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HomeMy WebLinkAboutTR-12/20/2000MINUTES December 20, 2000 7:00 PM PRESENT WERE: Albert J. Krupski, Jr., President James King, Vice-President Artie Foster, Trustee Henry Smith, Trustee Kenneth Poliwoda, Trustee Lauren Standish, Clerk CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT FIELD INSPECTION: Friday, January 19, 2001 at 8:00 AM. TRUSTEE KING moved to Approve, TRUSTEE POLIWODA seconded. ALL AYES NEXT TRUSTEE MEETING: Wednesday, January 24, 2001 at 7:00 PM WORKSESSTON: 6:00 PM ORGANIZATIONAL MEETING: Tuesday, January 2, 2001 at 7:00 PM. TRUSTEE KING moved to Approve, TRUSTEE POLIWODA seconded. ALL AYES APPROVE MINUTES: Approve Minutes of September 20, 2000 and October 25, 2000. TRUSTEE SMITH moved to Approve, TRUSTEE KING seconded. ALL AYES MONTHLY REPORT: The Trustees monthly report for November 2000. A check for $6,544.81 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. AMENDMENTS/WAIVERS/CHANGES: 2 Albert T. Fickeissen on behalf of MARSHALL & ANN HURWITZ requests a Waiver to remove the existing structure on the deck and rebuild as per plans. New concrete piers to be installed and drywells if required. Located: 60 Rambler Rd., Southold. SCTM#88- 5-36 TRUSTEE POLIWODA moved to Approve the application, TRUSTEE SMITH seconded. ALL AYES Proper-T Permit Services on behalf of MICHAEL O'DONNELL requests an Amendment to Permit #5122 to reconstruct existing 4'X 16' fixed walkway and extend it landward 10' and seaward 10' giving overall 4'X 36' size; add hinged ramp 4'X 16' and supported float 5'X 16' secured by four piles at corners with stops or cross members to keep bottom of float at least 2.5' above bottom of creek. Located: 6010 Skunk Lane, Cutchogue. SCTM#138-2-29 TRUSTEE POLIWODA moved to Deny the application because the dock would extend beyond the neighboring docks, TRUSTEE SMITH seconded. ALL AYES ANTHONY SHANNON requests a Waiver to erect a 4' black chain-link fence and for the clearing that has taken place. Located: 3325 Wickham Ave., Mattituck. SCTM#114- 4-1.1 TRUSTEE KRUPSKI moved to Deny the application for a Waiver. The applicant must apply for a Wetland Permit. TRUSTEE KING seconded. ALL AYES Raymond J. Akscin on behalf of MARIA, JANET & ALYSSA KARAHALIS requests a Transfer of Permit #5078 from Helen Papagianakis to Maria, Janet & Alyssa Karahalis to construct a 4'X 78' stairway including a 4'X 11' landing and three (3) 4'X 4' landings. Located: 1050 Sound Dr., Greenport. SCTM#33-4-2 TRUSTEE SMITH moved to Approve the application, TRUSTEE KING seconded. ALL AYES Ongioni & Borelli on behalf of AQUAVIEW HOMEOWNERS ASSOC. c/o WILLIAM GEROSA requests a Waiver to install a temporary "barrier" type fence with sign on west and east property lines. Install iron stanchions with a light chain linking each stanchion from Memorial Day to Labor Day. Suspended from each chain will be a sign that states "private property". Located: 425 Aquaview Rd., East Marion. SCTM#21-2-6 POSTPONED UNTIL JANUARY AS PER THE AGENT'S REQUEST 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. 3 PLEASE KEEP YOUR COMMENTS ORGANIZED AND BRIEF. FIVE (5) M1NUTES OR LESS, IF POSSIBLE Donald M. Moyle on behalf of LOUISE MOYLE requests a Wetland Permit to expand the existing one-car garage to a two-car garage and add a family room/studio with bath and deck above garages. Located: 1920 Minnehaha Blvd., Southold. SCTM#87-3-63.1 TRUSTEE KRUPSKI: Would anyone like to comment in favor of the application? Would anyone like to comment against the application? The CAC has no recommendation. I've got a letter here from Martin, Van deWalle, Donohue, McGahan, Catalano and Fairgrieve. I don't think they're writing in support of this application. I'll read it. (Letter in file.) TRUSTEE SMITH: Covenants and Restrictions on property shouldn't concern us. TRUSTEE KING: It's already a two-story house. TRUSTEE KRUPSKI: You and Kenny both looked at it? TRUSTEE POLIWODA: Yes, I looked at it. TRUSTEE SMITH: Environmentally, I have no problem with it at all. TRUSTEE FOSTER: Where does it lie in reference to the wetlands? TRUSTEE POLIWODA: It's behind the bulkhead and the native species don't exist. It's turf, lawn. TRUSTEE FOSTER: This is across the street? Oh, I see, this will restrict the view of the house across the street. TRUSTEE KRUPSKI: But they can get 10 permits from us. If they