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HomeMy WebLinkAboutTR-12/18/1996Albert J. Krupski, President John Holzapfel, Vice President Jim King Martin H. Gan-ell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765- ! 892 Fax (516) 765-1823 MINUTES December 18. 1996 PRESENT WERE: Albert J. Krupski,Jr., President John Hotzapfet, Vice-President Peter Wenczel, Member Martin H. Garre!t, Member James King, Member Jill Doherty, Clerk CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT FIELD INSPECTION: Wed. January 22, 1997 after organizational meeting. NEXT TRUSTEE BOARD MEETING: Wed. January 29, 1997 7P.M. WORKSESSION: 6:00 p.m. ORGANIZATIONAL MEETING: January 22, 1997 i2pm I. MONTHLY REPORT: The Trustees monthly report for November 1996: A check for $6,935.55 was forwarded to the Supervisor's Office for the General Fund. II. PUBLIC 'NOTICES: Public Notices are posted on the Town Clerk's Bulletin Board for review. III. AMENDt~2ENTS/WA!trfiIRS/CHANGES: 1. MICHAEL kND JOAN DILEONE requests to Transfer Permit ~!!04 from Henry C. Weismann to the DeLeone's as they have purchased same. Located 940 Tarpon Dr., Southold. SCTM 957-1-10. A motion was made by TRUSTEE HOLZ~UFEL and seconded by TRUSTEE WENCZELto approve Above. ALL AYES. 2. L~dlRY KULICK requests to Transfer Permit ~!979 from Elizabeth Yaro to Larry Kulick as he has purchased same. Located 1895 Minnehaha Blvd., Southotd. SCTM $87-3-61. A motion was made by TRUSTEE'~NCZEL and seconded by TRUSTEE HOLZA~OFEL to approve the above. ALL AYES. 3. RICHARD A.M. JONES requests to Transfer Pez~t ~1000 from Evert S. Bergen to Richard A.M. Jones and Darcy Gazza as they have purchased same. Located 1630 Beebe Dr.~ Cutchogue. SCTM ~103-3-18. Board of Trustees A motion was made by TRUSTEE HOLZAPFF. L and seconded by TRUSTEE KING to approve the above. ALL AYES. 4. James H. Rambo, Inc. request to Transfe~ Permit 9375 from Cheng Yu to Rambo, Inc. as they have purchased same. Located off' ROW off Oregon Road, Cutchogue. SCTM ~83-2-4.1. A motion was made by TRUSTEE ~OLZAPF~I, and seconded by' TRUS~2EE GARRELL to approve the above. ALL AYES. 5. Gary Flanner 01sen on behalf of ROBERT TURNER requests a Waiver for a deck that was built in 1987 with Bui!dLng Permit as per map dated August 31, 1988. Located 1200 West Lane, Southold. SCTM ~88-6-t7. A motion was made by TRUSTEE WF~CZRL and seconded by TRUSTEE HOLZAPFEL to approve ~he above. ALL AYES. 6. En-Consu!tants on behalf of NEIL MCGOLDRICK requests an Extension to Permit ~4397 for one year from 12/22/96 to 12./22/97 with ALL the conditions to r~main the same incl~d~ng notifying the highway dept. to ge~ sand and to do water quality samples. (see file for details). Located ROW off Peconic Bay Blvd., Laurel. SCTM $t45-4-15. A motion was made by TRUSTEE HOLZAPFEL and seconded by TRUSTEE KING to approve the above. AYES: Hoizapfel, King, Krupski,Garrell. NEY: Wencze! 7. Samuels & Steelman on behalf of TONY PANZ~INO requests a Waiver to construct a 6'.5" X 33' deck attached to existing residence. All other renovations are out of the Trustees jurisdiction. Located 800 Strohson Road, Cutchogue. SCTM 9103-10-23. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE KING to approve the above. ALL AYES. 8. J.M.O. Environmental Consulting Services on behalf of JOH~ FRANCO requests an Amendment. to Permit ~4674 to move the. bulkhead landward 5'. Located 30 West Lake Road, Southold. SCTM ~90-i-25. A motion was made by TRUSTEE WENCZEL and seconded, by TRUSTEE ~L to approve the above with the note to maintain the 18' buffer behind the bulkhead. ALL AYES. 9. 'MARDIK & LOUISE DONIKYAN requests an Amendment to Pez**~it ~4599 to construct retaio~ng wall shorter and construct a secondary wall as per revised plans dated 12/10~96. Located 54255 Route 48, Southotd. SCTM $52-!-4. A motion was made by TRUSTEE WENCZML and seconded by TRUSTEE GARRELL to approve the above. ALL AYES. !0. Costello Marine Cont. on behalf of' ROBINS ISLAND requests an Amendment to Permit $4365 to install two 14" Galvanized pipes, approx. 30' in length into the bay bottom under the existing seaplane float. Also to install two inner steel pilings, replace four greenheart piles with two steel piles in same location as per plans dated November i, 1996. Located Robins Island, New Suffolk. SCTM ~134-3-5. A motion was made by TRUSTEE HOLZAPFEL and seconded by TRUSTEE KING to approve the above. ALL AYES. Board of Trustees 11. Costello Marine Cont. on behalf of ROBINS ISLAND requests an Amendment to Permit %4346 to add a 6' X 24' float to existing float system and install, one 2-pile dolphin. Located New Suffolk. SCTM %t17-8-20. A motion was made by TRUSTE. R GARRET,L and seconded by TRUSTEE HOLZAPFEL to approve the above. ALL AYES. IV. PUBLIC HEARINGS: THiS IS A PUBLIC HEARING IN THE MATTER OF TWE FOLLOWING APPLICATIONS FOR PERMITS UNDER THEWETLANDS ORDINANCE OF T~ETOWN OF SOUTHOLD. I HAVE AN AFFIDAVIT OF PUBLICATION FROM THE TP. AUELER WATCHM~. PERTINENT CORRE~ONDENCE MAY BE READ PRIOR TO ASKING FOR COMMENTS FROM THE PUBLIC. PLEASE KEEP YOUR C~iENTS ORGANIZF/~ AND BRIEF: FIVE (5) MINUTES OR LW-qS, IF POSSIBLF. 1. Project Management Associates, Inc. on behalf of RUSSELL PLANITZER requests a Wetland Permit to restore two on-site fresh water ponds, Construct a 130' long stone retaining wall, and a 6' X 10' utility shed. Located. Wilderness Point, Fishers island. SCTM ~12-2-6.9. MR. KRUPSKi: ts there anyone here who would like to speak in favor of this application? Is there anyone here who would like to speak against the application? We went over there and we took Chris Pickerel! who is with the Marine Program at Corne!! Coop. Extension. He gave us a report. Dear Mr. Krupski: As per your request I have visited the subject parcel to asses the ecological conditions at the pond where restoration activities are proposed. The following observations are based on my site visit on November 20, 1996. Water level, soils and vegetation indicate that this pond is undisturbed with little or no impacts f~u~ stunround.ing land use. The Most obvious alteration of the landscape was the historic and other high water events. Other than ~his alteration which has actually' prevented co~,uon reed from overtaking the pond, the system is .in an almost pristine natural state. Native wet!