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HomeMy WebLinkAboutTR-04/27/1995 )fdbert J. Krupski, President Town Hall John Hotzapfel, Vice President 53095 Main Road William G. Albertson P.O. Box 1179 Martin H. Garrell Southold, New York 11971 Peter Wenczel Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MINUTES APRIL 27, 1995 PRESENT WERE: Albert J. Krupski, President John Holzapfel, Vice-President William G. Albertson, Trustee Peter Wenczel, Trustee Martin G. Garrell, Trustee Diane J. Herbert, Clerk CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE I. RESOLUTIONS: 1. Board to set Public Hearings for the May 25, 1995 regular meeting for those applications that have received a Negative Declaration and the following applications which are Type II actions: a) Costello Marine Contracting Co., on behalf of DORIS COSGROVE requests a Wetland Permit to construct a 4' X 40' catwalk, a 3' X 18' aluminum ramp and a 6' X 20' float and (2) 2-pile dolphins. Located Indian Neck Lane, Southold. SCTM #86-5-9.4 TRUSTEE HOLZAPFEL moved to approve, TRUSTEE GARRELL seconded. ALL AYES 2. Mark Schwartz on behalf of JOSEPH MASCIA requests a Grand'fat~er,Pe~mit for an existing 3' X 6' catwalk, a 5' X 11' dock and reinstall a 3' X 14' ramp and 2 floats each 6' X 20' that were previously used at this site. Located 1600 Deep Hole Drive., Mattituck. SCTM #115-12-22 TRUSTEE GARRELL moved to approve the Grandfather Permit, TRUSTEE HOLZAPFEL seconded. ALL AYES 3. Land Use Co., on behalf of ROBERT MELCHIONE requests a Grandfather Permit to reconstruct approx. 80 1.f. of existing timber retaining wall. Located Oak Ave., Southold. SCTM ~77-1-8 .... TRUSTEE HOLZAPFEL moved to approve the Grandfather Permit, ~ ~ TRUSTEE ALBERTSON seconded. ALL AYES 4. J.M.O. Consulting on behalf of JUNE DUFFNER requests a Grandfather Permit to remove and replace 3' X 34' fixed dock, reconstruct an existing 3' X 12' ramp and install existing 6' X 20' float. Located 915 Bungalow Lane, Mattituck. SCTM ~123-3-11.1 TRUSTEE KRUPSKI moved to approve the Grandfather Permit with condition to upgrade height of catwalk, TRUSTEE WENCZEL seconded. ALL AYES 5. J.M.O. Consulting on behalf of JOHN A. MC GUIRE requests a Grandfather Permit to reconstruct inkind an existing 12' X 30' timber ramp, place 55 c.¥. of upland fill on eroded bank which was lost during 12/24/95 storm, install a 12' X 6' X 1' gabion mat and a 3' X 3' X 12' gabion cage at toe of timber ramp, install a 10' X 22' X 1' reno mat on eroded bank west of timber ramp, install two-high 3' X 3' X 6' gabion cages on western return and install a 21' X 6' X 1' reno mat and two-high 3' X 3' X 21' gabion cages extending in a westerly direction from western return. Located: 3630 North Sea Drive, Orient. SCTM ~t5-1-1 TRUSTEE HOLZAPFEL moved to table the Grandfather Permit until applicant gets pez~L~ission from neighbor to put structure on their property, TRUSTEE ALBERTSON seconded. ALL AYES 6. Board to rescind Emergency Storm Damage Permit'for 12/24/94 storm regarding JOSEPH CITARDI to construct 93 1.f. of bulkhead with (2) 16' returns as per DEC approved plan dated 3/6/95. Located: 56225 County Road 48, Southold. SCTM ~44-1-22 (New plans described in Public Hearing) TRUSTEE HOLZAPFEL moved to approve the rescinded permit, TRUSTEE WENCZEL seconded. ALL AYES 7. Costello Marine Contracting Co., on behalf of SUSAN NORRIS requests a Grandfather Pe£mit to reconstruct rock & timber jetties. Located 2790 New Suffolk'Ave., Mattituck. SCTM ~123-9-1 TRUSTEE KRUPSKI moved to approve the Grandfather Permit, TRUSTEE ALBERTSON seconded. ALL AYES II. 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 7:17 p.m. - In the matter of Peconic Associates on behalf of NARROW RIVER MARINA requests a Wetland Permit to reinstall Coast Guard approved channel markers as per maps dated April 21, 1995. Located: Narrow River Road, Orient. SCTM ~27-2-4 TRUSTEE~ KRU~SKI: Is there anyone here who would like to speak in favor of this application? JOE LAUBER: I live in Orient (could not hear him due to shuffling o~ papers)...I have been boating out of that marina for about 15 years and the last 7 or 8 with the present owners. I can only ~y that what they have done in the last 7 or 8 years is ~mprove he quality of boating by improving the marina and the service Specifically, to the issue at hand. In the first 12 years, I was using that south channel. I can show you the calendars or my garage wall. that channel is very shallow especially ~t low tide. In the last 3 years I guess the markers on the north channel were marked on one side. It really does improve the quality of boating. The last thing I want to say is that I have heard that one of the objections is to the current markers is ~s that that will lead to larger vessels coming into Narrow River to Hallocks. The markers have been up for three years and ag I said, I have been boating there for 15 years and I have not teen anything in the way of size or the number of vesselsl increasing coming into that end there. BILL L~THAM: I live in Orient and use Narrow River for 8 years, and what these fellows have done to improve the quality of boatinq is antastic. I feel that the way they have it marked, the channel , does no damage what-so-ever. No impact on the environment. It's a no-wake zone, and the Bay itself is impossible ~o navigate without these markers. It's totally impossible. Hallock's Bay is one of the most beautiful pristine BaS's on Long island. I think we all agree on that. And this hag no detrimental affect at all. IAN MC LAUG}.LIN: I would like to concur with these gentlemen a,.d I'll keep this brief. I've been a customer of Narrow Rive~ Marina for about 5 years now. Since the installatior of the permanent Channel markers I have not run aground once. Prior to that it was a regular occurrence at low tide. Anybc~dy who boats in that vicinity would probably tell you the sam9 thing. I'd also like to say that the Dacimo's have run an absolutely environmentally conscious pristine, family Oriented facility and the removal of those channel markers wil~ impact on their economic viability as a marina in the negativ~ and they have done nothing but improve the facility. ~ can't see why the removal of these markers would in any way enh~nce the environmental in Hallocks Bay. Boating cannot be .... except for very shallow draft vessels, cannot be increased b the presence of these markers. I think there is very little evidence