can't get it because of a C&R they can't build it anyway. TRUSTEE POLIWODA: Those issues should be brought up before the Building Dept. TRUSTEE KRUPSKI: Right. TRUSTEE SMITH: We can make them put drywells in. TRUSTEE FOSTER: Covenants & Restrictions lie in the hands of the Building Dept. and the Planning Board. TRUSTEE SMITH: What did the CAC say? TRUSTEE KRUPSKI: They didn't inspect. Is there any other comment on this application? TRUSTEE SMITH: I'll make a motion to close the hearing. TRUSTEE POLIWODA: So moved. TRUSTEE SMITH: I'll make a motion to Approve the application with the condition that the water from the drains have to be contained in drywells. TRUSTEE POLIWODA: Seconded. ALL AYES Architechnologies on behalf of ROBERT HAASE requests a Wetland Permit to build an accessory building which will be used for additional storage and restroom facilities for the marina. Located: 40200 Main Rd., Orient. SCTM#15-9-8 TRUSTEE KRUPSKI: Is there anyone who would like to speak in favor of the application? FRANK NOTARO: My name is Frank Notaro and I'm representing Mr. Haase. I believe we have submitted drawings. I have little sketches if you want them. TRUSTEE KRUPSKI: Anything that you want to submit is fine. 4 FRANK NOTARO: Basically Bob is looking to build an accessory building. It would also be a storage facility. (can't hear) TRUSTEE SMITH: I looked at it Al. It's going to be done in the parking lot and I think it' s a good upgrade for the marina myself. I don't have any problem with it. TRUSTEE KRUPSKI: Does anyone else have any comment? TRUSTEE TRUSTEE TRUSTEE TRUSTEE TRUSTEE SMITH: I'll make a motion to close the public hearing. POLIWODA: So moved. KING: Seconded. ALL AYES SMITH: I make a motion we Approve the application. POLIWODA: Seconded. ALL AYES En-Consultants, Inc. on behalf of MADELINE PISCIOTTA requests a Wetland Permit to construct a two-story, one-family dwelling to be raised on pilings, deck; pervious driveway; two (2) drywells; drinking water well; and sanitary system to be placed on approx. 380 cy. of clean sand fill and contained within concrete retaining walls. Located: 8554 Main Bayview Rd., Southold. SCTM#87-5-23.7 & 23.8 JAMES BITSES: I'd like to see Ms. Pisciotta build a nice house there. I just have two objections. If you look at the survey, it's a defective survey in that it has what is called floating points. Ordinary surveys goes from point, lines, point, lines, back to the point of beginning, an enclosed polygon. This one runs off the triangle and do not end at points. Luckily, the surveyor, put in my fence posts, which I put in 40 years ago, to mark the natural boundaries. The fence posts were penciled in and they are inside the alleged boundary as laid out by the surveyor. I have no objections to the fact that the surveyor and defective surveys. What I do object to is putting a defective into the official record where it will take dynamite and a lawsuit to get it out. What I request is that a proper survey be filed and that my fence posts, which have been there for 40 years and which formerly had snow fence enclosing the entire property, be noted. It's as simple as that. It's an obvious defect. It's an illegal application because the survey itself is legally defective. My second point is that there will be a cesspool placed on this property and it behooves the Trustees to see that the cesspool is as far from high water as the parcel will allow. The present location of this cesspool being about 100' from a well pump that I had on my property, that doesn't bother me too much, the fact is that in a few years, that cesspool will be leaking into Corey Creek. If the cesspool could be put in the center of the parcel, using the water line as the bounds, we would have a longer latency period before it began (can't understand). Two points, and two points only. The most important thing is the defective survey. TRUSTEE KRUPSKI: Thank you. JAMES BITSES: I'm pleased that my neighbor is going to build a house there, with these two reservations. Thank you gentlemen. TRUSTEE KRUPSKI: Thank you. Is there any other comment? TRUSTEE SMITH: The cesspools are out of our jurisdiction. JAMES BITSES: Do you see what I'm talking about there? The lines just go out to angles. There are no points. In fact, those angles are way over on my property. TRUSTEE KRUPSKI: We actually have a ... this is something