that's what we were trying to figure out in the field. Because it looks like it's gonna be a fairly significant slope. We tried to measure off from the current house and we tried to see how where the fill is gonna end. ROB: Joe Ingegno had used a scan of one approved slope. The first floor elevation of the existing house is 7.8 feet, so your just going up 2.2 feet. There's been a discussion of potentially raising the house without using anything. The reason that the fill is used is other wise your having an exposed foundation which is usually not desirable to the applicant. Mr. & Mrs. Rohman might be agreeable to doing that or reducing the fill in half. So perhaps reducing the amount of fill that's actually gonna be there. The change in the grade is not really significant at all. If you look at the existing contours in relation to the proposed contours, and the existing are essentially spot elevations on the dotted lines and proposed house on the solid lines with elevations. Where your seeing the six foot elevation, if you notice the spot elevation is closer to that six, with 5.4 and 5.06, your talking about less than a foot. And that's the same even as the highest point when you go up to 10 foot which is to meet the FEMA Code, it's currently 7.8. So the largest increase in elevation is gonna be 2 feet right at the house and then less than 1 foot for the rest of the house. So it really is fairly a gradual change in grade from what's there and the only purpose is to meet FEMA which requires first floor elevation of 10 at the zone A-7 where the house actually is. But in the upland portion it's A-7 which requires an elevation of 10. Again I think the Rohman's will be amendable to reducing some of that fill if that would satisfy the Board. DICK ROHMAN: In speaking with Tom Samuels and our Architect, our thoughts were that we would work with whatever grade that would make the house look proper on this particular parcel. We were also very concerned about any kind of a run off that would infringe on our next door neighbor. We would architecturally decline whatever (could not hear him) Right now we don't have a problem with doing any changes at all. TRUSTEE SMITH: Move to close the hearing. TRUSTEE FOSTER: Second ALL AYES TRUSTEE SMITH: I'll make a motion to approve the application with condition that drywells be placed to contain roof run off. TRUSTEE FOSTER: Second. ALL AYES 9. En- nts Inc., on behalf of.ROBERT ~R~RDS requests a -to construct timber stairs consisting of a 5' X 5' platform at crest of bluff, 4' X 18' steps, a 6' X 8' platform, 4' X 6' steps and a 4' X 10' platform behind existing bulkhead. Located: 1600 Jackson Street, New Suffolk. SCTM #117-10-12.3 Board of Trustees 11 May 28, 1998 TRUSTEE KRUPSKI: Is there anyone here who wishes to speak either in favor or against the application? ROB: This is a pretty straight forward project with steps down that embankment and if the Board has any questions I will answer them. TRUSTEE KRUPSKI: Can we have the steps put on the survey? ROB: Sure. TRUSTEE SMITH: Motion to close the hearing. TRUSTEE POLIWODA: I'd like to make a motion to approve the application. TRUSTEE KING: Second. ALL AYES 10. En-Consultants Inc., on behalf of '~NGRID MALLE¥ requests a construct a 115+' timber retaining wall to be ng retaining wall to east, to restore the stabilized bluff and fill with approx. 1,000 c.y. of clean sand to be trucked in from upland source and planted with beach grass, rosa rugosa and bayberry and construct 4' X 87' stairs from crest of bluff to beach. Located: 2635 Sound View Ave., Mattituck. SCTM #94-1-12.1 TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor of the application. ROB: This site looks like a meteor hit the side of the bluff there. So what we have is a fairly standard bluff stabilization project except the scope is a little steeper than usual. What we are showing is the property that is wedged between two other bluff stabilization structures. There is a retaining wall that was permitted by this Board for Chris Emery last year and there's also fairly unusual looking structure to the west that's a combination of concrete and gabions. What we're to do would be to align the retaining wall between those structures. If you look at the project plan, actually the retaining wall to the east, that return does come back to the property line. But what we would do is not leave a gap there. We would actually tie