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HomeMy WebLinkAboutTR-12/11/2013 James F. King, President ho~~~F SO(/jyOlo Town Hall Annex Bob Ghosio, Jr., Vice-President 54375 Main Road Y P.O. Box 1179 Dave Bergen T # Southold, New York 11971-0959 John Bredemeyer Michael J. Domino 7 ~O Telephone (631) 765-1892 OUNTV , Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD RECEIVED t .L7 /7 /?1 BOARD OF TOWN TRUSTEES FEB 22 4 ?014 TOWN OF SOUTHOLD Sguthold Town Clerk Minutes Wednesday, December 11, 2013 5:30 PM Present Were: Jim King, President Robert Ghosio, Vice-President Dave Bergen, Trustee John Bredemeyer, Trustee Mike Domino, Trustee Elizabeth Cantrell, Clerk Typist Lori Hulse, Assistant Town Attorney CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT FIELD INSPECTION: Wednesday, January 15, 2014, at 8:00 AM NEXT TRUSTEE MEETING: Wednesday, January 22, 2014, at 5:30 PM WORKSESSION: January 22, 2014, at 5:00 PM APPROVE MINUTES: October 16, 2013 TRUSTEE KING: Good evening, everyone, welcome to our December meeting, our last one in 2013. There will be some changes. This was an election year, and Mr. Ghosio here has been elected to the Town Board, so he won't be with us next year. We have a new Trustee that's been elected, but he's not here tonight. And Dave Bergen will not be with us. He did not get re-elected, sadly. Dave has been a very, very ambitious member of this Board and does a lot of work. He'll be missed sorely, believe me. I've had the pleasure of working with both of you guys. It's been a Board of Trustees 2 December 11, 2013 pleasure working with you. I'm not much for speeches, but this Board has done a lot in the past four years and I'll be sorry to see you go. We'll just move on and do the best we can. TRUSTEE GHOSIO: Thank you, very much. TRUSTEE BERGEN: And for myself, I just want to tell everybody up here how great it's been to work with this Board. It's been an honor, it really has, for me to serve the people of Southold. I think this Board has accomplished a lot in the last eight years and I'm sorry for the circumstances under which I'm stepping away here. But I do want to acknowledge the assistance of everybody up here and the job that everybody has done, as well as Peggy Dickerson and John Holzapfel and Jill Doherty, who also sat up here over the last eight years while I was here. Like I said, it's been an honor. TRUSTEE GHOSIO: I'm going to miss this. Seven years is a long time, and I'm glad to be moving up to the Town Board to be able to continue in that capacity. This has been a learning experience. I've worked for a lot of professionals in my young life and I do appreciate all the work we've done together. I think we've made a lot of progress as a Board in the last seven years that I've been here. And I remember meetings that were held to 1:00 in the morning. And we've done a whole lot better. It's been a pleasure to work with all of you folks. TRUSTEE KING: Wayne Galante is not here yet. He is our stenographer. He takes the notes. John Stein is here from the CAC. That's the Conservation Advisory Council. We have a number of postponements, we might as well go through them now so nobody is sitting here waiting for something to come up that we are not going to be looking at. On page three, number three, DKR Shores, Inc., on behalf of JEANINE $ PETER WARNS requests an Administrative Amendment to Wetland Permit #8218 for the as-built 12'x15' (varying width) stone patio; as-built 4'x10' shed under existing covered deck; as-built plus/minus 4'x10' on-grade deck in front of shed; and for the plus/minus 40 linear feet of two (2) as-built retaining walls. Located: 8740 Great Peconic Bay Boulevard, Laurel, has been postponed. On page four, number five, Fairweather & Brown on behalf of VASILIOS FRANGOS requests an Amendment to Wetland Permit #7388 and Coastal Erosion Permit #7388C to replace the 809 square foot decking on the seaward side of the dwelling. Located: 55755 County Road 48, Southold, has been postponed. Number six, THOMAS J. APREA requests an Amendment to Wetland Permit #8085 and Coastal Erosion Permit #8085C to place approximately 300 feet of barrier cloth and approximately one foot in diameter rocks in front of and on top of existing bulkhead; for the as-built capstones on top of existing redi-rock seawall; seawall is 54" above wooden bulkhead to top Board of Trustees 3 December 11, 2013 of capstone; for the existing accent lighting along seaward side of bulkhead; install aluminum stairs to beach; and for the as-built plus/minus 2,000 cubic yards of fill landward of seawall. Located: 500 Beach Court, East Marion, has been postponed. On page seven, number eight, Lehnert Construction on behalf of NASSAU POINT PROPERTY OWNERS ASSOCIATION requests a Wetland Permit for the as-built 17'6" vinyl bulkhead connected to adjacent properties; and for the as-built four-foot wide x six-foot long beach access stairs. Located: End of Bayview Road off Nassau Point Road, Cutchogue, has been postponed. Page seven, number nine, Geoffrey Freeman, Architect on behalf of CHARLOTTE RAIBLE & WAYNE WEISS requests a Wetland Permit to construct a two-car garage addition connecting the two existing dwellings; raising portions of the roof to enlarge loft area; construct an 18'x35' addition to dwelling on southerly side; reconstruct and expand existing second-story deck; construct an approximate 2,274 square foot inground pool with paver patio with fire pit area; install four-foot high pool fencing; the installation of drywells and a pool backwash drywell; and a line of staked hay bales with silt fencing to be installed prior to and during construction. Located: 625 East Side Avenue, Mattituck, has been postponed. Page seven, number ten, Suffolk Environmental Consulting, Inc., on behalf of JOAN SHANNON requests a Wetland Permit to reconstruct the existing 69' long timber retaining wall with 12' return using vinyl sheathing; repair existing 12' wide x 67' long lower decking landward of the retaining wall; repair existing 6'x8' beach shower; re-vegetate all uncovered ground seaward of the bluff crest with Cape American beach grass except for an eight-foot wide access way to the bulkhead. Located: 7080 Great Peconic Bay Boulevard, Laurel, has been postponed. Page seven, number eleven, Patricia C. Moore, Esq., on behalf of J. MILTON HUTSON, requests a Wetland Permit to construct a 4'x70' low-profile fixed dock using Thru-Flow decking; a 2.5'x14' seasonal ramp; and a 6'x20' seasonal float with two (2) stops to keep float off bottom. Located: 1395 Sleepy Hollow Lane, Southold, has been postponed. Page seven, number 12, Michael Kimack on behalf of DAVID WEILD requests a Wetland Permit to replace an approximately 2,000 square foot eroded area, approximately 2-3 feet in depth with hand placed clean sand; slope new edge to an approximate 45 degree angle and hand-stack stones and sand fill; plant flat area with spartina patens 6"-9" on center; and sloped area with spartina alterniflora between stones. Located: 10450 New Suffolk Avenue, Cutchogue, has been postponed. Page eight, number 13, JMO Environmental Consulting on behalf of CAROLYN R. AMEEN requests a Wetland Permit to construct an 8x38' second-story deck above an existing first Board of Trustees 4 December 11, 2013 floor deck; construct a 10'x12' first floor addition, 5'x7' steps and a 6'x44' two-story addition onto existing dwelling; construct an 18'x35' pool with pool equipment area on landward side of dwelling; construct a 25'x28' garage; and install gutters to leaders to drywells to contain roof runoff, and in accordance with Chapter 236 of the Town Code. Located: 755 Lupton Point Road, Mattituck, has been postponed. So we will not be addressing any of those tonight. We'll set the next field inspection for January 15th at 8:00. TRUSTEE GHOSIO: So moved. TRUSTEE BERGEN: Second. TRUSTEE KING: All in favor? (ALL AYES). We'll have our next meeting on January 22nd, at 5:30, and the worksession starts at 5:00. TRUSTEE BREDEMEYER: So moved. TRUSTEE GHOSIO: Second. TRUSTEE KING: All in favor? (ALL AYES). Motion to approve the Minutes of October 16th. TRUSTEE BERGEN: I'll make a motion to approve those Minutes. TRUSTEE BREDEMEYER: Second. TRUSTEE KING: All in favor? (ALL AYES). TRUSTEE KING: Move to approve our organizational meeting set for Friday, January 3rd, at 4:00 PM, in the conference room. So moved. TRUSTEE GHOSIO: Second. TRUSTEE KING: All in favor? (ALL AYES). 1. MONTHLY REPORT: The Trustees monthly report for November, 2013. A check for $17,612.94 was forwarded to the Supervisor's Office for the General Fund. II. PUBLIC NOTICES: Public Notices are posted on the Town Clerk's Bulletin Board for review. III. STATE ENVIRONMENTAL QUALITY REVIEWS: RESOLVED that the Board of Trustees of the Town of Southold Board of Trustees 5 December 11, 2013 hereby finds that the following applications more fully described in Section VII Public Hearings Section of the Trustee agenda dated Wednesday, December 11, 2013, are classified as Type II Actions pursuant to SEQRA Rules and Regulations, and are not subject to further review under SEQRA: TRUSTEE KING: They are listed as follows: Sal Varano - SCTM# 86-7-4.3 Fishers Island Development Corp., c/o fishers Island Marina - SCTM# 10-1-9 Sandra Pawson Sinclair - SCTM# 14-2-1.8 Parviz Lalezari - SCTM#13-2-7.7 Minnigan Family Trust, Go John Minnigan & JoAnne Lapp, Trustees - SCTM# 38-6-9 Nassau Point Property Owners Association - End of Bayview Road off Nassau Point Road, Cutchogue 850 President LLC - 117-5-31 Richard & Joann Savarese - SCTM# 37-6-7.1 Eileen & Vincent J. Flaherty - SCTM# 92-1-8 Joan Shannon - SCTM#126-11-7 Andrew & Karen Wills - SCTM# 52-5-8.1 Charles & Stephanie McEvily - SCTM# 52-5-6 Gaston Family, LLC - SCTM# 52-5-5 JC Miller Management - SCTM# 106-6-2 TRUSTEE KING: Do I have a motion on that? TRUSTEE BREDEMEYER: So moved. TRUSTEE KING: All in favor? (ALL AYES). IV. RESOLUTIONS - ADMINISTRATIVE PERMITS: TRUSTEE GHOSIO: Under resolutions, number one, RON AND SUSAN MELAMUD request an Administrative Permit to replace the decking surface and railings on the existing decks around the pool and house, approximately 2,500 square feet of decking in total; and replace the existing three-foot high fencing inkind. Located: 18603 Main Road, East Marion. We have been out there a couple of times. Just to review this, this is an Administrative Permit. This has been out there for an awfully long time. This came in inconsistent under the LW RP, and the coordinator's report notes that the location of the deck is in the Coastal Erosion Hazard Area located on a primary dune; major additions are prohibited on a primary dune unless specifically provide for by Chapter 111; a major addition is defined as an addition to a principal building resulting in a 25% or greater increase in the building footprint of the principal building, other than an erosion protection structure, pier, dock or walk. Board of Trustees 6 December 11, 2013 That is essentially what this Board is. He says the structures are not constructed pursuant to Coastal Erosion Management permit. TRUSTEE KING: I think they were in there before we had jurisdiction. TRUSTEE GHOSIO: This house has been there for a long time. As I recall, when we did our research on this, didn't we find out it has a building permit? TRUSTEE KING: It was found originally non-jurisdiction from the Trustees back then. TRUSTEE BREDEMEYER: It was originally non-jurisdiction based on the code at the time because it was we didn't have beaches or other consolidated soils in the definition and it was more than, it had the old Main Road there, which was intervening between the vegetated wetland. TRUSTEE GHOSIO: Taking a look in the file here, on March 2, 1989, they did have a letter from the Board of Trustees that states that the town Trustees conducted an onsite inspection this is a resolution, by the way and resolved that the Town Trustees approved the request made by Robert Celentano, who was the owner at the time, for a waiver to construct this house. That was pretty much it. It was out of our jurisdiction. TRUSTEE BREDEMEYER: That's, more properly correct, the waiver at that time was granted for buildings that would otherwise meet the state DEC requirement behind substantially manmade structures such as a road or bulkhead. TRUSTEE GHOSIO: So nobody knows, and noting there is a DEC approval in here as well, from 1988, I'm going to make a motion to approve the application as submitted. TRUSTEE BREDEMEYER: I would second it with a bit of discussion and maybe request that we I second it and maybe request that we include permit language that no further expansion of decks or decking materials be permitted on this, in other words, site, because of the restraints of the Coastal Erosion Hazard Act, so there is no confusion for future owners. TRUSTEE KING: That's a good idea. We'll approve this and stipulate there be no further expansion. TRUSTEE GHOSIO: I don't have a problem with that. I'll amend my motion. TRUSTEE BREDEMEYER: I'll second again. TRUSTEE KING: All in favor? (ALL AYES). TRUSTEE KING: Number two, Joseph Kollen on behalf of SCOTT KLATSKY requests an Administrative Permit to construct a 13'x21' deck with a plus/minus seven-foot high screening wall, outdoor shower and benches onto the dwelling; and to install a hot tub on slab. Located: 560 Sunset Avenue, Mattituck. This was found inconsistent it was found inconsistent because a Wetlands Permit was issued in 2010 for the Board of Trustees 7 December 11, 2013 construction of a dock structure which was constructed, the conditions require the installation of a 15-foot non-turf buffer and the buffer is not shown on the current plans. In the event the action is approved, it is recommended the Board require the non-turf buffer be shown on the plans referenced in the decision, and subsequent permits. I went out and looked at this. There is really not a buffer there because the whole area is non-turf. It's quite a slope going down to the lake. Wherever he wants to put the deck, it's just barely jurisdictional. This is a slope down here. The only thing I would like to include in this Administrative Permit, he has a fence that runs like this and across. I would like to include the fence in this Administrative Permit and have him put it on the survey. It's there. It's been there a long time. But everything down here is all non-turf. It's not only a 15-foot buffer, it's about a 50-foot non-turf buffer. TRUSTEE BERGEN: I agree with you. The only question I have with the fence, as you pointed out, does it meet current Town Code. TRUSTEE KING: It comes up to about here (indicating). I would say yes, it's not on the property lines. TRUSTEE BERGEN: Okay. Because I know they amended the Town Code, and fences cannot be forward of the front of the house, so. TRUSTEE