~nd vegetation can be fo~d in the pond in the form of the bog' mat and aro~nd the pond as a shrub/scrub fringe. A partial list of species identified in and around the pond include water willow (Decondon Vertici!lat~), sweet pepper bush (Ctethra alnifo!ia), red maple (Aceer rubrum), sensitive fern (Onoclea sensisbilis), Jewel weed (Impations capansis) and sedge (Corex spp~. If you have any additional questions about this site please feel free to contact me at my office at 852-8660. Here is the retain%ng wall, which is constructed already, here is the pond. and the access driveway. The driveway was there when Piantizer built the house, a guess ten years ago. There is also a small pond here. What he wants to do is ~xcavate this, excavate this and pump the water back and ~orth. TRUSTEE WENCZEL: Do you recall being there Mart~ff? We were there the time before we went to Fishers Island. It is a house way up on a hill. We where looking at a possible violation. Board of Trustees TRUSTEE GARRELL: Yes. A violation. That is what I was thinking. You come over the hill and there is the pond and there has been playing around up on top. TRUSTEE WENCZEL: That is right. Now he wants to dig up the pond. Dig out all the vegetation and so on. TRUSTEE GARRELL: He wants to dig it out in the name of restoration? TRUSTEE KRUPSKI: In the name of restoration. However, in our estimation and that. of, it is already a pristine wetland with native. vegetation. TRUSTEE GARRELL: He wants an excuse to play with some bulldozers. Why? TRUSTEE WENCZEL: He wants a fish pond. TRUSTEE GARRELL: Yea. CLERK: I spoke to Chuck Hamilton, DEC. After the violation are cleared up on this property, they will look at the application. They are not looking at it favorably. TRUSTEE KRUPSKI: As far as retaining wall goes, as shown on the site plan the applicant also requests approval to install a rock retaining wall on the steep slope which separates the house from the larger pond. Which part is built? It is ~nclear here. The applicant commenced construction of the wall without knowledge of a need for a permit for this activity and seize construction of the wall as directed by NYSDEC personnel. Based in part of the discussion of the DEC, the applicant now proposes to complete ~he road which also will include a drainage pipe up hill of the wall to collect storm water. The drainage pipe will discharge via swale to the larg~ pond. So this wall is adjacent to driveway. Isn't that wall constructed? At least this section constructed. TRUSTEE WENCZEL: I don't know. Part of it is there, but I don't remember which part. TRUSTEE K~UPSKi: I don't know if you want tb~s sort of arrange meant. I don't know if you want the pipes to main line down the runoff. I think it would be a mistake to change what is essentially a functioning system. Then you are going to alter. TRUSTEE GARRELL: Essentially what he wants to do is to take an undisturbed pond and make it into a pond that he can stick some fingerling bass or sunfish or something into an~ play. TRUSTEE KING: The guy we talked to when we where there said forty or fifty years ago there wasn't even a pond there. Chris said this is a natural process. It changes into more of a wetland down the road... TRUSTEE GARRELL: That's right. TRUSTEE KRUPSKI: I don't think that there will be less because they are still draining a lot of water. TRUSTEE GARRELL: Yea. tt is a natural process with fresh wauer wetlands fill in and become marsh and then ... it happens.. TRUSTEE FdkUPSKi: And it is not a Phragmi~s pit. TRUSTEE GARRELL: That is the guestion. TRUSTEE WENCZEL: That is the real key, is that it is a natural wetland. TRUSTEE HOLZAPFEL: Can we split the application? TRUSTEE KRLrPSKi: We can do what we want, sure. The last component is the uti~ity shed with4n the wetlkud buffer as requested. It will be used to store misc. lawn equipment. There exist no alternative potential locations of the shed in the area.. TRUSTEE HOLZAPFEL: How many feet is this? TRUSTEE KRUPSKI: Ten feet off the path. Board of Trustees TRUSTEE GARRELL: I have a suggestion. There is nobody here that is working on this. There are people here that have other I1. TRUSTEE KRUPSKI: I will make a motion to recess this public hearing until the end of the meeting. TRUSTEE HOLZAPFEL: Second. ALL AYES. 2. Proper-T Permit Services on behalf of SCOT~ PATCHELL requests a Wetland Permit to construct a single family residence approx. 32' X 72' overall, with deck approx. 14' X 47'; construct retaining wall approx. 4' high, 86' long with two 30' returns. Located 1075 West Hill Road, Southold. SCTM ~70-4-24. TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor of the application? JAMES FITZGERALD: Yes, Jim Fitzgerald for Mr. Patche!l, if you have any questions. TRUSTEE KRUPSKI: Thank you. Is there anyone else who would like to speak in favor of the. application? Is there anyone who would like to speak against the application? LAURA COLLINS: My name is Laura Collins and David Devtin and I the owners of the property immediately to the west of the lot in question. I mm speaking on behalf of Mr. Der!in and myself and Mr. & Mrs. Guyton, who are the owners of the property immediately to the east. A ntm~ber of our'neighbors are also here. This project as ou~ lined raises very substantial issues of neighborhood character, life style, major land use, how the land looks, how people use the land. We and the Guytons plan to bring these issues to the Zoning Board of Appeals, which is tentati~e!y schedule for mid January. We think these are major issues with major zoning considerations and we are urgently concerned, that the Zoning Board Appeals b~ a chance to hold a hearing and consider our views. It was suggested to us today, that the practice was that if the Trustees approved a plan including construction within 75' of the water, that the ZBA would accept the approval and not go further. We there for urge you to postpone your consideration of this project. In fact, I find it very difficult to believe that the ZBA would not hear the zoning issues if brought to them. At any rate, we don:'t