the face of this wall into the face of the other wall so that we have on configures retaining wall. It should be fairly easy Rambo constructed the Emery wall and will be constructing this one. To the west it was both by opiniOn and Tom Samuels that to try to tie into that other structure would not be a great idea. That gabion concrete wall would probably be undermined, to try to tie a retaining wall into that. We're estimating that you probably need at least 1,00 c.y. of sand to try and get that natural angle of propose. You'll recognize the plantings that I proposed which is standard to the bluff on the Sound to over seed with wheat grass and use rosa rugosa as additional vegetation al'ong there. There's also a set of stairs proposed in the same location as what's left of the distance there. There is some small remnant of timber steps on the bluff and we would essentially be reconstructing these stairs in that same location. There's been provided a plan and also a cross section of that. TRUSTEE KRUPSKI: I have one question. One thing kind of stands out here. There will a gap between the neighbor to the west and this new wall? Board of Trustees -~ 12 ~ May 28, 1998 ROB: That's correct. TRUSTEE KRUPSKI: That's a problem. ROB: It is, but Tom if you want to help out here. TOM: The problem is that the (could not hear him) gabion wall is concrete and V-bar sticking up ...... TRUSTEE KRUPSKI: When did you build that? TOM: If the elevation is too low, and it's been over the top many, many, times, in order to tie into it we have to encroach on his property. I wouldn't mind doing that if they would get permission. But the problem is you get into problems with lot lines and then they want liability insurance and covenants on deeds and everything else. ROB: That was the same as the Dambassis application when we went to through the owner changes. TRUSTEE KRUPSKI: But this is ..... Did Malley approach the neighbor and try to ...... because this is gonna affect her in the long run. It's gonna affect him certainly, but it's gonna affect her in the long run to have that hole there. TOM: There's no question about it, but the problem is your not tying into much of the structure. TRUSTEE KRUPSKI: I realize that, but something would be better than nothing. TOM: Well, Rob can contact Mrs. Malley. The two brothers that own that house with the gabion wall, that's why it's incomplete. There's some disagreement. It's really funny because on the west side they actually encroached on the neighbors property and if you noticed when we built that bulkhead, we had to build a bulkhead behind the gabion wall. So they never had the benefit of having a survey and clear the property line when they built this thing. They looked at the bluff and said, 'our property line goes this way', and that's why it's off by 10 feet. We've got 100 feet but it's 90' on their property and 10 on the neighbors. I'd like to go behind it. ROB: It seems like that property owner should apply for a permit to complete that project. If one exists. TRUSTEE KRUPSKI: It could have been done before ..... we only had jurisdiction from 1991 on the Sound. It could have been prior to that. ROB: The only thing you can do is extend where the westerly design is. He's gonna have to come over with the retaining wall from Where the end of that concrete wall is and still come back with a return. TRUSTEE KRUPSKI: I'm sure it's gonna be involved, but it's gonna be more involved if they start loosing acre's. TOM: That gabion wall isn't really protecting that property very well. It's only 3 feet above grade. TRUSTEE KING: Even the property to the east has lost a lot. TOM: Well to the east is the Emery property. TRUSTEE KING: That's bulkheaded down to the toe and there's a hole there too. That whole area looks like a bomb went off there. TOM: This Malley property is the worst I've seen in a long time. Board of Trustees 13 May 28, 1998 TRUSTEE KING: There's a pile of top soil right down on the beach. TOM: It's the nature of the soil there. It's very heavy, and it doesn't just erode, it shears. TRUSTEE KRUPSKI: Well, I'd like to see some effort made by Mrs. Malley. Because it's gonna affect here eventually. So it's really to her advantage to compel them to plug that hole with something. TOM: May I suggest something? May I suggest approaching the neighbor with the idea of putting armor, like 3 ton stones in the breach on filter cloth? ROB: That