to show that this reinstaltation of these markers wou .d have any negative impact on the environment. DR. BILL WEi~SSINGER: I'd like to agree with those past gentlemen h~ve said. I had my boat at that marina for about 8 or 10 years or so and have really enjoyed that a~ea. The problem is ~hat the south channel doesn't have 4' of water at low tide and will run aground time after time. When that north chan~el is ~arked appropriately there is really no problem. And that s for ~ears I guess, with the rock bottom there where it been deep and always will be. ED BEHRENS: I came from HicksvilIe this evening. I've been with these olks...I guess this is the second season. As far as the marina s concerned, I've been on many marina's on the south shore and t e north shore, and these folks really run a good operation. It's clean and pristine. Without the aids to navigation ~t would be very difficult. Even with the markers in there, at times, it can still be difficult. I spent last year of boat season .... and I really haven't noticed any increased activity. ~he people that I have seen use it, are the people who are mooI~d on the mushroom anchors off shore. A few occasional ~ople use that ramp, the Town 'of Southold ramp., and the boats ir the marina. I think it has to be. JIM MC NAME~ I just started in this marina last year, and I'm reasonably new out here. You people talk about a south channel, I on't know what a south channel is. So without those markers, I on't get out. The few times I tried to get in, I ran aground ~oing in there. There wasn't any good markers there. I r~lly think, just for safety factors. VINCENT DAC]~O: I'd just like to say that we do need the fixed markeIs. We discussed this before. The Coast Guard agrees with us. Without the fixed markers it would hurt our business without a doubt. As we discussed with the swinging of the tides, the length of chain, would cause a problem with boating and )robably cause a serious injury eventually. By going to th~ north channel it reduces the exposure of the Bay to the boaters- :o a certain extent and keeps the environment as sound as we possibly can. LARRY TUTHIIL: I installed the markers originally. My grandfather installed them back in the 1900's. There were about 300 markers at that time. This is a stone lined channel. If you get off the channel or so your into the rocks. It is very important t~t it be-marked so. and if it isn't marked as so you've got 0 go to the south channel. So it would be dangerous to operate boat in this area. TRUSTEE KRU~$KI: Is there anyone here who is against the app!ication~ STEVE LATSO~: I'm secretary to the Baymen's Association. I .wrote you a letter, and the Baymen voted Unanimously that we favor the s(uthern channel. And the reason is that's the one we all prefer ~.o choose. We've never had any problem even without markers, o%~r main concern is with Hallock's is it's a significant habitat. We don't want to see dredging in Hatlock's B~. Since Mr. Dacimo's come in there, there already has been dredging. I really think the consensus is have a feeling ti[at down the road your gonna see more and more requests to dredge that particular channel. ~eani~g the north channel. E~:pecially where it crosses the flat because that area naturally f~.lls in. We really don't want to see that. The south chann~l has stayed consistent, certainly in the last 20 years. My ~oat draws 3' and I have no problem getting in and out, even ii October when you get some really low tides. The real issue ]~ere is Hallock's B~y and the habitat area. I really thin][ the concept of having a channel deeper than the natural cha]~nel is a potential threat. I've already seen this become a potential threat. And that's what bothers us. Next thing you k]~ow, "well the bar out front, we can't quite get in there, mayb~ we should dredge that". "Hay,,it keeps spilling in right here, where we already dredged, we need to dredge this again." Ant! then your gonna have a maintenance dredge every couple of y.~ars. None of the Baymen have any trouble, with the channels wh~re they are. I think overall if you look at an economic pi~:ture I think Hallocks Bay from a shellfish standpoint .s a lot more valuable than a marina. We're getting kicked out )f Town already. It's one of our last footholds. I really thin[ you have to look at this a lot more carefully than what's prop~)sed. I have been involved in this issue all along and originai.ty when they wanted to dredge they wanted to dredge out Narrow Liver several different areas of Hallocks and we squashed al of that, but they keep coming back. It's a really scary thing I understand the need for safe navigation there, but that's ~'hy we use the south channel and you don't need markers. B~t if you want to put a couple of temporary markers then that's fine. I think part of the adventure of Hallocks Bay is to e:[plore it. The reason you go out in the water, is to investigate explore, to see what's there. That's why I like going in th~ water. That's why I chose that occupation. This concept tha~ everything has to be dredged out, so you could go 50 miles an hour, I feel is an erroneous concept. Once you get out in the ~)pen Bay, go ahead. TRUSTEE KRU]~SKI: Anyone else against the application? I would like to rea(! the comments of the CAC. They recommend approval with condit~.ons to mark the channel, however, the Council recommends ~:hat the sites of the permanent markers be replaced with floati~g seasonal buoys. And I'd like to answer that. We met with th~ Coast Guard and they felt that some of the locations, ])ecause of the narrowness of the channel, floating buoys.would not be safe, because of the swing of the chain. The last change would only leave 4 permanent markers. Two of then at the rock pile at the entrance and then two right next to those, the rest were changed to floating seasonal markers. Those are f,)r the 8" new piles. That doesn't inClude the permit for the two permanent piles at the mouth of it that mark the entrance to the Bay. To answer a couple of the other comments, one gentlem,~n didn't know what the south channel was. The south channel, if you come into the Bay, your facing east. And if you -continue on to the east, that's basically the south cha~nel. That runs i about half the Bay. Because of the incredible amount of c)ntroversy surrounding this, this application has really been before the Board since about 1990. This isn't something n~w. The Board went out. We