HomeMy WebLinkAboutTR-02/24/1999MINUTES
FEBRUARY 24, 1999
PRESENT WERE:
ABSENT:
James King - Vice President
Henry Smith - Trustee
Ken Poliwoda - Trustee
Lauren Standish, Clerk
Scott Hilary - CAC Chairman
Albert J. Krupski, Jr. - President
Artie Foster - Trustee
CALL MEETING TO ORDER
PLEDGE OF ALLEGIANCE
NEXT FIELD INSPECTION: Wednesday, March 17, 1999 at 12:00 Noon
NEXT TRUSTEE MEETING: Wednesday, March 24, 1999 at 7:00 PM
WORKSESSTON: 6:00 PM
APPROVE MINUTES: Approve Minutes of January 21, 1999 Regular Meeting.
TRUSTEE POLIWODA moved to approve, TRUSTEE KING seconded. ALL AYES
MONTHLY REPORT: The Trustees monthly report for January 1999. A check for
$4,862.43 was forwarded to the Supervisor's Office for the General Fund.
TT.
PUBLIC NOTICES: Public Notices are posted on the Town Clerk's Bulletin Board for
review.
TTT. AMENDMENT S/WAIVERS/CHANGE S:
Costello Marine Contracting on behalf of CLEAVES POINT CONDO. requests an
Amendment to Permit #4224 to install four 4'X 30' fingers, four 4'X 25' fingers and
construct an 8'X 66' "T" floating dock. Located: Shipyard Lane, East Marion.
SCTM#38-7-4.2 & 38.2-1-45
TRUSTEE SMITH moved to Deny the application without Prejudice and recommended
re-submitting as a full application. TRUSTEE POLIWODA seconded. ALL AYES
Costello Marine Contracting on behalf of PATRICK LOHN requests an Amendment to
Permit #4954 to resheath (within 18" using plastic vinyl sheathing) the east and south
bulkhead walls located within the smaller basin. Located: 2335 Minnehaha Blvd.,
Southold. SCTM#87-3-57
TRUSTEE SMITH moved to approve the application, TRUSTEE KING seconded. ALL
AYES
LOUIS & ELIZABETH FORMICA request an Amendment to Permit #1658 to change
the configuration of the dock back to the way it was originally approved by Trustees,
ACE, and DEC. Located: 2422 Westphalia Rd., Mattituck. SCTM#114-7-10.6
TRUSTEE SMITH moved to approve the application, TRUSTEE KING seconded. ALL
AYES
Permits & Drafting Unlimited on behalf of WALTER CHADWICK requests an
Amendment to Permit #4979 to reduce the total length to 4'X 20' ramp, 4'X 79' catwalk,
3'X 14' ramp and 6'X 20' float, in accordance with State and Army Corps. Approvals.
Located: 6565 Indian Neck Lane, Peconic. SCTM#86-6-25
TRUSTEE SMITH moved to approve the application, TRUSTEE KING seconded. ALL
AYES
J.M.O. Consulting on behalf of MATTITUCK INLET MAR1NA requests an Amendment
to Permit #4857 to relocate existing southern float assembly 80' +/- to south and install
new 6'X 20' ramp for access float, remove existing 30' float on southerly side and attach
to south side of existing float assembly to north, install an additional 30' to west end of
said float and install 10'X 310' of floating docks and a 20'X 20' float. Located: West
Mill Rd., Mattituck. SCTM#106-6-13.3
Application was Withdrawn at the request of J.M.O. Consulting until further notice.
Robert D. Wendell on behalf of ELLEN VIOLETT requests a Waiver to install a 16'X
34' swimming pool in rear of yard. Located: 650 Cedar Point Dr. East, Southold.
SCTM#90-2-17
TRUSTEE POLIWODA moved to approve the application with the condition that
drywells be installed for drainage. TRUSTEE SMITH seconded. ALL AYES
Ray Nine on behalf of JOHN LOCKWOOD requests a Waiver to clear trees and brush
from property. Located: 906 Old Harbor Rd., New Suffolk. SCTM#117-5-48.1
TRUSTEE SMITH moved to approve the application with the condition that the property
remain at it's natural state. TRUSTEE KING seconded. ALL AYES
HAROLD & DOROTHY C. BAER request a Transfer of Wetland Permit #4743 from
Gloria M. McCoy to Harold & Dorothy C. Baer. Located: 1425 Meadow Beach Lane,
Mattituck. SCTM#116-7-6
TRUSTEE KING moved to approve the application, TRUSTEE SMITH seconded. ALL
AYES
John Bertani Builder, Inc. on behalf of LAURA ROSENBERG requests a one-year
extension to Permit #4717 to construct approx. 100' bulkhead to attach to neighbors
existing bulkheads, reconstruct 30' low profile groin and construct a single family
dwelling as per survey dated March 25, 1997 with 20' non-turf buffer behind bulkhead.