KING: No, it's all in the back. So I would find it consistent, when you look at the size of the buffer, it's not only 15 feet, it's a lot more. And I didn't see anything from the Conservation Advisory Council on this. TRUSTEE BREDEMEYER: It's administrative. TRUSTEE KING: Okay, so they didn't look at it. So I would make a motion to approve this application with the addition of the fence that surrounds the property on the rear part of the property, and we'll have that drawn on the survey. That's my motion. TRUSTEE DOMINO: I'll second that. TRUSTEE KING: All in favor? (ALL AYES). V. APPLICATIONS FOR EXTENSIONS/TRANSFERS/ADMINISTRATIVE AMENDMENTS: TRUSTEE KING: And on these two transfers and administrative amendments, I don't think we had an issue with either one of them. TRUSTEE BREDEMEYER: No. TRUSTEE KING: I think we can just put them both together. They read as follows: Number one, Docko, Inc., on behalf of HIRAM MOODY, JR., requests an Administrative Amendment to Wetland Permit #7979 to slightly modify the proposed pier structure by constructing it in a continuous slope in almost the same exact alignment and one Board of Trustees 8 December 11, 2013 dog-leg turn at the top of the slope section at a level elevation of ten feet above mean low water and then projecting straight back into the point of the existing path; and construct access stairs to beach above apparent mean high water. Located: 16633 Reservoir Road, Fishers Island. And number two, Docko, Inc., on behalf of PETER BACCILE requests an Administrative Amendment to Wetland Permit #8261 and Coastal Erosion Permit #8261C to place plus/minus 160 cubic yards of stone backfill behind an existing line of armor stone over an area of plus/minus 2,250 square feet and above the apparent high tide line. Located: Equestrian Avenue, Fishers Island. So I would make a motion to approve number one and number two under Applications for Extensions, Transfers and Administrative Amendments. TRUSTEE BREDEMEYER: Second. TRUSTEE KING: All in favor? (ALL AYES). VI. MOORINGS: TRUSTEE KING: Under Moorings, we had a few mooring applications. Once again I think we can lump these together. We'll do number one and two. They are listed as follows: Number one, RONALD KEHLE requests a Mooring Permit in Mud Creek for a 21.9' boat, replacing Mooring #24. Access: Private. And number two, ASHLEY & TOM LORETO request a Mooring Permit in Broadwaters Cove for a 12' rowboat, replacing Mooring #BC2. Access: Public. And number three, ERIC IZZO, requests a Mooring Permit in Little Creek for a 22' boat, replacing Mooring #317. Access: Public. There was a question on how close it was to a dock. By code you cannot have a mooring closer than 50 feet from a dock. So they would have to meet that condition. So I would make a motion to approve these three with the notation that number three must meet the code and not be closer than 50 meet to a dock. TRUSTEE BERGEN: Could I recommend that we move on numbers one and two, and move on three separately so that is just, that condition will just be in the one permit application that way. TRUSTEE KING: Actually, it applies to all of them. If there are any docks in the area, they can't be within 50 feet. But we can do one and two together, approve those two. I'll make that motion. TRUSTEE GHOSIO: Second. TRUSTEE KING: All in favor? (ALL AYES). And Eric Izzo, approve this and specifically with the stipulation it has to be at least 50 feet away from an existing Board of Trustees 9 December 11, 2013 dock. TRUSTEE BREDEMEYER: Second. TRUSTEE KING: All in favor? (ALL AYES). TRUSTEE KING: I'll make a motion to go off our meeting and into the public hearing section. TRUSTEE GHOSIO: Second. TRUSTEE KING: All in favor? (ALL AYES). VII. PUBLIC HEARINGS: AMENDMENTS: TRUSTEE KING: So we'll do the public hearings. If anybody has any comments or any issues with them, please come up to the microphone, identify yourself, and if your name is difficult to spell, please spell it for our stenographer here so he can get it on tape. We'll start with number one. TRUSTEE GHOSIO: Number one under Amendments, SAL VARANO requests an Amendment to Wetland Permit #8060 for the as-built 3'x5' landing leading to a 3'x12.6' set of stairs to a 10'x16' platform with a second set of 3'x8' stairs that continue down to a 3'x5' landing which transitions to a 3'x16' walkway leading to a cantilevered 4'x4' platform with associated 3'x6' stairs to beach. Located: 6600 Indian Neck Lane, Peconic. The Board was out there and made a site inspection. The notes show that we are recommending removal of the old 4'x4's under the platform. The LWRP report shows that it's inconsistent with the LWRP; that the as-built structures are located within the VE flood zone, it's a velocity hazard zone. He notes in the event the action is approved in full or in part, it's recommended that the Board require high density planting of native vegetation between the bulkheads. The area between the upper and lower bulkheads should be vegetated as a landscape buffer or non-turf vegetated buffer in any decision and subsequent permits. The Conservation Advisory Council resolved to support the application and to include the repair of the pre-existing stairs and deck damaged by the storm. That was it. Is there anybody here who would like to address this application? MS. VARANO: Yes. My name is Kathleen Varano, I'm co-owner with my son Sal, who could not be here. This is, I think he included a photo also. All these things had been there prior to Hurricane Sandy. This has been in existence for many years, probably close to a hundred years now. TRUSTEE GHOSIO: It looks quite a bit different, doesn't it. We are just reviewing some of the old photos. Board of Trustees 10 December 11, 2013 TRUSTEE KING: I don't have any issues with it. TRUSTEE GHOSIO: I don't either. What was the notes about removing the 4'x4's under the platform? TRUSTEE KING: The stairs going out to beach, underneath there are two 4x4's sticking up out of the stand, about six to eight, ten inches, they should be taken out so no one trips over them. TRUSTEE GHOSIO: Yes, they could be a hazard. TRUSTEE KING: Somebody can trip over them. MS. VARANO: Right. TRUSTEE KING: It looks like old posts that were there and they left them there. They should be removed. MS. VARANO: Okay. TRUSTEE GHOSIO: I see we have the jute down. What is the planting plan here? MS. VARANO: He's putting all the vegetation, he put some in now, and in the springtime they'll be adding some additional. They want to just keep it for soil erosion over the winter. TRUSTEE GHOSIO: Did we note we wanted to see a non-turf buffer at the top? TRUSTEE KING: No. TRUSTEE GHOSIO: Not on this one? TRUSTEE KING: No, because that whole bank will be vegetated. I didn't have an issue with it. TRUSTEE GHOSIO: It's 160 square feet. TRUSTEE BERGEN: It should be 100, according to code. MS. HULSE: I told him that when he pled guilty. TRUSTEE BERGEN: What we are discussing, just so you understand, is the 10x16 platform. According to code, platforms are limited to no more than 100-square feet, and what has been built there is 160-square feet. That doesn't meet code. So that's what the discussion is going on. I didn't want you to not be a party to the discussion. MS. VARANO: I appreciate that. The platform there is basically the same platform that has been there all this time. Except it was because of the vegetation and the land that had been there, it was basically set into it. So it always looked smaller, but it was the footprint, so to speak, is the same footprint that was always there. TRUSTEE BERGEN: We understand. But the code has been modified over time. It's kind of like for example if you built a house in the 50's or 60's and it burned down and you wanted to replace it today, you would have to build it according to code today and not the code in 1950 or 1960. So it's the same thing we are dealing with here. Residents have been dealing with loss of a lot of structures because of Sandy, they are gone, now we have the challenge of this is the code we have to work under today, which is different than the code when these things were built in the past. So that's the challenge we have is working within Town Code. Board of Trustees 11 December 11, 2013 MS. VARANO: Okay. TRUSTEE GHOSIO: I'm just not so sure this platform is associated with the stairs. TRUSTEE KING: That's my feelings. It used to be 32-square feet. TRUSTEE BERGEN: And we upped it to 100. TRUSTEE KING: That was platforms coming down the bluff that had a midway platform. We need to change this somehow. Because I don't consider this a platform associated with stairs. Even though the stairs are attached to it. TRUSTEE BREDEMEYER: Yes. TRUSTEE KING: The original intent was midway down the bluff, a platform. TRUSTEE BREDEMEYER: Was to limit the large scale platforms that were going to disturb and disrupt TRUSTEE KING: Right. It was not down between two bulkheads down at the shoreline. TRUSTEE GHOSIO: A bulkhead and retaining wall, really. TRUSTEE BERGEN: This starts halfway down the bluff there. So I respectively disagree. This is a platform associated with stairs because it starts in the middle of the bluff. And I think, you know, unfortunately or fortunately, whichever way you want to deal with it, we have been consistent with this across the board, where we said we are very sorry but you have to meet what the Town Code is today. TRUSTEE GHOSIO: I have to admit, had this come in prior to the work being done we would have been able to hammer this out first, so I get that. TRUSTEE BERGEN: Absolutely. TRUSTEE KING: We have done a lot of decks along Peconic Bay Boulevard that have stairs attached to them, that are well over 100-square feet, and we approved a lot of those. It's almost the same situation of a retaining wall behind the bulkhead, and there is a deck between the retaining wall and the bulkhead. TRUSTEE GHOSIO: That's because we don't necessarily consider it as being part of the stairs. TRUSTEE KING: That's my feeling. TRUSTEE BERGEN: If they cantilever decks on the top of the bluff and the deck is down on the area between the retaining wall and the bulkhead. But this is in the middle. You go down and in the middle of the bluff, you could see in the picture is where this deck starts. I just feel it has to be downsized to 100-square feet to meet code. I think our hands are tied on this. I'm just one of five. TRUSTEE DOMINO: Can I point out that the application reads "set of stairs to a 10'x16' platform with a second set of stairs. So it makes Trustee Bergen's point. TRUSTEE GHOSIO: Well, that means we have to shave 60-square feet off of it. TRUSTEE BREDEMEYER: Unless we grant a variance. Board of Trustees 12 December 11, 2013 MS. HULSE: We can't do that. TRUSTEE BREDEMEYER: We can't grant a variance? MS. HULSE: We can't do that. TRUSTEE BREDEMEYER: Okay, we can't waiver on that. Okay. MS. VARANO: Shouldn't our contractor have known this, I mean, something like this had changed and made us aware of this? TRUSTEE BERGEN: Yes. MS. HULSE: You had a violation for the work that was done. MS. VARANO: Yes, so I found out. That's why you hire somebody that has been here for so many years. They know what's going on, we don't. MS. HULSE: Trustee Domino and the rest of the Board have suggested legislation that we are working on currently to sort of take care of that particular problem with licensing of marine contractors. TRUSTEE GHOSIO: All right. Well, the platform is 10x16 currently, so if we keep the ten-foot length, cut six feet off the width, extend the stairs back, you could do it. MS. VARANO: Is there some way we have to do more work on this? TRUSTEE GHOSIO: Yes. Are there any other comments? For me, frankly, in the interest of TRUSTEE KING: I don't see this as a big one. It's all on their property. I'm looking at the intent. I think what Jim said goes to the intent, that the primary intent on decks associated with platforms associated with stairs is too protect the integrity of bluff areas. I think it was clearly that notion that we were having problems with, with the failure of bluffs from, you know, rain runoff to obscuring sunlight from those areas. TRUSTEE GHOSIO: Yes, in fact, the way this is constructed it would seem the only shadow it's casting is casting down on the sand between the bulkhead and retaining wall. TRUSTEE KING: Do you have a side shot of that? TRUSTEE GHOSIO: That's the bluff side. That's me standing on the deck taking a picture of the bluff. TRUSTEE KING: The deck is almost on top of that retaining wall, isn't it? It's not midway up the bluff. TRUSTEE GHOSIO: It's really only a couple of feet. The stairs here, the stairs on the side, goes down to the, you know, the landing where the bulkhead and wall meet. TRUSTEE KING: How much do we lose it we cut it off on top of the bulkhead there. You see what I'm saying? MS. VARANO: It's not on the bulkhead. TRUSTEE BERGEN: No, the retaining wall is what we are talking about. TRUSTEE KING: If this much was cut off right on top of the retaining wall, it leaves quite a bit of square footage. TRUSTEE GHOSIO: Then that would be 16 by Board of Trustees 13 December 11, 2013 MS. VARANO: That also helps to hold the land in. TRUSTEE GHOSIO: It would be 16x5. 