did a survey this winter. We went out.when the wind was blowing out of the northwest f)r a day. It was extremely low water, we had a measuring szick. We measured the south channel. Without the markers, thD north channel was innavigable because of the low water the r~cks would have been a foot of the surface. The Bay Constable t~ok us out. He also uses the south channel. As a result of o~r survey, we tried to promote the south channel as the safest channel because of the lack of the rocks. We're going to hat the south channel marked also as an alternative channel to b used when your coming into Hallocks Bay. Because the oard feels that it's safer. It's straight, no rocks and we feel overall it's much broader than the north channel. As far as the request for dredging, I don't think this Board would De inclined to dredge. We don't have any request before us. ~owever, what Mr. Latson says is absolutely true. The value of the shellfish there .... not only the shellfish that exist there, but also the fact that it is really the only place in Southold own that scallops survived the "Brown Tide", make it invaluabl and that outweighs any private operation. Because that is the whole health of the skellfish industry there. We had many discussions with the Dacimo's and their agents and I think it is the feeling of some of the Board members that if they~want to put the markers out in the north channel it's more or less the same as if someone wants to put a dock over puDlic bottom, they're gonna monopolize that area of public bottom. The Board didn't request it, but it's their choice, and it's our obligation to entertain the application. Because it's not something that we're asking for. It's not something that we recommend they use. However, it's a legitimate rsquest because it's not different than any other dock, catwalk, or any other private project over public bottom. TRUSTEE GARRELL: I think one of the most impressive things was the conference with the Coast Guard. We tried to map out what seemed to be a solution that would work for everybody's benefit. I think that went very welt. That's what A1 has outlined at this point. TRUSTEE KRU~SKI: We did over the years accomplished the large permanent m~rkers which would have been a hazard to ice boating, t~at was one of our major concerns. They have been large eliminated from the inside of Hallocks Bay. The only one's being/applied for here are the ones near the mouth that the applicant and the Coast Guard feel are absolutely necessary. They cannot be floating aids to navigation. Any other comment by the Board? TRUSTEE WENCZEL: I'm sure the Board is aware that I don't think that markinc the north channel is appropriate. I don't think that if is arked I don't think permanent markers are appropriate. We have been over and oven that and I don't want to beat it ~eath, and I think most everybody 'has plenty of time to considerlwhere they stand on it. One point I would like to make is if ~he Board see fit.to grant this plan as it has been submitted, ~hat the location of the junction buoy I don't think is correct./ I think that the final ptace for that buoy Should be based on|the Bay Constable recommendation to site that buoy. Because wheze it is will take you up on the flat right now. TRUSTEE KRUtSKI: Would someone like to make a motion? TRUSTEE HOL~APFEL: Move to close the hearing. TRUSTEE' ALB~RT$ON:~ Second. ALL AYES TRUSTEE HOL~APFEL: I'll make a motion to approve the permit based on th~ Bay Constable place the junction buoy. TRUSTEE GAR}~ELL: Second. TRUSTEE WEN(IZEL: Nay 7:40 p.m. - In the matter of Prop-T Services on behalf of MICHAEL SLADE requests a Wetland Permit to construct approx. 135' of new bulkhead joining two existing bulkhead structures, excavate and dredge small area adjacent to new bulkhead, using spoil to backfill bulkhead. Located: 1435 West Road, Cutchogue. SCTM ~110-7-26 TRUSTEE KRUPSKI: Is there anyone who would like to speak in favor of the application? Would anyone like to speak against the application? TRUSTEE HOLZAPFEL: Move to close the hearing. TRUSTEE ALBERTSON: Second. ALL AYES TRUSTEE KRUPSKI: The CAC recommends disapproval of the dredging~ and the reason is ..... MR. ANGELL: We didn't feel it was necessary to have that. There's a nice beach there. TRUSTEE WENCZEL: How about that one dock that is high and dry now. MR. ANGELL: We think if the property is zoned residential then there"s no need. If it's M-1 then we think the dredging would be ~ppropriate, but not for residential. MR. FITZGERALD: It's zoned Residential. ' TRUSTEE KRUPSKI: I think when we looked at it we looked at it as a private enterprise and the fact also that it has filled in. There was water there before. It's sort of a maintenance operation. TRUSTEE HqLZAPFEL: Does he plan to keep his boat in that spot? MR. FITZGERALD: He would like to be able to. TRUSTEE HaLZAPFEL: He doesn't have another dock. MR. FITZGERALD: Yes, he does. TRUSTEE K~UpSKI: He owns all these. (indicating on map) TRUSTEE HOLZAPFEL: I thought all those docks were part of the M-1. They're not part of the M-l? MR. FITZGERALD: No, all of that property is his and he has access dock it for 4 boats which is the Town's policy. TRUSTEE W~NCZEL: When was that dredged last? MR. FITZGERALD: I don't know. Not in recent years. TRUSTEE HOLZAPFEL: Peter, in 1980 the beach goes right up to that corner, so there was no sand in there at all in 1980. TRUSTEE WENCZEL: I think the Board was viewing this as a maintenance dredge operation. TRUSTEE KRUPSKI: We're also gonna recommend a replanting of the beach with spartina alternaftora. MR. T. SAMUELS: Local knowledge. The former Mayor of Rockville Center owned that property and he owned the boat yard. That goes back at least 35 years. He had those slips all along there and whether he rented them or not, I'm not sure. So he did ha~e a' pre-existing non-conformance on those slips, and there was water there. Right up to the corner. TRUSTEE KRUPSKI: Do I have a motion to close the hearing? TRUSTEE HOLZAPFEL: So moved. TRUSTEE ALBERTSON: Second. ALL AYES TRUSTEE HOLZAPFEL: I'll make a motion that we approve with condition that the planting of spartina alternaflora on south side on 18" centers. TRUSTEE GARRELL: Second. ALL AYES 7:44 p.m. - In the matter of Eh-COnsultants Inc., on behalf of SALLY HAEFFNER requests a Wetland Pe~Lit to construct a one family dwelling, sanitary system, well, bluestone driveway, underground utilities and approx. 