Located: Watersedge Way, Southold. SCTM#88-05-57
TRUSTEE POLIWODA moved to approve the application, TRUSTEE KING seconded.
ALL AYES
10.
DANIEL C. MOONEY requests a one-year extension to Permit #4563 to construct a new
single-family dwelling. Located: Rabbit Lane, East Marion. SCTM#31-17-11
TRUSTEE SMITH moved to approve the application, TRUSTEE POLIWODA
seconded. ALL AYES
11.
Robert Adipietro on behalf of FRANK VALENTI requests a one-year extension to
Permit #4703 to construct a single-family dwelling, sanitary system and pervious
driveway as per survey. Located: S/w corner Route 48 at Main Rd., Greenport.
SCTM#34-1-8
TRUSTEE SMITH moved to approve the application, TRUSTEE POLIWODA
seconded. ALL AYES
TRUSTEE SMITH moved to go off the Regular Meeting and onto the Public Hearing,
TRUSTEE KING seconded. ALL AYES
IV. 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
Costello Marine Contractng on behalf of NANCY L. WALZOG requests a Wetland
Permit and Coastal Erosion Permit to construct 4'X 20' ramp from top of bulkhead
continuing with a level 80' dock, 32"X 16' aluminum ramp, 6'X 20' floating dock
secured by three 2-pile dolphins. Located: 12832 Main Rd., East Marion. SCTM#311-
14-115
POSTPONED AS PER TRUSTEE'S REQUEST
Costello Marine Contracting Corp., on behalf of JAMES RILEY requests a Wetland
Permit to install 4'X 35' catwalk (4' above vegetation), 4'X 60' fixed dock, 3'X 12'
ramp, 6'X 20' float secured with two 2-pile dolphins, install two 2-pile dolphins 20'
offset from each side of float (4 dolphins). Located: 3600 Vanston Road, Cutchogue.
SCTM#111-5-12
TRUSTEE KING: This has been amended. They changed the location of the dock.
TRUSTEE POLIWODA: At the inspection we didn't have a problem with it.
TRUSTEE KING: Do you have any comments?
JOHN COSTELLO: We've adjusted the drawings, we moved the dock, we moved it
over to the area that was clear of the marsh. We try to appease not only A1 as far as his
policies are concerned, the DEC had the same concern, and the fish & wildlife division.
We projected the property line (changed tape) both Mr. Poliwoda and Mr. Krupski
suggested that the floating dock, get it a straight line out with an "L" to the south. The
drawing has been amended and adjusted to conform with that. I believe the last concern,
and correct if I'm wrong Mr. Poliwoda at any time, the inshore end of the dock was
narrowed up to approx. 3 lA ft. and wanted to know if he could stand for a narrower
dock. Mr. Riley said he would and I believe that the DEC will allow 3.5'.
TRUSTEE KING: The CAC concern was to keep it off the vegetation.
SCOTT HILARY: This was an old application so I don't have the comments in front of
me.
TRUSTEE KING: Okay, these are the new drawings submitted. Is there anybody else
who cares to comment on this project?
TRUSTEE POLIWODA: Yes, the only thing we're changing is the "T". We're moving
it over to an "L".
JOHN COSTELLO: Yes, and we're moving the entire structure over.
TRUSTEE SMITH: I'll make a motion to close the hearing.
TRUSTEE POLIWODA: Seconded. ALL AYES
TRUSTEE POLIWODA: I'd like to make a motion to approve James Riley's request to
install a 4'X 35' catwalk, 3.5' above vegetation, 4'X 60' fixed dock, 3'X 12' ramp, 6'X
20' float secured with 2-Pile dolphins, in an "L" shape configuration and install two 2-
pile dolphins 20' offset from each side of float.
TRUSTEE SMITH: I thought that was a 3.5' catwalk.
TRUSTEE POLIWODA: It was narrowed.
TRUSTEE SMITH: That was a 3.5'X 35' catwalk, right John?
JOHN COSTELLO: Yes.
TRUSTEE SMITH: 4' above vegetation.
JOHN COSTELLO: No this area is void of vegetation, but he would be willing to
narrow it down up to 3.5' instead of 4'.
TRUSTEE SMITH: I'll second it.
TRUSTEE KING: All in favor. ALL AYES
J.M.O. Consulting on behalf of LOUIS SIRCUSANO requests a Wetland Permit to
construct +/- 100' of timber bulkhead with a 30' return at the western terminus and to
backfill structure with +/- 250 c.y. of clean sand trucked in from an upland source.
Located: 895 North Parish Drive., Southold. SCTM#71-1-9
NOTE: Applicant requests to amend the description to read as follows: Relocate the
proposed timber bulkhead +19' landward of the original proposed location.
TRUSTEE KING: I think they did what we were talking about. I think it's out.
TRUSTEE SMITH: I don't know if you're familiar with the guy next door, the return?
Okay, he's got a corner pile on the return and then there's a middle pile and we figured if
you could tie in right where that third piling is..