that came up two years ago. June 25, 1998, this Board granted a Trustee Permit for, I believe, exactly the same thing. (changed tape). This question of the property lines came up at that time and I believe you submitted a map back then with portions of the property shaded in, that was the disputed area. Is that correct? JAMES BITSES: Originally, there were two little islands there with trees. The trees are still there. Around those islands, there was a salt marsh which will filled by the County in 1962, at which time ! put in the fence posts. In other words, the island is now lower than my property which was filled by the County. Those trees growing on it are around 75 to 100 years old, even though they look maybe 20 or 25. It took a long time to grow those trees. TRUSTEE KRUPSKI: You submitted this two years ago. Is this what you're talking about? JAMES BITSES: Yes, this line is not accurate. Wherever the trees are is hers. 8' from the trees are mine. This is the way the line went in. That is not an accurate line. TRUSTEE KRUPSKI: I'll read a letter that was submitted to the office today, that ! have not read. It's from Joseph Ingegno who prepared the survey. JAMES BITSES: Yeah, that's the guy that did it. TRUSTEE KRUPSKI: En-Consultants faxed me a letter from Jim Bitses and has asked me respond to your office. This letter is the same as the one we responded to in June 1998 and our answer is still the same. (Letter in file.) JAMES BITSES: You may think that they are incorrect but they have been there for 40 years. Under the law of adverse possession, he is wrong. He just doesn't know his law. Let me look at that map for just a second. Let me show you where he departs. There are no points. Here, as you pointed out, this is a floating point. He has another floating point here. He doesn't have points there. He just angled lines out and drew them on the map. That's not a survey. That's an improper survey. I'm a surveyor. The point is, my fence post clearly delineates the shape of his forest. His forest is his property. 8' from the forest is my property, and that's where the line goes. In fact, when they filled that area in, if you want go take a look and you'll see that the tree area, the 50-75 year old trees, is about 2' lower than the area next to it, which is mine, which was filled by the County in 1962. You can see the clear demarcation. I'm having a surveyor here in Southold go out there and run down my points because ! have points in there that this guy ignored. ! don't want to see a defective go into the public record. In about two to three weeks ! will have my own survey at which time we can straighten this whole thing out. Now, the second point across was the cesspools. The cesspools, if we could put them in the center of the tide water rather than over by my well, if would help. In other words it would take longer for the effluent to get out to tide water if it's put in the center of the property. That's one of the problems we have in the bay. It's being polluted by all of the waterfront houses. It takes years, but eventually it happens. Good enough. I've taken up enough of your time. Thank you gentlemen. ! appreciate you letting me approach the bench because I'm hard of hearing. TRUSTEE KRUPSKI: Not a problem. The cesspool, ! don't see how you could get it any further away. TRUSTEE FOSTER: You can't. I just scaled it all out. It's 100' from the water to the north. It's further there than it is... it's closer there than it is any other place. TRUSTEE KRUPSKI: If you moved towards the center you would be moving it toward the creek. 6 TRUSTEE FOSTER: You have 143' this way, diagonally to the other corner isn't even an issue and then you've got 100' to the top of the bank. You really couldn't do anything with it really. TRUSTEE KRUPSKI: The thing he brought up two years ago about the survey.., it's those two little corners that's he's protesting. Even in the event that he's right about those two corners, that's going to have absolutely no effect on this project or on our review. If you drew the lines where he's saying they should be, straight across here, and straight across here, it's going to have no effect on our review. I'm not saying that he's wrong but all I'm saying is that it has no bearing on ours. Either way, it's not going to effect any decision we're going to make. TRUSTEE FOSTER: There must be