Loading...
HomeMy WebLinkAboutTR-07/25/2001MINUTES July 25, 2001 PRESENT WERE: Albert J. Krupski, Jr., President Jim King, Vice President Henry Smith, Trustee Artie Foster, Trustee Ken Poliwoda, Trustee Charlotte Cunningham, Clerk CALLED MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT FIELD INSPECTION: Wednesday. August 15, 2001 at 8:00 a.m. TRUSTEE SMITH moved to Approve. TRUSTEE KING seconded. ALL AYES. NEXT TRUSTEE MEETING: Wednesday, August 29, 2001 at 7:00 p.m. WORKSESSION: 6:00 p.m. TRUSTEE SMITH moved to Approve. TRUSTEE FOSTER seconded. ALL AYES APPROVE MINUTES: Approve Minutes of April 18, 2001, May 24, 2001, and June 21, 2001 TRUSTEE FOSTER moved to Approve. TRUSTEE KING seconded. ALL AYES II. MONTHLY REPORT: The Trustees monthly report for June 2001, a check for $5,166.28 was forwarded to the Supervisor's Office for the General Fund. PUBLIC NOTICES: Public Notices are posted on the Town Clerk's Bulletin Board for review. iii. AMENDMENT/WAIVERS/CHANGES: 2 JEANNE M. POWELL requests an Amendment to Permit #2275 to remove three (3) existing wood pilings and add five (5) new timber piles 8" x. 20 ft. in length rebuild in kind/in place 6'xl 5' wood step area along bank, add 6'x8' and 6'x20' float at end, for a "T" float design, add two 6'x6' steps, one on each side at shoreline, replace timber steps in kind/in place and decking - mooring permit - and to Transfer Permit #2275 from Bernhard Peper to Jeanne M. Powell. Located: 955 Lupton's Point Road, Mattituck SCTM# 115-11-6 TRUSTEE KRUPSKI moved to Table the application needs new plans. TRUSTEE SMITH moved to Approve application for a mooring. TRUSTEE POLIWODA seconded. ALL AYES. JOE & JUDY ZALNER requests an Amendment to Permit #5249 for a new sanitary system. Located: 700 Broadwaters Road, Cutchogue, NY SCTM#104-10-2.1 TRUSTEE KRUPSKI moved to Approve the application, TRUSTEE POLIWODA seconded. ALL AYES Susan E. Long on behalf of WILLIAM & LOUISE SEGALLIS request an Amendment to Permit#5279 to reconstruct bulkhead and install rock armor along it entire face. Located: 1170 Willow Terrace Lane, Orient, NY SCTM#26-2-23 TRUSTEE KRUPSKI moved to Table the application will go out next month to look at it as a Board, TRUSTEE SMITH seconded. ALL AYES Proper-T Services on behalf of MICHAEL CARBONE request an Amendment to Permit #698 to reconstruct the existing dock, fixed walkway 22.5'x4' hinged ramp 10.5'x3', floating dock 16.5'x5', and to Transfer Permit #698 from William Abinson to Michael Carbone Located: 1580 North Bayview Road, Southold, NY SCTM#70-12-34 TRUSTEE POLIWODA moved to Approve the application, TRUSTEE KING seconded. ALL AYES FRANK & ANTOINETTE NOTARO requests an Amendment to Permit #3692 to remove the outside pilings 10', parallel and away from the existing dock. This move will stay within the 15' off set from property line. Located: 635 Calves Neck Road, Southold, NY SCTM#63-7-30.1 TRUSTEE SMITH moved to Approve the application, TRUSTEE POLIWODA seconded. ALL AYES JOSEPH & PATRICIA FOELSCH requests a Waiver to extend existing driveway to go alongside garage to provide drive able access to back yard. Locates: 1400 Beebe Drive, Cutchogue, NY SCTM#103-03-93 TRUSTEE SMITH moved to Approve the application, TRUSTEE KING seconded ALL AYES 3 DOCKO. INC. on behalf of DAVID PATTERSON request an Amendment to Permit #4955 for the splitting and removal of a boulder, approximately 1(+/-) cy of stone over 10 (+/-) sf for upland disposal above the high tide line. Located Permit #4955 for the splitting and removal of a boulder, approximately 1(+/-) cy of stone over 10 (+/-) sf for upland disposal above the high tide line. Located: Hawk's Nest Point, Fisher's Island, NY SCTM#6-4-5 TRUSTEE SMITH moved to Table the application and will go over to inspect next month, TRUSTEE FOSTER seconded. ALL AYES Land Use Ecological, Inc. on behalf of JOSEPH CORTALE request an Amendment #5288 to construct a recreational dock facility consisting of a 4'x35' fixed CCA dock with a 6" dia. timber tie off pile 10' east of the dock. (8) 4"x6" timber posts are proposed to support the dock facility. A 4'x40' natural wood chip path is proposed to access the dock facility. Located: 2200 Glenn Road, Southold, NY SCTM#78-2-39 TRUSTEE SMITH moved to Approve the application with the stipulation that the boat not be more than 1/3 the way out in the channel, TRUSTEE POLIWODA seconded ALL AYES PHILIP B. SMITH transfer permit # 762 from James Ruggles to Philip B. Smith. Located: 320 Beachwood Lane, Southold, NY SCTM# TRUSTEE POLIWODA moved to Table the application because it is a different size dock, TRUSTEE FOSTER seconded ALL AYES 10. ANTHONY ALIPERTI (Contract Vendee) transfer from FRANCIS J. & ELIZABETH H. MURPHY request a one year extension Permit #5039 Located: 400 Ole Jule Lane, Mattituck, NY SCTM#114-12-13.1 TRUSTEE KRUPSKI moved to Table the application because it was not staked, TRUSTEE FOSTER seconded ALL AYES 11. BRUCE R. JOHNSON transfer Permit #1470 from CORINNE BOOS to BRUCE R. JOHNSON Located: 3765 Stillwater Avenue, Cutchogue, NY SCTM#137-1-1 TRUSTEE KRUPSKI moved to Approve the application with the stipulation that the Bay Constable look at it. TRUSTEE FOSTER seconded ALL AYES 12. Proper-T Permit Services on behalf of PHILIP ALBRIGHT to transfer permit #5131 from PHILIP ALBRIGHT to SUSAN BECKER Located: 4483 Wells Road, Southold SCTM#86-1-9.6 TRUSTEE SMITH moved to Approve the application TRUSTEE FOSTER seconded ALL AYES 4 13. HAROLD J. BAER -ONE YEAR EXTENSION permit #5040 - expires August 26, 2001 Located: 1425 Meadow Beach Lane, Mattituck SCTM#116-7-6 TRUSTEE KRUPSKI moved to Approve the application with the stipulation that a 20'non-disturbance buffer from edge of the deck - seaward TRUSTEE FOSTER seconded ALL AYES 14. PREM C. CHATPAR & THERESA PRENDERGAST request a one year extension to Permit #4943 for rebuilding a 1 -1/2 story garage/family room/library with condition that a 25' non-turf, non-fertilized buffer be maintained at the Midway Inlet area and the garage/family room/library not to be used for habitation and that drywells & gutters be placed on the new garage construction. Proposed project must be substantially started in order to be eligible for the last one-year extension. Located: 680 Midway Road, Southold, NY SCTM#90-2-9.1 (Patricia Moore, Esq. representing Ms. Prendergast) TRUSTEE SMITH moved to Approve the application that this will be the last one-year extension the project has to be substantial started. TRUSTEE FOSTER seconded ALL AYES TRUSTEE KRUPSKI moved to go off the Regular Meeting and go onto the Public Hearings. TRUSTEE FOSTER seconded ALL AYES I. 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) M1NUTES OR LESS IF POSSIBLE GUSMAR REALTY requests a Wetland Permit to re-seed existing area for existing sprinkler system and fencing. Located: 1695 Shipyard Lane, East Marion, NY SCTM#38-7-12 (POSTPONED PER ATTORNEY'S REQUEST) Land Use Ecological, Inc. on behalf of JOSEPH CORTALE request a Wetland Permit to construct a 3,380 s.f. +/- residence and a 1,620 s.f. pervious driveway, proposed septic system would consist of a septic tank and (5) leaching rings. The residence is proposed to be setback 90 +/- from the Tidal Wetland Line, the sanitary system is proposed to be set back 100 + from the Tidal Wetland Line. With all of the proposed activities the adjacent area coverage for non-pervious areas is proposed to be 14.4%. Located: 2200 Glenn Road, Southold, NY SCTM#78-2-39 TRUSTEE KRUPSKI: Anyone would like to speak with regard to this application? CHUCK BOWMAN: We had obtained a Waiver some time ago from the Board the house is almost 100 feet - 90 feet from the wetland area and the permit does include a 50' non-disturbance buffer so that is what we have. The sanitary system is out of your jurisdiction. TRUSTEE KRUPSKI: Is there any other comment on this? We just need to see a condition of a 50' non-disturbance buffer. CHUCK BOWMAN: Absolutely, and if you want a survey showing that is fine. We can do that. TRUSTEE KRUPSKI: Does anyone have any other comments? Do I have a motion to close the hearing? TRUSTEE SMITH: So moved. TRUSTEE KING: Seconded TRUSTEE KRUPSKI: All in favor. ALL AYES TRUSTEE POLIWODA: I will make a Motion to Approve the Wetland Permit on behalf of JOSEPH CORTALE with the stipulation that there be a 50' non- disturbance buffer in the wetland edge with hay bales placed at the 50' mark during construction. TRUSTEE SMITH: Seconded. TRUSTEE KRUPSKI: All in favor ALL AYES Land Use-Ecological Services, Inc. on behalf of FRANCIS & MARIA MCNAMEE request a Wetland Permit to construct 146 linear ft. including return of "Navy Style" low profile timber bulkhead installation. Proposed top of bulkhead installation is proposed to match existing elevations of adjacent existing bulkhead. (22) 8" Dia. CCA timber piles are proposed for the bulkhead installation 7' on center with a depth of penetration of 10' +. 30 +/- cy. Of clean fill is proposed to be trucked in and utilized as backfill landward of the proposed bulkhead. A 550 sq. ft. area is proposed to be planted with Spartina Alterniflora on 18" center this area is between the AHWM and the bulkhead. A 475 sq. ft. area is proposed to be planted with Spartina patens on 18" centers; this is the area between AHWM and the toe of scarp. Located: 910 Glenn Road, Southold, SCTM# 78-2-27 (AGENT WITHDREW APPLICATION) WILLIAM A. HANDS, JR. requests a Wetland & Coastal Erosion Permit to install 8' long by 24" above grade experimental timber groin and place 5 cubic 6 yards of pea gravel to each side to fill groin cell. Located: 960 Willow Terrace Lane, Orient NY SCTM#25-2-21 TRUSTEE KRUPSKI: Anyone here like to speak in favor of or against the application? This is one the applications that falls within the review of SEQRA (State Environmental Quality Review Act). We have a SEQRA resolution to read here. Resolve by the Board of Trustees of the Town of Southold that the application of William A. Hands Jr. more fully described in the pubic haring section #4 of the Trustee agenda dated Wednesday, July 25, 2991 is, pursuant to the SEQRA rule and regulations, an unlisted action and be it further resolved that the applicant is required to submit a long environmental assessment form and be it further resolved that upon receipt of the long environmental form the Clerk of the Trustees is hereby directed to commence a coordinated review pursuant to SEQRA. This is something that our attorney advised us that is required by law. I also had reservations about approving this tonight in relation to what else is going on in your front yard. So I would like to come out to your house and your neighbors and inspect that next month and try to come up with a comprehensive plan not only for you and your neighbor but for the whole stretch there so it will protect all the properties not just piece meal. We're afraid if someone does something here it's going to affect you. WILLIAM A. HANDS JR: I can appreciate that Al, all were trying to do is protect what we have. I think Kenny's suggestion was to put three of them as a trial basis and I went back to Hamilton at the DEC and he said absolutely no way he said he wants one and they want to monitor it. Al KR[IPSKI, JR: Now what about your neighbor, Segallis, what about their application to armor the toe. WILLIAM A. HANDS JR: I don't believe that's been approved, Ian Crowley is here, I believe Ian is the contractor on that and perhaps he can explain better that I can what Mr. Segalis is attempting to do but I think regardless of that I think everyone in the line would like to put an 8' groin in 20' apart and we're all willing to spend the money just to protect what we have so we don't have to go through Mr. Segalis's has gone through. AL KR[IPSKI, JR: Well see what Mr. Segalis has applied for it sticks out 7' by Itself. WILLIAM A. HANDS, JR: I don't believe that is correct. 1AN CROWLEY: After requesting the Dept. of State the rocks be taken off. TRIJSTEE KRtlPSKI: Oh so it just is bulkhead again. lan Crowley: Then it's just to build it in place. TRIJSTEE KRtlPSKI: Well you are more than welcomed to join us on our field inspection, we want to have the Dept of State out there also, because we really should have something in place for every property. lan Crowley: I missed Segalis's thought; I was a few minutes late. Sammy said that was tabled. TRIJSTEE KR[IPSKI: Well what are showed were the rocks sticking out 7'. One of the things we discussed in the field with Mr. Hands a month or so ago was armoring rock to protect the whole tow but it should be a consistent pattern there 7 of all those properties. lan Crowley: They don't want any rocks. TRUSTEE KRUPSKI: Well ! think we should meet with them on a, oh ! see, But there's no access there now. lan Crowley: No, that's what we've been waiting for, for 3 or 4 months finally We ceded and we're going to put it in place and no rock. TRUSTEE SMITH: In kind/in place. lan Crowley: It's in place it's going to be a different construction but it's going To be in line the walls going to be taken out. William Hands: If! may say something, Mr. Segalis is going to spend a lot of money. There rest of our bulkheads myself and about five other neighbors have already spent a good deal of money on bulkheads what we don't want to happen is we don't want to have to go through what Mr. Segalis is going through and what we're trying to do is we're trying to protect what we have we're not trying to steal anything. Those bulkheads were put in as retaining walls originally and we all gave up forty feet of property or they're about. What we don't want to do is have to spend a lot of money to replace these bulkheads what we're trying to do is protect them and all we're asking is what can we do. TRUSTEE KRUPSKI: We want to meet with the Dept. of State, put our heads together and come up with a plan for the whole section. William Hands: ! reiterate these were originally retaining walls, they are no longer retaining walls. And before we get into a problem here we would like to have permission to do something to protect what we have. TRUSTEE KRUPSKI: We just want to see a consistent approach done. You need help there certainly. William Hands: Well if you understand that then we're willing to go along with what somebody will let us do that's all we're asking. TRUSTEE KRUPSKI: So I'll make a motion to table the application, no we should send this SEQRA review out ! suppose to get the SEQRA going. SEQRA's like an extra step they have to take and you can call Charlotte and get The details on it. We're going to coordinate with the State anyway so anyway so it is not going to affect you anyway. Just call Charlotte and make sure everything is in place as it doe not hold us up ultimately. William Hands: Okay are you saying something will be done next month then or Your not saying? TRUSTEE KRUPSKI: No ! would rather meet with you on the site to see What's there, we would rather do this right. William Hands: Then you're going to contact us and tell us what to do? TRUSTEE KRUPSKI: No we're going to meet with you on the site August 15th. So you can bring lan Crowley. William Hands: I'll be glad to bring him. TRUSTEE KRUPSKI: So I'll make a motion to recess the hearing but make Sure he's coordinated with SEQRA. 