175 c.y. of clean fill will be trucked in from upland source. Located: 1950 Clearview Ave., Southold. SCTM 970-10-26 TRUSTEE KRUPSKI: Anyone want to speak in favor of the application? ELLEN LATSON: It doesn't say how many feet set back from .... TRUSTEE HOLZAPFEL: The deck is 75' from the edge of the wetlands. TRUSTEE KRUPSKI: It was one of those that required a full permit. TRUSTEE HOLZAPFEL: They asked for a letter of non-jurisdiction but we presumed that it was 75' and they would interfere into. We asked for a full application. TRUSTEE KRUPSKI: The CAC just had some questions about the wetland line. I think it might be a distance of about 5 or 8 feet probably that you are arguing about and since that they already have the permit and it's 75' it isn't an issue that needs to be addressed. ROB HERRMANN: The wetland line was delineated by us and corroborated by the DEC which issued the permit. TRUSTEE KRUPSKI: Then I think the way to ..... If we want a buffer zone I think if the wetland line is in contentionhere ..... You think it's accurate? TRUSTEE HOLZAPFEL: It's within 3 or 4 feet at the most. ROB: It's really a 50' buffer zone that's required addition by the DEC. TRUSTEE KRUPSKI: Because if it wasn't condensed we could certainly make the buffer zone start from the deck instead of the wetland. We could make it 20' Do I have a motion to close the hearing? TRUSTEE ALBERTSON: So moved. TRUSTEE HOLZAPFEL: Second. ALL AYES TRUSTEE HOLZAPFEL: I'll make a motion that we approve the application. TRUSTEE ALBERTSON: Second. ALL AYES 7:47 p.m. - In the matter of Land Use Co., on behalf of ROBERT MELCHIONE requests a Wetland Permit to enlarge living area of two-story dwelling by constructing a framed addition that will extend the length and width of house. Located: 1130 Oak Ave., Southold. SCTM ~77-1-8 TRUSTEE KRUPSKI: Anyone here who would like to speak in favor of the application? MR. BOWMAN: I am here if you have any questions. TRUSTEE KRUPSKI: .Is there anyone here who would like to speak against this application. CAC recommends disapproval on the retaining wall portion and approval of the building. Disapproval of the proposed applicant to construct approx. 80 1.f. of existing timber retaining wall which has been damaged. proposed reconstruction would require removing the timber poles which make up the existing wall in order to construct a smooth face timber retaining wall in same location. Materials will include CCA sheathing, pressure treated timber sheathing. whalers, galvanized tie rods. The purpose of the replacement is to prevent any further erosion during storm surges. The Council recommends disapproval because there is no need shown, the area does not show an erosion problem, the current structure is not functioning in an erosion prevention capacity. Applicant should plant spartina to prevent any possible erosion, that recommendation could certainly be entertained by the applicant. MR. BOWMAN: Sure. I think this issue of ..... (could not hear him) I have an aerial photograph here from 1976 which shows in fact in place in 1976. TRUSTEE KRUPSKI: I don't think anyone doubts that it's in place. I think what they're asking is the necessity of it. MR. BOWb{AN: If you look all along there everybody has concrete sea walls or retaining walls. There is health spartina marshes, no doubt about that. But even this wall during the 1992 storms, was ripped out. It seems to me to separate the lawn the beach area, and I think they want to maintain that separation since it's already there right now. TRUSTEE WENCZEL: I looked at it. This is kind of a technical question, and I guess I don't have the answer to. When you put in a new septic system, does the Health Dept. have to approve. MR. BOWMAN: Absolutely, in fact we're in the process of applying to the Health Dept. because of the well setback and again they are going to look at it as an improvement as well. TRUSTEE WENCZEL: What are you gonna do with the old pools? MR. BOWMAN:. We're gonna remove them. TRUSTEE WENCZEL: They gonna be filled in? MR. BOWMAN: Probably. TRUSTEE KRUPSKI: What about the retaining wall? TRUSTEE WENCZEL: The retaining wall is a couple of telephone poles. I think the Board would certainly want to entertain-the idea to the extent of having a non-turf buffer on the lawn side of the retaining wall. I guess I have a problem with being marked on the survey as a bulkhead. I would like to see that amended so it's described accurately for the future. MR. BOWMAN: We had a discussion with the surveyor about that. Your right. It'~s not a bulkhead. TRUSTEE WENCZEL: Because what happens is 15 years they want to replace inkind/inplace their bulkhead and all of a sudden there's a bulkhead. TRUSTEE KRUPSKI: What does the beach consist of. ~Is there any wetland vegetation? MR. BOWMAN: Vegetation on the side, sand. TRUSTEE KRUPSKI: Why isn't there wetland vegetation over the entire beach? MR. BOWMAN: I think it was just the Melchione's over the years using the beach. They have an actual bulkhead in some places and neighbors using it. TRUSTEE KRUPSKI: Motion to close the hearing? TRUSTEE ALBERTSON: So moved. TRUSTEE GARRELL: Second. ALL AYES TRUSTEE WENCZEL: I'll make a motion to approve the application for this application with condition that there is an upgrade of the septic system, a 20' non-turf buffer behind retaining wall, roof run-off be contained in drl~4ells & an amended survey to show it is not a bulkhead but a retaining wall. TRUSTEE ALBERTSON: Second. ALL A~ES 7;19 p.m. - In the matter of JOHN H. MULHOLLAND & MICHAEL P. ~ONTJE requests a Wetland Permit to maintenance dredge 400 yards to 3' below MLW on Mulholland & Brontje parcels (privately owned bottom), remove 200 yards each for 400 yards total, dispose on Mulholland parcel above above mean spring high water, (existing landscaped lawn area), add and restore a 3' X 30' open pile dock to Mulholland and twin pilings to each on remnant piles near waters edge of Mulholland property, haybales or wood chips placed and a 20' buffer landward. Located: 725 & 802 Island View Lane, 300' east of Bayshore Dr. Greenport. SCTM ~57-2-23 * 24 (NOTE: Applicant has revised plans as of 4/13/95 to reduce maintenance dredging areas and combine to 325 c.y. reduced dock width to 3' and elevated to 3.5' above grade, and include a cross section of fill area with disposal area expanded to the Bontje parcel with over-flow area also indicated. TRUSTEE