TRUSTEE KING: Right on the inner pile.
TRUSTEE SMITH: And then you don't destroy that bank and the vegetation.
GLENN JUST: Yes, that was their concern. The bank and that big tree that's there.
TRUSTEE SMITH: And whatever that distance is, you know from the end of that thing,
go to the toe of the bluff on the other end.
GLENN JUST: I thought I would bring this by. They sent this over to me. There is no
date but you could see the clothes they're wearing and it's kind of an old photo. There's
been a lot of erosion and he wants to save that big tree on the other end. I staked it out
wrong, that's why I sent the change over. I don't know what I was doing.
SCOTT HILARY: Jim, we had recommended disapproval. We just would like to see an
attempt if possible, the bank re-vegetated. I mean, that's often difficult to ask a
landowner to do, but we did have a problem how far seaward this area went because if
you look at the neighbor, that' s ridiculous. That' s someone' s private beach that' s been
elevated. I don't know if it's possible to come back even further.
TRUSTEE KING: This gets it in right about...
SCOTT HILARY: As close to...okay. That's what our next request would be. Is to try
to get as close to the bank as possible.
TRUSTEE KING: I paced it off, about 20'. So, you have +19'. So if you make it 20',
make it 20'. CAC has recommended disapproval.
SCOTT HILARY: Yes, but we can agree with that.
TRUSTEE SMITH: Motioned to close the hearing.
TRUSTEE POLIWODA: Seconded. ALL AYES
TRUSTEE KING: Yes, what was there was just too much. I'll make a motion to
approve the application of Louis Sircusano, 19+' inside of the original description which
would be the landward pole on the neighbor's bulkhead to run along the toe of the bank.
There won't be a lawn down to the bulkhead?
GLENN JUST: No, not at all.
TRUSTEE KING: It will be natural vegetation.
SCOTT HILARY: Are they trying to save that tree? I think it's a large oak.
TRUSTEE KING: Yes. Do I have a second.
TRUSTEE SMITH: Seconded. ALL AYES
En-Consultants, Inc. on behalf ofEILEEN KASSCHAU requests a Wetland Permit to
replace (within 18") +/- 160' of existing timber bulkhead and backfill with approx. 135
c.y. of clean sand trucked in from an upland source. Remove and replace
(inkind/inplace) existing 7'X 8' frame shed; 6'X 20' wood deck; 3'X 7' wood steps and
+/- 160' timber retaining wall. Located: 5800 Vanston Rd., Cutchogue. SCTM#118-1-
1.2
TRUSTEE KING: Is there anyone here who would like to speak on this?
ROB HERRMANN: Rob Herrmann from En-Consultants on behalf ofEileen Kasschau.
This is the house at the very, very end of Vanston Road looking over, on the one side, of
Peconic Bay. The Trustees have recently, in November, issued a letter of non-
jurisdiction for the work on the house, all of which is beyond your jurisdiction of 75'
from the bulkhead. As Mr. King just read, we're now in just for the Permit to replace the
bulkhead which is growing increasingly in disrepair and also to do some maintenance,
some removal, and replacing inkind/inplace the structures behind the bulkhead but still in
this Board's jurisdiction which is the retaining wall, the little shed, the deck, some steps.
The DEC has issued a non-jurisdiction letter for the entire property, so this is the last one.
If the Board has any questions, I'd be happy to answer them, and so will Gene Burger of
Burger Construction who is here, doing some of the work on the upland as well.
TRUSTEE SMITH: Are you still going to have two sets of stairs coming down that
bank, Gene.
GENE BURGER: Well the problem is that the one set of stairs is a right-of-way.
TRUSTEE SMITH: Okay, that's the ones to the south? That's the doctor next door
there.
GENE BURGER: The people on the creek side.
TRUSTEE SMITH: Oh, Okay. Are you going to... is this gentleman going to maintain
those? The only question we had on that were the groins out there. Are any of those
groins in front of this gentleman's property?
ROB HERRMANN: The two middle ones are. There are two that are just on either side
either to the southeast or the northwest.
TRUSTEE SMITH: The two to the northwest seemed like that they were so far
deteriorated that they were inoperable. I don't think the DEC would give you a permit to
replace them anyway.
ROB HERRMANN: Well the groins are not part of this application.
TRUSTEE SMITH: Okay, they have nothing to do with it. I was just curious about it.
ROB HERRMANN: Part of the reason for that and I suspect that they may want to...we
may be back in front of this Board to take care of the groins. The problem is that now
with the DEC as with docks, a bulkhead replacement which we think DEC is giving us to
process, their taking six, seven, eight months to issue a Permit for a groin reconstruction
and the bulkhead is badly deteriorating, so we needed to get in and quite frankly, to get
these Permits from everybody to replace that bulkhead. The groins are a secondary
concern. We don't want to lose the bluff while we sit around arguing about the groin
being 30' or 35' or whatever, so it is not part of this application.