16x5. That's 40 inches. It's close. TRUSTEE BERGEN: It's 50-something feet. It's getting close. Close enough. TRUSTEE KING: That would pretty much satisfy it, I should think. Then it's not on the bluff at all. TRUSTEE BREDEMEYER: Unless they want to slide the whole thing down so it's not on the bluff. MS. VARANO: Do you know how far down those things are? TRUSTEE GHOSIO: I'm not hung up on it because it's really not very much over. I don't think it was their intention to break the code. They had a contractor that went ahead and did it. He has been fined for it. To me, in the interest of doing what's right in this particular case, we are not talking environmental damage here, I would let it go. That's me. I don't know if, you know TRUSTEE BERGEN: Well, I disagree. And the reason I disagree is I do feel very sorry for the applicant because if this had come in with the original application, we could have addressed this originally and prevented us from getting to this point. Unfortunately it didn't. Unfortunately, the contractor went and did the work without a permit, and so now it's put the applicant and Board in a very tough position here. And I like the idea that Trustee King just discussed of at least reconfiguring it so it's downsized a little bit and down, starting at the top of the retaining wall. TRUSTEE BREDEMEYER: That would be the best answer. We can't really go against the code. TRUSTEE BERGEN: To me, that's a good accommodation to this. TRUSTEE BREDEMEYER: That accommodation is evenhanded. It means we are not setting a dangerous precedent going against the code. MS. VARANO: Do you know what it entails to get those posts back out of the ground and disturb all that land again, to pull them out just to take two boards off? TRUSTEE DOMINO: I think your contractor put you in this position. I think it's incumbent upon him to address that for you. MS. VARANO: He won't even return a phone call. He's responsible for the fine and we can't even get a hold of him. He will not even return a phone call, text, nothing. TRUSTEE BERGEN: I'm sorry you are facing that. That would be a civil matter for you to take up. MS. VARANO: I feel I'm getting punished for something that is not even my fault. TRUSTEE GHOSIO: I know. Well, would somebody like to make a motion? TRUSTEE BERGEN: Close the public hearing first. TRUSTEE GHOSIO: Are there any other comments from the Board? TRUSTEE KING: No. Just that this is very, it's extremely Board of Trustees 14 December 11, 2013 disappointing for me. These contractors do these things. It leaves the property owner and us really holding the bag. You know. I'm really tired of it and if we don't get this licensing done, we are really dropping the ball. Then at least we would have something over their head we can hammer them with. I mean, some of these guys are getting to the point where they are figuring on, well, if I do it, I get fined. Well, they work the fine into the cost of doing the job, in case they get caught. It's ridiculous. MS. VARANO: He didn't even do that, because we are paying the fine. We have the fine, so we are paying it. He's not even paying the fine. We can't even get hold of him. TRUSTEE KING: It's frustrating for me. TRUSTEE DOMINO: I want to say, I have to agree with Trustee Bergen's comments regarding this particular application. TRUSTEE GHOSIO: I understand. Any other comments? (No response). Comments from the audience? (No response). I'll make a motion to close the hearing. TRUSTEE BREDEMEYER: Second. TRUSTEE KING: All in favor? (ALL AYES). TRUSTEE GHOSIO: Does somebody want to make a motion? TRUSTEE KING: I'll make a motion that the deck be downsized and the landward edge be removed out to the top of the bulkhead. So the landward edge of the deck is on top of the bulkhead I mean, excuse me, retaining wall. The landward edge of the deck would be just on top of that retaining wall. So the whole rest of the deck is out of that area between the area between the retaining wall and the bulkhead. I can't scale it off. I'll point it out in the picture what I mean. This portion of the deck would be removed out to here (indicating). And this would be the landward edge of the deck right here on top of the retaining wall. That takes a good portion of the deck. TRUSTEE BERGEN: And the seaward end of the deck would not extend any further than it currently does. TRUSTEE KING: The deck would be supported by the top of the retaining wall. MS. VARANO: It's not that low. MS. HULSE: Ma'am, I'm sorry, the public comment portion is over because there is a motion on the table. MS. VARANO: I'm trying to understand, we were just talking about it. MS. HULSE: There is a motion on the table. Just one second. (Board member discussion). TRUSTEE KING: I'll withdraw that motion. TRUSTEE BERGEN: I'll make a motion to approve the application of Sal Varano as described, with the condition that the 10x16 Board of Trustees 15 December 11, 2013 platform is downsized to 10x10 or 100-square feet to comply with Town Code. TRUSTEE DOMINO: I'll second that. TRUSTEE KING: All in favor? (Trustee Bergen, aye. Trustee Bredemeyer, aye. Trustee Domino, aye). (Trustee King, nay. Trustee Ghosio, nay). TRUSTEE GHOSIO: I'm voting nay. TRUSTEE KING: I'm voting nay also. MS. VARANO: Can I approach? I don't understand. I have to explain it to my son. TRUSTEE BERGEN: That deck has to be downsized to 100-square feet, configured any way you want to do it. Any way you want to do it. TRUSTEE GHOSIO: We bypassed the details, that way you can do it however and you your contractor decide to do it. MS. VARANO: Our new contractor. Okay. TRUSTEE GHOSIO: Just for the record, we voted nay because we didn't see the need to necessarily downsize it to conform. In either case, it's now found to be consistent with the LWRP as well. TRUSTEE KING: Correct. TRUSTEE KING: Number two, Docko, Inc., on behalf of FISHERS ISLAND DEVELOPMENT CORP., c/o FISHERS ISLAND MARINA, LLC, requests an Amendment to Wetland Permit #8125 and Coastal Erosion Permit #8125C to increase the quantity of the proposed dredging another plus/minus 200 cubic yards over a plus/minus 3,500 square foot area; the new proposed total dredge quantity to be plus/minus 8,850 cubic yards over a plus/minus 66,500 square foot area. Located: Central Avenue, Fishers Island. This is an amendment to increase the dredging that was approved before. This was found inconsistent, I believe. Yes. It's found inconsistent because it's open water disposal. It's picked up on the LWRP 5.3, protect and enhance quality of coastal waters. Is there anyone here to speak on behalf of or against this application? The Conservation Advisory Council did not make inspection, therefore no recommendation has been made. Is there anyone here to speak on behalf of or against this application? MR. NIELSON: I'm in favor of the application. On behalf of the Fishers Island Marina, Fishers Island Yacht Club and Fishers Island Utility Company, I'm Keith Nielson with Docko, Inc., and we prepared the documentation documents for you as well as all the previous recent permits for this project. TRUSTEE KING: Keith, I think the issue here with the LWRP coordinator is the disposal in open waters. I know the last one we approved, that this is amending, we had stipulated that no dredge spoils are to be placed in the New York waters section of Board of Trustees 16 December 11, 2013 that dump site. That would stand with this amendment. We have no control over what goes on in Connecticut. MR. NIELSON: Right. It would be the same conditions because we are still being governed by the other two permits which are dictating that the open water disposal be in central Long Island Sound, which has no component with New York waters. TRUSTEE KING: Where the dump spoils are being placed is outside of our jurisdiction. I don't think there is anything we can do about it. TRUSTEE GHOSIO: When I spoke to Mr. Terry, he noted that he did this specifically so it would be brought up. So it was actually brought up and now we know where the spoils are going. And that was a concern. Because if it was not addressed at all TRUSTEE KING: This has been an ongoing situation with that dump site off New London. It goes back to when they dredged, they came through national security, if they were dredging it deep enough to get the Seawolf submarine in there. And everybody was against it. And everybody lost. It stayed open. We have no control over that. So with that being said, is there anybody else here to comment on this? (No response). I'll make a motion to close the hearing. TRUSTEE GHOSIO: Second. TRUSTEE KING: All in favor? (ALL AYES). TRUSTEE KING: I'll make a motion to approve the application with that same condition that there is to be no open water disposal in the waters of New York section of that dump site. TRUSTEE BREDEMEYER: Second. TRUSTEE KING: All in favor? (ALL AYES). TRUSTEE BERGEN: Number three, Jeffrey Patanjo on behalf of MILDRED DAVID requests an Amendment to Wetland Permit #8171 for a proposed 4'x97' fixed elevated catwalk; new catwalk to have Thru-Flow decking over wetlands and remainder to be untreated lumber; a 3'x12' aluminum ramp; and a 6x20' floating dock with two 8" diameter piles in an "L" configuration. Located: 3825 Stillwater Avenue, Cutchogue. This was found to be inconsistent under the LWRP and this was a review dated November 13, 2013, because the dock structure will extend into public water and result in a net decrease in public access to on public underwater lands. The Conservation Advisory Council resolved to support the application on November 6, 2013, using flow-through grating above the limits of the wetland, and the remainder to have untreated decking. I noted the dates of those because we had originally looked at this back in April and then in May, and had discussed it as a public hearing in May, and at that time our challenge was that the dock Board of Trustees 17 December 11, 2013 appeared to extend beyond the pier line, and so the applicant has come back to us with some pictures with a pier line contained on these pictures, which I'm passing out for the members of the Board to look at. Given that, is there anybody here to speak on behalf of this application? MR. PATANJO: Jeff Patanjo, on behalf of the applicant. The plan that I sent you has the adjacent docks, Google Earth imagery, has the adjacent docks in the area, and I drew in some lines that are parallel to shore just indicating that they are pretty much in line and consistent with, in general, all the other docks in the area. You could see the two docks that are just to the north are pretty far back from the proposed dock here, which is, by the way, a replacement of what was there. And we actually have a permit to build a dock now. I have a current permit. I could building something now, from you guys. The DEC requested I extend it out to 30" of water. So I have a permitted structure. This amendment is only to move out that structure an additional seven feet. And the original configuration of the dock was a straight out, an "I" configuration. The pier to a dock going straight out. Now I changed it to a "T" configuration. So the boat is pushed further out. However, just thinking about it today driving here, if we have a boat tied up to this floating dock, a typical boat has a beam of what, eight feet or so, so it will stick out eight feet TRUSTEE BERGEN: It depends on the size of the boat. MR. PATANJO: Agreed. It could be eight feet. Maybe if they have a 24' boat, it would be eight feet, eight-and-a-half feet. TRUSTEE BERGEN: Sure. MR. PATANJO: If they have a boat like that, if they tie it up, stem toward the land, they could extend beyond that eight feet with the configuration you guys previously approved. So there is a possibility this will pull the boat back closer to shore. Just by way of the way it's tied up. Again, on the proposed, on the plan that I just recently sent in, based on last month's public hearing, the two piers to the north, they are setback pretty far. I didn't do any studies over there. I don't know any water depths. But I'm assuming if they come in for a new application, they are not going to have sufficient water depth. And you are looking for consistency amongst all the surrounding properties. If you look at my lines parallel to the shore, you look at the adjacent docks, we are right, as you see, we are right at the intersection of two different shorelines. So in my opinion, I'm in line with the adjacent docks. And again, I did mention last time, that I'm going to be coming in for a permit for one of the docks, I believe it's one to the south that has not been signed by the contractor yet. So that's not going to happen for a month or so. At least. So I don't want to have this dock be pending based Board of Trustees 18 December 11, 2013 on the next application coming in. TRUSTEE BERGEN: Thank you. You are right in that we, on one of the field inspections, we did go out and we walked down the adjacent dock to the south and eyeballed it, and the original, what was originally approved, was really just beyond the pier line. So now because of the DEC requirement that you extend this because of water depth issues, it's now put us and yourself really into a challenge here because you are looking to extend out beyond what we consider the pier line. When we look at pier lines, we do, normally we look at, is the adjoining docks on either side. We don't look at docks farther down the shoreline one way or the other. It's kind of like the same think we do with homes. And as your diagram shows, clearly this will extend out beyond the pier line of the adjoining docks. What you have made a case for is that it's not beyond the pier line, if you take docks further down the waterway into consideration. Normally with that, what we look at is the shoreline. Has the shoreline changed, is it undulating along there. In this case it really is not yours, your property is almost, if there is such a thing, a little farther out property than the other properties to the north or the south. So unfortunately because of the DEC permit, it put you in this situation. MR. PATANJO: Which I have every other permit with the exception of the Trustees. TRUSTEE BERGEN: How does the Board feel about this? TRUSTEE GHOSIO: I have made the argument in the past in some other places that when you have a shoreline that changes and, you know, I understand not wanting to extend past the pier line, but if you have a shore that changes, so the intersection of the furthest-out docks in that area would be the pier line, to me. The pier line is a curve as well as the shore. In this particular case, I admit, he's right on the line, you know, but I don't have an issue with this. TRUSTEE BREDEMEYER: I think, similarly, it's reasonable enough. TRUSTEE KING: This is not a narrow creek where it would present a problem, really. TRUSTEE BREDEMEYER: We sort of can't have it both ways also, with respect to public access, we can't say we don't want to have public bottom dredged or damage, so the intent is to get sufficient depth so vessel operators are not hurting beneficial bottom vegetation. So this could well be the neighboring docks then established a narrow pier line are regularly damaging the bottom, and the fact that almost all properties enjoy a dock that somewhat comports with the physiography of that, I think that's pretty much what Bob said. This is a bit of a curve, irregular, but it's a very good approach to try to keep it reasonable and work within the Board and the DEC parameters. TRUSTEE BERGEN: Okay. I concur with the comments that have been Board of Trustees 19 December 11, 2013 made. Are there any other comments from anybody in the audience on this particular application? (No response). Not seeing any other comments from the Board, I'll make a motion to close the public hearing. TRUSTEE GHOSIO: Second. TRUSTEE KING: All in favor? (ALL AYES). TRUSTEE BERGEN: I'll make a motion to approve the application of Mildred David at 3825 Stillwater Avenue, noting that when you take into consideration the shoreline as well as adjoining docks, that we feel this does comply with code, which will bring it into consistency under the LWRP. TRUSTEE GHOSIO: Second. TRUSTEE KING: All in favor? (ALL AYES). TRUSTEE BREDEMEYER: The next application, number four, CHRISTOPHER SHOWALTER requests an Amendment to Wetland Permit #8036 to remove existing