a meets and bounds description of the property, isn't there? TRUSTEE KRUPSKI: I don't think it's a significant enough boundary dispute to hold us up. If Mr. Bitses is right, this is not going to effect the application. TRUSTEE SMITH: I'll make a motion to close the hearing. TRUSTEE POLIWODA: So moved. ALL AYES. TRUSTEE SMITH: I'll make a motion to Approve the application. TRUSTEE POLIWODA: Seconded. ALL AYES Jeffrey Butler, P.E. on behalf of JOSEPH BENDOWSKI requests a Wetland Permit to construct a first-story addition on the east side of the house and deck addition. Located: 3060 Park Ave., Mattituck. SCTM#123-8-19 TRUSTEE FOSTER: Is anybody here on behalf of this? JEFFREY BUTLER: I'm here for the Bendowski' s. TRUSTEE FOSTER: Okay. That was my inspection to do. I was sick all week and I didn't get there. Today is really the first day that I have been out and about to any degree so I'm going to recommend approving this subject to my inspection tomorrow morning. JEFFREY BUTLER: It's still staked out. TRUSTEE FOSTER: By looking at the plan, I don't see any problem with it. JEFFREY BUTLER: There's a 75' setback line that I show on the plan from the bulkhead. TRUSTEE FOSTER: That's the way it's indicated. I have that in the file. Based on what you've shown on the survey I don't think it's going to be a problem for us at all. I apologize for not getting there. I'll do that first thing tomorrow morning. TRUSTEE SMITH: I've got not problem with it. Everything is behind this existing. TRUSTEE KRUPSKI: Is there anyone else here who would like to comment in favor of or against the application? TRUSTEE POLIWODA: They should definitely put drywells in. TRUSTEE SMITH: I'll make a motion to close the hearing. TRUSTEE FOSTER: Seconded. ALL AYES TRUSTEE FOSTER: I'll make a motion to Approve the application based on my inspection tomorrow morning and that drywells be installed to contain the additional roof run-off and that we have a row of hay bales across the bulkhead side of the construction to prevent any wash-out. Other, than that, I don't see a problem with it. TRUSTEE SMITH: Seconded. ALL AYES 7 Gary F. Olsen, Esq. on behalf of NORMAN WAMBACK requests a Wetland Permit to construct a single-family dwelling, sanitary system, and driveway. Located: 12710 Horton's Lane, Southold. SCTM#54-7-1.3 TRUSTEE POLIWODA: Is there anyone here to comment on this application? MRS. HAWKINS: ! border the property line and ! am concerned about the placement of the septic system so close to my property line. It looks like it's about 15'. I'm concerned about the construction of it and also (can't hear) in the 1960's and the proximity of the house so close to the driveway. ! certainly welcome my neighbors but in lieu of the wetlands in front of them, ! believe that's going to decrease my property value. TRUSTEE KRUPSKI: Would anyone else like to comment? WHITNEY BOOTH: I'm across the street on Soundview Ave. No problem with the layout as shown. ! presume this is hard and fast, that is shown on the map that we were sent. That's it, right, with the distances and all of that? TRUSTEE KRUPSKI: Just a little bit of history on this, we've been out to this site at least a half a dozen times. What was submitted shows a DEC wetland line on there. Originally when this application got started, or this applicant got started on this project, our Board's jurisdiction was 75'. They placed their house and septic system outside of our jurisdiction on the plan so that they wouldn't have to go and get a permit from our Board. That's why the house is placed there. Since then, and we sent them a letter of non-jurisdiction and they could've build their house without our permit, since then, the Town Board decided to increase our jurisdiction to 100' which now places this, and the Town Attorney has advised us that now this places this whole project within our jurisdiction of 100'. So, this is what is being proposed here, as it is. Is there anyone here to represent Mr. Wamback at all? A normal setback from wetlands would be 50'. But, this is certainly approvable by this Board. The cesspools would be out of our jurisdiction and they would be under the review of the Suffolk County Health Dept. Now, if you're saying that your well is right near there, is that what you're saying, that your well is near their proposed cesspool? As far as this goes, this is what's being