TRUSTEE KING: We were just curious.
TRUSTEE SMITH: Well we went down there and said, what about these groins.
ROB HERRMANN: Well it's especially confusing when you're down there because you
can't really tell without the updated survey in front of you where the groins actually are.
When I first went down there, I thought all four of them were in front of Kasschau's but
only the two middle ones actually are.
TRUSTEE SMITH: Well it seems like a good project.
TRUSTEE KING: CAC recommends approval. Any other comments on this?
CHRISTINE HUNT: Yes, I have a letter in the file.
TRUSTEE KING: Okay, I'll read it into the records.
CHRISTINE HUNT: We are delighted that they are doing the work, we're not objecting
to it but requesting care be given.
TRUSTEE KING READING LETTER
TRUSTEE KING: You have no objection to this?
CHRISTINE HUNT: I don't. I provided these papers. En-consultants did sent us a
certified letter but I never got it. I only saw the information recently. I had not had an
opportunity to have anyone look at it and tell me that we're not going to have a negative
impact. So if you tell me that that's the case, both of you..
GENE BURGER: Well I'm the man responsible and you're not going to have a problem.
CHRISTINE HUNT: Yes, I know, your in construction, but you're the expert on this.
ROB HERRMANN: It should be able to be performed without any problems, without
harming the bulkhead whatsoever. It's a standard bulkhead replacement project. If it's
done 18' in front there doesn't need to be any re-construction of what your describing.
This is one structure now. It will simply be built in front without any "taking apart".
CHRISTINE HUNT: I see, so it's going to happen in front of it.
ROB HERRMANN: And the regulations require that it occur a maximum of 18" and
does not require the disassembly of the bulkhead at all.
CHRISTINE HUNT: Okay, and with the retaining wall, (couldn't understand), what
would be the impact of that. Because that also stretches across my property.
ROB HERRMANN: That's right. What I'm assuming the contractor will do is lead up to
that point and then take out the ..... what the plan is for that existing retaining wall to be
taken out and in some parts it looks like it's so deteriorated that some of those parts
should be able to come out fairly easily. I'm sure the contractor will stand behind his or
her work and making sure your retaining wall is not affected. It's going to maintain the
stabilization of the bluff with that. That's the purpose of the project. That's always a
standard condition of a Permit for any disturbance that does take place including on the
owner's property, that it be re-vegetated or re-built, that's a standard part of the
conditions of a State Permit.
CHRISTINE HUNT: Well thank you for your information. It is helpful. It is a little
confusing because like I said, these were all one property.
TRUSTEE KING: Are there any other comments on this project?
TRUSTEE SMITH: Well the only thing I'd like to add is that the frame shed, 6'X 20'
frame shed, be just a shed, no living facilities, bathrooms, kitchens, toilets, showers, just
be used as a storage shed.
TRUSTEE KING: That's a 7'X 8' frame shed.
TRUSTEE POLIWODA: Motioned to close the hearing.
TRUSTEE SMITH: Seconded. ALL AYES
TRUSTEE SMITH: I'll make a motion to approve the application of EILEEN
KASSCHAU and the shed be used as a shed only and everything re-vegetated when it's
done.
TRUSTEE KING: Seconded. ALL AYES
Samuels & Steelman Architects on behalf of MARK LOWENHEIM AND WALTER
CHADWICK request a Wetland Permit to construct a one-story addition to existing one-
story residence with partial full basement and unfinished attic space. Located: 6565
Indian Neck Lane, Peconic. SCTM#86-6-25
TRUSTEE KING: Is there anyone who wishes to comment on this project?
TRUSTEE SMITH: I have no problem with it. What about CAC. Do they have a
problem with it?
SCOTT HILARY: No, we recommended Approval.
TRUSTEE KING: Do I have a motion to close the hearing?
TRUSTEE SMITH: Moved to close.
TRUSTEE POLIWODA: Seconded. ALL AYES
TRUSTEE SMITH: I'll make a motion for MARK LOWENHEIM AND WALTER
CHADWICK to approve the application.
TRUSTEE KING: Seconded. ALL AYES Also include that haybales be placed along
the work area.
FRANK & VIRGINIA ZIMMER request a Wetland Permit to build a 4'X 40' dock on
the east side of the 77 acre farm. Size of boat is 21' which draws maximum of 1 iA'
water depth. Located: 34600 Main Road. (Eagle Neck) Orient. SCTM#19-1-18.3
POSTPONED AS PER APPLICANT'S REQUEST
Permits & Drafting Unlimited on behalf of LESLIE GAZZOLA requests a Wetland
permit to replace 82.5 linear ft. of bulkhead within 23" seaward and 25" higher than
existing, widen existing slip by excavating 2.5'X 25' section and constructing new
bulkhead at walls, backfill bulkheads with 100 c.y. of excavated material and related
activities to complete. Located: 495 Elizabeth Lane, Southold. SCTM#78-5-2
NOTE: Applicant requests to amend the description to read as follows: Inkind/inplace
reconstruction of bulkhead with 25" increased height, and widening of boat slip as
requested in original application.