5. DAVID BELL& RICHARD BUCKHEIT request a Wetland Permit for original deck along lA of back of house extend deck along entire back of house add stairs down to yard from center of deck. Construct a raised catwalk above the tidal wetlands from the edge of the tidal wetland to edge of water. Located: 1375 Island View Lane, Greenport, NY SCTM#57-2-14. TRUSTEE KRUPSKI: Is anyone here who would like to speak in favor of or against the application? I have requested in the field last week from the applicant we're in receipt of a plan showing an enclosed catwalk to the edge of the water in the location that we suggested. The project is changed from 65 to a little less than 40', about 38' but I thought we had discussed a three- foot wide catwalk. I think I'm kind of inclined to approve it subject to receipt of plans. Do I have a motion to close the hearing? TRUSTEE SMITH: So moved. TRUSTEE FOSTER: Seconded. ALL AYES TRUSTEE SMITH: I'll make a motion to Approve the application with a revised plan showing the catwalk 3' wide. TRUSTEE POLIWODA: Seconded. ALL AYES. JOHN & BEATRICE LEHNER request a Wetland Permit to replace deck serving rear entrance to existing house. Replace of ground level deck on bluff. Located: 505 Lake Drive, Southold, NY SCTM#59-5-20 Mr. Lehner: I wish to replace the decks on this house the steps are unsatisfactory, I have vertigo and my wife had a fall so we have to get new steps. We might as well put in a new deck. TRUSTEE KRUPSKI: That's fine you'll be all set. Mr. Lehner: I can go ahead? TRUSTEE KRUPSKI: Yes. Call Charlotte tomorrow and she'll give you the papers. Mr. Lehner: It's very difficult today with all the building going on and none of the contractors, I've contacted six of them, none of them replied I got a list of materials from JC PENNEY, $5000.00 for lumber alone but I can't get a contractor. So could I have an extension? TRUSTEE KRUPSKI: We'll give you two years to do the deck. TRUSTEE SMITH: I'll make a motion to close the hearing. TRUSTEE FOSTER: Seconded. ALL AYES TRUSTEE SMITH: I'll make a motion to Approve the application. TRUSTEE KING: Seconded. ALL AYES RICHARD & KIM PERRY request a Wetland Permit to construct a 4'x80' fixed CCA timber catwalk landward from existing catwalk structural CCA timber piles as required to support proposed 80' catwalk. Catwalk/dock shall be accessed on-site by a 4'x250' crushed stone pathway, pathway and catwalk lighting is proposed to be installed to the same. Propose extension of existing back yard to 100' from back of house (eastward) grade and seed as required install in ground sprinkler system in proposed expanded back yard and around the existing developed property. Install 16'x22' CCA timber deck against rear of house approximately 160' from wetlands. Located: 830 Clearview Road, Southold, NY SCTM#89-3-11.5 9 TRUSTEE KRUPSKI: Would anyone like to speak briefly on the application? RICHARD PERRY: I'm just here to answer any questions. TRUSTEE KRUPSKI: We reviewed this with you in the field. Do I have a motion to close the hearing? TRUSTEE SMITH: So moved. TRUSTEE FOSTER: I'll make a motion to Approve the application as read. TRUSTEE SMITH: Seconded. ALL AYES SAL CAMPO request a Wetland Permit to construct a 16'x32' built in pool with deck. Located: 1630 Landing Path, Southold, NY SCTM#70-9-53 TRUSTEE KRUPSKI: Would anyone like to speak in favor of the application? Henry you looked at this? TRUSTEE SMITH: I looked at this they got the DEC permit. TRUSTEE TRUSTEE TRUSTEE TRUSTEE the 16'x32' Campo. TRUSTEE TRUSTEE KRUPSKI: Do I have a motion to close the hearing? SMITH: I'll make a motion to close the hearing. FOSTER: Second ALL AYES SMITH: Make a motion to include the Wetland Permit to construct pool with deck located at 1630 Landing Path, Southold for Sal KRUPSKI: All in favor FOSTER: Second ALL AYES ROBERT & DIANE SCHROEDER requests a Wetland Permit for a two-story house, garage and swimming pool. Located: 150 Rene Drive, Southold, NY SCTM#54-06-4.3 TRUSTEE KRUPSKI: Anyone here like to speak in favor of the application? Diane Schroeder: To let you know we already had a permit which expired and that's why I'm here again tonight. TRUSTEE KRUPSKI: Do you have any comment? Diane Schroeder: No comment we're aware of the pond in the rear of the property which we were not supposed to do anything from 30' of pursuant to the previous permit and we're aware that you don't supply (can't hear) off of Rene's Drive pursuant to the previous permit. TRUSTEE KRUPSKI: Is there any other comment on this application? (Neighbor): a concern that I have is the location of your septic system Diane Schroeder: I spoke to the surveyor, whatever he had been provided with was wrong about the location so we're going move it and now that we don't need to have a well ourselves he can work around that and he' s going to move it I just have to give him a letter from the water authority saying that there is water available. (Neighbor): I knew that the Department of Health had contacted you and they have a copy of my direct relationship on file with the building department. TRUSTEE KRUPSKI: And you are ma'am? (Neighbor): I'm Leslie Wiseman the homeowner adjacent to the west. 10 TRIJSTEE KR[IPSKI: Just want to reference you on the survey, thank you. Leslie Wiseman: And you have a copy of my survey. TRIJSTEE KR[IPSKI: So you're satisfied? Leslie Wiseman: Well ! need to see a new survey Diane Schroeder: He will prepare that as soon as ! can show him there is public water and that we don't need the well then he can move the cesspools to the right location. Leslie Wiseman: There is just on other thing that ! would like to talk with you about and that is on your application your requesting a swimming pool and ! don't see it anywhere sited on your survey. Diane Schroeder: It just needs to be drawn in on the survey Leslie Wiseman: Because there are some concerns about location wells with the surface water and (can't hear) I'm a professor.., so ! want to make sure. I've lived in the neighborhood for twenty years almost and am aware of the soil conditions and problems the neighbors have had with basements caving in and ! don't want to see another neighbor have an unnecessary hardship in the construction (can't hear) so it needs to be carefully considered the footprint is now proposing on the second application about 4000 sqft as opposed to the first permit which was about 2500 sqft (can't hear) and wherever that swimming pool is going to fit and the pond... TRIJSTEE KRtlPSKI: Is there any other comment? We would like to see everything located on the survey beforehand. Diane Schroeder: The survey has to be redone now to show the proposed septic system then I'll show you the proposed septic system new survey with the draw in swimming pool area. TRIJSTEE KR[IPSKI: We're going to table this application tonight but we need to see that pond restored the original approval was for a short driveway off of Rene's drive adjacent to the house and the area north of the house left undisturbed so we need to see that pond done, excavated out and that big cut in there revegetated. Diane Schroeder: The original permit only talks about the real pond. TRIJSTEE KRtlPSKI: Well we make it very clear on the original permit this is very fresh in everyone's mind ! think board agrees that pond in the front, its labeled on an old survey and we all remember seeing it there and it being there and that area should be restored and then left undisturbed. Dianne Schroeder: Okay there was no pond in the front of the property and your permit only speaks about the rear pond. TRIJSTEE KRtlPSKI: Well we all remember the pond being there we were all on site whether is was 2 or 3 years ago and we all remember the pond being there the permit was in '99... (Can't hear) building envelope in front of the house no grading or filling to be done near and around ponds so ! think it was pretty clear what we requested there. There's a survey hear that you can reference if you want to come in the office tomorrow. And 50' from the house would give you.., it's one that a lot of the contours are whited out on and the date is June 9th 1999. And this house location differs substantially from the one you submitted in May of this year. 11 Diane Schroeder: Yes the proposed house has changed. TRIJSTEE KR[IPSKI: Okay, and ! think because the property is so constrained by the two ponds the one on the south and the one to the north that this house was approved because is really just fit between the two ponds and ! don't think any encroachment like that, that leads it right into where that pond is in fact that's a 58' garage so ! think if you look at the original survey that was approved it's a huge difference, what was approved as to what was applied for ! think what was approved earlier can be approved again what was applied for was substantially different. And in regard to the septic system this shows it 150' from your septic system, ! don't know if you're familiar with the old approval. Leslie Wiseman: Yes (can't hear) property values. So that you would be very clear about ... and be measured 23' from my well to our mutual property line and at 40th scale, which is what survey is at, it would have located even on the original survey my well approximately 73' from your original proposal which would have been resolved .... the idea is obviously to make sure that before you start construction (can't hear) so on the original survey its still less than 100' of land but that was because it was still located incorrectly by... ! don't know why... because the only permit has been there was 1990...you have a copy TRIJSTEE KR[IPSKI: We will Leslie Wiseman: You have one in your file, you have a letter from me and a copy of my survey explaining about the well, ! gave it to charlotte. TRIJSTEE KR[IPSKI: At any rate this will be cleared up because a lot of things have to be moved before we can go to approval. And this one your saying is correct? Leslie Wiseman: yes TRIJSTEE KRtlPSKI: Do ! have a motion to table the application? TRIJSTEE: So moved TRIJSTEE: Second All Ayes TRIJSTEE KR[IPSKI: We have to back to number 7 Richard and Kim Perry he already left he was happy but he'll find out tomorrow what really happened. We have to read a resolution in regard to SEQUA resolved by the board of Trustees in the Town of Southold to the application of Richard and Kim Perry more fully described in the public hearing section number 7 of the Trustee agenda dated Wednesday July 25th 2001 is pursuant to the SEQRA rules and regulations and unlisted action. Be it further resolved that the applicant is required to submit and environmental assessment form and be it further resolved that upon receipt of the environmental form a (can't hear) of the Trustees is hereby directed to commence a coordinated review pursuant to SEQRA. Second on this. TRIJSTEE FOSTER: Second ALL AYES 10. FRANK & ANTOINETTE NOTARO: Requests an Amendment to Permit #3692 to remove the outside pilings 10', parallel and away from the existing deck. This move will stay within the 15' off set from property line. Located: 625 Calves Neck Road, Southold, NY SCTM#63-7-30.1 TRIJSTEE KRtlPSKI: Does anyone like to speak in favor of the application? Against? Any board comment? Do ! have a motion to close the hearings? 12 TRUSTEE SMITH: So moved TRUSTEE KING: Second ALL AYES TRUSTEE SMITH: I'd like to make a motion to approve the application TRUSTEE KING: Second ALL AYES TRUSTEE KRUPSKI: What we're discussing is the line from the dock for safety purposes if there's any shellfish in the area they should be removed after November 1st. There are no lines connecting the poles to the dock all winter long. All in favor. ALL AYES 11. STEVEN SCHOCHET request a Wetland Permit to build two car garage 24' wide x 26' deep with storage above. Located: 425 Sleepy Hollow Lane, Southold SCTM#78-01-30 TRUSTEE KRUPSKI: Anyone like to speak in favor of or against the application. TRUSTEE FOSTER: ! looked at that and ! didn't really have a problem with it it's up land the only recommendation ! have is it's at the 75' line and I just recommend that they have a line of staked hay bales during construction and put some drywells in for roof runoff from the garage. (Can't hear) TRUSTEE FOSTER: there really isn't any plan in the files so ! didn't have anything to look at. Steven Schochet: ! have a set of plans ! was told ! had to apply for a wetlands permit. TRUSTEE FOSTER: Generally people submit a set of plans with it so that we have something more than a tax map # to go by there is a sketch in here but it's not as detailed as a plan would be. Steven Schochet: where do you want to see the row of hay bales TRUSTEE FOSTER: It's right at the 75' line so ! would say as close to the 75' line as you can get it and still do the project. ! don't know how much room your going to need there your going to have to dig footings in and ! would say 10' so at the 65' line would be good give them 10' for construction. Steven Schochet: And gutters and drywells TRUSTEE FOSTER: gutters and leaders and drywells for roof runoff Steven Schochet: (can't hear) TRUSTEE FOSTER: on the drywells, deep enough so that they're in sand so that they will work. TRUSTEE KRUPSKI: Do ! have a motion to close the hearing? TRUSTEE SMITH: So moved TRUSTEE POLIWODA: Second ALL AYES TRUSTEE FOSTER: I'll make a motion to approve the Wetland Permit for Steven Schochet for the two-car garage at 425 Sleepy Hollow Lane, Southold with the previous mentioned stipulation. TRUSTEE KRUPSKI: All in favor ALL AYES 13 12. CLAUS F. RADEMACHER request a Wetland Permit to construct a second story addition to existing one-story house within outline of existing house. Located: 350 Lakeside Drive, Southold, NY SCTM#90-03-16 TRUSTEE KRUPSKI: Anyone who would like to comment Claus Rademacher: Evening I'm the owner of the property and also the architect on the project we submitted a set of drawings to the town Building Dept. and they have indicated to us that we need to submit this through your office for approval whether or not we would be able to do this being that we're constructing and addition purely on existing structure of the house (can't hear) the original building was built about 1940 (can't hear) single story ranch style home and the superstructure is strictly under 1000 sqft on top of the existing house (can't hear) application for a DEC permit being that we're not affecting the foundation of the house or we're not going to be on the perimeter of the structure itself that's why we come to you. TRUSTEE KRUPSKI: The DEC we can't answer for we don't know TRUSTEE FOSTER: It wasn't posted I didn't see a sign up anywhere Claus Rademacher: Yes the sign was posted TRUSTEE FOSTER: I didn't see the sign anywhere, okay it was there. It's only 38' from the tide line I don't know how the rest of the board feels about it. To tell the truth I didn't have a problem with it but I think hay bales should be put up. TRUSTEE KRUPSKI: Normally on a project like this the whole board doesn't go out. This is what we'd like to keep is the vegetated branch. Claus Rademacher: We're not touching any of that we're strictly going up. TRUSTEE KRUPSKI: We need to see also drywells for the roof run-off. So that doesn't flow off the property it stays on the property. I can't see any other conditions. TRUSTEE SMITH: I'll make a motion to close the hearing TRUSTEE POLIWODA: So moved ALL AYES TRUSTEE SMITH: I make a motion to approve a second-story addition within the same footprint with the condition that there be drywells for the roof run-off and hay bales 20' off of the structure during construction. TRUSTEE POLIWODA: Seconded ALL AYES 13. TREVOR & ALLYSON DAVISON (Contract Vendee) requests Wetland Permit to construct a 18'x36' swimming pool clear up to 90' landward of tidal wetland boundary and establish a 50' non-disturbance buffer adjacent to the tidal wetland boundary. Located: 285 Grathwohl Lane, New Suffolk, NY SCTM#117- 6-14.1 TRUSTEE KRUPSKI: Anyone like to speak in favor of or against the application. ! do have a letter here objecting to the swimming pool concerning that the property could be easily flooded and the swimming pool of course emptied out into the creek. I'm going to have to ask Artie, what do you think? Neighbor Excuse me ! have a question TRUSTEE KRUPSKI: Yes Neighbor: Is there a map or something that shows where this will be? We're the adjacent property. 