would be a better idea. TOM: At Mrs. Malley's expense but that's not a great expense. That would close up the breach and reflect wave energy away from the return. TRUSTEE KRUPSKI: That would do it on a lot of storm events, I'm sure. TOM: In fact, I'll volunteer to make that decision that that would be better. And include that in the permit. TRUSTEE KRUPSKI: We can't. Because it's got to be on the neighbors permit. TOM: If he .has one. TRUSTEE KRUPSKI: Then he'll have to get one. TOM: I mean as a condition to put the rock on his property. TRUSTEE KRUPSKI: No, we can't do that. You can't go onto his property. TOM: And I can't go on it. ROB: Then we have to hold up this application? TRUSTEE KRUPSKI: No, we don't want to hold her up, but it's just common sense. TRUSTEE SMITH: How about if they got permission from the neighbor to put this rip-rap, or whatever, and we put it on this permit. TRUSTEE KRUPSKI: No, we can't do that. ROB: Well, that's effectively what we're doing with the Cohen property. Your tying the Malley retaining wall into the face of the Cohen retaining wall with her permission. Emery has a permit to construct a retaining wall across the length of their property, which they've done. And now we just pass forward their letter'of permission. TRUSTEE KRUPSKI: But that's gonna be Emer¥'s retaining wall. With the retaining wall on Emery's property it's gonna be his. ROB: Well it is, but what I'm saying is there's a portion of this wall that is gonna tie into that face on the Cohen property. TRUSTEE KRUPSKI: But they have a permit, they're gonna own the structure. I wouldn't hold this up because of that, I'm just saying it should be done. ROB: I'm just trying to clarify the procedure. I'm confused as to what you want us to do. Convince them to apply for a permit? TRUSTEE KRUPSKI: Yes. That's what we have done in the passed. ROB: Ok. What if they don'.t want to do that? TRUSTEE KRUPSKI: They don't have to. But they're gonna have a big hole there though. Board of Trustees 14 -~ May 28, 1998 TRUSTEE SMITH: This is something that can be done after you do your structure. We're not gonna hold your structure up. TRUSTEE SMITH: Motion to close the hearing. TRUSTEE KING: Second. ALL AYES TRUSTEE KRUPSKI: I'll make a motion to approve the application. TRUSTEE KING: Second. ALL AYES 11. Dal Construction Corp. on behalf of'~-~DANiI'EL~'J.~'~OX requests a to remove an existing 6' X 40' floating dock .ace with a new 6' X 60' floating dock with an 8" X 20' pile. Located: 470 Wiggins Lane, Greenport. SCTM 935-4-28.28 TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor of the application? Wayne Helse: I'm from Dal Construction Corp. I'd like to submit the DEC permit and I'd also like to apologize to the Board. I went out there to meet with Artie and I saw that the dock has already been installed. Not to my knowledge. We did construct it and we had it tied to the bulkhead, pending your approval. Potential approval. I was shocked to see that the old dock was tied to the bulkhead and the new dock is in it's place. Again, I would have to apologize for that. It is not common practice for us to apply for a permit application and do it prior to getting it. If we're gonna do a job illegally, we would certainly do it without an apPlication. I'm assuming I haven't been in contact with the owner he took it upon himself to slide it out there and the other one in and I don't know why. If it does pose a problem I could get the guys out there tomorrow and take it back out and put the other one back in pending your approval. TRUSTEE FOSTER: He didn't put that pile in too did he? MR. HELSE: No, the piling was actually there. That was simply added to the application. I assume the he is receiving the new bOat and the delivery on it prior to him getting the application. TRUSTEE SMITH: This guy wants to put another 20' section to the ..... MR. HELSE: It's another 20' section. There's a ton of floats out there. It's so shallow by the bulkhead that I guess it's the only way they can actually moor. The adjacent property across the canal must have an 80' float ..... TRUSTEE SMITH: But what I'm getting at is we denied this kind of thing in Gull Pond. TRUSTEE FOSTER: But this is pretty much private bottom up there, Henry. They own the bottom there. But your right, every float up there is 50 to 60' long. TRUSTEE KRUPSKI: And that's the reason, because, it's private bottom. SCOTT HILAR¥: Does that