MR. GAZZOLA: I have a couple of proof of mailing notices.
TRUSTEE SMITH: We looked at it and it definitely has to be done inkind/inplace
because if you go 2' out and 20 years from now someone else goes out 2', 2' then 2', and
as far as widening that boat slip, I think that's the way to do it really, but if the DEC is
going to let you do it, I don't know.
MR. GAZZOLA: They're OK with that.
TRUSTEE SMITH: They are?
MR. GAZZOLA: Yes, they weren't OK with going out in front. Right now you can't fit
two boats in there.
TRUSTEE SMITH: And you want to go 9' wide.
MR. GAZZOLA: 9' on one side to the Hansen property...
TRUSTEE SMITH: Yeah, because that's all a man made ditch back there anyhow.
TRUSTEE KING: We'd like to see a non-turf buffer behind that bulkhead. 10' wide?
We don't want a golf course down to the bulkhead.
MR. GAZZOLA: Well what we're going to do when we raise it 25", we should
eliminate...that's just a wash-over. 10' seems like quite a bit, is that normal.
TRUSTEE POLIWODA: That's the normal policy plus in that spot where we inspected,
seems like the normal wash is 10'.
MR. GAZZOLA: If we come up more, we won't have a wash. What we want to do is
bring it to a 4' or 5' buffer and (can't understand) height of the bulkhead, we're not going
to have a back-wash.
SCOTT HILARY: But your neighbor's it can come back around the end of the bulkhead
at any time in a heavy storm. Your neighbor is not going to have that 24" increase.
TRUSTEE POLIWODA: The buffer is not for the dock-wash, it's for your lawn,
fertilizers getting washed into the creek. By putting a buffer in there, gravel, or natural
plantings...
TRUSTEE KING: We just don't want to see turf going down to the bulkhead. A
manicured lawn.
TRUSTEE SMITH: Seagrass, gravel, shrubbery that's common to the area. Just
something that doesn't need fertilizer.
SCOTT HILARY: We had the same comments that the construction not to exceed
seaward into the wetland as well as a non-turf buffer. But one concern we had is, you're
asking this gentleman to do this, the non-turf buffer, if you look at that whole canal,
there's not one non-turf buffer in there. We really need, or you guys need to send a letter
to all those people because that impact, as a whole, has an impact.
TRUSTEE KING: This is why we do it when they rebuild.
SCOTT HILARY: Well there is some new construction going on there though.
TRUSTEE KING: Really.
SCOTT HILARY: Yeah that doesn't have it. So that was a concern of ours as well. But
we can address that later.
TRUSTEE KING: Does anybody else care to comment on this project? Close the
hearing.
TRUSTEE POLIWODA: Motioned to close.
TRUSTEE SMITH: Seconded. ALL AYES
TRUSTEE SMITH: I'll make a motion to approve the application for LESLIE
GAZZOLA with a 10' non-turf buffer.
TRUSTEE KING: Seconded. ALL AYES
Permits & Drafting Unlimited on behalf of CHERYL HANSEN requests a Wetland
Permit to replace with new 112 linear ft. of southerly bulkhead within 23" seaward and
25" higher than south bulkhead, replace inkind/inplace 147 linear ft. of bulkhead along
east side at same height, widen existing boat slip by excavating 9'X 25' section
bulkhead-upland area and constructing new bulkhead at walls, backfill bulkheads with
100 c.y. of excavated material. Return lawn area to level ground and related activities to
finish project. Located: 445 Elizabeth Lane, Southold. SCTM#78-5-3
NOTE: Applicant requests to amend the description to read as follows: Inkind/inplace
reconstruction with 25" increased height and widening of boat slip as requested in
original application.
TRUSTEE SMITH: I had no problem with that. Just add a 10' non-turf buffer zone
behind the bulkhead.
TRUSTEE KING: So basically the CAC is saying the same comments as the last one.
Do I have a motion to close the hearing.
TRUSTEE SMITH: Moved to close.
TRUSTEE POLIWODA: Seconded. ALL AYES
TRUSTEE SMITH: I'll make a motion to approve the application of CHERYL
HANSEN inkind/inplace, 25" higher than south bulkhead replace inkind/inplace 147'
linear ft. of bulkhead along east side at same height, widen existing boat slip by
10
excavating 9'X 25' section bulkhead-upland area and constructing new bulkhead at walls,
backfill bulkheads with 100 c.y. of excavated material. Level ground is fine but there is
to be a 10' non-turf buffer zone in front of the new bulkhead.
TRUSTEE KING: Seconded.
TRUSTEE SMITH: Actually when I said a buffer zone I mean no turf, no grass, you can
plant natural seagrasses or things like that but not a lawn, that will require fertilizer,
insecticides, weed control...