14 TRIJSTEE KR[IPSKI: Certainly, come take a look Neighbor: Okay TRIJSTEE FOSTER: It's at the 6.4 elevations TRIJSTEE KR[IPSKI: So they want to put it behind your garage Neighbor: And it would be how far from the garage? TRIJSTEE FOSTER: 61' TRIJSTEE KR[IPSKI: 61' this area here from the back of your garage towards the water they wouldn't be able to touch so this would all be left natural behind your garage. Neighbor: Where is their septic system. TRIJSTEE KR[IPSKI: Over by Grathwohl Road, yes NEIGHBOR: (Can't hear) Are there any requirements for hooking up to that water system? TRUSTEE KRUPSKI: Not from our Board NEIGHBOR: You don't have to if you don't want to? TRUSTEE KRUPSKI: No you don't NEIGHBOR: Okay TRUSTEE FOSTER: Do you get flooded out when there's a hurricane? NEIGHBOR: We've had water in the house, so you know, we're concerned about a swimming pool there taking up that much land and changing the water table. TRUSTEE KRUPSKI: Maybe they should elevate it. NEIGHBOR: The contour of the property goes uphill there. It's very low there, that house is over a hundred years old so some of the (can't hear) were grand fathered TRUSTEE KRUPSKI: So your house is right next to the garage NEIGHBOR: Yes, there is like a breezeway between the garage and the house TRUSTEE KRUPSKI: Okay, so you are much lower NEIGHBOR: Yes, I'm concerned about drainage, is it going to flood us out TRUSTEE FOSTER: That's a valid concern, the finished floor here... NEIGHBOR: Excuse me? TRUSTEE FOSTER: ! said you have a valid concern the finished floor here is 11.5 and the contour of the swimming pool is 6.4. They don't give a finished top of pool but it's five feet lower then the finished floor of the house. TRUSTEE KRUPSKI: That's true all that water is going to be dumping down there. Well the rain water if they clear it. TRUSTEE FOSTER: Well my point is that wouldn't it have to be above the flood plane? You know, the elevation of the pool would have to be above the flood plane ! would think. TRUSTEE KRUPSKI: That ! don't know TRUSTEE FOSTER: When you build a house it has to be, your floor has to be ten or eleven foot above, ! think. TRUSTEE KRUPSKI: You think maybe we better get another survey... TRUSTEE FOSTER: Well a little more detail, may be you want a finished elevation on it, especially where the neighbors are concerned about it. NEIGHBOR: Was there another complaint from another neighbor? 15 14. 15. TRUSTEE KRUPSKI: Our concern about the chlorine in the swimming pool entering the creek. We're going to table this application. Our concerns are the elevation of the swimming pool, and also how the final grade will affect your property. How it's going to run off. So we're going to need a plan showing the final grade with the elevation of the swimming pool. We'll be back here next month. August 29th. Okay. Any other comment? NEIGHBOR: Not right now. TRUSTEE POLIWODA: I'll make a motion to table the public hearing on this. TRUSTEE FOSTER: Second TRUSTEE KRUPSKI: All in favor TRUSTEE FOSTER: Aye. ALL AYES TRUSTEE KRUPSKI: We'll just do the SEQRA resolution on #14. Resolve by the Board of Trustees of the Town of Southold the application of Robert & Rita Pellegrini, more fully described in the public hearing section 14 of the Trustee Agenda dated Wednesday, July 25th, 2001, Is pursuant to the SEQRA rules and regulations and unlisted action, be it further resolved that the applicant is required to submit a long environmental assessment form, be it further resolved that upon receipt of the LEAF the clerk of the Trustees is hereby directed to commence a coordinated review to SEQRA. J.M.O. Environmental Consulting on behalf of ROBERT & RITA PELLEGRINI requests a Wetland Permit to install a 32'X 20" aluminum ramp onto an existing catwalk, a 3'X 6' float, 6'X 20' float and to install three (2) pile dolphins. Located: 1205 Point Pleasant Rd., Mattituck. SCTM#114-1-4 POSTPONED AS PER THE AGENT'S REQUEST Garret A Strang, Architect on behalf of PRESTON & NANCY HARRINGTON requests a Wetland Permit for minor alterations, addition to single family home including mudroom entry and basement access. Located: 1030 West Lake Drive, Southold, SCTM#90-02-03 TRUSTEE KRUPSKI: Anyone who would like to speak in favor of the application? GARRET STRANG: Yes, good evening Garret Strang representing the applicant. Like to submit to the Board the certificates of mailing (can't hear) posting. It's pretty straight forward if the board has any questions I'd be happy to answer them. TRUSTEE KRUPSKI: Is there any other comment? We've got a motion to close the hearing TRUSTEE FOSTER: Second ALL AYES TRUTEE POLIWODA: I'll make a motion to approve the Garret Strang, Preston & Nancy Harrington Permit TRUSTEE SMITH: Second TRUSTEE KRUPSKI: All in favor TRUSTEE FOSTER: Aye ALL AYES 16 16. Garrett A. Strang, Architect on behalf of ELIZABETH A. SENTELL request a Wetland Permit to construct an addition to the existing dwelling, which will consist of three bedroom and expansion of waterside porch. Located: 220 Lakeview Drive, East Marion, SCTM#76-03-34.3 TRUSTEE KRUPSKI: Is there anyone who would like to speak in favor of or against the application? GARRETT STRANG: Once again Garrett Strang representing the applicant. This is a continuance from last month and subsequent to that hearing the Board came out in its entirety and made an inspection. Sort of mentioned what we were proposing there although subsequent to last months hearing and further conversations with my client and we will probably be scaling back slightly the fishing nets going out towards the roadside. I'd like to address any questions or concerns the board may have with respect to this application. TRUSTEE KRUPSKI: We'll take any other comment first. Is there any other comment on this application? Does the board have any comments? Do you want to give this a conditional approval or do you want to see new plans? TRUSTEE FOSTER: Those people that wrote us a couple of letters didn't show up. We read them last month. GARRETT STRANG: There was one or two pieces of correspondence that were forwarded to the Board from neighbors addressing their concerns or objections last month and conversations that I've had with at least one of the neighbors who was representing himself to the neighborhood if you will, I don't think there is a formal association per say. But the concern there seemed to be that they thought that there was going to be a tremendous addition put on the building. We shared with him that what we were proposing was a l-iA story (tape end). They mentioned to me that there's a house that went in, in Gardeners Bay Estates that's eight or nine thousand square feet, that's based on their observation. They were concerned that this is what we were proposing to go on that site. He certainly couldn't comprehend the scale that we were proposing. TRUSTEE KRUPSKI: CAC recommended approval with a stipulation that hay bales be placed during construction and a non-turf buffer maintained. It says that the eroding banks being restored but I don't remember the eroding bank. GARRETT STRANG: I haven't seen any eroding bank. It's very heavily vegetated. TRUSTEE FOSTER: No it wasn't eroded at all. TRUSTEE KRUPSKI: What about the septic system where is that located? GARRETT STRANG: The septic system will be on the roadside of the house between the proposed addition and the road. There is an existing system there that will be abandoned, obviously. It's and antiquated old single ring cesspool. TRUSTEE KRUPSKI: (Can't hear) Marion Lake. GARRETT STRANG: That was our feeling as well being able to put in a health dept. approved septic system is going to be a definite asset over what's there now TRUSTEE KRUPSKI: Do I have a motion to close the hearing? TRUSTEE SMITH: So moved TRUSTEE POLIWODA: Second ALL AYES. 17 17. TRUSTEE SMITH: I'll make a motion to approve the application with a condition that we get a new set of plans. TRUSTEE KRUPSKI: Will they be in soon. I'd rather not approve it until we get the plans. GARRETT STRANG: Well we haven't really done any specific plans per say, we've done a footprint so that this board can be aware of the footprint that we've been talking about. We also need to file an application with the Zoning Board of Appeals. We've been waiting for disapproval from the Building Dept. so we can go to the ZBA. But that's our next course of action is to go to the ZBA and (Can't hear) change their philosophy as far as pre-existing set backs being Grand fathered and now anything that's in addition that doesn't conform requires variances (can't hear) pre-established setbacks. So it puts a new spin on things but it's what we have to do. So we were forestalling doing any definitive design drawings until such time as we had the variances. We didn't want to design things if the ZBA makes us make some changes. TRUSTEE KRUPSKI: But the problem, and it's come up, is that we approve it and then everyone else form the Health Dept. and the ZBA and everyone else down the line changes it. By the time the projects constructed it's nothing like what we approved then sometimes it becomes a problem. So once you get all your approvals, update your file with us. I don't think it's going to substantially change our environmental review. GARRET STRANG: No TRUSTEE KRUPSKI: I think it's just that our files should be the same as every other file in town so there's a consistency there. GARRET STRANG: I don't have an objection to that. Is it possible that that can be a conditional approval that we filed final footprint and or drawings once the other approval was granted? TRUSTEE KRUPSKI: Sure GARRETT STRANG: That way we know that at least we have this boards approval to proceed to the next step. TRUSTEE KRUPSKI: Oh, sure. Otherwise you can't proceed. GARRETT STRANG: That's exactly the point. TRUSTEE KRUPSKI: And also the condition that the existing septic system be filled in and abandoned. GARRETT STRANG: building construction in TRUSTEE KRUPSKI: GARRETT STRANG: TRUSTEE KRUPSKI: that. All in GARRETT We'll be building over is so, at this point. I mean we'll be its place; it will have to be removed. And also that the drywells (can't hear) the roof line. No problem. And hay bales during construction. I have a second on favor ALL AYES. STRANG: Thank you. John Fisher on behalf of REV. W. JOEL WARNER, JR. requests a Wetland Permit for a second story addition not to exceed existing boundaries of structures to be used as a study and second story deck. Located: 270 Smith Dr. South, Southold. SCTM#76-3-34.3 18 TRUSTEE KRUPSKI: Anyone like to speak in favor of the application? JOHN FISHER: I'll answer any questions you may have. TRUSTEE KRUPSKI: Who inspected this TRUSTEE SMITH: I looked at this Al. I didn't see any problem with it but there's canal that comes up pretty close to the addition. I'd request, it's a bulkhead but still I would request hay bales during construction with a silt fence. TRUSTEE KRUPSKI: How about drywells TRUSTEE SMITH: Yes, I don't know what's the amount but drywells contain all room runoff. TRUSTEE KRUPSKI: Any other comment? Want to make a motion to close the hearing? TRUSTEE SMITH: Yes, I make a motion to close the hearing. TRUSTEE KING: Second TRUSTEE FOSTER: All in favor, aye. ALL AYES TRUSTEE SMITH: I'll make a motion to approve the John Fisher for Warner Jr. for the Wetland Permit on Smith Drive South. The only stipulation is we'll have drywells that will contain all roof runoff and there will be a row of hay bales with silt screen put up during construction and to be removed after the property is landscaped and (can't hear) will be grass (can't hear). TRUSTEE KRUPSKI: Is there a second TRUSTEE POLIWODA: Second. ALL AYES 18. JOHN HURTADO on behalf of MA TINE, INC. requests a Wetland Permit to construct a one family residence with attached garage. Located: 545 Albacore Drive, Southold, NY SCTM#51-01-18& 19 TRUSTEE KRUPSKI: Anyone here like to speak in favor of the application? MARION MAYNO: Of 655 Albacore Drive, adjacent property I have no objections of building a house on this lot but I would like to call to the attention of the Board that our association has put a request into the Board to come up with an overall plan for this natural watershed area between Albacore, Tarpin and Main Road and there are as you know a natural watershed coming under the Main Rd into that area, we just want you to be concerned about all the other properties. This particular one I do not think has any streams going through it although there is that easement right between the properties where there's supposed to be water flowing going underneath Albacore to the other side. So I don't know if there's a (cant' hear) on this property. TRUSTEE KRUPSKI: Where's the drain there. MARION MAYNO: There's a drain in between, well it looks like they bought that strip of property there. It goes along in the plans that they projected. (Can't hear). TRUSTEE KRUPSKI: There is a requirement from both Wetlands both fresh and salt-water wetlands that there be a fifty foot non-disturbance buffer. But what is that drain, is that a road drain along the property line. MARION MAYNO: Yes TRUSTEE FOSTER: Might just be a swell, but you live right next to this? MARION MAYNO: Yes 19 TRUSTEE FOSTER: Lot 30? Well okay, that's what it is. MARION MAYNO: I'm on the other side of the drain. TRUSTEE KRUPSKI: Is there a pipe actually going out into the canal by your property there? MARION MAYNO: It is my understanding, we're the second homeowners to own it that never extended out into, there's an opening at the canal side and we think that just raccoons live in there and that it doesn't go, that they don't connect. But anyway that what the neighbors had told us that it was never planted. I know that (can't hear) control does clear a little stream along that drain going under the road to the other side to keep the flow of water going that's my only objection. TRUSTEE KRUPSKI: Thank you, any other comments? TRUSTEE POLIWODA: I make a motion to close the hearing TRUSTEE SMITH: Second TRUSTEE KRUPSKI: All in favor? TRUSTEE POLIWODA: I'll make a motion to approve the Wetland Permit on behalf of Ma Tine, Inc to construct a one family residence with attached garage, located 545 Albacore Drive, Southold with stipulation there will remain a 50' non disturbance buffer between the wetlands and uplands and there be a drywells for roof runoff. TRUSTEE FOSTER: Hay bales TRUSTEE KRUPSKI: All in favor TRUSTEE FOSTER: Aye. ALL AYES 19. Meryl Kramer, Architect on behalf of KATHERYN CAMPBELL request a Wetland Permit for a first floor addition to existing one story residence with new two-story addition. Any new septic work shall be landward of house. Located: 570 Hippodrone Drive, Southold, NY SCTM#66-2-12 MERYL KRAMER: I guess I just want to reiterate that we do have DEC approval and that this is actually an alternate location to the addition that was suggested by the DEC and that we are within 64' of flagged wetlands, and I'll be happy to answer any questions. TRUSTEE KRUPSKI: I'm going to take all the comments first. Are there any other comments? Yes? ANN BUCKLEY: I am a neighbor of Kathryn Campbell, I'm deeply concerned about the effect on our creek, Hippodrone Creek I think it's called. Kathryn abuts the creek and it appears from this survey that I have seen that the house will be more than double in size. My feeling is that that entails (can't hear) endangering that little tiny fragile piece of wetland. We already are in trouble with that creek at the mouth of it because it blocks up the erosion. The application of Kathryn Campbell says that the purpose of the construction will be to expand living space, (can't hear) usually do, but does that mean bedrooms and bathrooms, to me it means there are going to be more people on this very little piece of wetland. The survey does not indicate where the septic system will be located. I know when my house went up my septic takes up my entire front yard which is adjacent to Rodgers Rd so it wasn't an issue, but I can't picture for the life of me where this new septic system or a major addition is going to end up except too close to that 20 creek. In the past Kathryn (can't hear) used for rental property. That's in the past, in the past ten years she has perhaps no plans to do that again or whatever I'm just going on what ! know now and that has been a rental property for the past ten years, the tenants has been awesome they've been (can't hear) whatsoever, it's just that now that your going to larger units of people, I'm so concerned about that little creek, I've grown up there, very, very, very, (can't hear). Lastly ! would direct the Boards attention to their very first 97-11 of the code, which says that you're here to protect. That their development is increasing and encroaching upon eliminating many of its wetlands, this to me is encroaching on that wetland this is your very, very first a of this thing. This is exactly what you're trying to prevent as far as ! can read it. Thank you. TRUSTEE KRUPSKI: Thank you. Could you answer the question in reference to the septic system location? MERYL KRAMER: Well the septic system is located on the landward side of the house right now so where it says concrete cover, ! don't know if you have a copy of this? ANN BUCKLEY: ! do, thank you for asking. MERYL KRAMER: The upper left hand side of the property where it says 12.8 as the grade, that's the concrete cover of the existing septic system. At this moment we don't know whether we're going to be required by the Health Dept. to increase the septic because we don't know whether or not we're going to get approval as to a couple previous applications. We're going for the trustees, we're going for the ZBA, so we don't know whether or not until we get that approval are we going to (can't hear) otherwise you know it's going to remain the same (can't hear) need to change the septic unless the Health Dept. required us to we're not adding number of bedrooms as much as we are expanding the tiny ones that are there and putting the second floor (can't hear) the number of users and in answer to your question also the owner is not going to, it shouldn't really matter ! don't think, she's planning on using this other(can' hear) for... ANN BUCKLEY: And for rental ! know that, that is just what ! had heard (can't hear) MERYL KRAMER: (can't hear-talking to each other) it's not rented any longer ANN BUCKLEY: Okay you know that is certainly none of my business (can't hear) its just that there's such a need for renovation (can't hear) and that is so fragile that little thing. Am ! allowed to say that the DEC came down (can't hear) to open up the mouth of that creek into the bay in April and then you good people said, no you've got to do it it's an emergency which it was because the pond wasn't (can't hear) and we thank you very much for that. It boggles my mind that the DEC then goes ahead and says sure, you know, with this major renovation. MERYL KRAMER: We are within the setbacks that are existing and not doing anything outrageous. We are putting an addition onto the first floor and then hence the second floor will be added but it's going to be slow (can't hear) it's not going to be a two story box by any means, it's going to be a asset... ANN BUCKLEY: No (can't hear) and ! appreciate it, I'm concerned about the expanded living space, meaning more people can live there, more people means more traffic on this little (can't hear). 