concrete blocks and replace with a new approximately 100' long rock revetment with two (2) plus/minus 15' returns. Located: 1015 Orchard Lane, Southold. This application is deemed to be consistent by the LWRP coordinator, but it was his recommendation that the Board require a vegetated non-turf buffer encompassing the existing onsite vegetation or similar, be installed landward of the new stone wall. The Conservation Advisory Council did not support this application indicating that it's the only revetment in the surrounding area and it would set a bad precedent. This is a low energy area surrounded by short fetches and any aggressive hardening endangers the robust growth of the marshland. The Trustees have been to this site on at least three occasions and Trustee King's eye has sufficiently healed after he was impaled by a branch as he walked behind me. So he was capable of bringing the application in. My apologies. And the Board has actually granted a prior approval for the use of Hesco baskets for which the applicant did a very thorough research and found that the company would not stand by their product given the potential for UV degradation of the filter fabrics. We subsequently performed another field inspection a month ago last where we met with the applicant to discuss limiting the height of the proposed rock revetment to no more than three feet. And that is the status aware of we find ourselves now. Is there anyone here now who wishes to speak on behalf of this application? MR. SHOWALTER: Yes. Chris Showalter, the applicant. As you can see, this wall was a carnage from Sandy. It's existing at the time was a height of 46 inches. It's five rows of eight-inch block and a four-inch cap, then you add in mortar and you end up Board of Trustees 20 December 11, 2013 with about 46 inches height. We also discussed onsite, you guys were kind enough to put me in touch with a product called Redi-Rock, which I would be happy to use instead of rock revetment. I think it's a more reasonable application here. My challenge with Redi-Rock is Redi-Rock comes in 18-inch high components, so it's either going to be 36 inches, which leaves me below my original 44, or it will be 50 actually, the top rock is only 13, so it's only at 49 inches on the inside, on the interior side, and then backfill, which then this site already has a 20-foot non-turf buffer, which we have been honoring since we made the renovations in 2000, and we would obviously continue to do that. And essentially plant essentially grasses. I think grasses is the most sensible thing down there. TRUSTEE BREDEMEYER: Sorry, we were just discussing briefly. We have reviewed the paperwork in the office this last field inspection day on the 4th of the week. When we were out on November 6th, we had indicated that we needed a three-foot maximum height. And I think the sentiment of the Board is we would want to keep the height somewhat lower. We recognize the Conservation Advisory Council concerns about it being maybe the first in the area, but it was a first in the area and the structure did protect your upland somewhat, and it's very close to your home. So I think the reasoning there, and possibly the perspective of the Conservation Advisory Council didn't pick up the fact that the fetch actually under storm conditions, could be actually a longer fetch; I'm thinking a long fetch, half mile to a mile, depending what kind of breaching action comes over the Cedar Beach Creek barrier area. MR. SHOWALTER: Yes, that barrier gets breached in a nor'easter. It doesn't even take a big storm to do that. TRUSTEE BREDEMEYER: Have you seen pictures of the Redi-Rock? MR. SHOWALTER: No, not at that time, but I did a lot of research. TRUSTEE KING: This is one that we just approved a while ago that was just built. I think you can see why we like the idea. MR. SHOWALTER: I think it's a great option. You are saying 36 inches from the outside, right? TRUSTEE BREDEMEYER: From the wetland grade, would be two blocks. TRUSTEE KING: Actually, almost just exactly what you have there. Pretty close. This is a side view of it. And they, ran the return on either side of the property. It really looks nice. They did a nice job. MR. SHOWALTER: It looks pretty robust. TRUSTEE KING: And it's less invasive than a rock revetment. You can keep those, if you want. MR. SHOWALTER: I appreciate that. TRUSTEE KING: Two comments. One, that the photographs sort of belies the inference that this is a low energy area. And the second being that when we were in the field, we made a reference Board of Trustees 21 December 11, 2013 point, I'll remind you of that, um, that you were going to leave that one section to the very end so that we would not exceed that elevation. MR. SHOWALTER: Right. And that's 40 inches. That reference point is 40 inches from wetland grade. TRUSTEE DOMINO: I don't recall that but I remember we pretty much agreed that would be the maximum we would be happy with. TRUSTEE BREDEMEYER: The would be or less than that. TRUSTEE DOMINO: Or less than that, yes. MR. SHOWALTER: That's fine. I appreciate it, thank you. TRUSTEE BREDEMEYER: Are there any additional comments or questions, concerns? TRUSTEE GHOSIO: I think it's a good idea. TRUSTEE BREDEMEYER: Hearing no additional questions, I'll make a motion to close the hearing in this matter. TRUSTEE DOMINO: Second. TRUSTEE KING: All in favor? (ALL AYES). TRUSTEE BREDEMEYER: I would move to approve this application with the stipulation that either a rock revetment with the size stone as indicated on the plan of a thousand pounds, or a Redi-Rock wall be permitted for this erosion protection structure, and not to exceed the height of 36 inches from the marsh grade level. So moved. TRUSTEE GHOSIO: Second. TRUSTEE KING: All in favor? (ALL AYES). MR. SHOWALTER: Thank you, gentlemen. WETLAND & COASTAL EROSION PERMITS: TRUSTEE DOMINO: Under wetland and coastal erosion permits, number one, Suffolk Environmental Consulting, Inc., on behalf of SANDRA PAWSON SINCLAIR requests a Wetland Permit and a Coastal Erosion Permit to restore the bluff face via cut-and-fill (with the inclusion of plus/minus 722 cubic yards of fill obtained from onsite); install a 16' tall, 13' wide, 195' long rock revetment to protect the toe of the bluff; construct beach access stairs consisting of four-foot wide stairs with associated 4'x6.4' entry platform, a 4'x5.5' landing with bench, a 4'x4' landing, a 5'x6' landing with bench and a 4'x4' base platform, total length of staircase to be 57'; and install revetment stone steps from base platform to beach. Located: 29827 Main Road, Orient. The LWRP coordinator found this to be consistent. The Conservation Advisory Council voted unanimously to support this application. The Trustees visited the site several times, but most recently on the 4th of December, and noted that the application was okay as submitted, suggesting that they move the Board of Trustees 22 December 11, 2013 gazebo landward. Is there anyone here to speak to this application? MR. ANDERSON: Bruce Anderson, Suffolk Environmental Consulting, for the applicant Sinclair. Submitted with this application are engineering plans prepared by Jeff Butler, and they consist of a site plan, cross sectional plans, et cetera. This is pretty much a standard revetment. The idea of the revetment is to protect the toe of the bluff. What we found during Hurricane Sandy is these bluffs were on The Sound, they were not subject to the wave action that some of the places in the bay were subject to, like Nassau Point and other places like that, but they nevertheless were impacted by the tidal surge that occurred. So what happened was with the tidal surge, the toe of the bluff became eroded, causing the upper portions of the bluff to collapse down on the beach, necessitating this application. So this is an application to protect the toe of the bluff, and it also provides for the planting of the upper portions of the bluff as a stabilizing the entire system. It is similar to an application that was approved by this Board several months ago known as Frankel. The neighbors down here are all intending to work together to implement this plan, as many neighbors have in various other places in the town. And I'm really here to just answer any questions you may have. TRUSTEE DOMINO: Is there anyone else who wishes to speak to this application? (No response). Any questions or comments from the Board? TRUSTEE KING: We were all out there and saw it. TRUSTEE GHOSIO: It really is needed. TRUSTEE BERGEN: Yes. TRUSTEE KING: What was it, one comment from the Conservation Advisory Council about moving the gazebo? We had talked to the owner out there, she said she was going to move that. She has to. So that was already done as part of the process. TRUSTEE DOMINO: Hearing no further additional comments, I make a motion to close this hearing. TRUSTEE BREDEMEYER: Second. TRUSTEE KING: All in favor? (ALL AYES). TRUSTEE DOMINO: I make a motion to approve this application as submitted. TRUSTEE BREDEMEYER: Second. TRUSTEE KING: All in favor? (ALL AYES). MR. ANDERSON: Thank you, very much. TRUSTEE GHOSIO: Number two, Suffolk Environmental Consulting, Inc., on behalf of PARVIZ LALEZARI, requests a Wetland Permit Board of Trustees 23 December 11, 2013 and a Coastal Erosion Permit to restore the bluff face via cut-and-fill (with the inclusion of plus/minus 481 cubic yards of fill obtained from onsite); and install a 17' tall, 10' wide, 115' long rock revetment to protect the toe of the bluff; construct beach access stairs consisting of four-foot wide stairs with associated 5'x6' entry platform with bench, a 4'x4' landing, a 5'x6' landing with bench, and a 4'x4' base platform, total length of stairs to be 77 feet; and install revetment stone steps from base platform to beach. Located: 1390 Demarest Road, Orient. This is an application to the neighbor to the application that we just approved. Same basic idea. It's been found to be consistent with the LWRP. The Conservation Advisory Council has found it to be supports the application, and is recommending installation of gutters and drywells on the dwelling to contain roof runoff. There is a letter in here of support for the application from the neighbor. And our field notes do indicate that we see the need for it and it didn't really have any other comments or issues with this application. Is there anybody here who would like to speak on behalf of this application? MR. ANDERSON: Bruce Anderson, Suffolk Environmental Consulting on behalf of the applicant Lalezari. This is also part of the previous testimony on Sinclair, it is the same basic structure designed to fit this stretch of bluff. The plans submitted by Jeff Butler consists of a site plan as well as the cross-section, and it's, again, to anchor the toe of the bluff and to stabilize this bluff. This bluff also has been similarly damaged by the storm surge in connection Hurricane Sandy. I really don't have any more to add to that, but I'm here to answer any questions you may have. TRUSTEE GHOSIO: Any comments from the Board? (No response). TRUSTEE GHOSIO: I don't want to ignore the Conservation Advisory Council's comments. I think the drywells and gutters are, you know, it's something that typically if there was some work being done on the house we would ask you to do it. This is 100 feet away and this project has nothing to do with the house. But I didn't want to ignore the comments. MR. ANDERSON: It's probably a good idea to do that, and I'll certainly relay that. I would add, however, in both situations, the top of the bluff is actually much higher than the house. TRUSTEE KING: The land slopes toward the house. MR. ANDERSON: Yes. And there is no runoff generated from the house that will go over the face of the bluff. TRUSTEE GHOSIO: Right. Hearing no other comments, I'll make a motion to close the hearing. TRUSTEE KING: Second. All in favor? Board of Trustees 24 December 11, 2013 (ALL AYES). TRUSTEE GHOSIO: I'll make a motion to approve the application as submitted. TRUSTEE BERGEN: Second. TRUSTEE KING: All in favor? (ALL AYES). TRUSTEE KING: Number three, Suffolk Environmental Consulting on behalf of the ORIENT WHARF COMPANY, c/o JOHN TUTHILL requests a Wetland Permit and a Coastal Erosion Permit to dredge roughly 2,150 cubic yards of material in the area surrounding the Orient Yacht Club in order to maintain the navigability of the harbor; dredged material to be placed in a drying container secured to the wharf which will then be removed to an approved upland source. Located: 2110 Village Lane, Orient. This is a dredging application. This is found consistent with the LWRP. I'm looking for the Conservation Advisory Council comments. I don't see anything from the Conservation Advisory Council on this. Here we go. This is June 12, 2013. They supported the application at that time. Is there anyone here to speak on behalf of or against this application? MR. ANDERSON: Bruce Anderson on behalf of the Orient Wharf Company. This is an application to dredge, as you all know. The original application was prepared, I'll say early summer. We met with the Trustees, you folks, out, I believe it was in August, the inspection date in August. At that time you had recommended that we shift the dredging seaward so that no dredging would occur essentially in the intertidal zone. That is that area between low water and high water. Which we did. We filed amended plans that show that. Obviously, at the same time we have been before the DEC and DEC came up with the same concern, and so those plans were also amended to reflect the location of the dredging as being restricted to waters below mean low water. So those changes were made. We also received similar comments from adjacent neighbors, and there has been, I gather an unpleasant history among folks out here. But I have been in touch several times with Tony Pasca with Essex, Hefter & Angel, who represents the neighbors, and I spoke to him as early as last Friday, and I'm authorized let you know that the neighbors are in fact in support of this application as amended. So our challenge really here is to obtain the permits and commence dredging within the dredging window, which we expect will close on January 15th. We are, at the moment, we have published in the newspaper a notice of complete application, which will appear in tomorrow's Suffolk Times, and I expect DEC to approve the application shortly thereafter. And upon that approval we'll provide this Board with a copy so that both Board of Trustees 25 December 11, 2013 agencies will be approving the same plan and you'll be clear with what is going on here. Other than that, I'm just here to answer any questions you may have. TRUSTEE KING: Bruce, when do you expect to hear from the DEC? MR. ANDERSON: I expect to hear from them early next week