KRUPSKI: The applicant requested a delay in the hearing. Since it was published we'll open the hearing tonight expecting no comment and we'll recess it until the applicant wishes to open it. Is there anyone here who wishes to speak either in favor or against this application? I'll make a motion to recess this hearing until next month. TRUSTEE ALBERTSON: Second. ALL AYES The following 8 applications are Emergency Sto£m Damage requests: 7:56 p.m. - In the matter of Costello Marine Contracting on behalf of ROBERT DIETRICH requests an emergency Storm Damage Permit to install 5 batter piles, extend easterly return 12' landward and place 10 c.y. of clean fill, all in accordance with NYSDEC approved plan dated 2/6/95. Located: 55755 County Road 48, $outhold. SCTM ~44-1-15 7:57 p.m. In the matter of ROSINA CUNNINGHAM requests an Emergency Storm Damage Permit to fill and re-vegetate bluff to restore damage by storm of 12/24/94 as per DEC specifications. Located: 55105 County Road 48, Southold. SCTM ~44-1-7 7:58 p.m. In the matter of DONALD CAVALUZZI requests an Emergency Storm Damage Permit to construct 60 1.f. of timber bulkhead with 2- 12' returns and place approx. 100 c.y. of clean fill, all in accordance with NYSDEC plans dated 1/5/95. Located: 55355 County Road 48, Southold. SCTM ~44-1-10 7:59 p.m. - In the matter of JOHN A. GOUVEIA requests an Emergency Storm Permit to reconstruct in same location 43 1.fl of existing functional bulkhead and extend western return to 10', construct 7 1.f. of bulkhead with a 10' return on eastern end, and place 100 c.y. of clean backfill, all in accordance with NYSDEC approved plan dated 1/3/95. Located: 55404 County Rd. 48, Southold. SCTM ~44-1-11 8:00 p.m. - In the matter of Craig Richter on behalf of LAZAROS LASKOS requests an Emergency Storm Damage Permit to temporarily relocated existing single family dwelling to east to provide new pile structure. Upon completions, relocate dwelling back to original location, construct 45 1.fo of bulkhead with approx. 8' angled armored return on west side, construct approx. 45' return along west line and place approx. 162 c.y. of fill, remaining concrete foundation to be broken up and placed under final house location, relocate septic system, all work in accordance with NYSDEC approved plans dated 2/10/95. Located: 55915 County Road 48, Southoid. SCTM ~44-1-t7 8:01 p.m. - In the matter of HIRANT CANDAN requests an Emergency Storm Damage Permit to remove and replace in same location 85 1.f. of existing functional bulkhead and place 25 c.y. of backfill, construct 52' of new bulkhead appurtenant to existing structure, all as per N~SDEC approved plan dated 12/20/94. Located: 55955 County Road 48, Southold. SCTM ~44-1-22 8:02 p.m. - In the matter of JOSEPH F. CITARDI requests an Emergency Storm Damage Permit to construct rock toe a~mor with a min. of one ton rock, create a sand dune over rock armor, to tie into neighbors on both sides all in accordance with NYSDEC revised plan dated 4/13/95. Located: 56225 County Road 48, Southold. SCTM ~44-1-22 8:03 p.m. - in the matter of Robert Bohn Contractor on behalf of MRS. ALPHONSEATWAN requests an Emergency Storm Damage Permit to reconstruct 6 footings, replace fireplace, repair skirting and stairs. Located: 56055 County Road 48, Southold. SCTM ~44-1-20 TRUSTEE KRUPSKI: Would anyone like to make any comments on any of these applications? The Boards been down there many times. TRUSTEE ALBERTSON: Motion to close the hearing. TRUSTEE HOLZAPFEL: Second. ALL AYES TRUSTEE KRUPSKI: I'll make a motion to approve these Storm Damaged Permit that the disturbed areas be re-vegetated with a non-turf, non-fertilizer species. TRUSTEE ALBERTSON: Second. ALL AYES 8:04 p.m. In the matter of WILLIAM PISARELLI requests a Wetland Permit to construct a 3' X 20' catwalk with 1 pile. Located: vacant lot south of Sterling Road, Mudd Creek, Cutchogue. SCTM ~138-2-26 TRUSTEE KRUPSKI: Is there anyone here who would like to speak either in favor or against this application? CAC recommends approval with stipulations that applicant follow the standard procedure and install a catwalk, ramp and floating dock in configuration. The walkway should be elevated at least 3' and disturbed areas be planted with spartina. CAC realizes this is a sub-standard lot. The 10' sidelines set back requirement cannot be followed. Do I have a motion to close the hearing? TRUSTEE HOLZAPFEL: So moved. TRUSTEE ALBERTSON: Second. ALL AYES TRUSTEE HOLZAPFEL: I'll make a motion to approve the application based on the amended application of march 22, 1995. TRUSTEE GARRELL: Second. ALL AYES 8:06 p.m. In the matter of Ural Talgat on behalf of ARTO KHRIMIAN requests a Wetland Permit to renovate an existing building which includes a wood structure with a concrete block foundation and a glass frame structure (qreenhouse) on a concrete slab. Applicant wishes to renovate the entire structure which includes encompassing the wood frame structure and the glass framed structure under one new roof using original footprint and foundation. The liveable floor area of the existing building, with the renovations, will not be increased. Located: 58365 County Road 48, Greenport. SCTM ~44-2-13 TRUSTEE KRUPSKI: Would any one like to speak in favor of this application? URAL TALGAT: I'm the architect for my client. As I said in the letter, we are not increasing the floor area of the building. We're maintaining that. We're increasing the volume of space which is completely different. There were some questions on the terms of that greenhouse structure which is a glass frame structure. It is part of the habual floor area of the main portion of the building which is a wood frame portion of the building. And so we would like to move ahead with that. TRUSTEE KRUPSKI: Is there anyone else here who would to comment on this application? The only comment is that if we permit something that is on the County highway, we don't want that to come back and "bite" us. I would recommend to the Board that we give this a conditional permit based on a written consent from the Suffolk County Highway Dept. saying that this project has their complete and total blessing. MR. TALG~T: I've written a letter to the County and am waiting for their response from them. Their initial comments were, "anything can happen". The owner has said if we need to move it back than move it back. Yes, if we need to move it back and the County says "no, you can't build