21 MERYL KRAMER: I know that you do have recommendations in terms of drywells for drainage and gutters and leaders leading to drywells and hay bales during construction and certainly any other recommendations that we could do to keep this addition from affecting the environment, ! think once it's all said and done it's not going to impact the environment any more then than it does now. TRUSTEE KRUPSKI: I'd like to take other comments. MERYL KRAMER: Yes. CARLA RABANSKI: ! live adjacent to empty lot, this property that ! own. MERYL KRAMER: ! don't recognize the name. CARLA RABANSKI: Subtlety, there are four sisters; Subtlety the letter was sent to. MERYL KRAMER: Okay CARLA RABANSKI: She happens to be in California, so I'm here speaking for the family. Our concern is the easement which is the road leading to the house. There is no structural support there it is all vegetation and with trucks and tractors and other things that are going to be on that road, it' s just dirt and grass and our concern is the fact that with all of this extra heavy traffic that may be destroyed, again as Ann says, the fragileness going into the creek and somehow blocking the creek, this is the major concern with the heavy tractors and the addition, she's more than doubling the size of the house, so. ARTIE FOSTER: Well it's a valid concern, it not even a stone driveway. CARLA RABANSKI: its just vegetation that's holding this road together. TRUSTEE FOSTER: Yes, which is okay it affords it some support but on, you know the right time of the year that isn't going to do anything for a cement truck or a lumber truck especially if it's wet. Your probably going to end up upgrading the driveway to be able to get the heavy equipment in there, but the one concern that ! have about the whole situation, we don't have a survey, are you adding bedrooms? MERYL KRAMER: Again we're waiting because we have to go through you and then we have to go through ZBA to know whether or not we're even going to get the approval for the footprint before we do all the designs for the house, so we're either... TRUSTEE FOSTER: Well think out loud a little bit, tell me... MERYL KRAMER: The house has three bedrooms, so, we're probably going to keep three bedrooms and she has a living room, dining room, kitchen and she wants an office, combo TV room/office for the kids to go in so that when the adults are in the living room the kids-so really all we're adding if we're adding, if we get approval. TRUSTEE FOSTER: Making existing rooms bigger? MERYL KRAMER: Making existing rooms bigger and adding a porch. TRUSTEE FOSTER: Well I'm a little concerned about the septic system, honestly, because it shows one concrete cover, now... MERYL KRAMER: Yes, we don't know what's under there obviously and we might have to investigate that and upgrade it depending on... TRUSTEE FOSTER: Well, that was going to be my next question, you have really little or no access back there once this thing is built and ! don't think that 22 one cesspool is going to substantially take care of that, especially where it's an old cesspool, this has been there a long time this house. MERYL KRAMER: It was rebuilt a year or two ago because it started to collapse. TRUSTEE FOSTER: But it's how old would you say? MERYL KRAMER: Probably fifty or sixty years. TRUSTEE FOSTER: So your probably dealing with a fifty-year-old cesspool, which is going to fail, maybe as we speak, and I think that should be addressed. You certainly should have that septic system upgraded to the minimum Suffolk County Health Dept., I'm not saying you have to go to the health dept, but minimum Suffolk County Health Dept. requirement at this point in time or get an engineers report verifying that that existing septic system will substantially take care of the use that it's going to get from this house. I seriously doubt that it will, but certainly something should be done with it while you have the opportunity and the access to do it prior to building any of this. It's like buying a new car with an old engine. MERYL KRAMER: I think that we would definitely want to upgrade if the need is required. I have a special problem there that that particular cesspool also includes the drain-off from our garage that has a shower and a bathroom in it because that property was once owned by my grandparents. TRUSTEE FOSTER: So your shower drains into their cesspool? MERYL KRAMER: Yes. So I have a special concern about their septic system. TRUSTEE FOSTER: Well that's understandable that's even all the more reason to upgrade. Are all these houses serviced by public water? MERYL KRAMER: Yes. TRUSTEE SMITH: I know up in that neighbor hood, Biexedon Estates, some of those houses share cesspools. MERYL KRAMER: Well my grandparents had the foreside to buy the property, the house the property behind it which is the adjacent empty lot and the one off to the side which then they deeded to my uncle. TRUSTEE FOSTER: Right. That's not uncommon. That's the business I been in for thirty years and all along the Cutchogue shoreline we went and tried to separate all these little cottages that were on one piece of land and they divided and come to find out they're all on one common system and who pays this week to have it pumped, so we went down and separated and put their own systems in but it's very difficult many times because you don't have the property. MERYL KRAMER: It' s not our house that' s on there it' s just the garage, that' s a garage and a half with a shower and a toilet in it. TRUSTEE FOSTER: Well you have to address that. TRUSTEE KRUPSKI: All right I think we'll move this along though. Obviously we'll a provision for an upgraded septic system whether it includes the neighbors or not that's out of our jurisdiction. TRUSTEE FOSTER: It has to be one of the terms of the permit. MERYL KRAMER: How does that get addressed it is obviously a situation that has to be addressed. 23 TRUSTEE KRUPSKI: This is going to be way out of our jurisdiction. I would guess as far as whomever hooks up to it would be the applicant's business. The other concern that we have is for the potential impact of the equipment coming in the existing driveway that should be addressed too. When it is graded so that it is not going to drain into the creek. TRUSTEE FOSTER: ! think you have to put hay bales along here and put in a pervious driveway. TRUSTEE POLIWODA: The driveway is up against the wetlands. Should remain non-pervious. TRUSTEE KRUPSKI: As Arties said when you get the big equipment in there when you get freezing and thawing but the time that permit it is going to March of what year. It is going to be freezing and thawing and rambling every day. TRUSTEE FOSTER: Once it is rutted up, and it starts to run bare and grass and the mud starts flowing. TRUSTEE KRUPSKI: What about the question of the driveway over the easement, CARLA RABSNDKI: The driveway is actually the easement comes like this the drive goes along it and it is only held by vegetation and we are concerned about the truck traffic that is going to be going over. ! do not know how sturdy it is going to be and what time of year they are going to be doing this. Is it going to breakdown and go into the creek. MERYL KRAMER: We already have the DEC and we already and we are seeing you now. We are planning to do about a year worth of design process and we are not looking at construction starts for another year. If you have a preferred starting of construction. TRUSTEE KRUPSKI: We would like to see the septic upgraded. Gutters and drywells for the roof-run-off, but we would like to see the driveway up-graded, MERYL KRAMER: ! do not think that the owner has any problem doing any of this. Just as long as you stipulate what you want done. TRUSTEE KRUPSKI: ! think that we all should go look at it; Artie has a lot of expertises in this driveway building area. We want to make sure that it is designed properly so that it does not become a problem. TRUSTEE POLIWODA: Environmental ! did not have a problem with this. (Tape Change) TRUSTEE KRUPSKI: With those things in mind you can have that ready for us. With a septic system plan and also you do not have to rely on our recommendations for a driveway you can start moving ahead on that contractor wise plan for a driveway, ! want to see it graded so that it does not pitch into the creek and stabilized so that it does not breakdown during construction with all the heavy equipment those are our major concerns. The house it self. People have been living their full time. Do you know? MERYL KRAMER: Kathryn was living their full time for the past ten years. TRUSTEE KRUPSKI: So people have been living there. CARLA RABANSKI; they rented it year round. But they only used it basically summer and weekends. 24 MERYL KRAMER: But someone has been using it year round for ten years. Now she is able to not have to rent it for the summer and she can use it and her family now grown will be using the house. TRUSTEE KRUPSKI: That is our concern. So that is what we will be looking at. Next month. CARLA RABANSKI: Will this come up again. TRUSTEE KRUPSKI: Automatically it will come up on August 29th. MERYL KRAMER: At that time you would like us to have an upgraded septic plans for you at that time as well plans for stabilizing and resurfacing. TRUSTEE KRUPSKI: Do I have a second on that motion to table? TRUSTEE SMITH: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES 20. Crowley Construction c/o Susan Long on behalf of WALTER E. ERICKSON ESTATE C/O FLORENCE SIEGERMAN request a Wetland Permit to install 77' retaining wall connecting to north and south neighbor's retaining walls. Backfill with approx. 40 CY clean fill from approved upland source. Located: 2950 Minnehaha Blvd. Southold, NY SCTM#87-3-42 TRUSTEE KRUPSKI: Anyone like to speak in favor of the application? lAN CROWLEY: I had moved the line of the wall back from the date of inspection and had new set plans to the office to take another look. Two feet back on either side so that it is well beyond the bush. Also there will be no activity outside the line of the wall. TRUSTEE FOSTER: Did you get a new plan on it? TRUSTEE KRUPSKI: I think we wanted it behind the retain wall. I think on the south side behind the return of the neighbor. lAN COWLEY: They are not connected the walls? TRUSTEE POLIWODA: On inspection I drew the flagpole being the center of that line. We did not find any erosion. lAN CROWLEY: She gets a lot of the run-off of the neighbors. That is the reason she wants to raise the level of her property. TRUSTEE KRUPSKI: I think the Board would be inclined to issue a permit. A straight line from the flagpole. TRUSTEE FOSTER: Did you go restake that? lAN CROWLEY: Yes, I did. TRUSTEE KRUPSKI: Will someone make a motion to close the hearing? lAN COWLEY: I will use the monument the sea wall corner of the neighbor's. TRUSTEE POLIWODA: I will make a motion to close the hearing. TRUSTEE SMITH: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES TRUSTEE POLIWODA: I will make a motion to Approve the Wetland Permit on behalf of WALTER E. ERICKSON ESTATE C/O FLORENCE SIEGERMAN to install 77' retaining wall not connecting but starting at the north concrete seawall of the neighbor's to the north and extending through the flag pole to the southerly property line in a straight line with the stipulation that the seaward side 25 of the wall remain undisturbed and backfill and leveling may occur. 2950 Minnehaha Blvd. Southold, NY TRUSTEE SMITH: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES. Located: 21. Crowley Construction on behalf of OSCAR & BETH BLEI/INS request a Wetland Permit to install a 4'x312' catwalk, 4'x12' dock, 3'x16' ramp and 6'x20' float in an "L" configuration secured with two 2 pile dolphins to secure float - natural buffer has been re-established. Located: 640 Haywaters Drive, Cutchogue, NY SCTM# 104-5-1.2 TRUSTEE KRUPSKI: Anyone like to speak in favor of the application? lAN CROWLEY: I had stopped at the office and asked about the status and they Said that you were inclined not to approve it. Based on soundings? I went and checking the soundings again yesterday at low tide and they are exactly the same As what was submitted. TRUSTEE KRUPSKI: Not based on soundings. We did not have it staked for one thing. lAN CROWLEY: The stakes are only visible it was an 8x2 2 by 4 that is all that I had with me. TRUSTEE KRUPSKI: But what we need to see the end of the dock staked. We are also not inclined. lAN CROWLEY: I had marked that in the photograph that it was staked. TRUSTEE KRUPSKI: It was marked there but we did not see it. Also the catwalk we are not inclined to approve a catwalk that long. The applicant actually has paved access almost all the way down here. We would rather see a shorter structure a dock but he has to use the road ending as access whether he is going to use. It is going to be up to him. Where he wants to put. lAN CROWLEY. Is there a maximum length that the Board does approve, so he can choose a spot. TRUSTEE KRUPSKI: No not really it is more or less we want him to come off the end of the road some how. lAN CROWLEY: where everybody parks their trucks at the boat ramp. TRUSTEE KRUPSKI: Because he has paved access right to the edge of the water. So it is redundant to put in a long structure right parallel. lAN CROWLY: He was concerned with people walking up on the dock. Thinking that it is a public structure. TRUSTEE KRUPSLI: The same thing happened in a different area. TRUSTEE FOSTER: Put a gate on it. TRUSTEE KRUPSKI; Then the guy complains because people use his dock. But there is really not much you can do about because people where you put it. We said that this would happen. TRUSTEE FOSTER: this guy was probably 50-to-60 feet from the edge of the road. They stump right across using his dock. TRUSTEE KRUPSKI: So we would rather see a small structure. We need to find a longer 2x4. lAN CROWLEY: I am not sure ifI can carry longer