proposed for a maximum setback from the wetlands. There is no one here to represent the applicant here. WHITNEY BOOTH: Again, I'm not arguing against this thing but ! am curious where it says to the north of the house there will be no disturba, ce except the proposed well in there. ! see Mr. Kreiger at work and I've never seen him do anything without disturbing things pretty dramatically. How does that happen? TRUSTEE KRUPSKI: Well ! think if you put a well in a no disturbance area you could re-vegetate it afterwards and it would be... once it was disturbed then it could be redone and it wouldn't be an area that was being used. WHITNEY BOOTH: Okay, thank you very much. TRUSTEE KRUPSKI: Is your well near that septic system? MRS. HAWKINS: No, it's to the left. TRUSTEE FOSTER: It's not shown on the survey, the well? TRUSTEE KRUPSKI: The Suffolk Co. Health Dept. regulates the placement of septic systems and wells. This is located outside of our jurisdiction. We only have 100' from the wetland line. Now if they have a problem with it, the applicant Mr. Wamback, is going to have to come back to us or the DEC and whoever else is involved and change that septic system location. MRS. HAWKINS: How would they go to the septic system where the proposed tank is for service when the driveway is there? TRUSTEE FOSTER: They could just probably just back right in on your yard. MRS. HAWKINS: When I'm not home right. TRUSTEE FOSTER: I don't know. Our truck has 300' of hose, so it's not unusual to have to drag that much out to get to certain locations. Sometimes the neighbors are accommodating but not always. I don't think that would be an issue as far as disturbance to your property. MRS. HAWKINS: Is the front of their house facing toward mine or am I going to have their backyard against my driveway? TRUSTEE FOSTER: I'm not sure. Do we have a set of plans there? TRUSTEE KRUPSKI: No we don't. TRUSTEE SMITH: We just look at the envelope. TRUSTEE KRUPSKI: They have a footprint of a house if you would like to come up and take a look at it. Our Board doesn't require a set of architectural drawings. We're concerned more with the location of the house itself. TRUSTEE FOSTER: See assumably by the shape of this house, if this were the front it would be very awkward I think. This would be assumably their backyard. MRS. HAWKINS: Our house is very close to where they are so we are right on top of each other. However, if they don't mind having close neighbors. TRUSTEE FOSTER: Well we really don't get involved in zoning issues. This is something that you might want to take up with the Building Dept. We deal with the distance from the wetlands. We pretty much deal with the building envelope not necessarily the house and the shape and size of it. MR. HAWKINS: There was standing water there several months ago where the cesspools are. MRS. HAWKINS: So our issues should be taken up to the Building Dept.? TRUSTEE FOSTER: Well if those are your concerns with close proximity to your line and your driveway and so forth. It's not really something we can regulate. As long as everything these people want to do is outside of our jurisdiction or within our allowable jurisdiction, we can't really dictate what kind of house they have, which way it's facing, and so forth. But, the Building Dept. can help you with that I'm sure. The Health Dept. will definitely take control of the septic system. That will be fully regulated by them, inspected, and all the conditions will be met, I can guarantee you. MR. & MRS. HAWKINS: Okay, thank you. TRUSTEE POLIWODA: If there aren't any more comments I'd like to make a motion to close the hearing. TRUSTEE SMITH: Seconded. ALL AYES TRUSTEE POLIWODA: I'll make a motion to Approve the application with a 75' non disturbance buffer as per plans submitted. There will be disturbance only for the proposed well, as shown. TRUSTEE SMITH: Seconded. ALL AYES Catherine Mesiano, Inc. on behalf of BETTY SULLIVAN requests a Wetland Permit to construct a second-story addition, garage addition, first-story addition to front of house, 9 remove existing decks and replace with decks 75' from the wetlands. Existing decks are 63.4' from wetlands. Located: 380 Inlet Lane, Greenport. SCTM#43-5-2 TRUSTEE SMITH: Does anyone here have any comments to make against this application? Would anyone here like to speak in favor of this application? CATHERINE