TRUSTEE KING: All in favor. ALL AYES
Darrell Kost, P.E. on behalf of CHARLES KLEIN requests a Wetland Permit to repair
wooden bulkhead and boat slip inkind/inplace. A 16' long extension is proposed on the
north side. Extension will be perpendicular to the shoreline which is necessary to prevent
silting in boat slip and prevent impacts on the Spartina marsh. Existing boat slip will be
dredged to 3' below mean low water. Located: 2980 Ole Jule Lane, Mattituck.
SCTM# 122-4-17
TRUSTEE KING: Does anybody wish to speak on this project? Ken and A1 had a
problem with this. I think we should TABLE this. I'll make a motion to TABLE.
TRUSTEE POLIWODA: Seconded. ALL AYES
10.
Richard Larsen on behalf of ROBERT ROCKEFELLER requests a Wetland Permit and
Coastal Erosion Permit to construct approx. 74' of toe armor stone and backfill with 50
yds. of upland fill. Located: 55185 North Road, Southold. SCTM#44-01-8
POSTPONED AS PER AGENT'S REQUEST
11.
Suffolk Environmental Consulting Inc. on behalf of WILLIAM PRICE, JR. requests a
Wetland Permit to construct a 1725 s.f. single family dwelling with a 550 s.f. attached
deck, an 865 s.f. gravel driveway, septic system and waterline, and place 125 c.y. of fill
to elevate the septic system house. Located: 100 Bay Road, Greenport. SCTM#43-5-10
TRUSTEE KING: Is there anyone here who would like to speak on behalf of this
application?
WILLIAM PRICE: Mr. Anderson is going to be real late so we can probably proceed
without him. I'm William H. Price, Jr., I'm one of the owner's of the property and will
be the sole owner of the property within the next couple of weeks. I plan to build my
home there. The house has to be placed in the location that it is, as far as this location to
the wetlands out on the beach because the DEC (can't understand) where the house is
going now, or where it is proposed to go, there are no wetlands there. It is shown on this
survey where the wetlands are located. I'm here because I have to be here.
TRUSTEE SMITH: We went down there and looked at it. We really didn't have a
problem with it. The only thing that was our big concern was that that area is used as a
run-off drain. And that's going to have to be addressed somehow.
WILLIAM PRICE: I understand that. That drain was put there without ever asking my
father or me to have it put there. I think that property has been owned by my father since
1956 or 1957. I know I have to talk to Mr. Jacobs and come up with a solution. I will
work on that. The other issue, I'd imagine is what kind of vegetation I'm planning to put
around there. I don't want a lawn. On either side. I'll put a sidewalk in from the street
to the front door and I'll need plans to hold the soil off the sidewalk.
11
SCOTT HILARY:
existing where you
TRUSTEE KING:
SCOTT HILARY:
TRUSTEE KING:
SCOTT HILARY:
You may want to transplant those beautiful bayberries that are
are planning to build.
Did you walk through there?
Yes.
What is that green stuff, it looks like cactus growing.
It is cactus. It's prickly pear cactus.
WILLIAM PRICE: I do plan to utilize whatever of the ....
SCOTT HILARY: Well it's just to your benefit. It's a nice planting.
WILLIAM PRICE: It is and the other thing I'd like to put there is the beach plum.
TRUSTEE KING: I'm really concerned about this road run-off problem. We had a
project up on Rambler Road, where the town had a drain easement, and we gave them a
Permit to build a new house. The new house got built, the neighbor's property started
getting flooded, and it's been an absolute nightmare for us. I'd like to get a commitment
from the Town that we're going to do something here so the next door neighbor doesn't
get flooded out when this property gets filled.
WILLIAM PRICE: I do understand that, and the Town does not have an easement there.
TRUSTEE KING: I do understand that, but we're going to have to do something to
control that road run-off.
WILLIAM PRICE: I know I have to address that issue with the highway superintendent
and come-up with something. I figured that the appropriate time to deal with that was
once I had the permits in hand, I'm not an engineer but I assume that what maybe the
solution is to have the Town put some sort of catch basin right under my driveway.
TRUSTEE KING: Or along the side of the side. Catch is as it comes along, because
road run-off, believe me, I've been doing this project in Mattituck and it is just an
ab solute nightmare with the amount of run-off we've got going.
WILLIAM PRICE: I know the issue and I will talk to Mr. Jacobs.
TRUSTEE KING: That's my only concern with this application is what we're going to
do about that because I don't want to see the guy next door, and the phone will be ringing
off the hook, that his yard is full of water.
WILLIAM PRICE: Before they put that drain in there though, the problem was the big
puddle in the street.
TRUSTEE KING: Well this is it. Nobody really cares where that water goes. They just
don't want to drive through it.
SCOTT HILARY: Jim, we were concerned as well with the run-off but when I saw the
site, it didn't seem like the proposed structure was staked or there were labeled stakes
there so it was tough for me to really get an indication in relation to the wetland. I mean I
can look at the site plan and pace it off.