than an 80 foot I will try. 26 22. TRUSTEE KRUPSKI: Try to talk to him about a small structure access from the end of the road. IAN CROWLEY: He has access all way. TRUSTEE FOSTER: It appeared to me that public access ramp is actually partially on his property. IAN CROWLEY: I do not know what exactly what happened with that. I think the property line went down the road. I do not know what has happened since then. TRUSTEE KRUPSKI: Historically the ramp has always been there but it is over on his property. IAN CROWLEY: Well you can start it back away from all the traffic TRUSTEE KRUPSKI: We'll think about it and take another look at it. IAN CROWLEY: But is there a certain length? TRUSTEE KRUPSKI: Not really you just find a convenient spot. That is short as possible. Minimize the structure. IAN CROWLEY: I can meet the board out there at the bottom. TRUSTEE KRUPSKI: The next inspection will be August 15th. We will see you at Mr. Hands first. TRUSTEE POLIWODA: It is wholly visible spot. I ask for low profile three feet wide no more than 2-1/2 feet above marsh. The DEC will back that up. 1AN CROWLEY: For the catwalk? TRUSTEE POLIWODA: The narrow they have no worries. lAN CROLEY: That is going to be a stipulation? Or is that your suggestion. TRUSTEE POLIWODA: There is a public access ramp. TRUSTEE FOSTER: You have SEQRA on this. TRUSTEE KRUPSKI: So we can start the SEQRA review to. TRUSTEE KING: "Resolved by the Board of Trustees of the Town of Southold that the applications of Oscar & Beth Blevins, more fully described in the public hearing section #21 of the trustee agenda dated Wednesday, July 25, 2001 is, pursuant to the SEQRA Rules and Regulations, an unlisted action, and be it Further resolved that the applicant is required to submit a Long Environmental Assessment Form (LEAF) and be it Further resolved that upon receipt of the LEAF the Clerk of the Trustees is hereby directed to commence a coordinated review pursuant to SEQRA" TRUSTEE KRUPSKI: Is there a seconded. TRUSTEE POLIWODA: Seconded. TRUSTEE KRUPSKI: All in favor ALL Ayes You want to make a motion to Table the application. TRUSTEE FOSTER: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES TRUSTEE KRUPSKI: We are going to have a brief recess. Costello Marine Contracting Corp. on behalf of ROBERT & RITA WlECZOREK requests a Wetland Permit to install a 6'X 30' float at the end of 27 the existing catwalk and ramp secured by two existing 2-pile dolphins. Located: 835 Tarpon Dr., Southold. SCTM#57-1-39.2 TRUSTEE KING: Upon Review and Consultation with Counsel the portion of the application regarding a 6'X 30' float at the end of existing catwalk and ramp is hereby Barred by the Doctrine ofRees Judicator. No Public Hearing will be held regarding the 6'X 30' float at the end of existing catwalk and ramp and the clerk of the Trustees is hereby directed to return that portion of the application dealing with the 6'X 30' float at the end of the existing catwalk and ramp. Tonight's hearing will only address the application for dredging. ERIC BRESSLER: Well ! must confess that ! am somewhat at a loss, since we came before you on direction of the Bay Constable and under Article 97, we are required within so many days to do what the Bay Constable tells us to do. What I'm hearing tonight is that is an exercise with futility. TRUSTEE FOSTER: That's what the Town Attorney brought to us tonight and said that this is what you have to do. TRUSTEE KRUPSKI: We actually did go out to the site and re-review the application. We actually reviewed it for the dredging also. But, that's what we were advised to do. ERIC BRESSLER: Well perhaps you could explain then why it is that under Article 97 you are given a notice to do something with respect to an alleged violation and we are trying to come back before you and you are told to do certain things and we've done those things only to be told that on the advise of Counsel, that you're not even going to consider those things. To say that, is hot to ask, understates the case. ! don't understand the scene of your Article 97. If that's the way it's going to be ! take it that that's your position and your sticking to it TRUSTEE FOSTER: I'm as confused as you are; this is what the town Attorney said we had to do. JOHN COSTELLO: Why didn't you build the thing they your permit was (can't hear) in the first place ERIC BRESSLER: Well you weren't here at the work session and I'll tell you why. We got permission for a 6x30 from DEC, we got approval from Dept. of State, we got approval from the Army Corp. of Engineers, and it is our position with respect to that portion of this project that extends beyond 5' of water you are without jurisdiction. We also think that imposing a 6x20 when everybody else approved 6x30 was not a rational or sustainable decision. The Bay Constable issued the notice of violation and told us to come back and told us to ask you only to be told, well that's great but you can't ask that question because you guys already make a decision. That to me seems the height of irrationality but as they say the old joke, that's my story and I'm sticking to it. And ! take it that's the position your going to take tonight. TRUSTEE KRUPSKI: It's not actually more than five feet of water. ERIC BRESSLER: Well the survey is what it is. TRUSTEE KRUPSKI: Well that makes your argument moot if it's not five feet of water. ERIC BRESSLER: Well what you may or may not have done, ! don't know but that' s what it shows and for a variety of other reasons we think that jurisdiction is 28 not properly exercisable and in light of the decision I guess we'll do what we have to do. I don't understand it at all. JOHN COSTELLO: Could I ask one question, maybe the board or a member would know the answer to the question. Is the Town Attorney saying no permit is necessary? Cause this is private bottom? TRUSTEE KRUPSKI: No TRUSTEE SMITH: No ERIC BRESSLER: He's saying that they've made up their mind once and they're not going to TRUSTEE KRUPSKI: That's exactly what he said ERIC BRESSLER: Even though the Bay Constable said you got to come back and ask you again and that's what we were directed to do to get rid of the violation. So we'll let a judge figure out whether or not article 97 which says to do that is enforceable or whether this opinion which says your not to do that is the way things ought to go. We did what the Bay Constable told us to do we did what article 97 says we're supposed to do and we did it in a timely manor TRUSTEE FOSTER: But you didn't do what the permit said TRUSTEE KRUPSKI: But you didn't do what the permit said to do and that's why you're here, that's why you're here not the applicant but you. ERIC BRESSLER: Then what is the point of article 97 being issued a notice to remedy and being told what to do, what's the point of that TRUSTEE KRUPSKI: Well that was after the train wreck... ERIC BRESSLER: That's what your own inspection tells us to do and that's what the Bay Constable told us to do TRUSTEE KRUPSKI: But that's not what the permit told you to do ERIC BRESSLER: Are you telling me that 97 are a nullity TRUSTEE KRUPSKI: No ERIC BRESSLER: Well it is TRUSTEE KRUPSKI: What about our permit, what is that worth ERIC BRESSLER: This is invoked when there's a problem with the permit and 97 tells you what to do when there's a problem TRUSTEE KRUPSKI: There's no problem with the permit ERIC BRESSLER: 97 tells you what to do when the Bay Constable finds a violation, that's what it says and that's what we did and if it's your position that that has no meaning then we'll let somebody else decide. I think it's completely irrational. TRUSTEE KRUPSKI: I'm not here to judge the rationality of it ERIC BRESSLER: Apparently not, I'm not going to sit here and waste everybody's time and debate it, the Bay Constable told us what to do, we did it only to be told by you we're not going to consider it, now if you can find a way to convince me that that's rational I'd be real surprised, because quite frankly I know some of you don't so leave it at that or somebody else decide what it needs. TRUSTEE KRUPSKI: But if you want rational you build it according to what was through a lengthy review process permitted ERIC BRESSLER: Based upon some policy without any adopted guideline because you guys think that its 6x20 where is that written when did you have a 29 public hearing that 6x20 is the way things ought to be where is the due process in adopting those things where was the statutory power to even adopt that so called policy, tell us TRUSTEE KRUPSKI: We have about a halfa dozen to a dozen public hearings on that size dock every month ERIC BRESSLER: And where is the rule and regulation that was adopted after notice and hearing that says 6x20 is the rule. Where does it say that in article 97? think you guys are operating without defined guidelines your operating under what you guys call policies that the courts have stricken time and time again. You can't operate under unwritten policies if you choose to apply and we'll let somebody else decide. TRUSTEE KRUPSKI: Okay where in chapter 97 does it define the size of the dock? ERIC BRESSLER: Where indeed, where does it define it does that give you unlimited discretion to set a policy? TRUSTEE KRUPSKI: No it gives us discretion to set a policy ERIC BRESSLER: Based upon what TRUSTEE KRUPSKI: Of the standard set forth in 97 ERIC BRESSLER: Based upon what TRUSTEE KRUPSKI: Based upon the law, the town code ERIC BRESSLER: Based upon what facts, there's nothing, there's nothing in the record, there's nothing in article 97, there's no guidance for you guys TRUSTEE KRUPSKI: Sure there is ERIC BRESSLER: Where is it written that 6x20 is the magic number when DEC says 6x30 is fine, what do you base that on, what scientific studies are there TRUSTEE POLIWODA: ! believe every dock is damaging ERIC BRESSLER: We know what your position is with respect to that and we know that you approved essentially nothing because all docks are damaging fortunately the law doesn't go that way, who tells you that 6x20 is the magic number and not 6x22.5 or 6x17 iA. Where is it besides some unwritten policy this is the evil the courts seek to prevent you can't have boards saying its going to be 6x20 because we think that that's the proper number, where is the support for that where are the scientific studies, what's the difference between 6x20 and 6x22 6x27 or 6x30. TRUSTEE KRUPSKI: The courts are going to seek to eradicate what? ERIC BRESSLER: The evil of applying policies with no legal or factual backdrop and no public hearing held on it and no ascertainable standard, ! defy you to tell me what the difference is besides ten feet between a 6x20 and a 6x30 quantify or qualify for me those impacts you guys didn't adopt this policy after notice and hearing you didn't take any input it's not even written anywhere or if it is it's not published TRUSTEE POLIWODA: That may take years ERIC BRESSLER: Well you guys can't apply that to people just wily-nil and s says we have a policy TRUSTEE POLIWODA: Well if you want us to find that out it might take years 30 ERIC BRESSLER: It's not what I want you to do it's what you guys are doing you can't sit up there and say its 6x20 with no support. But you guys aren't going to change your mind and I'm not going to hold everybody else up here, that's our position and it will be guided accordingly TRUSTEE KRUPSKI: Well this is, so how do we handle this with the dock now because we have an un-permitted structure, so should we just ask the Bay Constable to order its removal ERIC BRESSLER: We have nothing further to say. We're in the Criminal Court you guys aren't going to take a look at it. The Bay Constable said we're in the Criminal Court and we'll fight it out either there or in the Supreme Court or both, or if you want you can consult your Town Attorney and figure out what else you might do but that's what we're going to do. TRUSTEE KRUPSKI: Well actually back to the present, so what do we do about this dock though that's unmerited JOHN COSTELLO: Don't do anything, why would you do anything TRUSTEE KRUPSKI: We issued a permit for a dock JOHN COSTELLO: Wait a second, wait a second, wait a second, everybody issues permits, you telling me to break the NYS DEC's permit? TRUSTEE KRUPSKI: Oh no ERIC BRESSLER: Yes you are JOHN COSTELLO: Of course you are, should I not abide by the Army Crops permit or the Dept of States? Let me tell you they were issued prior to you making a decision. The other thing is we have a dredging application, which we brought up before, where do we stand with that, we're being blackmailed or what, where do we stand. The courtesy that you guys are rendering tonight knowing you had that attorney's letter and letting us sit here, I wouldn't do that to a dog. And Ken is saying if you don't remove the ropes we'll remove them for you, what the hell kind of a board, who's doing that bullshit. How do you operate? Come on I have a dredging permit. TRUSTEE KRUPSKI: Well that's what we are here to discuss, that's why we inspected it last week. JOHN COSTELLO: I know but this was the application lets move on the dredging permit TRUSTEE KRUPSKI: We got this thing from the lawyer tonight JOHN COSTELLO: I know but at least you got it- can you say something- ERIC BRESSLER: How about at 7:00 he fells you don't need to stay here. TRUSTEE KRUPSKI: (can't hear)-stay here for the dredging TRUSTEE FOSTER: You didn't bring it in until after that he brought it in much after that actually JOHN COSTELLO: I didn't know the dredging was on the agenda but I'm glad to hear it is TRUSTEE KRUPSKI: We went out and we looked at it we looked at everything JOHN COSTELO: I'm glad it is TRUSTEE POLIWODA: I don't think we should act, A1 on that JOHN COSTELLO: I would like to hear what kind of action you're taking. Let the board vote. God almighty the dredging is a different issue all together 31 TRUSTEE POLIWODA: No because he said it was over five feet and we measured four feet so I don't think we should issue a dredging permit until we clarify that by a professional JOHN COSTELLO: You went out and inspected TRUSTEE POLIWODA: Right, we found four feet instead of five feet therefore it' s not- JOHN COSTELLO: Wait a second, he is not addressing the dredging on the application you have a drawing TRUSTEE FOSTER: How about jurisdiction TRUSTEE KRUPSKI: He's talking about water depth, why is he talking about water depth now JOHN COSTELLO: He brought it up where you jurisdiction ends that's what he brought it up TRUSTEE POLIWODA: Right JOHN COSTELLO: Okay TRUSTEE POLIWODA: We allow you to dredge the six or seven feet you'd take it out of our jurisdiction JOHN COSTELLO: This is bottom. Come on come on. He owns the bottom. Please. It's silted in, please. I don't know who measured, let me tell you the application was previously make by another business. I don't know what you guys measured the other night, hopefully, but I appreciate it, that your moving on an application that I only wish I had to file with you but I'll tell you I appreciate that because we did have an application on. TRUSTEE KRUPSKI: All right, I don't see how we can act on the dredging only because it hasn't been noted. JOHN COSTELLO: It hasn't been what? TRUSTEE KRUPSKI: Noted. It's not on the agenda JOHN COSTELLO: This tabled, it's just a tabled application TRUSTEE KRUPSKI: It's not on the agenda JOHN COSTELLO: You're the one who brought it up Al TRUSTEE KRUPSKI: Because you were here, because we went and looked at it. JOHN COSTELLO: Yes, for three hours. Yes I would love to hear it, I would love to hear, but you know, I'd love to hear the courtesy of the Boards concerns that they went to the site. That's a courtesy; I'm a human being believed it. What are the concerns? TRUSTEE KRUPSKI: The concerns of the dredging- JOHN COSTELLO: Was the depths right. TRUSTEE KRUPSKI: The depths you measured, it's hard to verify the depths that were there fairly high water. We didn't have a problem with the dredging operations around the dock, so, on the inside of the dock. There were concerns about the shoaling you mentioned further out. JOHN COSTELLO: One spot, yes. TRUSTEE KRUPSKI: We would have to be- ten feet. You mentioned those concerns. JOHN COSTELLO: It's narrow TRUSTEE POLIWODA: Around the