change your recommendation? That the bottom is privately owned? Even if the work has already been done without approval? TRUSTEE KRUPSKI: What's your recommendation? SCOTT: The CAC has no comment on construction as the work has already been done. Since a Wetland Permit is required prior to construction the CAC recommend a violation issued. That's gonna Board of Trustees 15 May 28, 1998 be our blanket recommendation for any project anywhere that's been done without prior approval. TRUSTEE POLIWODA: I have a question for the Board. When you a piece of private bottom do you feel it's right for the the guy to bulkhead and put floating docks the full length of the bulkhead? TRUSTEE KRUPSKI: No, it was bulkheaded before. TRUSTEE POLIWODA: Should anybody have the right to have a float the entire length of their private property? If you have 200 feet of waterfront canal and you own the bottom, do you have the right to 200 feet of floating dock? TRUSTEE KRUPSKI: We addressed this last year with Siriano on East Creek. He wanted to bulkhead his basin which we said no you can't, you can put in a low profile bulkhead. But if you want that basin dug out into his property, if you want to enlarge that go ahead and enlarge. You can make your own basin and put any kind of float in there that he wants to because it's his own property. It's the same kind of concept. If they want to take their property out and cover it with a float historically we don't have a problem with that. It's happened in a few places where they've taken it out upland. The work they did on Haywaters, that they did a year or two ago, they took a lot of upland there. TRUSTEE FOSTER: Motion to close the hearing. SCOTT: Is that gonna be a different criteria then for a violation? TRUSTEE KRUPSKI: We should look into that before we issue a violation. Talk to the Bay Constable. TRUSTEE SMITH: Second. ALL AYES TRUSTEE POLIWODA: How about we motion to table this and discuss it further. TRUSTEE KRUPSKI: Do you want to look at it next month? TRUSTEE POLIWODA: Yes. SCOTT: I don't think looking at it is gonna make a difference. And a similar structure was there previously. There's no negative impact. TRUSTEE KRUPSKI: I think Ken is also talking about the amount of bottom coverage you can have on privately owned land. TRUSTEE SMITH: I don't have a problem with this particular application. I don't think we ought to start our crusade right here. I think we ought to discuss it and decide what we want to do before any future applications come in so that we have something to work on. TRUSTEE FOSTER: What crusade? Are you talking about length, width and size of dock? TRUSTEE SMITH: Yes. Let's not make this guy ...... TRUSTEE FOSTER: Well no, but every float in there is 50, 60, 70' long. I thought the issue was the fact that it's already in place and there was no permit issued. Personally, I happen to know that there's another gentleman here tonight who's here on behalf on something you inspected and everything has been done for years, and these people inherited this nightmare. It's not their fault. And certainly ...... and this is the reason for this, because of things like this. That's why this all Board of Trustees 16 - May 28, 1998 happens. If you don't want it to happen you have to do something about it. TRUSTEE SMITH: You can have the Bay Constable look at it and issue a violation that it was done prior to approval. TRUSTEE KRUPSKI: There's a motion on the floor to table this. Is there a second? TRUSTEE FOSTER: Second. ALL AYES TRUSTEE KRUPSKI: We'll send the Bay Constable down and we'll get a violation. TRUSTEE FOSTER: It wasn't posted either. MR. HELSE: Yes, we posted it. TRUSTEE FOSTER: Where? MR. HELSE: I don't know where, but I know it was posted. 15. requests a Wettand Permit for existing deck and patio around pool, a shed, walkway to water, fencing around property and pool, a 10' X 51' deck attached to back of house and bay window. Also to Transfer Permit #649 from Alfred Nadel to Patric Mortimer for bulkhead, catwalk, ramp, and float with 2 pilings and brick patio. Located: 3895 Robinson Road, Southold. SCTM #81-1-8 TRUSTEE KRURSKI: Is there anyone here who would like to speak in favor or against this application? TRUSTEE SMITH: I looked at this and everything is there and it's on the survey and all behind the bulkhead. STEVE PERRICONE: The Mortimer's have asked me to add an extension to the deck to be even with the existing pool deck. TRUSTEE KRUPSKI: Could you just draw that on the survey for STEVE: I have a new drawing here. 