want to take any chances on procedure. You the Trustees are going ~%ead and having your hearing on this, I just want to make clear that our understanding after some conversation today, I believe Mr. Krupski one of our neighbors called you, is that in fact, by your considering t~his project now, you are no~ compromising o~r ability to raise these zoning issues. Not wetland issues. Our opposition can be smm~rized b~ two main points. The first one is that the proposed house is awfully big. At least it looks that way on the drawings. It has a really enorr~o%us deck. i4' by 47'. The abnormalitlzof the deck has certainly contrib-~ted to the house being so big. The bigger issue that concerns us in this and the one that raises all. the points that ! suggested before about life style and land use. That is the proposed construct of the retaining wall 12' back from the existing bulkhead on the creek and th~n to fill the land behind the retaining wall. Our lots have all slope down from the street to the creek. I suspect the total drop is around 15' and a depth of maybe 175'. Most of our houses are built with a lower floor that looks out onto the creek. There is enough !and drop to accomplish that. The prospective purchaser of this lot wants a level lot, rather than a sloping lot. There for this retaining wall that he proposes to do 12' from the water, the purpose is to put up the wall Board of Trustees and then fill behind where there is no fill. We are basically appalled. We think it is a ghastly proposition. Ugly. It will make serious drainage problems. Mr. Devlin and I just brought our house. We just move in the day we got the notice of these hearLD_gs. So we don't have experience in the neighborhood. Our neighbors surely Do. I am sure that a couple of them would like to make some comments to you about drainage. Our position with this board is, please pass. a very skeptical eye on this project because of the enormity of its impaet on the environment as it now exist in ~he neighborhood. Basically what they want to do, is build up the land well above the level of our adjoining lots and erect their house and deck up there. We think that is a major environmental intrusion that is why we are speaking to you tonight. TRUSTEE KRUPSKI: Thank you. I wili just answer your first concern about the ZBA. Noz~,ally we act completely separate from the boards. We had a problem 8 or 10 years ago. Applicants were being put in a catch 22 by the code in that they couldn't come before us they had all their other approvals from the other board~. Ail the other boards also required that they had all their other approvals'. Now we act completely sepazaEe from other boamds. Our' approval does not mean that other boards don't have responsibilities to uphold their sections of the code. However, we did get something from.the board of appeals today. Which is sort of unusual. Which I will read into the record. We have received concerns from an adjoining property owners pertaining to the proposed landscaping plan which.includes two retaining walls and second bulkhead., all within 75' of the existing bulkhead. Would it be possible to t~porari!y hold any final action by the town Trustees until both departments have inspected the property and co~munnicated. The applicant will be providing information at our variance hearing, scheduled for January 16, 1997. In the next few days, I will visit the property (and ask other ZBA members to inspect the property in advance of the 1/16 hearing date). Also, if the Trustees' files have a proposed landscape or similar plan showing the retaining wall construction details, land contours or other changes proposed landwar~ of the existing buJ~kh~ad, please let our office know in order that we may duplicate a set for our records. Thank your for your assistance. Jerry Geehringer. We just received this today.. TRUSTEE WENCZEL: What is the variance for? TRUSTEE KRUPSKI: I don't know. We people requests a variance, it is usually not included in our file because it is not relative to our review. TRUSTEE WENCZEL: I think it might be for side line set backs. LAURA COLLINS: The simplest part of the variance request is the side yard set backs. They are on each side. about a foot less than what is required. There is. also the set back o~ the deck and house. The deck is only 61' back. The zoning code says you can't build a sr_ructure within 75' of a bulkhead and that is what this is. There is the se= back of the deck. Thirdly, there is the construction of this wall t2' back from the bulkhead in order to fill behind it. As we review the zoning those are three quite distinct elements in it. The retaining and the fill is clearly the mega aspect of this project because it is changing the character of the land. The reason that you received this note from the zoning board was that we where doing a little home work this morning. I spoke with someone in the ZBA office who said in fact that if the Trustees approve we won't be considering it. We were Board of Trustees galvanized into action. I think the note you have from the zoning board of appeals was meant to make sure that our concerns weren't going to fall into a procedural trap. TRUSTEE KRIIPSKI: I think, they are wrong about that, but... EVA GUYTON: My name is Eva Guyton. We live on the other side of the lot, the east side. I have owned this lot for twenty five years. I have experienced all the pro and cons of living by the water. One of them is that this lot as you all know is filled in with the bottom of the creek and was bulkheaded some 25, 30 years ago. The soil is not fa~ soil. It has very, very poor drainage. At the time we built, we had to have soil brought in order to make a proper garden. As it is now we have a situation where water from the lot actuaiiy comes in on our land. On Long Hill Road there is a tow// sump. There is one across the street and there is one on that property, i was living there when that road was under water ever~ time there was a major rain sto~m. It would go right up on our lawn and up to the door. At first we complained and we said that our cellar an~ eve_~Arthing gets soaken wet, we have to do something. That is when the excavated Hill