TRUSTEE SMITH: We went there the other day and it was staked.
SCOTT HILARY: What I saw was one stake there and it was the deck. It wasn't the
perimeter of the home. I maybe mistaken.
WILLIAM PRICE: That wasn't the deck. The wetlands as you know, are between the
house and the deck.
SCOTT HILARY: There was an accurate distance in relation to the site plan. I did pace
it off. But what I was concerned about was, the perimeter of the proposed structure
didn't seem to be staked.
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WILLIAM PRICE: It was at one time but there's kids over in that neighborhood and I
don't want to accuse but they do get moved, but that's what happens. I don't know if you
guys recall, that whole area there, I think it was last year, but something like 13 houses
were burglarized.
SCOTT HILARY: Our concerns, were that when we go to a site we just need to give an
indication of where the proposed structure is going to be. We don't know what happened
to the stakes as well you don't.
TRUSTEE SMITH: It was broken off and laying down. Me and Jimmy found it. There
was really no problem as far as the placement of house or anything like that. The wetland
line they had out there was a little short, probably ten feet on one end and about four feet
on the other but we still had no problem.
SCOTT HILARY: No we didn't have a problem with it either but we were just being
consistent. That was it.
TRUSTEE KING: Is there anybody else who would care to comment on this?
RICHARD MATHEW: I'm with an attorney office on Main St. in Bridgehampton. I
represent the property owners immediately across the street, across Bay Rd. Francis
Jesselsohn and Francis Dubois. I'm not in opposition, despite what Mr. Price said. My
clients do however have some concerns with regards to the proposed construction and
you mentioned one of the most significant ones. Flooding. There is obviously going to
be an issue with regards to water building up either in the street or coming on to my
client's property in some way and I think that needs to be addressed, and I'm glad to see
that you are taking that bull by the horns and are going to counsel the property the
property owner to work with the appropriate people to resolve that. The lot is very
heavily constrained. I've got a number of photographs that show the line is very, very
close to where the dwelling is proposed. I've got a copy of the letter for each of you, I'd
like to submit it to the file. My letter also references a number of photographs and I'm
going to as I go through my letter, put these into the record. I visited the property and I
think that as to not being as familiar with it with all of you or the applicant or Mr.
Costello, however, I was surprised by the proposed size of the residence relative to the all
of the other residences in the neighborhood. It seems ghastly out of character with the
neighbors. I did have an opportunity to speak very briefly with Mr. Price about this very
valuable piece of property at the house he built with his architect on, you know, I can
only tell you what is in the neighborhood and I have a number of photographs to show
you the size of the other residences in the neighborhood and if you don't mind I'll just go
through the letter and then hand out all the photographs at one time. It's a very, as you
pointed out, a very constrained lot, I mean there appears to be a water channel road run-
off that goes through, however, we've got a number of photographs that indicate standing
water on the property after an average nor-easter as well as a rack line of seaweed very,
very close to where the property is proposed to be developed. It does appear that this is a
very big house on a constrained lot. We're concerned about the impact that it is going to
have. With the road run-off, with the drain, the normal wetlands issues, that I guess
you're very familiar with. The habitat, the piping plover. As far as I was advised by my
clients, the DEC staked it as a habitat for the piping plover last year.
TRUSTEE SMITH: That's on the other side. Not in the building envelope.
RICHARD MATHEW: I'm not saying that Mr. Price shouldn't have the opportunity to
build on his property. I believe in property rights just as much as anybody in this room
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does. What I'm suggesting is that it's a very large house on a constrained lot and not a
whole lot of thought appears to have been given to mitigating the potential environment
aggregation that would result from this. I've got some photographs here, I ask that you
take a look at them. I did have a question. Is there a DEC Permit on this yet?
TRUSTEE KING: I don't think so.
TRUSTEE SMITH: I think the house right next door to the left, I think we looked at that
last year, and they're going to put an addition going up and out on that piece also and the
house on the right is quite a house of substantial size, so I really don't see..., because
most of these old houses that are there started out as summer bungalows and all of a
sudden their property got very valuable and people are putting additions on.
RICHARD MATHEW: It's waterfront, and that makes it more valuable, but we don't
want the impact of the use of that particular piece of property to negatively impact other
pieces of property going across the street from it.
TRUSTEE SMITH: Well I think the only negative impact would be the road run-off and
that's going to be addressed. So, it shouldn't be a problem.
RICHARD MATHEWS: Well I thank you for your consideration.
TRUSTEE SMITH: Does anyone else have anything to say.
TRUSTEE POLIWODA: Yeah, A1 and I visited the site last week and we saw no
problem with the house but we did want to stipulate that there be no lawn from the front
of the house towards the water. A1 and I just wanted to stipulate that. The seaweed rack
line will not be affected.
TRUSTEE SMITH: I'll make a motion to close the hearing.
TRUSTEE POLIWODA: Seconded. ALL AYES
TRUSTEE KING: Do you want to stipulate that the road run-off be taken care of?.