on our property'. Then of course we would move it back, no problem. Even the building inspector said that. TRUSTEE KRUPSKI: We just don't want to legitimize'~your applicant's claim here by granting them a pe£~,Lit where we would be at odds with another governmental agency. Then it will just go nowhere. TRUSTEE WENCZEL: My comment is that .... and I guess we discussed this. The description of the project, I'm sure ...... I guess we looked at it differently. When I look at that building I see a bungalow with a greenhouse on one end, which you stated serves as a living room or sun porch, and when I look at the plans I see a two story building being placed on the foot print of that bungalow and greenhouse. I am not gonna deny it or vote to deny it because of that, but I just wish that we could get an accurate description on this. MR. TALGAT: I think the plans indicate a double height space on the side of the building, and we are applying for a permit based upon the plans. If at any point the owner goes in there and changes anything or adds anything he would have to go to your agency again, also to the Building Dept. to get approval to do that. TRUSTEE WENCZEL: My concern was that, on this tiny little postage stamp lot, with a cesspool under the living room, that if you significantly, and you said over and over that there would be no significant increase in the living space, that if you significantly increase the number of people and living space using it, I think we're asking for trouble. I think it might be appropriate that that be stipulated in the permit or reinforced that there be no finishing off of the second floor there. MR. TALGAT: Fine. TRUSTEE ALBERTSON: So moved. TRUSTEE WENCZEL: Second. MR. ANGELL: Our big problem was the septic system. From the structure you know it's substandard to the size house that is built here. We have real concerns whether that retaining wall will hold with the weight of the house, we think the whole project is very ill-conceived. TRUSTEE WENCZEL: Mr. Talgat, is there going to be a renovation of that septic system? MR. TALGAT: No. The septic system will remain as is. TRUSTEE KRUPSKI: I don't think you could upgrade it. MR. TALGAT: Right now the septic system, I believe from what we investigated, there is one ring and that everything goes to. And that is under the concrete patio that is in front of the bulkhead. It is under the greenhouse which is basically a conc=ete patio. It is the living space, what we are planning on doing, and we have had our engineer look at this, and size the concrete piers, so that to not disturb the septic system, is go below the septic system, hit soil and gravel in that case and bear on that. There is approx. 12 inches or more thick concrete. And as you know returns on itself back towards the COunty Road. There is also from what we found, an intermediate wall right in the middle, between the two walls, right in front of that bulkhead. Between the two end walls. Going north and south. TRUSTEE KRUPSKI: Peter, I think, if we could, ask .~or an upgrade of the system, we would. But I don't think...on a 25' wide lot I don't think we're gonna get anywhere. TRUSTEE WENCZEL: I know that, but I'm not an engineer and I don't know what could or couldn't be done ..... MR. TALGAT: Unfortunately the lot is so small, if you try add a septic system that is going to be completely under the building and crawl space and that is completely illegal. Right now the septic system as is, is encased on concrete and what we're planning on doing is building over that ..... our living space will be separated from that septic system with air and our building will be completely enclosed. So no septic acids will come into our building. It Starts going into the crawl space .... TRUSTEE WENCZEL: What would you do if it started to back up? TRUSTEE GARRELL: Is there any other .... you have a ring now that satisfies the Board of Health and used it for gray water, what if you looked for some kind of disposal. I'm thinking here's where you might really be able to deal with a composting toilet. This is the place where you've got the ring, it's approved, that would handle the gray water, and now the County won't say either way, whether you deal with a composting toilet, that's your business, but it seems that's a natural set up for it. MR. TALGAT: That's a good idea. MR. GARRELL: Because I can see it down the line, is periodically your gonna have to pump out the septic-system. MR. TALGAT: There's already a pipe that upsides the building to do that. So far, during a number of years, that the owner has owned the building the owner has never had to pump it out. TRUSTEE KRUPSKI: Is it gonna be a seasonal, or a full time residence? MR. TALGAT: I think it's a seasonal. TRUSTEE GARRELL: Yes, but the seasonal has a way of turning into full time. MR. TALGAT: I'm not sure you would want to live there. Basically there is not enough parking space. MR. ANGELL: If the County comes back and says you have to move the house back, the whole project gets smaller to fit by 3 feet. MR. TALGAT: What happens is the house gets smaller by 3 feet approx. TRUSTEE KRUPSKI: That's what we would condition our permit on. So that is we grant a permit tonight you just have to come in for a simple amendment to whatever the County specifications would be. So that your not going back and forth. MR. TALGAT: Even the Building Dept. needs that, so we're in the process of going to the County, getting some kind of directive, whether they say no, then immediately our drawings will show that. And I'll take your advise on your toilet and propose it to the owner. ~RUSTEE ALBERTSON: Move to close the hearing. TRUSTEE WENCZEL: Second. ALL AYES TRUSTEE KRUPSKI: I'll make a motion to approve the application provided we get a letter from the County permitting them permission to build in that area and with the suggestion that Mr. Khrimian that we explore and utilize a compostihg toilet as a means to reduce his total viable weight. TRUSTEE ALBERTSON: Second. ALL AYES 8:15 p.m. In the matter of En-Consultants Inc., on behalf of ROBERT & PH~LLIS MALLGRAF requests a Wetland Permit to remove and replace 75 1.f. of existing, bulkhead which will attach to and be same height as new bulkhead to each, backfill with 15 c.y. of clean fill to be trucked in from upland source, repair - an existing 9' X 12' deck by replacing decking, & railing as needed, remove existing deteriorated 3' X 