Road on both sides. The clay is in layers. I can attest to that because I dug the holes for the trees that we got so many yea~s ago. Also, when it rains you can act~al!y see in floating from the lot on to our driveway. If the new owners are permitted to raise the land in the back, we will have additional wate~ from ~h~t. It will certainly seep onto our land. That is my main concern aside from the aesthetic one. I wish and hope that you would consider that in that location. The bulkhead wa~ repaired i tkirl~threeyea~s ago. It is not a stable bulkhead. It had to be repaired and a permit was granted for ~hat. If so muck weight is put on top of that land, I am very muck a~raid that that bulkhe~ would not be able sts~d it. As it is there is a big cavity on that is being undermined. TRUSTEE KRUPSKI: Thank you. Would anyone else l~e to speak either in be half of or agai~nst the application. CARL BRATTEL: My name is Carl Brattel. i live on 775 Hill Road. My property is approximately 200~ east of the proposal. My main objection is to the retaining wall. T~at is going to be four feat above the existing bulkhead. I am afraid that is going to create an effect like Fort Ticonda~oga with nothing but wood. it is not going to be to est_ketic. That is my main concern with it. TRUSTEE KRUPSKI: Thank you. Would a~yone else like to comment? MR. FITZGERALD: t would lika to coaaz~nt on some of the item~.. As far as the d~ainage is concer~ed, I think that providJ_~g a more level lot will keep a lot of runoff out of the dredge canal. I am sure that it can be graded ~.~ such away and will be graded in s~ck away so that is doesn't go to neighbors lots because of ~he erection of the retaining wall. I think that is the onl~ environmental issue here. TRUSTEE KRUPSK!: What about the conditio~ of the existing b~ad2 Can you comment on that? MR. FITZGERALD: It looks functional to me. If the bulkhead needs to be repaired, the bulkhead needs to be repaired. TRUSTEE KRUPSKt: It is something to thi~uk about. As far as replacing or repairing inkind/inplace before you got some thing built in front of it. As opposed to creating a hardship and it has to come out further seaward.. A repair in the future. I am talking about the existing bulkhead. MR. FITZGERALD: Where the other bulkheads repaired irlk~nd/inplace? Board of Trustees MRS. GUYTON: YES. TRUSTEE GARRELL: What about the possibility of putting a non-turf cover in back of the retaining wall itself. So you have plantings mostly instead of a lawn from the house to the retaining wall. I don't know what they have planned fo~ that srea. MR. FITZGERALD: I would presume that it would be landscaped appropriately. Another point is that one of tb~e factors that is frequently considered in. setback situations, is the set backs of the neighboring properties. And the set backs of the deck with the neighboring properties are significantly less then what is being proposed. TRUSTEE ~RUPSKI: We did notice that. Basic~]ty our considerations are environmental considerations and anything would decrease the amount of surface runoff from entering tho creek, that is our priority~. It is an area that is already built up and developed, almost to the maximum. Does the Board have any coa,~ents? TRUSTP. E GARRet.L: You took the pool out of that? MR. FITZGERALD: yes. TRUSTEE KRUPSKI: AS far as aesthetics go, we looked at it on the site. The applicant could also put up a 4' high stockade fence there and that would accomplish the same look as a retaining wall. Mr. DEVLIN: tf he puts in a bulkhead and then a 4' high fence on top of that, that is 8'. TRUSTEE KRUPSKI: From the water leuel. I am saying that i~ somebody came in and wanted to put a fence up there, it would be the same I believe that is your property to the_ west? If they put a 4' fence up similar to yours, it would have the aesthetically the s~ne effecE. MR. DEVL!N.: We do not object to a 4' fence. That is fine. MS. COLLINS: Could we pursue this a little further? TRUSTEE KRUPSKI: Sure. MS. COLLINS: It has seem to us that the leveling of the land was absolutely central to what the purchaser h~s in z~_ud. Mr. Garrei! has suggested a different approach o~ the slope with vegetation. That is what a lot of the neighbors hav~ right now and it looks very nice. This is the nozm. What we see here is a desire to change the topography of the land. i agree of cou~e an!fncdy could come in and as of right ~ld of 4' fence and build an ugly fence and you have to live with it if you are the neighbor. It is having 4' of earth behind it. Changing where we stand do~n in the valley fr~u where they stand up on the height, that has us concezned. I will add that we feel the swimming pool in larking in the back round. The swimming pool was deleted from the project as the appeal was submitted to the Zoning Board of Appeals. I find it hard to believe that it has gone away. I think these folks want a swi~m~ing pool and al! that. We are a neighborhood largely of retiree's. We are very, very scared of a swimming pool. That ba~ a good deal to do were we are coming from. TRUSTEE KRUPSKt: Excuse me. Why are you frighten of a i just. MS. COLLINS: I was thinking of a life style issue. With all due respect Mr. Krupski, you are a parent of young' children. Young children and. sw~,ning pools are a very noisy proposition. MR. GUYTON: You are more interested in drainage an~ wetlands and stuff like that? TRUSTEE KRUPSKI: That is right. MR. GUYTON: If you take compacted property for 20, 30 or 100 years, you would have a solid property. When they are going uc fill in on Board of Trustees top of that and drain that into the creek, we fish that creek. We use that creek. We have water, we have a well. Our water supply depends on that staying as close to what it is right now as we can get it that way. As soon as that gets interrupted with other things happening, we might as well go out of business. TRUSTEE KRUPSKI: Thanks. Any co~ent? TRUSTEE HOLZAPFEL: I think we should recognize the Zoning Board of Appeals. TRUSTEE KRUPSKt: Yes. I just wanted to see if there are an~ other comments on what has. been said. What does the Board think about the addition fill to the property? TRUSTEE KRUPSKI: There is a