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 based on the new submitted plan give at the meeting of 5-28-98. TRUSTEE KING: Second. ALL AYES 16 and brick patio. Located: 1970 Ole Jule lane, Mattituck. SCTM #122-4-7 JOHN ANDREJACK: We went to great lengths to keep it inside and outside of the 75' wetlands setback. However, we feel due to the cost of construction when they dig the foundation probably because it is so close to that water we will be in the wetlands. Also upon looking in the 75' wetlands setback there's been some significant dumping in there. There are weeds and Christmas trees and other garbage. We'd like to clear out some of the leaves and the garbage in the middle area there and actually plant a lawn. TRUSTEE KRUPSKI: Our standard procedure on these is that we don't have a problem with most of what you are saying but we would want a 10' non-turf area between the top of the bank and the upland. So during construction we are gonna require you to put a row of haybales along ...... measure back from the bank 10' Board of Trustees ~- 17 May 28, 1998 and put a row of haybales and then you can do anything you want upland. On the other side you can put in ornamental plantings and you'll probably want to trim some of the trees for a view and leave that 10' as a non-turf area. TRUSTEE SMITH: I'll move to close the hearing. TRUSTEE KING: Second. ALL AYES TRUSTEE KRUPSKI: I'll make a motion to approve that application based on a 10' non-turf buffer at top of bank and row of haybales placed before and during construction 10' back at top of bank. TRUSTEE POLIWODA: Second. ALL AYES 13. Samuels & Steelman on behalf request to construct 6' X 7'6" F and a 10' X 14' wood deck with a trellis. Located: 5055 New Suffolk Road, New Suffolk. SCTM #119-9-32.8 TRUSTEE KRUPSKI: Is there anyone here who would like to speak on behalf of the application? TOM SAMUELS JR: Basically we had a permit to construct a house and the house was nearly complete and they're starting to do some grading for a landscape etc. They had an interest initially to come in for a permit for a bulkhead or revetment and decided not to do that. Just leave the bank there natural. But they do need to get down to the beach. That was the reason for beach stairs to be done. TRUSTEE KRUPSKI: The problem with that is Coastal Erosion prohibits us from putting a deck at the top of the bank like that, and this isn't covered under Coastal Erosion. But still we don't like to see decks put up over the bank because then you will get into an erosion problem. The stairs we don't have a problem with even with a small landing. But the deck at the top is the problem. TOM: I would say that my client is willing to forgo the deck at the top and the trellis. It was discussed that this was a possibility that you wouldn't look favorably on it and it was decided that they could forgo that. The DEC was looking for the stairs to be 3' vertical above the bluff so we needed to get that far. TRUSTEE KRUPSKI: Three feet above the bluff. TOM: Yes. TRUSTEE KRUPSKI: They obviously didn't look at the site. TOM: No. And we attributed that to mean vertical elevation as opposed to diagonal elevation because that would have taken us even further out. But we don't need the deck at the top. TRUSTEE KRUPSKI: We just need a different plan. 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 for stairs with a landing down the face of the bluff with condition that we receive new drawings. TRUSTEE POLIWODA: Second. ALL AYES 17. .JEANN, EBARTOS requests a Wetland Permit to construct a two story addition on east side of existing structure with a small Board of Trustees ~ 18 ~ May 28, 1998 single story addition on south and west side of structure. Located: 1820 Mill Lane, Peconic. SCTM #67-7-14 TRUSTEE KRUPSKI: Is there anyone here who wishes to speak either for or against the application? MIKE BARTOS: I did submit a survey and we're just proposing that now that we put this addition on. TRUSTEE FOSTER: I didn't see any problem with it, it doesn't go out any further than the existing building. I would just recommend that no construction go further than the proposed building like it's shown and they haybales be put around it. It's all bulkheaded by the way. There's a return on each side. TRUSTEE KRUPSKI: Your gonna raise the structure at all? MR. BARTOS: No we're gonna raise it. I have to re-do the whole foundation. TRUSTEE SMITH: Motion to close the hearing. TRUSTEE POLIWODA: Second. ALL AYES TRUSTEE FOSTER: I'll make a motion to approve the application with condition that no construction go seawood and a row of haybales go around the construction site on the water side. TRUSTEE SMITH: Second. ALL AYES 12. Environmental East. on behalf of HEyDONALLENYrequests a ~et!