some time because I will be all over the DEC on a daily basis until this is revolved. TRUSTEE KING: Because I'm looking at this notice of a complete application. They left the public comment period open to the 19th of December. MR. ANDERSON: Right. TRUSTEE KING: Are they going to issue a permit before that public comment period is over? MR. ANDERSON: They probably won't but what I'll do is try to cajole them into at least preparing the paperwork. So absent of any negative comments, they would be prepared to issue the permit at that time. As I said before, I'm not expecting any negative comment because we have been sensitive and flexible to all concerns in this application. So I'm expecting to be issued as amended. TRUSTEE KING: Because I know the first time they objected to anything landward of the four-foot contour. MR. ANDERSON: Well, the four foot contour TRUSTEE KING: Which puts it right into the boating area. MR. ANDERSON: I think they made a mistake there. I think in subsequent conversations I said do you mean low water. Quite honestly, it's been difficult with the DEC because this was an application that was filed with them last January. So it's a little disconcerting that it would take so long to get a review. And quite honestly, other than a receipt of application, I have received nothing from DEC other than, you know, a couple of short E-mails with regard to this application, which is unfortunate. But even if they issue a permit on the 19th, or let's say the 20th or 21st, that will give us three weeks to do some of the dredging. And quite honestly, the critical area to dredge is that easterly dock facility. Because that is, you know, quite honestly, with the northwest winds that we have, these boats will be resting on the bottom in that kind of condition. TRUSTEE KING: Yes, we understand that. MR. ANDERSON: That would not be desirable for anyone, I would think. TRUSTEE KING: Any Board comments? TRUSTEE BREDEMEYER: Just refresh my memory. Disposal of the dredge material is mostly pure sand, is it not? TRUSTEE KING: Yes, they said they'll have a container fastened to the MR. ANDERSON: Yes. What we have done is we've proposed, since we don't have a spoil site onsite available to us, so we Board of Trustees 26 December 11, 2013 constructed, I believe, a 40-yard dumpster with the back end open and we would install filtration, such as hay bale, silt fence on that. So the material will be loaded from a clamshell bucket into that container, and the liquid pass filtered through the material, and then it would, on a roll off, and it would be removed from the site and hauled to an approved upland location. TRUSTEE BERGEN: For myself, I know this application has been into us for a while, as is demonstrated by when we did the original field inspection, and I think it's a well thought out plan and I don't have any problem with this application at all. TRUSTEE KING: Are there any other comments from anybody? (No response). Seeing none, I'll make a motion to close the hearing. TRUSTEE BREDEMEYER: Second. TRUSTEE KING: All in favor? (ALL AYES). And I'll make a motion to approve the application and when and if the DEC approves, what they approve, we want to be consistent with them, so if there are any changes we need to be notified of those changes, and that would mean an amendment to this application. MR. ANDERSON: Okay. TRUSTEE DOMINO: I'll second that. TRUSTEE KING: All in favor? (ALL AYES). MR. ANDERSON: Thank you, very much. TRUSTEE BERGEN: Number four, En-Consultants on behalf of MINNIGAN FAMILY TRUST, c/o JOHN MINNIGAN & JOANNE LAPP, TRUSTEES, requests a Wetland Permit and a Coastal Erosion Permit for the as-built 68.5' vinyl retaining wall with 6.7' and 5.4' returns inplace of timber retaining wall and returns. Located: 580 South Lane, East Marion. The Board did go down and looked at this in their December field inspection. This was reviewed and found to be inconsistent under the LWRP. The reason for the inconsistency is the structure described was not constructed pursuant to a Trustees permit or Coastal Erosion permit. In the event the action is approved, it's recommended the Board designate the existing vegetated area between the bulkhead and retaining walls as a non-turf buffer. This was reviewed by the Conservation Advisory Council and I'll read their determination. The Conservation Advisory Council does not support the application because the application is inadequate for the intended structures, as these structures cannot be legalized on property the applicant doesn't own. This should be a joint application with the homeowners association. In addition, the area between the upper and lower bulkhead should be non-turf and specified in the plans. Board of Trustees 27 December 11, 2013 Now, we did note when we were out there the fact that a very small portion of this project that has been applied for does in fact fall on the neighboring property, and we have here in the file, which says permission from that property owner. So just stand by for a second. I'm searching. Just stand by. Here we go. A letter dated May 25th, from the Old Orchard Homeowners Association. In an agreement entered May 24th, 2013. (Perusing). What I'm trying to do is get to the meat of this. It's a very long agreement. MR. HERRMANN: I can help you with that, Dave. TRUSTEE BERGEN: Okay. Hang on. In the agreement, in the sixth paragraph, the party consents to and authorizes the first party to file the necessary applications to the town for permission to maintain the retaining wall owned by the first party. So, like I said, this is a very long agreement, and I'll stipulate this agreement will be entered in its entirety into the record. So with that is there anybody here to speak on behalf of this application? MR. HERRMANN: Yes. Rob Herrmann of En-Consultants, on behalf of the applicant. This application is basically a bi-product of a prior application that had been submitted and approved by this Board for the Old Orchard Homeowners Association to replace the primary bulkhead that shows in your photograph there along the beach. And it is a little bit of an unusual situation that the secondary retaining wall, which we often see on these parcels along the bay or harbor, everyone, the same person owns each structure. And in this case, there is a long history that I'm not sure is worth necessarily going into. But the facts that pertain to the application before you are that the bulkhead was replaced by the Old Orchard Homeowners Association pursuant to their permit, which my firm also obtained a couple years ago. And I believe, as it's been described to me, when the Trustees went out to do their compliance inspection for the wall, they noticed that the retaining wall behind it had also been replaced, but the association had not gotten a they did not modify their permit with Minnigan permission, nor did Minnigan come in separately at that time. So basically the end result was the wall was replaced without permission from anybody. So as described in the two documents that Dave was referencing just a moment ago, as a result of what I believe was a resolution violation on this case, the upland owner here, Minnigan, was required to come before the Board, which is why I'm here tonight, to obtain a permit to legalize the retaining wall. How the two parties and their attorneys handled the overlapping jurisdiction is what is contained in the meat of the letters Dave was referencing. One is actually a letter, you said it's from Old Orchard. It's actually really from the applicants written to Old Orchard, and in that letter, which I won't go through, but you have for the record in your file, they go Board of Trustees 28 December 11, 2013 through the description that I just summarized what happened with the history, and that they are asking the Old Orchard association to consent to the legalization as part of this permit for any of the wall that actually exists on the association property. And they went so far as to formalize a boundary line agreement, which is the other document that Dave was reading, so that they don't get into any dispute over the land over time. With respect to the inconsistency recommendation, I never quite understand that because the inconsistency is based on the fact the structure doesn't have a permit, but that's of course why we are here. And with respect to the further comment about the non-turf buffer, that is already a non-turf buffer stipulated in association with the original association permit, which I think caused its own whole other separate set of troubles that the Trustees have been through on this site. So basically those conditions have been addressed. And otherwise in and of itself this is really a simple application. Had the retaining wall been included in the original permit, we would not have to be dealing with this. The reason it was not is because it was perceived it was not really within the property owned by the association. So herein lies the proposed solution and hopefully the Board will see fit to legalize it. TRUSTEE BERGEN: Nothing is simple, Rob. MR. HERRMANN: If it was, I would not be here. MS. LAPP: I'm JoAnne Lapp. I'm the property owner behind the retaining wall. You know, when the association did this project, they undermined our wooden retaining wall that has been there since the'60s. So I had asked Ian Crowley who did the work if we needed a permit and he said we didn't need a permit because we were just replacing what was there. So he didn't ask me if we ever had a permit to begin with. So I guess, you know, it was not done maliciously or anything, and so now we are coming to, we got a violation, which we handled, and now we are just looking to approve what we have. TRUSTEE BERGEN: And I'm looking at the agreement between the two parties. And the association is listed as a second party on page two, the second part. It says the second party grants to the first party permission to maintain the retaining wall as shown on the real property of the second party. So that, in essence, gets to the legal part of this. MS. LAPP: Right. TRUSTEE BERGEN: Are there any other comments from anybody in the audience? (No response). Any other comments from the Board? (No response). Not hearing any, I'll make a motion to close the public hearing. Board of Trustees 29 December 11, 2013 TRUSTEE GHOSIO: Second. TRUSTEE KING: All in favor? (ALL AYES). TRUSTEE BERGEN: I'll make a motion to approve the application of Minnigan Family Trust as described with the condition that will match the permit condition of the bulkhead, that a non-turf buffer will be maintained between the bulkhead and the retaining wall. And in granting this permit it will bring it into consistency under the LWRP. That's my motion. MR. HERRMANN: Dave, before that motion closes, I have a question for Lori. Typically, the buffer requirement then stimulates a request for a covenant. But the covenant is already there. The buffer is not on the Minnigan property. I just want to be clear we won't be asked to covenant the buffer but that the buffer be referenced to the original Old Orchard permit. TRUSTEE BERGEN: That's a very good point, from a legal perspective. MS. HULSE: The buffer is not referenced in the resolution. TRUSTEE BERGEN: Yes, I had just made that in my motion. MS. HULSE: All right. That's fine. Just take it out as a condition. TRUSTEE BERGEN: Okay, so I'll withdraw my motion and put forward a new motion, that being that I make a motion to approve the application of En-Consultants on behalf of Minnigan Family Trust as described, and with the granting of this permit it would address the inconsistency and in essence bring it into consistency under the LWRP. TRUSTEE DOMINO: Second. TRUSTEE KING: All in favor? (ALL AYES). MR. HERRMANN: Thank you, Dave. TRUSTEE BERGEN: Thank you, Rob. WETLAND PERMITS: TRUSTEE BREDEMEYER: The next hearing, under Wetland Permits, number one, Mark Schwartz, Architect on behalf of RICHARD & JOANN SAVARESE requests a Wetland Permit to raise the existing dwelling, and remove and reconstruct the foundation to raise finished floor height to elevation 14.0; reconstruct existing 16'x16' deck with 3.6'x4' steps and 6' wide x 1' deep step to the ground; and reconstruct existing front stoop. Located: 2575 Old Orchard Road, East Marion. The application has been deemed to be consistent with the LWRP. A speck note of the LWRP coordinator is that due to the parcel size and configuration there is no ability to relocate the structure outside of the flood zone AE-E17. The Conservation Advisory Council has moved to support this application. The Trustees performed a field inspection on Board of Trustees 30 December 11, 2013 December 4th. Specific questions we had, I'll outline, some are addressed also in a subsequent report of the principle building inspector Michael Verity. But the Trustees on inspection had specific concern whether or not the project lies within the coastal erosion area. Subsequent to that, it was pointed out that the coastal erosion area line is in fact on the property survey. The Trustees question whether or not this in fact was a demolition, and the response from the town reviewer Michael Verity from the Building Department was in fact that a part of this application is considered a demolition. The Trustees also voiced a concern concerning the snow fence they saw that was down at the beach for apparent erosion control. Additionally, the Trustees were concerned about the placement of or a sanitary system for a house that was going to be ostensibly going to be demolished, in our view. There was a prior permit that was issued to Richard and Joann Savarese on July 22, 2009, which apparently may have lapsed, for which the permit conditions were to demolish the two-story dwelling with a deck, and it did put a condition of a new sanitary system and retaining wall. That was also on plans prepared by Mr. Schwartz. The chief building inspector also noted that the project will require a building permit. It will not require a Zoning Board of Appeals. It was a qualified statement here, no prior excuse me, there was a prior permit shows approval for current size of 16'x16', therefore the deck rebuild would be permitted as an as of right. So the deck rebuild would not require a variance. I'm not sure if I totally made all these points clear. Is there anyone here who wishes to speak on behalf of this application? MR. SCHWARTZ: Yes. Mark Schwartz, architect of the project. I'm not sure where you came up with where this will be a demolition. We are not altering the house at all. We are raising it up, demolishing the foundation and putting it back on the foundation. That's it. There are no additions, no roof changes, no interior changes. They just wanted a foundation because it's not adequate the way it is. TRUSTEE BREDEMEYER: All I can