MESIANO: I'm here on behalf of the applicant. Mrs. Sullivan came to you some time ago and has been working on this permit since last winter and received a letter of non-jurisdiction from the Board in March. I received a DEC permit for this project this week and we're back before the Board because your jurisdiction has been modified and this is the plan that I presented last month before the Board with the DEC permit so now I'm asking this Board for your Approval. TRUSTEE SMITH: Thank you. Does the Board have any comments? TRUSTEE TRUSTEE Hearing. TRUSTEE TRUSTEE TRUSTEE KRUPSKI: The CAC recommended Approval. SMITH: Being there's comments, I make a motion we close the Public FOSTER: Seconded. ALL AYES SMITH: I'll make a motion we Approve the Wetland Permit. POLIWODA: Seconded. ALL AYES Catherine Mesiano, Inc. on behalf of DOUGLAS BRADFORD requests a Wetland permit to expand the existing deck, presently 50' from the bulkhead, by 4', to approx. 46' from the bulkhead, 6'X 12' first story addition at southeast corner of house and 7'X 22' addition to northwest corner of house. Add second story with balcony over deck. 12" concrete footing will be poured ~ 8.25' intervals on the north and east sides of the house to support the new construction. Located: 3705 Bayshore Rd., Greenport. SCTM#53-4- 21 TRUSTEE KING: Is there anyone to speak on behalf of this application? CATHERINE MESIANO: I'm here to speak on behalf of the applicant. Mr. Bradford is proposing the alterations to the existing residence. He received a letter of non- jurisdiction from the DEC. TRUSTEE KRUPSKI: Our field notes indicate that we would like a 10' non-turf buffer in front of the bulkhead put in during construction. CATHERINE MESIANO: He's already planted Rosa Rugosa along the bulkhead. You would like it extended back? TRUSTEE KRUPSKI: 10' yes. And, we need drywells and gutters to handle the roof rrun-off CATHERINE MESIANO: Yes, that's part of the construction plan. TRUSTEE KRUPSKI: Is there any other comment? TRUSTEE KING: I'll make a motion to close the hearing. TRUSTEE SMITH: Seconded. ALL AYES TRUSTEE KING: I'll make a motion to Approve the application. TRUSTEE SMITH: Seconded. ALL AYES Proper-T Permit Services on behalf of CHRISTOPHER SHOWALTER requests a Wetland Permit to construct a fixed open walkway 4'X 66', hinged ramp 4'X 16' and floating dock 6'X 20'; install two piles to secure floating dock. Located: 1015 Orchard Lane, Southold. SCTM#90-4-15 10 TRUSTEE KRUPSKI: Is there anyone who would like to speak in favor of the application? JIM FITZGERALD: We talked about this last month and the Board sent Ken and ! back to review the overall length, which we did. ! got an overall length of 65', which is shown on the drawings, which ! just handed to Lauren. The configuration has changed to a "T". TRUSTEE POLIWODA: When ! met you out on field inspection, ! walked out into the water with my waders and ! measured 53' correct? What you have drawn on your diagram is 53' of catwalk, 16' ramp, and then a 6' float, which adds up to approx. 72'. JIM FITZGERALD: The measurement that we took, Ken, was from the front of the wall. You'll notice the way it's drawn that it's 7' inside. TRUSTEE POLIWODA: Okay. ! have no problem with this. TRUSTEE TRUSTEE TRUSTEE TRUSTEE plans. TRUSTEE KRUPSKI: I'll make a motion to close the hearing. SMITH: So moved. KING: Seconded. ALL AYES KRUPSKI: I'll make a motion to Approve the application with the new SMITH: Seconded. ALL AYES Proper-T Permit Services on behalf of C&D REALTY requests a Wetland Permit to construct a single-family dwelling with private well and on-site sewage disposal system. Located: 5640 Cox Neck Rd., Mattituck. SCTM#113-4-1 TRUSTEE FOSTER: Is there anyone here who would like to speak for or against the application? JIM FITZGERALD: We went over this a number of times and at the last Trustee field inspection you asked that we show contours on the map and we have that now before you. The side property line is 115'. TRUSTEE KRUPSKI: ! think we'll have to look at it. With the survey, we'll have to look at it January 17th. JIM FITZGERALD: Look at what. TRUSTEE KRUPSKI: Look at the site. JIM FITZGERALD: ! hear what you're saying but ! don't get it. TRUSTEE KRUPSKI: Well we just received this today, tonight. TRUSTEE FOSTER: This is different from what we saw before. Or is it the same? Everything is in the