dock or around the Island 32 TRUSTEE KRUPSKI: Around the Island TRUSTEE POLIWODA: It's a well-known shellfish bed JOHN COSTELLO: It's his property TRUSTEE POLIWODA: There are two court cases that he does not own the shellfish in that bottom unless he has a permit from the state that he planted there otherwise myself or any other bay man who has a commercial diggers permit can go out and go in there and harvest. JOHN COSTELLO: I'm not saying their not allowed to go in there MR WlECZOREK: Your allowed to go on my property and shellfish TRUSTEE POLIWODA: Yes according to two court cases MR. WlECZOREK: The Bay Constable has chased them out of there numerous times. On my bottom you're going to... TRUSTEE POLIWODA: Not your bottom but private bottom lands MR. WlECZOREK: It's my bottom TRUSTEE POLIWODA: You don't own the shellfish in that bottom MR. WlECZOREK: I own the dirt on the bottom; I don't want my dirt disturbed, and can you shellfish without disturbing my dirt. TRUSTEE POLIWODA: It's in court cases ERIC BRESSLER: Well we respectfully disagree TRUSTEE KRUPSKI: All right I think what the board agrees on though is that the disturbance... MR. WlECZOREK: Are you going to come across my land too and go shellfish TRUSTEE POLIWODA: No we can't do that MR. WlECZOREK: Oh, thank you TRUSTEE KRUPSKI: I think what the board agrees on as a board is that if threes a viable shellfish bed there it should be protected and not destroyed for one person to get a bulkhead at his convenience. JOHN COSTELLO: Can you tell me just when you got the jurisdiction of a man made canal, and how, I know you didn't get it through the patents. TRUSTEE KRUPSKI: Under chapter 97. Absolutely not under the colonial patents, absolutely. That's where we get our jurisdiction. JOHN COSTELLO: So do you want the dredging application processed or what's the story. Is it going to be noticed or what. TRUSTEE KRUPSKI: What is the Boards pleasure on that TRUSTEE SMITH: I say we get this dock length resolved before we entertain... JOHN COSTELLO: Well come on I have an application in. This could be twenty years. TRUSTEE KRUPSKI: If you don't have a permit for the structure it shouldn't be there JOHN COSTELLO: Uh-huh, right TRUSTEE KRUPSKI: But its there JOHN COSTELLO: Well I'm curious this is a separate application, different application to dredge two spots TRUSTEE KRUPSKI: No it's a dock permit JOHN COSTELLO: Well do you want me to dredge the twenty feet and not the extra ten 33 TRUSTEE KRUPSKI: There's no extra ten, see I don't understand where if we issued, why should we even be here if everyone is just going to do what they want why even bother, why even bother have a Board of Trustees if everyone's just going to do what they want. JOHN COSTELLO: I'm curious, I'm real curious about that sometimes because why would you have a DEC, why would you contradict the DEC, why would we have a Army Corp., Why would we have a Dept. of State. All different agencies saying different things but that's ok it happens all the time. Why. TRUSTEE KRUPSKI: What makes us wrong and makes them right in this case JOHN COSTELLO: What TRUSTEE KRUPSKI: What makes them in this case us wrong and them right JOHN COSTELLO: Well ! figure it's 3 out of 4 and guess what the violation with the DEC could be up to 10,000 a day. You want one. TRUSTEE KRUPSKI: Did you have to apply to DEC for a permit for a thirty- foot job? JOHN COSTELLO: Yes sir TRUSTEE KRUPSKI: You had to JOHN COSTELLO: ! applied to you too, same thing, same application was submitted to all agencies at the same time TRUSTEE KRUPSKI: You think the DEC would approve a twenty-foot dock then JOHN COSTELLO: Didn't ask them. ! asked everybody the same. And it wasn't until the night that we were here that you we told we did have the Army Corp permit, the DEC permit, and the Dept. of States permit. It was your decision, not ours, your decision to only allow a 6'x20' float. There was some hesitancy only by Mr. King, only by Mr. King, because this was private bottom. It's a different scenario a different case. What's the effect on it? There are some scouring on flat bottom floats, round bottom floats there is none, no scouring, there are documentation for docks. Docks do not adversely and chronically effect the environment. You want a report I'll give you the name of it. There are plenty of them out there. There's also reports on CCA, you guys considered CCA and creosote problems. There are DEC reports. There are no significant acidity effects created by CCA or creosote. Guess who made the report, the DEC. Guess who doesn't know about it, Stony Brook. Its there report not mine. We can go on forever, there has to be some consistency, some written guidelines there have to be some rules, regulations and ordinances to follow, just give us the guidelines. Then you can design something. Give something that is consistent with other agencies so that we're not in violation with another agency that can hang a 10,000 or 15,000-dollar fine per day over your head. Which would you do, you know which one you'd do. The only permit that you would get which makes sure that you didn't have DEC violations. You know pesticides; it's the same thing. It's a big risk you wouldn't take it, ! don't blame you. TRUSTEE KRUPSKI: Yes but you know what we're faced with out here. There's so much... JOHN COSTELLO: ! know. 34 TRUSTEE KRUPSKI: Let me finish. There's so much pressure on such a limited resource and if we can't go by the guidelines in chapter 97 and try to control the amount of structure that' s built. If you can imagine in the last ten years if there was unrestricted build out of docks and bulkheads and jetties and retaining walls you'd be able to walk up and down the creek you wouldn't be able to get a boat in there. If there was unrestricted growth. JOHN COSTELLO: But there is never going to be unrestricted growth. TRUSTEE KRUPSKI: If there was unrestricted growth. JOHN COSTELLO: Okay, it's a hypothetical. It's not going to be. TRUSTEE KRUPSKI: Because we don't allow it. And if we don't draw the line somewhere, everything would be ruined and we would be embarrassed and sometimes we go out and we're embarrassed by what we approve. JOHN COSTELLO: Or approved in the past. Things change. TRUSTEE KRUPSKI: Things change plus you realize that you've made mistakes. And if we can't see that and correct our mistakes we might as well all go home and let everybody do what they please and just let it all go to waste fast. JOHN COSTELLO: We're here doing exactly what we were told to do after the circumstances. We're here, we're trying to do that, that letter came out. What do you want to do? Consistency between the agencies. Which one has the ultimate right, probably you guys, probably. DEC, Dept. of State, the Army Corp, their after you. TRUSTEE SMITH: John, even before you built this dock you had a permit for a 6x20 float and you went ahead and built what you dam well pleased. Now what the hells wrong with a 6x20' float. JOHN COSTELLO: He has a bigger boat TRUSTEE SMITH: How big is the boat? JOHN COSTELLO: 40' TRUSTEE SMITH: I got a 48' boat tied to a 20' float JOHN COSTELLO: I tie up a 95' barge to a 10' float. Its irrelevant, that's irrelevant. It's private (can't hear) this board is supposed to be addressing particularly a major concern is the environmental issues. Am I wrong? TRUSTEE KRUPSKI: Well it's one of the standards, environmental issues, navigation issues. JOHN COSTELLO: Ok, there is no navigation problem. It's not an environmental problem. TRUSTEE KRUPSKI: Which is why we originally approved a dock longer than we would have normally, because it was not a navigational issue. JOHN COSTELLO: I mean, each case is a different scenario. In each Town I've asked each Board to look at every case because they differ. You can design things differently and that poor guy Crowley over here with the 300', and all he needs is two planks. I mean, if affects the environment. It provides less shading of the wetland area. There are a whole bunch of scenarios. I would appreciate it if you would have told us hey we got this letter from the Attorney and I'm going to hear your case. I would have done it for you. I'll guarantee you. TRUSTEE KRUPSKI: We didn't look to treat you badly. We went out and looked at it and we measured it for dredging because we want to keep it moving. 35 So, we didn't look to sit you up here until 10:30 PM just to say, go home. That wasn't our intent. That's pointless. That's petty. JOHN COSTELLO: I know. TRUSTEE KRUPSKI: That wasn't our point. You know, we have 37 public hearings and that's just part of the agenda. So, the whole purpose tonight is not to get Mr. Wieczorek. That's not the reason why we are here. MR. WIECZOREK: Well I came up to see you early on before we got started and I asked Charlotte earlier in the week, since I had other people here, if I could be early on the agenda and Charlotte you said you would try and then you said you weren't able to do it. I'm not sure what that means, you're typewriter skipped lines or whatever, however, when I asked you earlier this evening... TRUSTEE FOSTER: We didn't have this paper when you were standing up here. MR. WIECZOREK: Well when did that come in? TRUSTEE FOSTER: When the Town Attorney came up here, the last time he came in, which was well into the meeting, and gave us this. We didn't have this when you were standing up here. TRUSTEE KRUPSKI: You can't pick on our secretary. Everybody wants to be NO. 1, I'm NO. 1, and I want to go in the front of the line. Everybody wants to be first on the agenda. MR. WIECZOREK: I understand. Artie clarified that ... TRUSTEE FOSTER: We didn't have that when you were standing up here. He talked to us at the work session when everybody went outside but he didn't bring this to us. He talked to us about it but he didn't specify which ones were going to apply. When he brought the papers in which was well into the meeting, he brought them to each of us and I was looking all through them and writing them all down and the meeting was in process it wasn't my position to say, wait a minute, wait a minute this is what's going to happen. JOHN COSTELLO: Just write and tell me what the procedure is, how I'm supposed to progress. Talk to the Bay Constable and yell at him, tell him he gave us the wrong information or something, appreciate it. Thanks. TRUSTEE KRUPSKI: Tonight ERIC BRESSLER: Could we have a copy TRUSTEE FOSTER: This is my fourth year on the board and when I came here I didn't say much initially I kind of watched what was going on and I asked a lot of questions and I was told that it was board policy a 6x20 float and I don't know maybe I can't even say how many but on very, very, very rare occasions was anything other than that permitted unless it was already there and grand fathered. You know I didn't make these rules up I'm just trying to do a job and use the guidelines that we've been told. JOHN COSTELLO: I commend this Board for that, I commend it, because, many people do not (can't hear) or want, because of the dollar amounts or the location or the congestion a larger float. I know other people that only want a small float because they have a canoe (can't hear) they don't want a big boat. I did two today, two contracts, both on Shelter Island. They want canoes they don't even want a float because they're going to have to take it out in the winter. They want a two- foot wide dock one of them and the other wants a three-foot wide dock. You 36 know what, they want them out of chopsticks, because they don't want them to look to big. They want them small. The tendency is to educate people but you have a policy and ! tell you every application, please, please, deal with every application and everyone is different on it's own merits. ! mean do that. TRUSTEE KRUPSKI: We did and with Mr. Wieczorek we reviewed it. TRUSTEE FOSTER: We went there three times, we went out there three different times. TRUSTEE KRUPSKI: He feels like he's set upon by us, but he's probably taking it personally and he shouldn't because we treat everyone just the same. TRUSTEE FOSTER: You know these people from the Dept. of State and the Corp. of Engineers and the DEC they don't live out here, John, they don't care if you put 100' docks out here if that's what their going to give you a permit for. This is our town not theirs. JOHN COSTELLO: It's just the opposite. TRUSTEE FOSTER: ! know it is, ! know it's just the opposite, we try to get together with them to set a standard policy and they agree to it and they turn around and the do something else. JOHN COSTELLO: Go read your LWRP. Let me tell you it's the Dept. of States document. TRUSTEE KRUPSKI: ! know that. JOHN COSTELLO: Want me to show you another document. Sag Harbor's the same thing with different names. That is what will dictate most of the policies in the Town of Southold in the future. (Can't hear) TRUSTEE KRUPSKI: That's why we never supported the LWRP. JOHN COSTELLO: ! know, ! know TRUSTEE KRUPSKI: You know we never supported it. JOHN CO STELLO: ! know I'm just saying it's a big tough document TRUSTEE KRUPSKI: ! know JOHN COSTELLO: And ! apologize for taking any more time. TRUSTEE FOSTER: You sit up here and you try to work with everybody and you've got all kinds of neighbors reading nasty letters to you and telling you they want to shoot you if you approve this guys application and you try to do a little bit for everybody and it's not easy sitting up here doing it, believe me, there's been things that go across here that have been approved that ! really didn't think should have been approved but we're under fire. There's so much opposition and you just can't make everybody happy. As much as you try, you know. JOHN COSTELLO: That's why you have five members. Things are bad for you too. Right, thank you. See you in court. 23. Costello Marine Contracting Corp. on behalf of DR. JOHN ALOIA request a Wetland Permit to rebuild existing stairway in-kind/in-place that leads to an existing 8'x22' deck which was expanded to 16'x24'. Rebuilt and expanded existing retaining wall. Located: 8145 Nassau Point Road, Cutchogue, NY SCTM#118-04-09 37 (POSTPONED AS PER AGENT'S REQUEST) 24. Richard Daley, R.A. on behalf of BUD GEORGE HOLMAN request a Wetland Permit for addition of a partial second story over existing first story, addition of a second story deck and exterior stair to that deck. - Roof over the center section of the second floor deck. Located: 350 Park Avenue, Mattituck NY 123-07-08 TRUSTEE KING: I looked at it, it is straightforward. Typical bay front I do not see a problem with it at all. TRUSTEE KRUPSKI: Will you make a motion to close? TRUSTEE KING: I will make a motion to close the hearing. TRUSTEE SMITH: So moved. TRUSTEE POLIWODA: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES TRUSTEE KING: I will make a Motion to Approve the application on behalf of BUD GEORGE HOLMAN for renovations to the house. TRUSTEE SMITH: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES 25 Proper-T Services on behalf of ROBERT SOMERVILLE request a Wetland Permit to construct a single family private residence with private sewage disposal system and public water. Located: 485 Breezy Path, Southold, NY SCTM#89-2-8 TRUSTEE KRUPSKI: Would anyone like to speak in favor of the application? JIM FITZGERALD: Yes, as I assure you know it is a revisitation of the permit issued several years ago. It has expired because they had problems finding the right house to build. Anyhow it is essentially the same project as it was approved. The house is a little bit different in footprint. It is significantly different in structure but I do not think that there is anything that would affect the environmental aspect of the project. TRUSTEE KRUPSKI: What were the field comments on this? CHARLOTTE CUNNINGHAM: Non-disturbed buffer. TRUSTEE KRUPSKI: I do not see any problem here. Anyone have any comments? Do I have a motion to close the hearing? TRUSTEE POLIWODA: So moved. TRUSTYEE SMITH: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES 26. Proper-T Services on behalf of C&D REALTY requests a Wetland Permit to construct single family dwelling with private well and on site sewage disposal system. Located: 5640 Cox Neck Road, Mattituck SCTM#113-4-1 (POSTPONED PER AGENT'S REQUEST UNTIL SEPTEMBER) 38 27. 