32' fixed pier and replace with a 3' X 25' fixed section (4' above grade), a 3' X 12' hinged ramp and a 6' X 16' float secured by (2) pilings. Located 500 Goose Creek Lane, Southold. SCTM ~79-1-4 TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor of this application? ROB: We are here if you have any questions. TRUSTEE KRUPSKI: The only think we would require is that a step-down bulkhead and the part that is disturbed be non-turf. TRUSTEE ALBERTSON: Motion to close the hearing. TRUSTEE HOLZAPFEL: Second. ALL AYES TRUSTEE ALBERTSON: I'll make a motion that we approve this as stated that a non-turf buffer be in disturbed area between the retaining wall and new bulkhead, based on CAC recommendations. TRUSTEE WENCZEL: Second. ALL AYES 8:20 p.m. - In the matter of En-Consultants Inc., on behalf of DR. MELVIN MORRELL requests a Coastal Erosion & Wetland Permit to extend easterly return by 20' and backfill with 20+ c.y. of clean sand to be trucked in from upland via Bailie Beach Road to west. Return will be armored with 1-ton stone on filter cloth as is the remainder of the wall. Located Lloyd's Lane, Mattituck. SCTM ~99-3-4.6 TRUSTEE KRUPSKI: Is there anyone here who would like to comment on the application? TRUSTEE GARRELL: I had no problem with this one. It's clear that your coming with that stone on a filter that is already there. Move that the hearing be closed. TRUSTEE ALBERTSON: Second. ALL AYES TRUSTEE GARRELL: Move to approve. TRUSTEE ALBERTSON: Second. ALL AYES 8:21 p.m. In the matter of ANDREW T. FOHRKOLB requests a Wetland Permit to construct a 3' X 26' catwalk, a 2'6" X 6' ramp and a 5' X 25' float. Located: 670 Holden Ave., Cutchogue. SCTM ~137-4-30 TRUSTEE KRUPSKI: I looked at it and what I have a problem with here is the length of the catwalk. The floats an odd size. Instead of a 6' X 20', it's a 5' X 25' and I really don't have a problem with that. TRUSTEE WENCZEL: I think if we're gonna act on it I think we're forced to ask for a modification to the float size. TRUSTEE KRUPSKI: The problem I have is the length. 26' doesn't seem like that far and yet it depends from where it starts, it also seems to go out pretty far into the channel.' He says on the application it's. 10' from the channel. If you put this i0' from the channel and you put a boat on the end of it, it seems like it would be awfully close. And there are no similar structures in the. area. I really don't want to modify it without the applicant's input. TRUSTEE WENCZEL: Is this stairway pre-existing? TRUSTEE KRUPSKI: The stairway is sort of a crude ladder set up that's being used as a stairway now. No landings, any kind of structure there would be a hugh improvement. It looks like someone has been clawing their way up the bank. The CAC recommends approval provided the stairway is elevated 3' and replant with spartina at the base of the bluff. I think we're gonna table the application until we can contact the applicant. I'll make a motion to recess the hearing. TRUSTEE GARRELL: Second. ALL AYES 8:26 p.m. - In the matter of Susan Tarshis on behalf of STEVEN GREENBAUM requests a Wetland Permit to construct a 4' X 100' dock with 2 elevator lifts, a 3' X 20' ramp and a 7' X 30' float with 4-float piles and 4 mooring piles. Located 1073 Bay Home Extension, Southold. SCTM ~56-5-38 TRUSTEE WENCZEL: This one was a clerical error. I didn't inspect it because it was clearly not gonna be ..... TRUSTEE KRUPSKI: I'll make a motion to recess the hearing until the Board can properly inspect and assess the project. TRUSTEE ALBERTSON: Second. ALL AYES 8:30 p.m. In the matter of Eh-COnsultants Inc., on behalf of JOSEPH ST. PIERRE requests a Wetland Permit to remove & replace (inkind/inplace) 92 1.f. of existing timber bulkhead, backfill with 10 c.y. of spoil to be taken from an area up to 10' off bulkhead and a max. depth of 3' below MLW. Two existing timber groins (west 8' east 12') will be refaced with new sheathing without alterations of overall lengths, remove (without replacement) of existing platform and stairs, install a 3' X 12' hinged ramp off an existing walkway on top of westerly groin, and a 6' X 16' float with ramp resting upon it and secured by slides and rings to bulkhead. Located 370 Goose Creek Lane, Southold. SCTM ~79-1-6 (Malfunctioned tape, did not get to record this part of meeting.) TRUSTEE ALBERTSON: Move to close the hearing. TRUSTEE GARRELL: Second. ALL AYES TRUSTEE GARRELL: I'll move to approve the application with stipulation that a 20' non-turf buffer be placed landward of bulkhead, and that the peamit reflect that the Board no see any new dredging only what is needed and incidental to the project. TRUSTEE ALBERTSON: Second. ALL AYES 8:36 p.m. - In the matter of JOHN F. PETERSEN requests a Wetland Permit to enlarge 2nd floor living space. Located 970 Truman's Path, East Marion. SCTM ~31-I2-5.2 TRUSTEE ALBERTSON: Move to close the hearing. TRUSTEE HOLZAPFEL: Second. ALL AYES TRUSTEE ALBERTSON: I'll move to approve the application with condition that haybales and drywells be placed. TRUSTEE HOLZAPFEL: Second. ALL AYES 8:39 p.m. - In the matter of En-Consultants Inc., on behalf of MICHAEL KEELY requests a Wetland Permit to construct a 75+ 1.f. of timber retaining wall with (2) 8' returns. Approx. 50 c.y. of screened clean sand will be trucked in and used as backfill, and a 3' X 28' fixed Catwalk, a 3' X 12' ramp and a 6' X 16' float to be secured by (2) 8' pilings and a 10' wide vegetated buffer zone (non-fertilizer dependent) as per amended survey dated 3/1/95. (At this point defective tape was replaced with new tape) ROB: But I think we have it far enough back now and with the slope there that if you plant it and get by without any real serious storms it should take and it doesn't serve any other purpose. It will certainly help the buffer, that big a!ternaflora band there also. TRUSTEE KRUPSKI: I think we might add something on to this. I think that if it does get washed out by some sort of freak storm before it's established that it be replanted within the same year. Also we will as we have with the other applications along that area and all other retaining wall applications, request a 20' non-turf area, but that that area, because that wall has a potential to being overtopped, you plant something there that's going to have a significant via-mass, like Rosa Ragosa and when it's overtopped, it's not gonna just chew it all out, it's gonna hold the soil there, so