pro3ect on Mattituck Creek that has a little bulkhead and they are backfilling it. Q~te frankly it is ugly. TRUSTEE Ed{UPSET: But what effect is it going to have on the creek? TRUSTEE KING: Nothing. TRUSTEE WENCZEL: That sums it up. Aesthetically it is not pleasing, but environmentally I don't think it is going to have a big effect. I can understand their concerns. MR. DEVLIN: Our major desire is to permit the Zoning Board of Appeals to look at this fresh. Without any danger that your reviewing it is going to cause them trouble. All ! know is what they told us. TRUSTEE KRUPSKi: Even though I think you where given bad information by the ZBA, because they sent us this memo, which is vez/f unusual, I would make a motion, unless there is any other cu~m~:ent on the environmental factors, to recess the hearing until next month. I.f they do want to coordinate with us further then they can.. If there is some sort of' legal technicality that I am unaware of that what prohibit them from acting on on any of the merits of thisr then the~ can do that unrestricted. TRUSTE~ GARRELL: I would go a long with that. TRUSTEE WENCZEL: i have a question for Jim. Have you done any core samples .on this property. MR~iiFiTZGER~: Yes, a test hole has been done. It is I think 15 or 17' to ground water. The test hole is perhaps 40' south o~ the mercatum and 25' from the eastern property line. TRUSTEE WENCZEL: Was it basically sand or sand/clay? ~R. FITZG~I~D~: I don't rem~er. TRUSTEEiWENCZEL: Could we have that data? MR~ F~TZGERALD: Sure. TRUSTEE'KRupSKi: You don't have Health Depaz~tent on this yet? TRUSTEE WENcZ~T,: Is there city water there. MR~ FITZGERALD: Yes. TRUSTEE WENCZE7,: Do most of you folks have your own well water? ~TRU' DEVLIN: Some have well water and sempe have Greenuort water. STEE KRUPSKI: But then again the septic system is outside our jurisdiction. The Health ~epa~tm~nt will handle that. NEIGHBOR: The clay sit~tion should be looked into. What~.we heard in the past on the holes, there is a whole bed o~ clay on the bottom. That is one of the reasons why Guyton's are having problems~ The wauer can't get through the clay and comes over on to their property. TR~STEEKRUPSKI: That material will be provided to us. Normally it is on a survey. MS. COLLINS: The drilling as Mr. Fitzgerald described, it. is 40" in from the mercatum road. Which is before the property begins to slope down. The slope doesn't begin until well past that, so the area where Board of Trustees 10 they are proposing all this fill is not the area where the borings for the septic system where tabled. MR. FITZGERALD: I don't think that the placement of fill behind the retaining wall is going to adversely effect the drainage. If indeed the drainage is controlled on the existing layers of clay. The layers of clay are still going to be there except where the foundation is. TRUSTEE KRUPSKI: Right now the property drains directly into the creek. MR. FITZGERALD: That is right. All of them do. The only difference is, on this property there isn't any fertilizer going in with the water. TRUSTEE HOLZAPFEL: Jim, I now it is outside our jurisdiction, but are there plans to contain the roof runoff into drywel!s. M~. FITZGERALD: I haven't even thought of it. I would think we would do exact!ywhat everybody else in the area has done. TRUSTEE HOLZAPFEL: Just for m~ own information, are your clients aware of the negative reactions of the neigb~orhood. MR. FITZGERALD: No. TRUSTEE HOLZAPFEL: I was just wondering if they were aware of it that they were being adamant and that is what we want no matter what or is that... TRUSTEE KRUPSKI: Is that something they should go and knock on the door and introduce themselves to the neighbors? MR. FITZG~: This is the first we became aware of this. TRUSTEE HOLZAPFEL: Understood. A lot of times we are asked to argue between neighbors, as you know, I just wanted to know if they where aware. I makes, sense to put it off another month. MR. ~ITZGERAT.n: My I co~uent on your tabling the decision? I.t is my understanding that this board is supposed to judge environmental issues. I would like to requests that you pass on the environmental issues of this project. It is unclear to me why some years ago the Zoning restrictions... FIR.. : Spoke, but not audible. The fact that the Zoning hearing is one day after the existing time line, I don't think there is. any reason to not be concerned from this stand point. What it means is that the next time the board will meet to discuss would be at the end of January which is some two weeks after the Zoning Board. TRUSTEE KRUPSKI: The next time we meet is the 22nd. We could make a decision on that day based on the in~o~L~tion we would get from the Zoning Board. We can certainly could do that. Normally, if we just. got a request at a public hearzng we normally wouldn't honor it. In this ease we got a reguest from a different board. I feel we should honor it. I feel my motion will stand on that.~ (to recess hearing until January 22, 1997) TRUST~EE GARIAELL: I will second it. ALL AYES. MRS~ GUYTON: I would like to inquire what you plan to fill ~his space: with? From the excavation that it would make2 MR. FITZGEPJ~LD: t would think so. MRS. GUYTON: Then it would be pure clay. MR. FITZGERALD: I think you trapped me. MRS. GUYTON: I just wanted to say that. MR~ FITZGERAY~: They wouldn't do it if it was pure The following public hearings were not audible. Board of Trustees tt 3. En-Consu!tants, Inc. on behalf of MARSHALL JOHNSON requests a Wetland Pez~l~it to construct a 34+/- l.f. retaining wall landward of existing deterioraued concreue wall on west side of house. Construc~ a 6 1.f. return along westerly property iine~ Backfill with 10 c.y of clean sand to be trucked in from upland source. Located 320 Northview Drive, Orient. SCTM 913-!