28. Catherine Mesiano, Inc. on behalf of SCHEMBRI HOMES, INC. Requests a Wetland Permit to construct +/- 31 'x56' (irreg.) single family residence with pervious driveway, on site sewage disposal system, public water, drywells to contain roof run-off. Located: 195 Albacore Drive, Southold, NY SCTM#56-7-13 (POSTPONED PER AGENT'S REQUEST) Catherine Mesiano, Inc. on behalf of LAWRENCE BLESSINGER Requests a Wetland permit to construct a single-family dwelling, pool, patio, pervious driveway, and on-site sewage disposal system, and private well. Located: 2626 Westphalia Avenue, Mattituck, NY SCTM# 114-7-10.8 TRUSTEE KRUPSKI: Anyone here like to comment on this application? CATHERINE MESIANO: Catherine Mesiano for the applicant. As you will recall last week we agreed that more landward row of hay bales which is 80 feet from the flagged edge of the title wetlands. Was the limit of the Trustee's jurisdiction? And that Mr. Blessinger construction activities can take place landward of that point I have order a new survey. By another surveyor and on my receipt of that I will give that to you. With the up-dated site plan with all the proper notations on it. Any questions. TRUSTEE KRUPSKI: I do not, any other comment? CATHERINE MESIANO: I would just like to add that the one deviations from the survey that was submitted to you is that the (cannot understand) tilted slightly to the easterly corner will come in a more northerly direction so that it will be more parallel with that road of hay bales so that will be a change but all the activity will be landward of that row of hay bales. TRUSTEE KRUPSKI: Do I have a motion to close the hearing? TRUSTEE SMITH: So moved. TRUSTEE POLIWODA: All in favor ALL AYES TRUSTEE SMITH: I will make a Motion that we Approve LAWRENCE BLESS1NGER to construct a single family dwelling, pool, patio, pervious driveway on site sewage disposal system and private well. Located 2626 Westphalia Avenue, Mattituck, NY subject to a new survey. TRUSTEE POLIWODA: Seconded, TRUSTEE KRUPSK8I: Subject to a new survey. All in favor. ALL AYES. 29. 30. Catherine Mesiano, Inc. on behalf of MICHAEL PISACANO requests a Wetland Permit to construct a single-family dwelling, private well, on site sewage, disposal system and pervious driveway. Located: 2390 West Mill Creek Drive, Greenport, NY SCTM#51-6-4 (POSTPONED PER AGENT'S REQUEST) Catherine Mesiano on behalf of GERALYN WIESER requests a Wetland Permit for clearing within 100' of wetlands. Re-vegetate cleared area, cut existing 39 phragmites to 12" cut out briars, and mulch cleared area.. Located: 1030 Country Club Drive Cutchogue, NY SCTM# 109-3-2.13 TRUSTEEE KRUPSKI: Anyone like to speak in favor of the application. CATHERINE MESIANO: Catherine Mesiano on behalf of the applicant. We Meet at the site last week. We agreed at the site that the flag wetland area was Acceptable to you. The point from which was measured from the corner of the house where the setback was 100 feet from the house. Approximately 50 feet off the edge of the pond. Please correct me ifI am wrong I do not have my file with me. I believe that was the dimensions from that point TRUSTEE KRUPSKI: Any other comment? TRUSTEE FOSTER: I thought it was 80 feet from the house. Actually it was 50 feet from the pond. We measured that. TRUSTEE KRUPSKI: It was 98 feet. TRUSTEE FOSTER: Okay it 98 feet from the house. TRUSTEE SMITH: I will make a Motion to close the hearing. TRUSTEE FOSTER: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES TRUSTEE SMITH: I will make a Motion to Approve the Wetland Permit for GERALYN WIESER clearing within 100 feet of house and re-vegetate naturally not to be replanted no clearing of phragmites to be left alone and re-vegetate naturally. CATHERINE MESIANO: Pragmatism included. TRUSTEE KRUPSKI: That is like a headwaters to down's Creek I would rather see a buffer there. Do I have a seconded on that? TRUSTEE POLIWODA: Seconded. TRUTEE KRUPSKI: All in favor. ALL AYES 31. Catherine Mesiano on behalf of MA UREEN BENIC request a Wetland Permit For the seasonal installation of 6'x20' float secured with 4-25 lb. mushroom anchors. Located: 395 North Parish Drive, Southold,NY SCTM#71-1-4 TRUSTEE KRUPSKI: This is a swim float I think we are ... CATHERINE MESIANO: We disagree on that. ERIC BRESSLER: I am Eric Bressler, ofWickham, Wickham and Bressler PC for MAUREEN BENIC I understand that the Board had a concern about this particular application. I must tell you what has occurred here. Previously this evening I am somewhat mystified by this particular application for the reservations that the Board has. In review of this file it appears that the applicant is asking for just about the most minimum thing that can be imagined. There is no request here for any catwalk or fixed dock. That you consumedly see, there is no request. That this dock be entered by pilings or fixed permanently to the bottom. There is only a request for a seasonal, removable floating dock. This to me distinguished it from all of the applications that come before the Board. It seems to me that represents just about the minimal environmental intrusion that you can imagine. Catherine Mesiano has told me about the Board's reservations relating to the fact that somehow this is not a structure primarily intended to dock vessels. That it is somehow a swim platform and that this Board does not grant 40 swim platforms. I am at a loss to understand how water depths as shown on my survey would support such a reading. I think this very very minimize instructive application. There is a different reservation that the Board has about this? TRUSTEE KRUPSKI: I think our policy is and our feelings of swim platforms are a policy. ERIC BRESSLER: A policy! TRUSTEE KRUPSKI: A policy. ERIC BRESSLER: Is that a written policy somewhere. Well this is not a swim platform. You cannot swim in the depth of water that are shown there. This is clearly designed and it was indicated by the applicant that this was designed to moor a vessel. That is what this is. TRUSTEE POLIWODA: What is the depth of water? TRUSTEE KRUPSKI: It shows 8 inches. TRUSTEE POLIWODA: Do you have a DEC permit for a float that is 8 inches from the bottom? ERIC BRESSLER: We are here before you and as you have taken pains to tell us on previous occasions that we must come before you and put our case to you. We have a special low draft dock that draws 2 inches of water. We are here before you. If we get approval from you. We will get whatever approvals we need. But I do not think it is quite cricket to take that approach with us tonight and what about someone else. TRUSTEE KRUPSKI: That is what you said before, what about everyone else? ERIC BRESSLER: There is no one else, we are here before you. We are asking you the question. If DEC had approved it yes I would pound you on that absolutely. But I did not go there, we are here first. What do you guys think? It is not a swim platform. You cannot swim in that depth of water. TRUSTEE KRUPSKI: How do you dock a boat in that water? ERIC BRESSLER: It goes from 8 at low tide, up to a couple of feet, TRUSTEE POLIWODA: Four and half. ERIC BRESSLER: You can dock a low draft boat there. Quite easily a canoe they're a kayak there put a rowboat there. You can put all kinds. TRUSTEE FOSTER: What is out in the middle. It is off shore? TRUSTEE SMITH: It is in the bay. It is a mooring out in the bay. It is not connected to shore I not see where we have jurisdiction. TRUSTEE FOSTER: It is a dock for a boat. It is not a platform. TRUSTEE KRUPSKI: It is permanently anchored there Henry. TRUSTEE SMITH: No it is seasonal. ERIC BRESSLER: No this is seasonal we could not ask for less. TRUSTEE KRUPSKI: I am not saying that it is a swim platform. The reason that we have not approved any swim platforms is that we are trying to conform to the standards of Chapter 97.28 they may cause damage from erosion from float ions. I think that this would stir up the bottom every time the wind blew. With four twenty five mushroom anchors securely. Henry or Kenny? ERIC BRESSLER: Once in the spring and once in the fall. TRUSTEE KRUPSKI Will they anchor it securely, or would this thing be pulling out and drifting all over. 41 TRUSTEE POLIWODA: I would find this more of a navigational concern than anything. I personally would know where it is because I would see but however if I were a recreational boater who did not know about it and followed the shoreline at night after fishing. If you follow the shoreline at night at high tide. You might slam right into it. ERIC BRESSLER: I think we can clearly address that concern. TRUSTEE FOSTER: Reflective tape or something. TRUSTEE KRUPSKI: I hate to vote on it because you are voting on calling a mooring on the bay. What about another 700 boats moored out there. TRUSTEE POLIWODA: Why don't we ask the Town Attorney and he will have an answer for us. See what he has to stay about this. TRUSTEE SMITH: As far as I am concerned we do not have jurisdiction. TRUSTEE FOSTER: That could be true. Maybe we should find out. TRUSTEE POLIWODA: Call Greg and see what he has to say. ERIC BRESSLER: Ask him about the jurisdictional opinion. TRUSTEE FOSTER: Maybe we do not have jurisdiction and do what is right. ERIC BRESSLER: I always urge you to do that absolutely, TRUSTEE FOSTER: If we do not have jurisdiction. We do not have jurisdiction. TRUSTEE KRUPSKI: Henry maybe right though. TRUSTEE FOSTER: Well, I thought we had jurisdiction out to a water depth of five feet. We do not regulate moorings in the bay. So it is a mooring, so we do not have jurisdiction. So you want to act on it as non-jurisdictional. Well if it turns up later that it is well that is a horse of a different color. TRUSTEE KRUPSKI: Are there any other platforms Kenny? TRUSTEE POLIWODA: In Nassau Point, there are one or two in Nassau Point there. I do not know the depth of it. TRUSTEE SMITH: When I was a kid there were swim platforms all over the place. TRUSTEE FOSTER: Yes, there was. TRUSTEE SMITH: Then it got to be a liability thing. ERIC BRESSLER: My wife had one right off the beach. TRUSTEE POLIWODA: I imagine it would be tied to a Home Owner's Insurance. TRUSTEE SMITH: I would like to make a motion to close the public hearing because we have not done any moorings in the bay again. TRUSTEE FOSTER: I still think for our own information we should act on it as non-jurisdiction, but I think that we should find out (Tape Change) TRUSTEE FOSTER: How far off the land is this? TRUSTEE KING: Ninety feet. TRUSTEE FOSTER: Ninety feet offshore. TRUSTEE KRUPSKI: No ERIC BRESSLER: It was ninety feet from the rock. TRUSTEE KRUPSKI: Just let it go, send back the money, non-jurisdictional we cannot keep the money. 42 32. 33 34. En-Consultants, Inc. on behalf of LISA EDSON requests a Wetland Permit to construct on pilings a one-family, two story dwelling, deck and swimming pool, install a pervious driveway and sanitary system and that the sanitary system proposed be more than 130 feet from the wetland boundary, place approximately 850 cubic yards of sand fill, establish a 50" non-disturbance/non-fertilization buffer adjacent to the tidal wetland boundaries. Connect to public water and other utilities. Located: 9326 Main Bayview Road, Southold SCTM#87-5-25 (POSTPONED PER AGENT'S REQUEST) En-Consultants, Inc. on behalf of CHARLOTTE DICKERSON request a Wetland Permit to construct a +/- 138' timber retaining wall and 21' easterly return, and backfill with approximately 300 cubic yards of clean sand to be trucked in from an upland source and planted with Cape American Beach Grass (12" on center). Westerly terminus of proposed structure will tie into face of adjacent steel retaining wall to west, and portions of existing 1-3 ton stone toe armor fronting adjacent return will be relocated to armor proposed return. Located: 630 Blue Horizon Bluff, Peconic, NY SCTM#74-1=35.51 (POSTPONED PER AGENT'S REQUEST) Patricia Moore, Esq. on behalf of LIPA-KEYSPAN request a Wetland Permit for existing access driveway widened and resurfaced. Located: 1773 Mill Road, Peconic, NY SCTM#74-2-23 TRUSTEE KRUPSKI: You represent LIPA-KEYSPAN? PATRICIA MOORE: Yes, TRUSTEE KRUPSKI: I have a question then, where are you going to bury those Towers? PATRICIA MOORE: We are here on the driveway. FRED VAUPEL: My name is Fred Vaupel, I am the Project Manager for Keyspan Energies. We applied for a building construction permit to do some up Upgrading at the Peconic Station. We received the permit back in December of 2000 and we stared constructed in lat 200 into 2001. During the course of construction couple of events happened. First there was a storm and we had a partial washout of the driveway going into the substation and during the course of construction when we were having the transforms a very large piece of equipment delivered to the site. It was determined that the truck would not be able to pull into the driveway, because the entrance way too narrow. So we determine that we had to widen the driveway going into the substation. I was the project manager on this project. Never gave it a thought about the wetland issue. Unknown to me I received a summons shortly after we widened the driveway. We widened it somewhat and we also repaved it. We received the Town of Southold I contacted Pat Moore and subsequently we filed for the Trustee's Permit right after that and the application was submitted and the permit application was filed. Here we are today, TRUSTEE KRUPSKI: Our concerns are the run-off that entered Goldsmith Inlet from basically that road going in there. So what we would like to see is some drywells put in to contain as much run-off as possible. 43 FRED VAUPEL: The only question that I have regard that is the driveway was resurfaced so it pretty much restored to the way that it was with the exception that it is wider. The creek is on the other side of the old road and there was no drainage for the existing driveway if the new driveway basically restored to the condition that it was before the wash-out why would we need to have drainage installed now when we did not have it installed previous to the repavement of the driveway. TRUSTEE KRUPSKI: Because I am sure you are a responsible company and as you make improvements to your outfit you probably want to make improvements that are not going to determinate the natural environment in your work area. FRED VAUPEL: Believe me I do not have a problem doing something like that. Just that it was on the other side of the Mill Road and that I assume that if there was going to any run-off onto Mill Road that there was existing drainage on Mill Road that the run-off would wash into. TRUSTEE KRUPSKI: Have you seen when you are in that driveway approaching Mill Road have you seen the arrangements that the Town has made to deal with the run-off on Mill Road. There is a gutter there it is pretty ugly. So anything that you can do there is going to help that because it is basically everything that is the main line. Not only from your pro9perty, we are not saying that you are the bad guy. It is coming from everywhere and it is just main line right onto the road. TRUSTEE FOSTER: I live there; I live right off of Mill Road. So I see that every time it is raining down pouring you cannot see from here to the wall. There was run-off they're before but that was a blue stone driveway in there. FRED VAUPEL: It actually was paved but it deteriorated so much over the years, and the storm we had early in 2001 it pretty much washed away. TRUSTEE FOSTER: It had the appearance of blue stone. It was much narrower pitched not near the run-off that comes off that never came off it before. But what happened now that road has a crown to it and on the north side of the road, which would be towards the sound that is where all the mud and silt is coming. It is just pouring down there with the heavy rains and it is considerably more than it was before and it is about twenty five feet from the end of the driveway to where it goes right into Goldsmith's Inlet. And the Town does have a little gutter there and the run-off from Mill Road does come down there as well. But the run-off from that right of way has more than doubled since that road has been paved. FRED VAUPEL: So what you