same place? JIM FITZGERALD: We added the contours. TRUSTEE POLIWODA: My question is about the footprint of the building. There's not much non-disturbance from the wetlands. Non-disturbance zone for a buffer. TRUSTEE FOSTER: What did we have off of that one corner? It was only like 17' wasn't it? JIM FITZGERALD: We had a discussion about whether the phragmites were more to the edge of the wetlands and ! think there's a significant stand ofphragmites there. The edge of the wetlands is the top of the bank. TRUSTEE FOSTER: It was wet when you stepped in there. TRUSTEE POLIWODA: ! remember it dropped right off and stepped right down. TRUSTEE KRUPSKI: Yes, it shows it on the survey here. It shows where the drop-off is. 11 TRUSTEE POLIWODA: Right. He's explaining that it's 50' from the footprint of the house to the edge of the wetlands. I recall that when we were at the site, we measured it, three of us measured it, and it was 15' to the edge of the wetlands. He's saying it's 50'. JIM FITZGERALD: Ken, what were you saying is the edge of the wetlands? TRUSTEE POLIWODA: Where we walked it, which was probably a couple feet into the phragmites and then it dropped, dramatically, and it actually became wet. JIM FITZGERALD: The line of the top of the bank is here. It's at elevation 4'. The top of the bank is 4'. TRUSTEE KRUPSKI: I'm really just getting this. I'm not prepared to vote on this tonight. I want to take another look at it in the field. TRUSTEE POLIWODA: I'm sure there's a wetland at 4'. I'm sure wetlands do grow at 4'. Especially in Mattituck Creek where there's a rise and fall of tide approx. 6'. That's why I'm having a problem sayings it's 50' from the footprint to the wetlands rather than what we measured at 15'. JIM FITZGERALD: Okay, well we'll meet again and you can show me where the edge of the wetland is and how you determine what constitutes the edge of the Trustee wetlands. TRUSTEE KRUPSKI: You start out here, on your contour, if you start out on the east side, with your first wetland marker, you start out at the 6' contour, if you follow that 6' contour, and you chose to follow the 5' and then the 4' to get to that wetland line, if you had followed the 6' contour, the wetland generally follows the contour. So, that's what we want to see in the field, where that wetland line is. JIM FITZGERALD: I put the flags (can't hear). TRUSTEE KRUPSKI: Well to call it a bulkhead is to be very generous. JIM FITZGERALD: But there's significant space between the bulkhead and the top of the bank. TRUSTEE KRUPSKI: I'll make a motion to Table the application. TRUSTEE KING: Seconded. ALL AYES 10. Abigail Wickham on behalf of MATTITUCK PARK DISTRICT requests a Wetland Permit to stabilize and contain embankment with retaining wall. Construction of retaining wall, 48 linear ft. at 3'2" and 84 linear ft. at 4'2", to stabilize and contain embankment and permit access to lake and drainage pipe. Located: N/s Wickham Ave., Mattituck. SCTM#107-4-11 TRUSTEE POLIWODA: Would anyone like to speak in favor of the application? CHRIS TALBOT: I'm the Commissioner of the Mattituck Park District. This was before you already and there was some opposition to this project. I noticed that the opposition isn't here tonight but we do appreciate their concerns with this project. It did get a little out of hand with the length of the wall but (can't hear) we wouldn't do anything detrimental to the pond. Secondly, environmentally thriving right now are the amount of ducks and the blue heron that are in there, there's a lot of fish and other wildlife. As far as the wall goes we have a proposal to remove 30' and cut down those top posts. (Speaking too low.) GERRY GOEHRINGER: We would really like to get this project completed. If you have any specific questions we'll ask you to Table this until afterward and if you have 12 any questions of us at this time, we have absolutely no problem with doing anything that you've requested. TRUSTEE SMITH: Well we have a recommendation that we made if you're agreeable to that then I don't think we have any problem. GERRY GOEHRINGER: That was the four things that you mentioned? TRUSTEE FOSTER: They might have been amended Gerry because we were out there again. TRUSTEE POLIWODA: I would like to see if anyone has any disagreements or would like to speak against it. No? Ok. On our December 13th field inspection, the