-6. TRUSTEE KRUPSKI: Is there anyone who would like to speak on behalf of this application? DIANE LE VERRIER: Diane, En-Consu!tants on behalf of Mir. Johnson if there are any questions. After the a discussion about drsm~etls to contain all roof runoff the following motions where made~ A motion was made by TRUSTEE WENCZEL and seconded by TRUSTEE HOLZAPFEL to close ~he hearing. ALL AYES. A motion was made by TRUSTEE HOLZAPFEL and seconded by TRUSTEE KING to approve a Wetland Permit and a Coastal Erosion subject to CEHA line on survey and ALL roof runoff must be contained in drywetls. ALL AYES. 4. Richard Saetta General Contractor, Inc. on behalf of JAMES GRACE, SR. requests a Wetland Pez~t and a Coastal Erosion Permit to remove two existing houses¥ join the two lots and construct one single family dwell ~ ng as per survey. Located Willow Terrace Right of Way, Orient. SCTM 26-2-6. Barbara Define (neigb_bor) spoke with concerns of the size of the project compared to location of bay. After discussion with Richard Saetia, it was decided to meet in the field, after project was staked.. A motion was made by TRUSTEE KRLr~SKI an~ seconded by TRUSTEE HOLZAPFEL to recess public hearing until next meeting. ALL AYES. 5. PHILIP AND.NANCY~rEBE~zequests a Wetland Permit to construct wooden stairs with minimal landings to access beach as per suz~zey dated October 17, 1996. Located 160 The Strand, East Marion. SCTM $21-5-7. Nobody was present to speak for or against this application. A motion was made hy TRUSTEE HOLZAPFEL and seconded b!z TRUSTEE GARR~LL to close the public hearing. ALL AYES. A motion was made by TRUSTEE KRUPSKI and seconded by TRUSTEE HOLZAPFEL to approve application subject to receipt of regradinqplan ~howing top of bluff reg~aded towar~ l~nd and ~ybales' placed m~m~ediateiy along bluff. No disturbance to bluff other then what is necessary for stairs. ALL AYES. 6. CostelloMarine on behalf of DR. FRANK MONTELEONE mequests a Wetland Pez~ait to cover existing concrete porch and steps with timber decking. Square off porch by adding 8' X~25' timber deck. Install two sets of timber access stairs.. Also 8' X 12' deck landward of existing bulkhead.~ Located Blue Marlin Drive, Southold. SCTM ~57-i-30o Sue Lon~ from Costelto Marine was present.. The walkway from the deck to the bulkhead is 3' X 60' A motion was made by TRUSTEE. GARRELL and seconded by TRUSTEE KING to close the hearing. ALL AYES. A motion was made by TRUSTEE WENCZEL and seconded by TRUSTEE HOLZAPFEL to approve the. above. ALL AYES. Board of Trustees 12 7. Inter-Science Research Associates, Inc. on behalf of SEBASTION'S COVE PROPERTY OWNERS ASSOC. requests a Wetland Permit to replace timber bulkhead including 45 1.f. replaced inkind/inplace to protect tidal wetlands vegetatian; 220.75 1.f. rept~eed in-kind within !8" of existing timber bulkhead and proposed concrete launching ramp to replace existing ramp in disrepair. Transplant 35 s.f. of existing tidal wetlands in graded area south of boat ramp. Located Sebastian's Cove Road and Sebastion's Gutter, Mattituck. SCTM ~lQ0-3-ti~ll ~ 11.12. Jim Walker from Inter-Science Resea~chAssoc. was. present. After discussion a motion was made by TRUSTE, E WENCZEL and seconded hy TRUSTEE GARRELL to close the hearing. ALt, AYES. A motion was made by TRUSTEE. KING and seconded by' TRUSTEE ~OLZAPF~ to approve the above project with a French drain above the ramp and the ramp can be concrete or Geoweb~ and a non-turf buffer behind bulkhead.. ALI, AYES. 8. FRANK SCAVONE requests Wetland Permit to const~ct a 45' bulkhead along toe of bluff approx. 4' high. 8' to 15' ahove average high water as per drawings. Located 1615 ~leetwood Road, Cutchogue. SCTM 9137-4-35. TRUSTEE KRUPSKI: Is there anyone, hear to represent Mr. Scavone? None A motion was made by TRUSTE~R KRUPSKI and seconded by TRUSTEE HOLZAPFEL to table this application until a report from Natural Resources has been received. ALL AYES. The fo!lowing is verbatim. 9. PETF~R ENNERS requests a Wetland Permit to construct a 4' X 35' dock and a 4' X !0' platform attached to existing bulkhead. Also to place rock on west side of property. Located 15 Esot Mill Road, Mattituck SCTM ~106-4-2. PETER ENNERS: I moved the dock. I scaled it down. TRUSTEE HOLZAPFEL: The one question ! had was the rock. You can put 50' of rock there and...Where are you ending the rock? It is very fuzzy. PETER~ENNERS: It is fuzzy. I will leave it up to Rambo. We are going to ~eep iq above the high water mark. TRUSTEE. HOLZAPFEL: O.~K. So the rock will all be above? PETER ENNERS: That is correct. When he puts ~t rock there, some it might fall in, I don't know. It is bound to happen, but. it is not in the plan to do that. TRUSTEE HOLZAPFEL: We just do~'t want to see that go out ten more fee~. PETER ENNERS: Absolutely. I understand. TRUSTEE KRD-PSKI: Is there anyone else here who would like to in favor of or against the application? ~.CYNTHI~INSK!: I own property adjoining the Dw~er property to the south and to the e~st. We are opposed to this project. Number one the property is zoned residential. The proposed use is c~mmerciai according to the correspondence we have received from the Army Corp. of Engineers. There is not enangh water around th~s proposed dock to accon,~odate a commercial boat. ?he sketch submitted is incorrect as to water' depth and contours. The or&ly way this location can be used for a commercial boat which will draw more water then...wi!! be to blow away the bottom with pr~p wash. Which will wash away the banks Board of Trustees 13 of the marsh area, kill that land and alter an already shallow channel in this area. This is very important to the boats that use this channel on a daily basis. The only safe way would to be require a dredging permit. This is a prime shetlfishing 8~ea that_ would, be adversely affected by any alteration at the bottom. Clams are con~lercially harvested from this area during open season. Although, I was informed before by the T~astees office that a DEC permit had been issued, the DEC in a telephone conversatio~ this afternoon indicated that a permit had not as vet been issued. If a permit is issued for this ~nd the bottom, does-get alt~--red, what is our recourse? Who do we go to then. This property is no~ suitah~le for commercial use. Had it been, we would have bought it ourselvesmany years ago when it was o~fered to us by the senior Mr. Dwyer. Thank you. TRUSTEE, KRUPSKI: I am looking in the file for a DEC Permit. Is there one here? There is a DEC Permit dated 1988 for the construction Of 133' of timber bulkhead inkind and in same location as existing and a 10' return approx. 