suggesting is that we put in some kind of a grade system at the end of driveway. TRUSTEE FOSTER: something that catches it before it gets to the end of the driveway. As I said, a couple of things to the west, something to just stop that heavy accumulation because what is happening if you go out there you see the ruts next to asphalt this deep. Because what is happening it is starting up there and it is all running off much more noticeable on either side than actually coming down right off the main surface and it accumulates and by the time it gets to the bottom it is just like dumping a five gallon pail of water out. It is pouring down there. FRED VAUPEL: We certainly want to do the right thing and if you grant us the Trustee's Permit we will take care of it we will put some kind of drainage in. 44 TRUSTEE FOSTER: Or a diversion you can build a little asphalt gutter off and diverts it off to the side and put something in there. So that the water will works its way out of gutter and the way down there. But certainly you do not need additional water. The Town water that is going in there is enough of heartache. FRED VAUPEL:I really hates to dig up that driveway. TRUSTEE FOSTER: We do not want you to do that; there is other ways of doing it. There are other ways doing it besides that'd PATRICIA MOORE: So it does not necessary have to be a drywell to contain some kind of diversions method. TRUSTEE FOSTER: well if the water went into the woods, by the time it got out to the road, if it ever came that far. It would not be mud. It would just be water. All the properties along Mill Road, all drain to the road. All the properties have water coming off them. It is not dirty water it is not mud and silt. FRED VAUPEL; I do not thing drywells would work there anyway. TRUSTEE FOSTER: It is just clay, it is basically impervious so you are going to have to possible dig a trench along the edge of the asphalt on either side and fill it with big gravel. Like as french drain it is not physically not going to drain but it is going to find its way to the bottom but all the impurities will kind of stop along the way. The problem is the water it is running down the edge and the edge is all dirt. By the time it settles to bottom it has accumulated such a vast amount if you fill it with gravel. It will minimize the erosion if any. FRED VSUPEL: I understand I just wanted to make sure that everybody understood that we did not intention. It was not our attention not to apply for Trustee's Permit. We were completely unaware that we had to apply for one we actually thought that we were covered under the Building Permit. When we receive the permit we will get a contractor out there. TRUSTEE KRUPSKI: In the meantime what about burying those lines? FRED VAUPEL: Actually you probably know about what we are at than what I know. TRUSTEE KRUPSKI: Yeah. TRUSTEE SMITH: I see the Connecticut guys want transmission lines across the sound. FRED VAUPEL: That is a project that we are involved in. TRUSTEE KING: What gas lines? TRUSTEE SMITH: No electric lines. They figured they would go underneath there and the vibrations was going to kill the lobsters. FRED VAUPEL: We basicalley LIPA is partners with the township of Southold and the decision that the process was the ultimate value of the line. The line is 23KD now and we want to convert it to 59KD bcause this is probably what is needed. Right now it looks like if I had to take a guess I would probably a some kind of height installation and some areas it would be underground. Our final decision has not been made. TRUSTEE KRUPSKI: So it is a possibility then. FRED VAUPEL: I would say I do not think at the end of the day either party is going to go home getting actly what they wanted. 45 TRUSTEE KRUPSKI: So opened farm land you would go underground where it is easier. FRED VAUPEL: The problem with open farm land is where the existing line is now. It actually not a right of way. Those are individually negiotated easements and there is probably a neighborhood of 150 or 160 easements along that route. So even if LIPA wanted to and desires to put the whole line undeground. We would have to negiotate with every single one of the property owners. Because the easement that were granted are aerial easemenets. They own allow the line to be placed over that. We would have to re-negioate new easements. For every single property owner's and all you have to do is have one person that ! do not want it. What do you do? TRUSTEE KRUPSLI: ! will sign mine today. You have one. Do you know what it is to farm around those things? FRED VAUPEL: ! am sure it is an inconvenience. TRUSTEE KRUPSKI: But if it has to go overhead, the space between the towers. FRED VAUPEL: With the distance between the towers. There is the possibility yes they could be lying down. TRUSTEE KRUPSKI: ! have a four-poster on one property line. FRED VAUPEL: The intrastructure. TRUSTEE KRUPSKI: In the middle is a two poster FRED VAUPEL: The towers are the two posters and there are box towers, which are the four, what we are proposing is that all of those towers be removed and they would be replaced with steel poles. Which are artily nicer looking they take up less space. But there still has to be an area around that pole so there was maintenance issue and we had to get a work force in there on an emergency basis. They would be able to access each one of these poles. TRUSTEE KRUPSKI: Sure of course. But could they be spaced out so you can put them more on the property lines. FRED VAUPEL: See that is the other problem is that the easement that were negotiated which believe or not that line has actually been there since the 1920's The easements that were negotiated have very stringent guidelines as to where you can actually put the poles and the towers. So it is not like if! have a tower here and ! can just move it thirty feet to the east and thirty feet to the west. Basically it has to go where it is. TRUSTEE KRUPSKI: You are not making us feel any better. FRED VAUPEL: like ! said the real issue is the fact that you are dealing with a 150-distinguee easements. We actually read through all these easements and a lot of them are very similar but some of them have there own little verbiage in there and when you get down to the brass tax and you start to do something people are going to. You see more than ! do, ! watched these meetings you cannot get two people to agree on anything. TRUSTEE FOSTER: We came under fire tonight. FRED VAUPEL: We have accessed that whole line probably twenty different ways and all of those assessments are being used with both Southold and Riverhead township. To give them a clear understanding of all of the engineering that has been done so far. What all of the options are? The lines along the 46 railroad right a way along Sound Avenue, along the existing easements. Combination of the three. There are a lot of different ways you can do it. But you also have to also maintain lines close to the substation. The further you go away from the substation the more costly they get. Because you have to tie the lines into so it is a complicated process and I think LIPA is doing the right thing in that they are involved with both of the townships for the purposes of maintain good community relations. They want them involved in the decision-making TRUSTEE KRUPSKI: So even a small improvement is an improvement. TRUSTEE FOSTER: You would not want to be without electric. \ FRED VAUPEL: It is a necessary evil. You need the lines I understand no one wants to look at them; no body wants them in their backyard. But they have to be somewhere. PATRICIA MOORE: Can we get this permit so we can get out of the violation. TRUSTEE KRUPSKI: Yes do I have a motion to close the hearing? TRUSTEE SMTIH: So moved. TRUSTEE FOSTER: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES TRUSTEE KRUPSKI: I will make a motion to Approve permit for LIPA/Keyspan for as built improvements to the access road with the stipulation that you French drains along the edge to minimize the run-off. TRUSTEE POLIWODA: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES. FRED VAUPEL: Thank you very much. TRUSTEE FOSTER: thank you for the information, I had one question for you but I will not ask you. Because these people are waiting to get out of here. FRED VAUPEL: I will give you my card. If you have any questions regarding any of those issues feel free to give me a call. TRUSTEE FOSTER: Thank you very much. 35. Patricia Moore, Esq. on behalf of BOB DAY request a Wetland Permit for renovation to existing house 8'x8' addition and 36'x24' addition. Located: 7055 Indian Neck Road, Peconic, NY SCTM#86-05-26.1 TRUSTEE KRUPSLI: anyone here like to speak on behalf of the applicant. PATRICIA MOORE: I am here if you have any questions? TRUSTEE OSTER: I looked at this. PATRICIA MOORE: You are above the ten foot contour the DEC ruled it non- jurisdictional and then we got the house that is existing. There is a patio there now that is a little tiny pop-out on the one side. That is about the only water side which is further away than the rest of the house. There is a larger addition to the neighbor's house. You remember. TRUSTEE FOSTER: Yes, I was just looking for it. I cannot remember is there is a paper in here that actually showed that. There is no blue print in here. PATRICIA MOORE: There is a survey with the additions. 47 TEUSTEE FOSTER: I really did not see a problem with it. You have to throw up some haybales up there. You got to address the run-off problem. It is a lot less than the 100 feet from the wetlands. TRUSTEE KRUPSKI: Gutters and drywells and all that. TRUSTEE SMITH: To contain there own roof run-off. TRUSTEE FOSTER: Haybales during construction. PATRICIA MOORE: There is an existing house there. TRUSTEE FOSTER: But it is right in the wetlands. I do not know what the survey shows. It is high up but it still is jurisdictional. I did not see a problem with it. It is just haybales around the perimeter. I make a motion to close the hearing. TRUSTEE POLIWODA: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES TRUSTEE SMITH: I make a motion that we approve the BOB DA Y application for renovations to existing house 8'x8' addition and 36'x24' addition. Located: 7055 Indian Neck Road, with the stipulation that contain roof-run-off and drywells on the new addition. TRUSTEE POLIWODA: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES 36. Patricia C. Moore, Esq.. On behalf of GERALD RAFFERTY requests a Wetland Permit for the placement of spoil (from SCDPW dredge of Little Creek or other) Geotube for retention of sand and plant with Cape American Beach Grass 18" on center and Rosa Rugosa $' on center. Relocate away from wetland existing float, ramp and piles approx. 75' west (inside private boat basin). Located: 9205 Skunk Lane, Cutchogue, NY SCTM#104-3-16.1 TRUSTEE KRUPSKI: Are we going to move forward on this Rafferty.thing I see Joe Edgar in the hallway? PATRICIA MOORE: You are kidding he showed. I am so pissed off at him. I gave him the agenda. I called him the guy is just .... I am going to write a letter to my client and say if this guy doesn't show up don't waste time. This is the third time. My client is paying for my time. He is not going to pay my time when I do not have anyone there with me. So we will see what happens. TRUSTEE KRUPSKI: Do you want to table it? PATRICIA MOORE: Yes, please. TRUSTEE KRUPSKI: I will make a Motion to Table the application for GERALD RAFFERTY TRUSTEE FOSTER: That is a SEQRA determination to. TRUSTEE KRUPSKI: Can you please read it Artie? PATRICIA MOORE: Are you going to negative it. TRUSTEE KRUPSKI: It is an unlisted action. PATRICIA MOORE: An unlisted action with a negative depth. TRUSTEE FOSTER: I maybe wrong, I marked it. No I do not have it. Rafferty is not on here but I got SEQRA written down here TRUSTEE KRUPSKI: All right 48 37. ALEXANDRA JONES on behalf of THOMAS J. MEYER request a Wetland Permit to place (removable for winter storage) 32' consisting of a 4 section of 8' long 4' wide to walk or sit on. No excavation, or permancy of installation is required. No phragmites to 12" where removable walkway goes. Located: 2065 Soundview Avenue, Southold SCTM#59-06-17 TRUSTEE KRUPSKI: Where are the field notes on this, Charlotte? TRUSTEE King: We thought a wood chip walkway down there would be better than those platforms so you can get out where it is wet and the phragmites and then but the platform out. THOMAS MEYER: She made four of them. What I actually wanted to do it is much more than 32 feet. It is about sixty feet, so you want the walkways the first part thirty eat away. Wood chips to the water? TRUSTEE KRUPSKI: No opposite. TRUSTEE KING: Just the other way around. THOMAS MEYER: The opposite you do not want the walkway all the way back to. TRUSTEE KRUPSKI: It is all upland there. Once you get into the phragmites you can put the walkway down. THOMAS MEYER: I come right from where it is really muddy. The phragmites are ten fee height the whole thing. I am going to make a path. Legally can you trim them? So that it is not ten foot high. TRUSTEE KRUPSKI: You really cannot trim them. In some places we allow trimming. But that is the edge of lake and I do not know. You can trim for a path. TRUSTEE SMTIH: just the path. TRUSTEE KRUPSKI: If you do not trim back a little more than the path. They are just going to hang over TRUSTEE POLIWODA: We will give you four-foot path and trim them. THOMAS MEYER: Twelve inches on each side. To the left they are ten feet high and you just cannot clean that a little. I noticed that everyone has it cleared; I just wanted to take a foot or so. TRUSTEE SMITH: That would encourage them to grow thicker. If you cut them back. TRUSTEE KRUPSKI: I think you better leave them alone. TRUSTEE SMITH: They will get tough. THOMAS MEYER: Because I saw that everybody has it cleaned up a little bit. TRUSTEE KRUPSKI: Let us move on here. Do I have a motion to close the hearing? TRUSTEE SMITH: So moved. TRUSTEE FOSTER: Seconded TRUSTEE KRUPSKI: All in favor. ALL AYES. THOMAS MEYER: Can I disturb to level it is a little bit to the ground. Because it is not all even. TRUSTEE SMTIH: How are the phragmites? 49 THOMAS MEYER: The ground itself not phragmites. TRUSTEE FOSTER: Sure you can. THOMAS MEYER: Some kind of wood, wood chips. TRUSTEE SMITH: Wood chips or gravel whatever you want to put down to walk on. TRUSTEE SMITH: Just as long as it is not black top. THOMAS MEYER: The actual placement there is a path that goes out to the right spot where it is the narrowest for the phragmites, The survey you have does not necessary have to be in that exact spot. That is not the spot if anyone was out there. TRUSTEE KRUPSKI: Get a copy of the survey and draw in where you want it. We are going to let you put the path located at your convenience. So if you want to put the path down then get a copy of the survey and draw it in. THOMAS MEYER: So I got to draw it in survey the exact spot and show it before I do it. TRUSTEE KRUPSKI: It should not take long. Draw it in there. TRUSTEE FOSTER: Just so that we have accurate records that is all. THOMAS MEYER: Do I have to go to a hearing for that or something. TRUSTEE KRUPSKI: No we are going to give you the approval to do it. has to make a motion TRUSTEE FOSTER: I will make a motion to Approve the application of THOMAS MEYER as requested. TRUSTEE SMITH: Seconded. TRUSTEE FOSTER All in favor. ALL AYES. TRUSTEE TRUSTEE TRUSTEE KRUPSKI: I need a motion to go back to the Regular Meeting. FOSTER: So moved. TRUSTEE POLIWODA: Seconded. KRUPSKI: All in favor. ALL AYES So one VI. MOORINGS: 1. JEFFREY CITERA request off-shore mooring to replace #852 Goose Creek 13 foot boat Access: Public TRUSTEE KRUPSKI moved to Approve. TRUSTEE POLIWODA seconded. ALL AYES. 2. GEORGE F. HAASE JR. request offshore stake with pulley to onshore stake -Arshamomaque Creekl3 foot outboard/boat. Access: Private. TRUSTEE KRUPSKI moved to Approve. TRUSTEE POLIWODA seconded ALL AYES. 50 3. BILL E SPOSITO request off shore mooring - Deep Hole Creek for a 16' Sailboat. Access: Private TRUSTEE KRUPSKI moved to Approve TRUSTEE KING seconded. ALL AYES. MEETING ADJOURNED AT,' 11:30 pm Respectfully submitted by: Charlotte Cunningham, Clerk Board of Trustees