Board recommended the following: Remove 48 iA' off the western end, have the structure no more than 2 iA' high, the whole structure no more than 30" high, which is the same, and 36' of benches. TRUSTEE KRUPSKI: Can you take the boards that you take off and put a bench in. GERRY GOEHRINGER: All the way along the bottom? Exactly how high? TRUSTEE KRUPSKI: Whatever is appropriate. GERRY GOEHRINGER: Whatever we have the timber for? TRUSTEE FOSTER: Yeah, so the kids can sit and put their skates on. Or sit and watch the ducks. TRUSTEE KRUPSKI: We look at it as kind of a recreational area. Some people value the wildlife but it's also a recreational area. When I was a kid there were those rail road ties there and you could sit and put your skates on and now they're all gone. So, having a bench there would be nice. TRUSTEE FOSTER: I think putting a light on that telephone pole was part of it, wasn't it? NEIGHBOR: Yes, there was supposed to be a light on the telephone pole there but the electrician messed it up. GERRY GOEHRINGER: Will those particular stipulations be stated within the Permit? TRUSTEE KRUPSKI: If everyone is happy with that, yes. GERRY GOEHRINGER: Just a quick question. Are you going to Approve that tonight? TRUSTEE FOSTER: Yes. GERRY GOEHRINGER: Can I just address the Board after you Approve it for just one second? TRUSTEE KRUPSKI: Sure. TRUSTEE POLIWODA: Any other comment? Do I have a motion to close the hearing? TRUSTEE SMITH: So moved. TRUSTEE KING: Seconded. ALL AYES TRUSTEE POLIWODA: I'll make a motion to Approve the application with a new set of plans with respect to our field inspection to remove 48 iA' off the western end and the whole structure shall be no more than 30" high and 36' of benches, and a light. TRUSTEE FOSTER: Seconded. ALL AYES 11. First Coastal Corp. on behalf of LONE STAR INDUSTRIES, INC. requests a Wetland Permit for a new marina and restaurant facility. The portion of the site adjacent to Mattituck Creek to be excavated to create a boat slip area; the proposed marina to contain approx. 37 boat slips. The boat slip area is to be accessed through one 75' wide opening into the site from Mattituck Creek. Approx. 36,500 cy. of material to be excavated to 13 accommodate the boat slip area. Approx. 1080 linear ft. of new bulkhead is proposed to enclose the boat slip area. The proposed pier to be 10' wide and 150' long. Approx. 100 wood piles to be installed for pier and as slip tie-off piles. A proposed 10,000 sq. ft. building containing an 80 seat restaurant, marina office and restrooms and is to be located on the southerly portion on the site (landward of the boat slips). Parking areas for the marina, restaurant and office are also located on the southerly portion of the site. A 2' high landscaped earthen berm running along the southern limit of the boat slip area will prevent storm water from entering the waterway. Drywells will be installed in the parking areas to collect storm water. An area of wetlands (approx. 500 sq. ft.) on the northeast corner of the site, seaward of the proposed bulkhead, will undergo wetland restoration. Located: Naugles Drive, Mattituck. SCTM#99-4-13.1 POSTPONED UNTIL JANUARY AS PER THE AGENT'S REQUEST 12. J.M.O. Consulting on behalf of WILLIAM F. TYREE requests a Wetland Permit to construct a 4'X 178' catwalk with a 12' "T" structure, constructed 4' above grade of marsh for the purpose of kayak launching. Located: 2280 Moores Lane, Cutchogue. SCTM#116-1-8.3 POSTPONED UNTIL JANUARY AS PER THE AGENT'S REQUEST TRUSTEE SMITH moved to go back to the Regular Meeting, TRUSTEE POLIWODA seconded. ALL AYES RESOLUTIONS: NANCY & KENNETH STEIN request a Grandfather Permit for a 10'X 25' floating dock and a 5'X 15' ramp and a 100' bulkhead. Located: 2535 Cedar Lane, East Marion. SCTM#37-4-10 TRUSTEE KRUPSKI moved to Approve the application with the condition of drywells as per letter in file from applicant, TRUSTEE KING seconded. ALL AYES VI. MOORINGS: GREG YAKABOSKI requests a mooring in Cedar Beach Creek for a 24' boat. ACCESS: Private TRUSTEE POLIWODA moved to Approve the application with the condition that the tackle is pulled out every November, TRUSTEE SMITH seconded. ALL AYES 14 TRUSTEE KRUPSKI moved to adjourn the meeting, TRUSTEE POLIWODA seconded. ALL AYES Meeting adjourned at: 8:30 PM. Respectfully submitted by, Lauren M. Standish, Clerk Board of Trustees