tell you is this report was sent to us on December 9th from Mr. Verity. Okay. Our clerk Elizabeth is just pointing out to me a point that I was not aware of. That apparently there is still an outstanding and current Building Department permit that indicated there was an approval for a demolition, and that is the same and references similar language to the prior Trustee permit that was issued July 22nd, 2009, which was specifically called a demolition. MR. SCHWARTZ: Yes. That project was going to be knock down of a new house. They decided not to do it. They are going to leave what is there and just raise it up and put it back on a new Board of Trustees 31 December 11, 2013 foundation. TRUSTEE BREDEMEYER: So we have that would still remain just a concern of the Trustees about the sanitary system. Previously approval was granted for a new sanitary work where extensive construction is taking place. I know it's a concern that particularly where we are raising buildings and elevation, to accommodate, you know, storm events, the question is what kind of sanitary is here and was there a prior approval from the Suffolk County Health Department at the time that you were granted a Trustee permit for the demolition. And is there a county health permit that you can give us for the file that shows there was approval for that. MR. SCHWARTZ: Yes, there is. I can get you a copy of it. They were not intending on doing the septic system for this project. Um, I'm sure what is there is not to code, but I'm not sure we would be required to change it based on the Building Department since we are not expanding or adding bedrooms. TRUSTEE BREDEMEYER: Well, I'm going to tell you my individual concerns here. The expense involved in elevating structures and putting new foundations and the extent of construct and the extreme disturbance to sites to conduct these sorts of activities, the time to put in a new sanitary system is when you are doing this work, and particularly if you have county approval dealing with a site that is heavily constrained based on lot size, it's to the advantage of the applicant to upgrade. Particularly, just as a point of information, for several weeks after Tropical Storm Sandy, the bacterial levels in our surface waters never got down to a level to allow for shellfishing. And that was because there was so many sanitary systems that were actuality flooded and then disbursed their contents. In the area very close here in East Marion there were actually bulkheads that were sheared off and beach homes had their sanitary system basically blown into Gardiners Bay or Orient Harbor. And so it's my individual feeling that when you are talking about, if you are talking about a rebuild on an upland site, this is one of the rare cases where I think the waterfront owners, it's not only a consumer benefit to the homeowner but also a benefit to the environment when you are doing this extensive work that you perform the sanitary system upgrade, particularly because it's getting I'm a bit preaching to the choir, because you are a design professional, and you understand that when we get the bottom of the cesspool above ground water, we provide basic filtration. MR. SCHWARTZ: I agree 100%. TRUSTEE BREDEMEYER: My concern is that this is the time for that and I would ask for a stipulation of that in the permit. Anyhow, any additional information, I think the clarification was good. So now is the building permit, they are banning or are they putting a request in not to do a demolition? Board of Trustees 32 December 11, 2013 MR. SCHWARTZ: They are definitely not doing that project. I think there may have been several permits that expired. TRUSTEE BREDEMEYER: There is still a standing permit I have a question for Lori. Do they have to specifically withdraw any current permits they have in the Building Department that might allow for demolition. MS. HULSE: The plans have to match. So at some point have they to get a CO. So you won't be able to have two divergent plans. TRUSTEE BREDEMEYER: All right. One plan in the Building Department. One plan in the Trustee Department. One health approval coming from the county that looks the same. MR. SCHWARTZ: I understand what I have to do is additional paperwork even with the Department of Health that those a new house. So I have to go back to them to amend that permit also. TRUSTEE BREDEMEYER: There is no it doesn't show the septic at all on this plot plan at all. That was a question as well. MR. SCHWARTZ: It's on the water side of the house. That's the only place. TRUSTEE BREDEMEYER: Okay. MR. SCHWARTZ: But we did have a DEC permit, a Trustees permit, that had the septic system on it, and the Department of Health, so, I assume it would be able to be revised and amended. TRUSTEE BREDEMEYER: I guess if you are going to go through the separate agency review and you were to return a Health Department permit here as a condition of the Trustee permit with all the stamped approved survey that they would issue for an approval to construct, I guess I don't think I have a problem with that to have a permit investigation on the sanitary if they are going to review that. I don't know how the Board feels on that. TRUSTEE DOMINO: I feel similarly. TRUSTEE BERGEN: I agree with the concerns, number one, and the recommendations that Trustee Bredemeyer has brought up here. For myself, though, I think they should, when there is a permit application before us, it's not a demolition, it's, in this case a raising and putting a new foundation underneath, I don't think the requirement of septic should be an additional requirement made by the Trustees. In other words I think there is an agency, the Suffolk County Health Department that can deal with that issue. I think it's a recommendation that I fully support but I don't know that I would support making it a condition of this permit that a new septic system be installed. TRUSTEE KING: I feel the same way. MR. SCHWARTZ: In addition, it will be a lot more disruption on the site seaward of the house. Considerably. TRUSTEE BREDEMEYER: As a point of information. Jurisdiction, having some slight knowledge of how they TRUSTEE GHOSIO: A lot of knowledge. TRUSTEE BREDEMEYER: (Continuing) the issue is that the county Board of Trustees 33 December 11, 2013 Health Department considers a structure that is not being demolished an existing structure, and they will claim they have no jurisdiction. So the applicant walks away and will continue to be able to put a cesspool directly in groundwater. So I think this is really the time that the county Health Department is steadfastly avoiding having a model sewage code for rebuilds or add on to sewage, and one, I don't believe in setting a different standard for individual owners along the waterfront but the conditions surrounding our surface water quality right now and the degradation of water particularly as it relates to bacterial contamination that is closing shellfish lands, means at some point, we have the jurisdiction and we can compel a review by the Health Department. It's difficult, it's prickly, it often results in a Board of Review hearing, it takes a long time. But in the end you get the best possible thing you can have. But otherwise it's a walk-away. If we grant the approval, the homeowner will basically continue with a substandard sewage system. Many of these houses, and I don't mean to pick individually on the applicant, the Savareses. I know some people where they have small beach houses and are of limited means, money is an issue, but a lot of these turn into total demolitions, they turn around, and other individuals will just simply say you've got no jurisdiction, they'll continue to do what they are doing, and we are all worse off for it. I spent probably 300 hours this last year doing shellfish sanitation work for the town as a little fun add-on, and I got to tell you, this is one of those where I kind of, you know, if someone were to come in with a new home, on a heavily constrained lot, if they can even get an approval, they're going to be, you know, into some dear time, a prior board thought it was suitable here so as a stepping stone of the prior board thought sanitary was suitable here. So I'm kind of stepping, as a stepping stone, on a prior board. So I just wanted to amplify my concerns. I know that these are difficult situations. They are heavily constrained and I feel for the people, having dealt with Sandy on a small property. TRUSTEE GHOSIO: I concur with John in the sense that over the last six, seven years, I have been involved in doing a lot of the research on the septic systems, particularly in East Marion, Orient. I have made comment in the past about raised septic systems, and I'm not for them. Of course that has nothing to do with this one. But I'm concerned as well that when we have an opportunity to upgrade a septic system on something that chances are doesn't meet current code to begin with, we ought to try make the attempt or at least try to address it. I happen to agree this is something that really should be addressed. TRUSTEE BREDEMEYER: Are there any additional comments from anyone with respect to this application? MR. SCHWARTZ: The owners are not able to be here. I'm not sure Board of Trustees 34 December 11, 2013 they would be against doing a new septic system anyway, so if that's a requirement or suggestion. TRUSTEE BREDEMEYER: Hearing no further comments, I'll make a motion to close the hearing in this matter. TRUSTEE DOMINO: Second. TRUSTEE KING: All in favor? (ALL AYES). TRUSTEE BREDEMEYER: I would make a motion to approve this application as submitted with the stipulation that the final permit copy not be distributed to the applicant until an approved plan of construction is received from the Suffolk County Department of Health Services through the onsite subsurface sewage disposal system. TRUSTEE DOMINO: Second. TRUSTEE KING: All in favor? (ALL AYES). TRUSTEE BERGEN: I want to note for the record I'm voting aye, and the reason I'm voting aye is because the applicant has stated in his testimony that he doesn't feel that the applicants will have a problem with supporting the new septic system. So I vote aye. MR. SCHWARTZ: Thank you. TRUSTEE DOMINO: Number two, En-Consultants on behalf of ANDREW & KAREN WILLS, request a Wetland Permit to construct two (2) plus/minus 93 linear foot wood tie terrace retaining walls, one along toe of embankment (landward of tidal wetlands) and one on embankment face, each with two (2) plus/minus 5' returns; renourish embankment by backfilling terrace retaining walls with approximately 15 cubic yards clean sandy fill to be trucked in from an approved upland source; re-vegetate plus/minus 10' wide embankment with native vegetation, e.g., Cape American beach grass, switchgrass, Virginia rose, and/or northern bayberry, which is to be maintained as a non-turf buffer area. Located: 1675 Bayview Avenue, Southold. The LWRP coordinator found this to be inconsistent. The inconsistency is due to the fact that the term "terrace wall" is not an identified erosion control structure. The structure is either a retaining wall or a bulkhead. And it must be determined. If the structure is determined to be a new bulkhead then it had must be a low sill bulkhead. Additionally, a ten-foot non-turf buffer is required. In the event the action is approved, it is recommended that the Board requires that the existing tidal wetland vegetation be undisturbed to the greatest extent practical. The Conservation Advisory Council voted not to support this application. They recommend a unified revetment plan with the adjacent property owners in a manner that would protect the marsh. The Trustees visited this site on December 4th. The field notes, that the project may need more than 15 Board of Trustees 35 December 11, 2013 yards of fill requested. Otherwise it was a straightforward application. Is there anyone here to speak to this application? MR. HERRMANN: Rob Herrmann of En-Consultants on behalf of the applicant. The Board will note that this property and the two adjacent to it, to its north, are all before the Board tonight. This was an area that has taken a bit of a beating during the past few years in the current storm cycle. And the Wills' property in particular got blown out pretty badly during Hurricane Sandy. And figure one in our application, which was taken some time after Sandy, is a good representation of that. Basically, the idea here is to try to reconstruct and restore the previously existing embankment and to do that we obviously have to bring in re-nourishment material and then thoroughly replant it with native vegetation. The purpose of the two terrace retaining walls, one at the toe and one at the center, is basically just to stabilize that bank, create a stable placement area for the fill, and to increase the success of the plantings. Your description of it as a fairly straightforward application, I would agree with. If you have any other questions, I can certainly respond to them. TRUSTEE DOMINO: I would like to note that in the plans submitted November 14th, 2013, it is referred to as a retaining wall. And furthermore, that it is, using the scale provided, it's more than 15-feet landward of the high water mark, which would make it a retaining wall, not a bulkhead. MR. HERRMANN: And on the section, Mike, what we tried to show here, is the wall will pretty clearly run from the corner of the adjacent structure, basically to the landward end of the existing dock. And you can see in the section that the low toe is roughly about two feet exposed above grade, and then the bank slopes back to another wall which predominantly buried, and then tapers back to the existing grade. We specifically have designed this structure to be landward, not only of high water but landward of the tidal wetlands area that exists there. The purpose of that is to avoid any fill of the tidal wetland and to avoid disturbance of the existing vegetation, which I think was one of the comments in the LWRP report. So we were mindful of that when we designed this, and both with this and the next application before you, there is a bit of a narrow physical window between tidal wetlands area and the toe of the bank, and we have been mindful to stay landward of that. TRUSTEE DOMINO: Is there anyone else who wishes to speak to this application? (No response). Any other questions or comments from the Board? MR. HERRMANN: Mike, I should say, I'm sorry, one other comment is with respect to the non-turf buffer. We do have in the notes Board of Trustees 36 December 11, 2013 on sheet one of our plan, note number six, that that ten foot area behind that lower toe is to be maintained. Obviously we are proposing to vegetate it and that it would be maintained in perpetuity as a vegetated, non-turf buffer. I just wanted