you won't have any more damage. ROB: That was what I put when you asked me to put the 10' buffer. I put 'vegetated with non-fertilizer dependent species,' so that it wasn't a matter of loam but he could at least through the permit be allowed to vegetate the area with salt tolerant species to hold the fill from spilling back. TRUSTEE KRUPSKI: Could we have a motion to close this hearing? TRUSTEE ALBERTSON: So moved. TRUSTEE GARRELL: Second. ALL AYES TRUSTEE GARRELL: I'll move to approve subject to new description and also that if there should be a severe storm that wipes out the patents that it be replanted and that a 20' non-turf buffer of salt tolerant species put in. TRUSTEE ALBERTSON: Second. ALL AYES 7:40 p.m. - In the matter of FRANK ZIMMER requests a Wetland Permit to clear a 4' wide path. Located Main Road, Orient, across from Rose's Airport. SCTM ~19-1-18.2 & 20-3-1.2 TRUSTEE KRUPSKI: Anyone like to comment either in favor or against this application? My comments on this is that .... let me read CAC comments first. The CAC recommend approval with stipulations the pathway be allowed for human foot access only, the pathway be restored and limited to a 3' wide width and the dike repaired. The Council has concerns that the conditional nature of Hallocks Bay in the threat of horses and therefore suggest that no horses be allowed over the dike to the Hallocks Bay section. The Council also suggests th~ Trustee levy a fine for actions taken without obtaining permits. My comment is this whole thing is that I agree with the CAC as far as we did on our inspection. TRUSTEE WENCZEL: Did they say to repair it. TRUSTEE KRUPSKI: They said repair, but I want to be more specific. The dike has to be restored to its original height, a staked row of haybales be placed at the Hallocks Bay side permanently and that the area be reseeded. As far as dike maintenance goes, he should clear cut the dike and let it vegetate with vines and lower growth because the trees represent a threat and during a storm event they could topple over and leave a high hole. so as far as leaving a 3' wide path, I really don't agree with that. I recommend it to Mr. Zimmer that he clean the dike up to maintain it better. MR. ANGELL: The reason we want a dike, a small path is because the access is limited then to people not horse. TRUSTEE KRUPSKI: I think the Board is inclined to recommend that or condition that anyway, that no horses cross the dike. If he clear cuts it you could never stop .... it will be 2 miles wide, if he maintains it properly it's all gonna be a path over the dike.- I'm looking for...during the public hearing, for the reasons behind this. So we all have it on the record very clear. TRUSTEE WENCZEL: The reason behind it is that Hallocks Bay is a significant shellfish habitat, that parts of Little Bay, which borders on the south side of the property are already closed because of high coliform content, parts of the creek on the north side of the property is closed, and that any additional inputs of fecal material would be devastating to that area and result in additional shellfish closures. We cannot tolerate any large animals like horses leaving their manure, or any place there that might wash into the waters of Hallocks Bay. TRUSTEE HOLZAPFEL: I don't think any person has the right to walk all over the marsh. I think that a continuous walking in a path establishes paths in the marsh and will destroy it. It's happened at the landing in Narrow River Marina. If you go there, there area paths through the marsh that have been destroyed now because Trustees have allowed onshore/offshore stakes there. Andhalf of the marsh has been destroyed. We're saying that any activity within 75' has to be monitored. TRUSTEE KRUPSKI: It's the state's rights, not ours. TRUSTEE WENCZEL: The reason we grant catwalks is to avoid that kind of damage. TRUSTEE HOLZAPFEL: Just as a point, DEC doesn't own the actual wetlands, they bought the upland surrounding it. The Town still has a right to the wetlands. I know DEC bought the wetlands in orient. TRUSTEE KRUPSKI: No, don't they own between the dike and the water. What did they buy then? TRUSTEE HOLZAPFEL: I'm not sure. TRUSTEE WENCZEL: They bought the wetlands didn't they? I don't know if the wetlands are privately held. TRUSTEE KRUPSKI: Sure they were. They bought between the dike and the water. TRUSTEE HOLZAPFEL: The wetlands in Orient were privately held? TRUSTEE KRUPSKI: That's what they DEC bought. They didn't buy upland. They bought wetlands. CLERK: He claims.he has a permit to have Recreation Access. TRUSTEE KRUPSKI: But not from us. Because even though the state owns the Wetlands we still have jurisdiction, so we have the right to deny the use of horses on that land. TRUSTEE WENCZEL: You need a Wetland access permit from the State to go on those wetlands. CLERK: I believe he says he has it. TRUSTEE KRUPSKI: He says he has it but he doesn't have a copy of it. TRUSTEE GARRELL: Those wetlands passes are obtainable as a matter of routine. We do it all the time with oyster planting so whoever uses those wetlands would have a permit from DEC but horses wouldn't be on the map. TRUSTEE KRUPSKI: It makes no mention of horses on his waterway access pe£mit. TRUSTEE GARRELL: Move to close. TRUSTEE ALBERTSON: Second. ALL AYES TRUSTEE KRUPSKI: I'll make a motion to approve the requests which was a result of the wetland violation and applicant is going to have a permit to restore the dike to its original height in the violated area, to place a row of haybales in the disturbed area on the Hallocks or south side of dike, stake row of haybales to be left there pe~faanently, reseed the area within 30 days of issuance of pe&mit, and condition that no equine species crossing the dike. III. MOORINGS: 1. Dr. Joann F. Young requests a mooring in Mudd Creek for a 14' sailboat with a 150 lb. mushroom. ACCESS: Private. TRUSTEE KRUPSKI: There is already a number of moorings in that spot. There's probably room in Mudd Creek but as far as directly in front of that property there's a number of boats moored right at the very end of it. I'll make a motion to approve the two applications based on a revisit from the Baymen. 2. Donald Young requests a mooring in Mudd Creek for a 16' outboard with a 150 lb. mushroom. ACCESS: Private. TRUSTEE GARRELL moved to adjourn the meeting at 9:10 p.m. TRUSTEE WENCZEL: Second. ALL AYES Diane _:.J. Herbert Clerk. Board of Trustees