10 c.y. of fill. That was the only work done in 19887 MR. ENNERS: Yes, it was. TRUSTEE KRUPSKI: That is the only DEC Permit I can find in the file here. MR. ENNERS: Mrs. Kaminski seems to think it is going to be a commercial. I have become a corm~ercial fishermen. I am coming to Mattituck to retire. It is not strictly for commercial us. A 1/4 of an acre of that size, you can't do any kind. of commercial there. I can tie a boat there. You have been on the property, yeu can see that is ridiculous. MRS. KAMiNSKi: My only reason for saying' that is when we received a letter from the Army Corp. of Engineers requesting our c~,~,ents on the project, they referred to it as a co~muercial, dock for commercis] use. TRUSTEE. HOLZAPFEL: When was that? ~RS. KAMINSKY: Within the last month. TRUSTEE HOLZAPFEL: It wasn't on the original application six months or so? MRS.~KAM!NSK~: The paperwork that we received from the Arm~ Corp. was only Within the last ~onth. TRUSTEE KRUPSKI: Originally the applicant ask for a 6 or 8' wide dock and we advised him since it was a residential structure, we only approve 4' wide docks on residential structures'. TRUSTRF~ KING: He had. amend~since. It was amended, to 4'. MR. "F/TNERS: I just want a gocclsu3ost~n~uial, dmck to tie up to. TRUSTEE KING: Doesn't the Home Occupancy Law let fisherme~ operate on a residential. The=e is ple2/ty of residential property on Mattituck Creek that is being~sedhy Co~ercia! TRUSTEE KRUPSKt': I don't TRUSTEE KING: I think it does. TRUSTEE. KRUPSKI~: That is why we requested that the dock be cut in width. MRS. KAMINSKY: I think it is more the length of the dock and that length of it there. There is just no water on either side of it. We are afraid that if any boat cf any size gets in there, that it is going to alter the bottom. You get in there at low water, there might be 2' there. Sometimes there is no water there at ali. TRUSTEE GAP~RELL: I think we have soundings. Board of Trustees 14 TRUSTEE HOLZAPFEL: We have soundings on their diagram and Jim went down himself and took some. TRUSTEE KING: The soundings I took on the proposed dock; 30; ~orth of the bulkhead, there was 10'. I took soundings at 1.ow tide., 12:30r took soundings at 12:45. This was the 21st of Sept~er. 30' north of the bulkhead there was 10' of water. 10' north of the bulkhead there was 9' of water. On the west side there was 12' water seaward of the end of the bulkhead. There was one point I coui~t even touch bottom.. TRUSTEE GARRET,L: Mrs. Kaminsky, do you want to come up take a look at this. TRUSTEE HOLZAPFEL: We had the same questions. We asked Jim' to go down just to check the numbers. TRUSTEE EING: You can go up here in this m~rsh and there is no wate~ up here. MRS. KAMINSKY: This is actually hard to believe. I have pictures. I don't have them in my folder. TRUSTEE KING: I would, like to say I did these soundings myself. MRS~ KAMINSKY: We show no water here at ail. Tb4s is all dry in through there. That is certainly witbin at least 4' out from there. If get over this way, we run aground in the area over here trying to get out. TRUSTEE KING: You can't. There is 40' of water right there. He runs aground back hers where there is a big rock. MRS, KAMINSKY: No. He drew it for me. TRUSTEE HOLZAPFEL: We took soundings right here. We had a 16' pole and we couldn't even touch bottom. That was at this place right here. We where all there for that.. MRS.!KAMINsK~/i That is my concern that if ~here is no water around there and if he starts changing the bottom there blowing the bottom out by putting a boat in there that is bigger than what that area would accommodate. You are going ~o change the bottom and y~u are going to start pushing that stuff is rur~nin~ aground Eight at t~at spot.~ TRUSTEE GARRELL: I guess it is a question of what size vessel too. If ~OU where ~unning a really big boat in there... .i ~ENNERS: The boat is 44' and draws 4 1/2' of water. The width of the boat is 14'8". It is like a lobster boat. It is all shoaled tb~ouxgh there. That is the deepest ~ ~ and he is running aground in through there. Which would be ri )fl the ~d of that dock.. MR ! don't think he could run. aground there. He is running agro~d in th~ fed~r's] channel then? Right. But what he is saying is that if you start changing the configuration of the bottom here your are going to push stuff off into the channel, it is going to be even more shallow than it is now. TRUSTEE GARRELL: How big is Jim Kaminsky's boat? MRS. KAMINSKY: 55''with 17' width I believe. TRUSTEE GARRELL: And dr'awe about MRS. KAMINSKY: I think we draw 6'. TRUSTEE GARRMr~r.: You are talking a 4.4' boat with a 4 1/2' draw and and 14 foot width., it draws almost 2' less and it is almost 3' narrower? MR. ENNERS: Yes. TRUSTEE GA/~RELL: That is a big' difference. Board of Trustees 15 _TRUSTEE KRUPSKI: Any other comment? Do I have a motion to close the hearing? A motion was made by TRUSTEE HOLZAPFEL and seconded. by TRUSTEE GARRELL to close, the hearing. ALL AYES. A motion was made by TRUSTEE KING and seconded by TRUS~EE HOLZAPFEL to approve above application.. ALL AYES.. I0. Eh-Consultants,-Inc. on behalf of RICHARD ZEI~L~ requests, a Wetland Permit to remove & replace ~in same location) 128 l.f. of bulkhead on southwest side of property. Remove (2) angled sections of bulkhead and replace with (1) 30' section to ccDnect north and south bulkheads. Dredge up to 10' in front of' 100' of bulkhead to maximum- depth of 4~ below ALW. Resultant 25 c.y. of spoil will be used for backfill only. Bulkhead elevation will match adjacent ~]kheads. Located ROW off Peconic Bay Blvd., Laurel. SCTM $145-4-15. TRUS~EKRUPSKI: Is there anyone hear who wants to speak in favor of th~..applic~tion? D~LE V~IE/{: Eh-Consultants on behalf of Richard Zeid!er. I am here if you have any questions. I spoke with Jill with regards dredging. The d~edging is just allowing for incidental dredging to backfill behind the bulkhead. We are not planning on dredging the entire creek. TRUSTieR KRU~SKt: That was our big question. It is very shoaled up in. there. For him to go ahead that operation would be very costly. TI~US~,E