to mention that is in the plan before you. TRUSTEE DOMINO: Duly noted that it is on the plans submitted November 14th, 2013. MR. HERRMANN: Yes. TRUSTEE DOMINO: Hearing no further comments, I'll make a motion to close this hearing. TRUSTEE GHOSIO: Second. TRUSTEE KING: All in favor? (ALL AYES). TRUSTEE DOMINO: I'll make a motion to approve this application as submitted, noting that the term "retaining wall" on the plans addresses the inconsistency, as pointed out by the LWRP coordinator. TRUSTEE BERGEN: Second. TRUSTEE KING: All in favor? (ALL AYES). TRUSTEE GHOSIO: Number three, En-Consultants on behalf of CHARLES & STEPHANIE MCEVILY requests a Wetland Permit to construct approximately 97 linear feet of wood terrace retaining wall along toe of embankment (landward of tidal wetlands) and construct approximately three additional terraces on face of embankment with lengths of approximately 25, 14 and 30 linear feet; renourish embankment by backfilling terraces with approximately ten cubic yards clean sandy fill to be trucked in from an approved upland source; and re-vegetate all terraced and disturbed portions of embankment with native vegetation, e.g., Cape American beach grass, switchgrass, Virginia rose and/or northern bayberry; and remove and replace plus/minus 51' wood tie retaining wall and install new plus/minus 26' wood tie retaining wall, both along landward edge of top of embankment. Located: 1795 Bayview Avenue, Southold. This is a property that is right next to the Wills' property which we have just discussed. This one, however, the LWRP coordinator did find this to be consistent with the LWRP, provided that, he recommends that the Board require the plan dated 11/5/13 match the revised description of 11/19/13, and it the term "terrace wall" as identified on the plan is not a defined erosion control structure in Chapter 275. Note that the applicant must demonstrate excessive erosion has occurred in the area to warrant the installation of the lower retaining wall. In the event the action is approved, it is recommended the Board requires existing tidal wetland vegetation be left undisturbed and integrated with the structure design to the greatest extent practicable. Board of Trustees 37 December 11, 2013 The Conservation Advisory Council does not support the application; recommends a unified revetment plan with the adjacent property owners in a manner that would protect the marsh and wetland vegetation. And our field notes show that we did note that we would perhaps want to pursue only a single retaining wall, rather than the multiple, to allow the vegetation that is there to remain. As can you see, based on the photographs, it's quite a bit of vegetation that is there. Is there anybody here who would like to address this application? MR. HERRMANN: Yes. Rob Herrmann of En-Consultants on behalf of applicant, Charles and Stephanie McEvily, who are also here. This is the adjacent property to the north of Wills, the prior application and hearing that was just closed. This has been a little more of a difficult site to work with in terms of our design, whereas the Wills' property really left nothing to the imagination by the time the storm was through, this is a bank that has been very well vegetated. It is heavily vegetated. When Mr. and Mrs. McEvily came to me, the issue they had been having, and you can see this in figures three and four with the application that I had submitted, you can even see the areas along the staircase where there is stain on the side of the stairs versus where there is not, where there used to be soil. And what they had found, similarly, over the past several years, is despite the heavy vegetation on the bank, they have been gradually losing soil, and there are some places where you could see a little bit more clearly in the winter where the bank was heavily eroded. And I just, you have these, just for a quick reference I'll hand that extra copy up of those two photos. So what has happened, some of the shrubs that exist there, there is Baccharus both along and above the tidal wetlands boundary, there is some bayberry in there, and what has happened is those root masses at the bases are becoming exposed. And so right now, we are sort of at a critical juncture of that embankment, where if that erosion is allowed to continue during some of these avulsive storm events that seem to be getting more frequent, eventually those will give way in a more avulsive way, in a sudden way, and then we'll have a much bigger problem such as what we have with Wills next door. Having said that, because of the nature of the bank, we can't really propose something quite of the stature that is proposed as Wills, because with Wills', that area is open and they are running actual 6x6 deadmen back into the bank. If you had to run deadmen here you literally would have to deconstruct the bank, remove the vegetation that is there, to get the deadmen in, which would sort of defeat the purpose of the project in the first place. So I called upon Peter Sterling from Plantings By The Sea to come in and look at this with us, and I know the Board is familiar with the terracing work that Peter typically does on Board of Trustees 38 December 11, 2013 The Sound behind some of these larger bulkheads, where they are actually putting 12" boards one on top of the other, so similar to Wills, you have a two-foot toe at the base and then those are being driven in with vertical pipes. To take a step to the side, just to respond to the LWRP comment about the project description. This is where we have the original issue. When I discussed the design with Peter, everybody, as even the Board seems to be at the moment, was in agreement that you have to start with a layer at the toe. Peter senses it is impossible at this point in time to know where, how many, how long, extra smaller terraces might be needed just in the areas that are severely eroded right now. There are areas, stretches of this bank that probably don't need to be touched at all, and other areas like around the stairway where I showed you in figure three that probably needs some attention. The problem was I tried to submit the application project description that way, knowing I'd probably get a call from Liz telling me I couldn't, but basically we were saying terraces as needed. Which I also realize from the Board's perspective maybe leaves open too big of a ball of wax. But the intention here is honest. We could put the toe in and not need anything about above it, if the fill and the supplemental vegetation takes, or we could need some additional terracing up top. What we really want to do is just try to maintain what is there in as natural a condition as it has been in for a long time, without losing what is there. With that said, I think we can agree on the toe. I'm not sure exactly how the Board wants to deal with the rest of it. The reason the project description changed, it still matches the plan. So to Mark's comments, the updated description is still consistent with this plan. Nothing has changed since day one except for the fact that Liz asked me to commit to what is on the plan as opposed to saying well maybe this is what we are going to do and maybe it is not. So I just wanted the Board to understand what we were doing there. I would like to hear the Board's thoughts on it. Again, I don't know if there is a way we could get the toe in with room for modification later once the project starts. If we could set up a site meeting with the Trustees as it goes. Again, I think the McEvily's want to do as little as they need to do, but they don't want to come up short because if some of those shrubs start to really pull away from the bank it will then require a much more involved hardscaping structure that we are really trying to avoid. TRUSTEE BERGEN: Rob, any thought to using helix screws to obviously, as a backing system, to one retaining wall that would not create an adverse effect to the vegetation there on the bluff? MR. HERRMANN: I would have to talk to really a dock builder. The helix screws are pretty heavy duty devices. They are really Board of Trustees 39 December 11, 2013 designed to be these very large anchors that get screwed and driven into the back to hold up a very big wall. For the terracing that Pete proposes, the pipes really supply that purpose. So you would have to have really almost a bulkhead that eliminates the embankment to apply helicals. I mean it's a conversation we could have, but it's really like using a sledge hammer to bang in a finishing nail. I'm not sure how it would apply. TRUSTEE GHOSIO: I just want to make a notation here that we did make a pre-submission inspection a year ago, in December of 2012, just to kind of review the notes we on it at that time, and I do have pictures to show the erosion from Sandy certainly a lot better than this. It's going back in. The vegetation is now hiding a lot of the damage. Erosion due to Sandy suggests a row of large stones over fabric, backfill and plantings and replace creosote 6x6's with 6x6 landscape ties. That was the comments back then. I notice that of course the application is not mentioning anything about using large stones and filter fabric or anything like that. MR. HERRMANN: No, the 6x6's up at the top, the wood tie that is up there is proposed to be replaced, and there is another one that is proposed on the other side of it. We actually met down here with the DEC subsequent to your site meeting with both the McEvilys and the Wills, I believe. But prior to making the application and because of the close proximity of the existing marsh to the embankment, they did not seem inclined to allow a larger structure like that. I mean we could put toe stone of a particular smaller size right along the toe, but in order to get that two feet in the air, you would really have to slope it out. You probably have to excavate it in a little bit. And the wetlands are so close, that is what presents the problem with that kind of project here. That's why we really had the DEC come out to the site in the first place. I think you'll actually get a little taller and more efficient retention ability out of a vertical wall here than you would stone. I'm afraid I think the stone you would have to get too big of a footprint to establish to get two feet. Because you would have to occupy at least a three-foot wide area. They don't really have the room for that, then I think it would be more easily overtopped. We are trying to pin the bottom of this bank so that when they put the re-nourishment material and plants on it, it doesn't all just slough down and collapse. TRUSTEE GHOSIO: I have to tell you, using 2x12's, it's really used for small retaining walls. This is actually less than I think what we envisioned when we were taking about using large stones. So, I don't have a problem with it. I just wanted to bring that up that this process is not something that just started 30 days ago; we were there a year ago and this has been ongoing. Board of Trustees 40 December 11, 2013 MR. HERRMANN: We are aware of that. So the only question is, is there some way the Board would be willing to facilitate how we do the upper terracing if, as the contractor is going, like in those areas by the stairs, because I'm showing these sections, the 25 feet, the 14 feet, the 30 feet, it's not, I guarantee it's not going to look like that. It won't look like exactly what is on the plans. So I'm just looking if we could get some flexibility, some ability to deal with that. MR. MCEVILY: Charles McEvily. Unfortunately, I feel a little Mickey Mouse. I have a small iPhone photograph of the conditions that existed last December. And it demonstrates the way in which the wave action has scoured out underneath these existing bushes. So I feel it's sort of odd, I feel I'm trying to support exactly what this Board is doing by preserving the existing bushes. The only way to do that, because I have watched these roots get washed away over the summer, and I watched the seaward side of the bush literally die. These are amazing bushes, because the seaward side of the bush dies and it kind of moves it back into the embankment. But I'm afraid the entire bush is going to die. It was that, that Rob came up with the idea of a very small one foot board that would help cover the remaining roots to preserve. But it's almost impossible, especially, unless we went until January, and literally trimmed the top of the bushes. You can't see what you all saw last December. Which is revealed by this, with these rocks rolling down. And this erosion will occur absent these walls a little higher up on the bank. TRUSTEE GHOSIO: We do have pictures of last December in the file. That's what made me bring it up. It was a separate, distinct file. MR. MCEVILY: Thank you, very much. Because when I saw this picture, I said this doesn't show what is going on. TRUSTEE KING: I don't know how we could give him the flexibility to change things, that's all. MR. HERRMANN: The only thing I could think of, if the Board doesn't object to it, could the Board approve this plan, with the understanding that when the work starts, I mean at some point, and again, I don't know for a fact if it will be Peter Sterling, but if it is Peter, at some point before he starts driving boards, he has to know, he has to set up his job, and he can possibly, you know, set a stake here, set stake here, run a string between, and then if there has to be some adjustment, we could come in and modify the plan to reflect what he's actually going to do. TRUSTEE GHOSIO: We could stipulate that a pre-construction be done. TRUSTEE BREDEMEYER: Sure. MR. HERRMANN: Just some way to get let them get this done the right way without running afoul. TRUSTEE KING: We can do that. He can stake it out, we can do a Board of Trustees 41 December 11, 2013 pre-construction look at it and if we need to change it, we change it. MS. MCEVILY: That's great, thank you. MR. HERRMANN: And if it holds up, you are in great shape, and if at some point we need something bigger TRUSTEE GHOSIO: I'll make a motion to close the hearing. TRUSTEE KING: Second. All in favor? (ALL AYES). TRUSTEE GHOSIO: I'll make a motion to approve the application as submitted with the stipulation that there will be a pre-construction inspection showing, once the project is staked for actual construction, just to approve the actual location. TRUSTEE DOMINO: I'll second that. TRUSTEE KING: All in favor? (ALL AYES). TRUSTEE KING: Number four, En-Consultants on behalf of GASTON FAMILY, LLC, requests a Wetland Permit to construct approximately 85 linear feet of vinyl bulkhead inplace of existing concrete seawall; remove existing concrete return and construct plus/minus 15' vinyl return along inside of property line; and backfill/renourish eroded area landward of bulkhead