~d permit to demolish an existing 14' X 13' section of garage and construct a new addition onto the existing garage. Located: 320 Eugene's Road, Cutchogue. SCTM #122-4-7 TRUSTEE KRUPSKI: Is there anyone here who would like to speak on behalf of the application? TRUSTEE KRUPSKI: Is there anyone here who would like to make any comments on this application? TRUSTEE SMITH: I'll make a motion to close the hearing. TRUSTEE KING: Second. ALL AYES TRUSTEE KRUPSKI: I'll make a motion to approve the application. TRUSTEE SMITH: Second. ALL AYES 14. ~I~iLA~S.ON.requests a~Wetland Permit to construct a 3' X 18' wooden dock in south east direction from bulkhead with 6- 4" X 4" pilings and 3- 4" X 4" boat stakes. Located: 1495 Island View Lane, Greenport. SCTM #57-2-12 TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor or against the application? TRUSTEE SMITH: It's a small structure and it's got an on-shore/off-shore pulley system with a 15 footer. I'd hate to see where a guy has a simple little structure now he has to jump back over the top of the marsh and get back down again. He knows what he has to do, but ..... TRUSTEE KRUPSKI: But with a 3' wide dock I don't think he has to go that high. For years we were only granting 3' wide docks and the DEC said you don't have to go as high. Because it is not as wide. He might not have to go that high. TRUSTEE SMITH: Your taking some of these structures in some of these creek, they can be very insignificant, very low Profile, low impact on aesthetic views and then all of a suddenly they put these things in and ....... TRUSTEE POLIWODA: How many slips? Board of Trustees ,t 19 '~ May 28, 1998 TRUSTEE SMITH: Well he's got a 16' whaler a 12' aluminum boat and when he can he puts out a sun fisherman he puts out there too. It's right at the end of the creek there. TRUSTEE POLIWODA: I was just wondering because that's a pretty pristine area. These pilings, they're gonna be 10' 12' in the air? TRUSTEES: He's got them pretty staked out pretty far there. TRUSTEE POLIWODA: It's gonna change the outlook on the whole entire area. TRUSTEE KRUPSKI: Your right. TRUSTEE SMITH: No, it's only 4" X 4" pilings. TRUSTEE FOSTER: I'll make a motion to close the hearing. TRUSTEE POLIWODA: Second. ALL AYES TRUSTEE SMITH: I'll make a motion we approve the application. TRUSTEE KING: Second. ALL AYES TRUSTEE FOSTER: I'll make a motion we go back to the regular meeting, TRUSTEE KING seconded. ALL AYES 1. Robert .f of JOHN"C. WEISBROD requests a iconstruct a 12' x i8' platform at top with rail fence around platform. Located: 435 Soundview Road, Orient. SCTM 915-3-6 TRUSTEE KRUPSKI moved to approve with condition that the 12' X 18' platform be moved back behind the CEHA line and not attached to stairs, adjacent to the structure leading to the stairs, TRUSTEE KING seconded. ALL AYES 1 BI~ISE MySAK.~requests a,~mooring in Goose Creek for a 14' aluminum outboard boat with a 50 lb. mushroom. ACCESS: Public TRUSTEE SMITH moved to approve, TRUSTEE KING seconded. ALL AYES 2 requests ~m°0ring~in Richmond Creek for a 19' boat with a 125 lb. mushroom. ACCESS: Public. TRUSTEE POLIWODA moved to approve the application, TRUSTEE SMITH seconded. ALL AYES 3. ~ requests a~,~oor~g.~iin Town Creek for a 22' with a 200 lb. mushroom. ACCESS: Public TRUSTEE SMITH moved to approve with condition that he have a fore and aft anchor, TRUSTEE KING seconded. ALL AYES 4. D~G!iCA~ipOCINA requests an shor~, mooring on Gagen's Landing (replacing ) in Goose Creek for a 16' outboard. TRUSTEE SMITH moved to approve, TRUSTEE POLIWODA seconded. ALL AYES 5. KATHY 5OFRESE requests a~moOring in Corey Creek near the Laughing Waters Property Owners Association beach, for a 13' to Board of Trustees 20 May 28, 1998 15' outboard. As per approval letter from Association President, Eileen Castro. ACCESS: Private. TRUSTEE SMITH moved to approve, TRUSTEE KING seconded. ALL AYES Meeting adjourned at: 9:45 p.m. Respectfully Submitted By: Diane J. Herbert Clerk, Board of ~rustees