C~FJ,T,.: Yea, we thought 1200 c.y. i~q: That is not his intention~ We are just allowing for He just wants to utilize some of what is there. TRUST~ WENCZET,: I have a problem with that. TRUSTEE K~trBSKI: Lets just let... O..K. Fttrther he just wants to remove that and construct a~ 30' bulkhead from end to end, thereb~opening up the width cf the creek. TRUSTEE KRUPSKi: Any other cu~m~ents? We have no objection to this. We just want tc cisrif~ s to be done. M~iWALKER.: It is much needed. It really is. [ W~: We just_ got back in town yesterday'. We f~nd the notice in the shrubs. The bulkhead elevation will match adjacent bulkh~a~, but at the same time the 'sketch is showing it at an increas~ in height, if we are reading th~ s right. It is di~icu!t to r~it. TRUSTEE HOLZAPFEL: Can we just stcu there and ask Diane? DI~LE~VERRIE~: I have a copy of the profile of the bulkhead, right now~ TRUSTEE HOLZAPFEL: Is there any intention t~ have it higher? DI~/~E~LK ,VERRIER: No. It looks like. the pi!ing~ might be higher. The actual bulkheading and seething is supposed tc remain. TRUSTEE KRU--PSKI: As far as what ~he Walkers are questioning, it is impossible to tell from the drawing because there is no comparison. MRS. WAL~RR: I have a copy of the one done in 1,989 before the~ replaced they replaced the 63' This is higher then that. it appears' to be made against the same basic sketch.. MR. WAT~: What we would like to know is it going to stay the same height as the bulkhead that they put in in 89? DIANE LE VEPRIER: That is what we proposed. Board of Trustees 16 MRS. WALKER: It is contradictor~ here. And another thJ ag it says here remove and replace in the same location. Obvio~J~ly the angle piece is. being removed, but is the. entire bulkhead4ng be remove and replace? DIANE LE VERRIER: Yes, and putting a new bulkhead in place. MRS. WALKER: I still would like to know the dimensions~ because: it also says, if you look at the application here, the fill line is going up again. The fill line on the older one is lower. You are aware, because we have gone through this before, that.ce have a deeded ! view easement. Which is horizontal as well as vertical. We have had a lot cf trouble protecting that. It has gradmlly increased. He brings fill in. He does things, uses a 1.=ttle fill and then spreads the rest out. It keeps going up. I interp:ret this~as it is going to go up some more. DIANE LE VERRIE~: In response to that, I have pictures here which indicate a loss of back fill from behind the bulkhead., t don't know what was previously improved or what the previous fill permit or depth was, however, these things do change over time. ]}epending on sto~m events or whatever else occurs down the~e, if th~ back, il! is washed out from behind the bulkhead, ths~ in that part2.cular case it would be deeper. You would have than area to back fill That would be bringing it back to the present grade. ~MR. WALKER: That is know problem'. ~RSj WALER~: What we are talking about is increasing~e elevation. TRUSTEW. KRUPSKi: Diane, do understand tb~t there was a problem here? D~ANE LE VEPd~IER: I have heard a~eut the easement. TRUSTEE KRUPSKI: They are concerned that this portion .s going to be brand new here. This will be replaced ink~ud~inplace. ~is portion will be bran~ new and should be put in the same height as ex'%sting. ~MRS. WALKER: Not if it conforms with these sketches. I~ you look at, it is so confusing, here is this one and here is thisone. TRUSTEE KRU~SKI: That is where there prohiem is, the! ~re only sketches. ~. WALKER: Now we are going up to this.. Here is the~itl tine back when they did it in 89. This is filling up and above that. If we go to high up .... DtANE. LEVERRIER: ! see. what you are talk~n~ ~bout, but TRUSTEE HOLZAPFEL: '~here is no intention to.. DIANELR VERRtER: No, there is no intention to build a M~WALKER: He has put in 120 yard~ i/i the last s~ men trying to work on his bulkhead by putting sticks and su have it right into the creek. We only have a two foot c tide in the creek. As far as.him trying to take what he back, we having the d~edge c~ue in in the spring,, they care of it. He asks the dredge the. last time if they' we so he ca~ put a boat in. there. Tb~y ontywent two. feet They ruined the dredge. MRS. w~R~: Another concern of ours is if this is inde now we are going to have a slop downward. We are talkln the water coming into our area. TRUSTEE KRU~$Ki: Do we have an elevation on the existin TRUSTEE HOLZA~F~J.: Some way we just need to guarantee t think that is the bottom line. A motion was made by TRUSTEE GARRELL and seconded, by TR HOLZAPFEL to close the public hea~4ng. ALL. AYES, A motion was made byTRUSTR.~ KRUPSK! and seconded by TR' HOLZAPFEL to approve reconstruction of bulkhead inkindY col!. tbs. He has be ch, We now pening at iow lost ~nd put allows take. old. dredge his ~[ hit clay. ad elevated again about bulkhead? ~e~ height. I 3STRW. /STEE [npiace. and Board of Trustees 17 there will be NO dredging for backfill or otherwise and the eye-view easement must be respected subject to elevations on the surve~ to make sure the height of the b~lkhead wilt stay the. same. ALL AYES. 11. DONNA I. WEXLER requests a Wetland Pe~mi~ and Coastal Erosion Permit to construct 25' bulkhead to tie into existin~ h~lkheads on adjacent properties.. Place 2 to 3 ton stone armor seawar~ of bulkhead. Place 2,622. c.y. of fill and re-vegetate according to approved plan. Located ROW private Road. ~5, off Bridge Lane, Cutchoque. SCTM 72-1-3. A motion was made by TRUSTEE GARR~r~L and seconde~by TRUSTEE HOLZAPFEL to table the. application to speak, with the Town Attorney light of the settlement. ALL AYES. 12. BRICK COVE MARINA requests a Wetland Pe~t to construct a 104' steel jett~ bulkhead within 18" o~ existing eroded one ~n~. dra~lge~ 75 c.y. to below 6' of MLW and use spoil to replenish behind bulkhead. Lodated 1670 Sage Blvd., G~eenport. SCTM 57-1-38.3. A motion was made by TRUSTEE KRUPSKi and seconde~ by TRUSTRR to table this application until ~urther information is received. ALL AYES. V. RESOLUTIONS: None VI. MOORINGS: None Meeting adjourned at 10:15 p.m. Respect~uily ~ubmitted by: Jill M. Doherty, ~lerk ~oard of Trustees