TRUSTEE SMITH: May be a plan or something.
TRUSTEE KING: We've been doing this for years. Just pipe, mainline it into the creek,
mainline it wherever you can get rid of it just because it's easy. I would recommend
approval of this with the stipulation that you take care of this road run-off first or at least
have a plan on how we're going to take care of this because the property is going to have
to be filled.
WILLIAM PRICE: First of all, I don't believe that it's my responsibility to come up
with a plan to solve the Town's problem.
TRUSTEE KING: No, it's the Town's job.
WILLIAM PRICE: I plan to bring the issue to Ray's attention but I do think it would've
been a cruelty to bring it to his attention prior to getting the design work done for the
house. It didn't make sense to me before I knew where the septic system was going to be
proposed to go to him and say fix this and then he goes and fixes it and that's where my
cesspool is going to be. But I'll talk to him tomorrow.
TRUSTEE KING: As long as we stipulate that it's taken care of.
TRUSTEE SMITH: I'll make a motion to approve the application of WILLIAM H.
PRICE and that we see something from the highway dept. as to how they are going to
address this problem with this run-off. Basically that road run-off right now is going into
private property so they have to, I feel that they have to do something.
WILLIAM PRICE: If you want to make the condition of the Permit that I notify the
highway dept. regarding this potential issue and that I work with the highway dept.
coming to a solution, I don't have a problem with that.
14
TRUSTEE SMITH: Yeah, because it's something that's, you know, that's something
that's there, but it's not your fault.
TRUSTEE KING: It's nothing that can't be fixed either.
WILLIAM PRICE: As far as the stipulation is concerned, I'm stipulating on the record
that there will be no lawn on the bayside of the property. That I can stipulate because
that is something that I can control. As far as the water run-off is concerned, all I can
stipulate to you, because this is the only thing that I can do, is to go to the highway dept.
and stipulate that I will work with them in coming up with a solution provided that I can
still build my house.
TRUSTEE SMITH: I agree.
TRUSTEE KING: I agree too.
TRUSTEE SMITH: Alright, we'll stipulate that Mr. Price contact the highway dept. and
work with the highway dept. to alleviate the water run-off that is now going into his
property with out prior permission. Is that fine with you, Bill.
WILLIAM PRICE: That's fine.
LAUREN STANDISH: You want a letter from him to the highway dept. before he gets
his permit.
TRUSTEE SMITH: Well we can't hold his permit up. He has to contact the highway
dept. and work-out something later. That's part of his permit.
TRUSTEE KING: We'll send them a letter too, from the Trustees. We can request that
they take care of this, because I know just what's going to happen. We've been through
this and it's an absolute nightmare. Absolute. The neighbors start fighting and the only
recourse they have is to sue each other. And I think that is the wrong approach. That's
what happens.
TRUSTEE SMITH: Can you read that back to us, Lauren?
LAUREN STANDISH: Approve with the stipulation that Mr. Price contact the highway
dept. regarding the road run-off drain with some kind of solution to it and/or advise him
of it, and have it taken care of and that he will be working with them.
TRUSTEE KING: Seconded. ALL AYES We can also send a letter to the highway
dept. that this is going to be a problem and we want it corrected.
SCOTT HILARY: Mr. Price, what I was recommending before was simply that it's a
nice native planting that is there currently. That's going to be in your building envelope.
It would be to your benefit just to transplant that in the general vicinity if you wish to do
so. It's just a suggestion.
WILLIAM PRICE: IfI can I will.
SCOTT HILARY: No, you have the prerogative to do as you will.
TRUSTEE KING moved to go back to the regular meeting, TRUSTEE POLIWODA seconded.
ALL AYES
RESOLUTIONS:
En-Consultants, Inc. on behalf of SUSAN SOUDER requests a Grandfather Permit to
remove and replace (IP) existing +/- 34' timber groin with low profile groin to be
15
constructed with C-Loc Vinyl Sheathing. Located: 3270 Peconic Bay Blvd., Laurel.
SCTM#128-6-8
TRUSTEE KING moved to approve with the conditions that the groin be low-profile, the
landward end of the groin be no less than 6'6" below top of bulkhead, and the overall
length of the groin is to be 30' and the remnants seaward be removed. TRUSTEE
SMITH seconded. ALL AYES
VI. MOORINGS:
FRANKLIN SCHOLL requests a mooring in Deep Hole Creek for a 21' inboard with a
100 lb. Mushroom. ACCESS: Private
TRUSTEE SMITH moved to approve with the recommendation that the boat have a stern
anchor and a 150 lb. Mushroom. TRUSTEE POLIWODA seconded. ALL AYES
TRUSTEE SMITH moved to adjourn the meeting, TRUSTEE POLIWODA seconded. ALL
AYES
Meeting adjourned at 8:45 PM
Respectfully submitted by:
Lauren M. Standish, Clerk