with approximately 25 cubic yards clean sandy fill to be trucked in from an approved upland source. Located: 1875 Bayview Avenue, Southold. I believe this was found consistent. The Conservation Advisory Council resolved not to support it. Same comments as the previous two properties. These are all in line. This is the next one to the north and it's the same recommendation about unified revetment plan. Is there any here to speak on behalf of or against this application? MR. HERRMANN: Rob Herrmann of En-Consultants, on behalf of the applicant. Again, this is now the property that is the most northerly of the three, probably the most straightforward, as this is a property that has been historically retained at its face. Basically you have a sheer embankment, as you can see, that is supported by the existing concrete block seawall. There is a continuous concrete block seawall that extends farther to the north. This is a weathered wall that got severely damaged at its most southerly comer adjacent to McEvily. The only twist here is that the existing return, as you'll see on the project plan, currently extends beyond the applicant's property line to the south and on to the McEvily property. So when they are placing a new return, that return will actually move to the north, inside the applicant's property line, which will shorten up the overall length of the wall a little bit. Otherwise, again, this is probably the most straightforward of the three to the extent that we are just dealing really with the historic condition of the hardened shoreline and just seeking to maintain Board of Trustees 42 December 11, 2013 that existing condition. The other change that, right now, because of the concrete, there is a set of recessed stairs in the center of the wall, and that will be replaced by a simple set of timber steps that will go down off the top of the wall. If the Board has any questions, I'm still here. TRUSTEE KING: The field notes were okay as submitted, but what about a non-turf buffer behind the bulkhead, Rob? MR. HERRMANN: Do you want to go with ten feet, consistent with the others. I thought I had put a ten-foot non-turf buffer. TRUSTEE KING: No, you have 15-foot disturbance, but no indicated buffer. You thought I wasn't paying attention, didn't you. MR. HERRMANN: (Perusing). You are correct. I try to dot every "i," but occasionally TRUSTEE KING: Ten foot is all right with me. The rest of the Board? (Affirmative response). Does anybody else have any other comments? (No response). I'll make a motion to close the hearing. TRUSTEE BERGEN: Second. TRUSTEE KING: All in favor? (ALL AYES). I'll make a motion to approve the application and there will be a ten-foot, non-turf buffer, landward of the new bulkhead. TRUSTEE DOMINO: Second. TRUSTEE KING: All in favor? (ALL AYES). TRUSTEE BERGEN: Number five, McCarthy Management, LLC, on behalf of 850 PRESIDENT LLC, requests a Wetland Permit to construct a 30'x59' single-family dwelling with drywells; proposed sanitary system landward of dwelling; and driveway. Located: 7165 New Suffolk Road, New Suffolk. This was reviewed under the LWRP and found to be consistent, provided that the Board consider the following: A permit condition that a non-disturbance buffer be established along the four-foot topographical line. And then in the next recommendation, the Board establish a 25 foot non-disturbance buffer landward of the edge of wetland where practical, because this is adjacent to Schoolhouse Creek. And further recommended the driveway be designed to pervious. The Conservation Advisory Council resolved to support the application with the condition the dwelling is compliant with FEMA and the sanitary system complies with Health Department. We do have one letter that was just handed up here, dated the 11th of December, from Michele Chaussabel. I'll stipulate that this will be entered into the record. And since she is Board of Trustees 43 December 11, 2013 standing before us here, I'll allow her to make some comments. Before you do that, the Board did go and look at this. We do have a notation from the Building Department. This proposed structure will require a building permit prior to being allowed to be done. So with that, is there anybody here to speak on behalf of or against this application? MS. CHAUSSABEL. Yes. Michele Chaussabel. My property is adjacent to the property where the building is proposed. First, may I ask you what exactly is a buffer? TRUSTEE BERGEN: A buffer is there are two buffers. There is a non-disturbance buffer and a non-turf buffer. What is being discussed here is a non-disturbance buffer. That is an area where the applicant will not be able to make any changes to what is there presently. It has to remain undisturbed. If it's a non-turf buffer, it means it could be disturbed but there is not allowed to be turf maintained in that area. MS. CHAUSSABEL: So the buffer would be behind their house, between their house and the wetlands. TRUSTEE BERGEN: That is for consideration here tonight, yes. MS. CHAUSSABEL: Okay. I have three issues. The first is very small. My dwelling is listed as using public water when in fact I have a well. And my other two issues also concern water. Underneath my house I have been told, and I have seen it, is a stream that runs from the school house, on the other side of my house, down to the creek. In times of heavy rain it becomes almost a river, and my basement has to be pumped out constantly. Now this would also apply to the proposed building because that's where the direction of the stream is. So they would have this water situation also. Now, my concern for my property is that if they build a foundation and a cellar, the water will then backup and make my situation even worse than it is. That's one part of the water. That's from below. There is also the fact that the water comes in from the creek during storms and hurricanes and things like that and comes on to my property and also this neighboring property, comes right up. It comes well up past the designated wetland area. In fact, a couple of times it has come almost to my foundation. And that was up until Sandy. Come Sandy, my house was completely surrounded by water and the basement was completely filled with water. I have installed a generator which I hope will help this out in the future. But the fact is this is an area where there is water very often. And I would like that to be taken into consideration when this property is built. I'm afraid that if there is any fill, like even the fill taken from what they dredge off to make the foundation, that that will make that property slightly higher and I'll get even more water on my property, which is already very watery. Those are my concerns. TRUSTEE KING: Thank you. TRUSTEE BERGEN: Thank you, very much. Board of Trustees 44 December 11, 2013 MS. CHAUSSABEL: I want to say this property, 1 have been there for 35 years, and Mr. Fudjinski has bought the property after I moved there, after a couple of years, and at that point said he had no intention to build a house on the property. He only wanted it to be used for a dock for a boat. Thank you, very much. TRUSTEE BERGEN: Thank you. Is there anybody else here who would like to speak for or against this application? (No response). Is there anybody here from McCarthy Management? (No response). I can tell you my own perception of this going out there. I'm very concerned about what is proposed here in that this is an undeveloped piece of property. It is very close to the wetlands. And what is proposed here for us tonight is a 30'x59' footprint. So 30x60, just estimated, 30x60 is 1,800 square feet, times two if it's a two-story structure. I think you can see what is proposed here is potentially a very large building, and for me, I'm very uncomfortable to approve here tonight this large a footprint on this small a piece of undeveloped property. I realize when I use the term "small," it's a very large piece of property but only a small segment of it that is capable of being developed. Much of it is wetlands or immediately adjacent to wetlands where we would require some type of non-disturbance buffer. So for myself, I would propose to table this application and ask the applicant to come back to us with a scaled-down proposal. That's just me. I open it up to other questions or concerns from the Board. TRUSTEE KING: I agree. I'm uncomfortable with this. This is just the initial stage of this property and I think it's premature to issue a permit for anything like that right now. TRUSTEE BREDEMEYER: Also in tabling it, I would like to request we request the applicant in the meanwhile to give us a corrected survey indicating the water, proper water supply of neighbors because they'll need that for going to the county Health Department. That will set the stages for that. And I, too, am concerned about the size of the building envelope and if there are groundwater concerns that maybe should be a profiling or engineer report concerning the soil there. I don't know if we even want to go so far in the future to consider a report from Soil Conservation. Because if there is an underground stream and the conditions in the neighborhood are well known, the people who live there, we certainly would not want to have we would certainly want any house there to take into consideration soil conditions before we would start impacting neighboring properties from subterranean water flow. TRUSTEE KING: Like if they try to dig a foundation, they'll strike water. TRUSTEE BREDEMEYER: Exactly. Board of Trustees 45 December 11, 2013 TRUSTEE GHOSIO: I don't know if going to be any more different than the house next door. TRUSTEE BREDEMEYER: Probably not. TRUSTEE GHOSIO: But I think Jim had mentioned the idea of maybe not necessarily specifying a particular square footage, in this particular case because this house may not actually be end up what is being built, but giving him a building envelope to work with. TRUSTEE KING: I think it's premature right now to even move on this at all. TRUSTEE BERGEN: Question, Michele. Where on your property is your well? MS. CHAUSSABEL: I think it's directly behind my house. TRUSTEE BERGEN: Okay, so you are not exactly sure where it is? MS. CHAUSSABEL: No. That's where the pipe comes. TRUSTEE BERGEN: Okay, when you say in back of your house, between your house and this proposed footprint of the new house, someplace in there? MS. CHAUSSABEL: Someplace in there is the well. My basement is tiny. It's basically a cistern sort of thing. It's a very old house. But you could see from my house when you go in the cellar where the pumps are, you could see the level of the water. It's very close to the basement floor at all times. When it rains, it's above it. TRUSTEE BERGEN: Okay, if there are no other comments, I'll make a motion to table this application. TRUSTEE DOMINO: Second. TRUSTEE KING: All in favor? (ALL AYES). TRUSTEE BREDEMEYER: The next application, number six, Samuels & Steelman Architects on behalf of EILEEN & VINCENT J. FLAHERTY requests a Wetland Permit to construct an addition to an existing residence with renovations and reconstruction of portions of the existing residence with an addition of a subsurface drainage system for rain water runoff for the residence and the existing driveway. Located: 470 Inlet Way, Southold. This is a resubmission. After last month's hearing the application for a demolition was withdrawn at that time. The application we have submitted here today has been deemed inconsistent by the LWRP coordinator. The concerns being protect and restore tidal and freshwater wetlands. The specific reference is made by the LWRP coordinator that the ZBA issued a variance for the action in 2012, number 6583 on the plans that do not match those submitted to the Trustees office which were dated November 14th; specifically the drywells are were located outside of the FEMA AE elevation six flood zone on the ZBA. Now two drywells are located within the zone and all the drywells are 8'x2' instead of 8'x4'. The shallow drywells are not a negative change but should be noted. In addition, two leaching Board of Trustees 46 December 11, 2013 pools are shown on the latest submission. This is new information. The plans do not also include past wetland permit conditions as specified in a 6469, which included a 15-foot wide buffer located on the eastern part of the property. The buffer should be shown on the plans submitted. The permit also requires maintenance of existing native plantings, however vegetation onsite may have been lost due to the effects of storm referred to as Sandy. The location where this condition applies cannot be determined. The town's Conservation Advisory Council voted to support the application with the condition that the roof drains from all structures be directed into drywells, and that the new structure should be FEMA compliant. There is also copies of Zoning Board of Appeals approvals in the file as well. Is there anyone here who wishes to speak on behalf of this application? MR. SAMUELS: My name is Tom Samuels, I'm the architect. Also my client Eileen Flaherty is here, and some others. I would just like to just review a history of the project. The house has been there for many years, probably from the mid-fifties. We have submitted all of the COs of course to the Zoning Board of Appeals, which acted on this. About two-and-a-half years ago we came into this Board and got a permit for essentially the same project that we are here before you tonight on. After that, this was before the Trustees had decided that projects had to go to the ZBA first. So afterward we went to the Zoning Board of Appeals, and in two actions with them got permits, sorry, relief variances, to do essentially what we are proposing again tonight to do, which is to renovate the house, partial demolition, renovation, by the town's definition of demolition. We had to go back to the ZBA to ensure that COs in the attached accessory structure are valid. So we eventually did get the variances in place that we needed. We then went to the DEC and got permits for essentially the same application that is before you tonight. We then went to the Department of State in order to get relief from the required two-foot freeboard is which is attached on top of the FEMA requirement, required base flood elevation and received that variance from the Department of State of New York. And then finally we went to the Building Department. We had already met with the Building Department, they were aware of the project from early on. We went back to the Building Department and got a building permit to do essentially what is before you tonight. Unfortunately, in that period of time, two years until after we got the building permit, we inadvertently allowed this permit from the Trustees to lapse. Construction nevertheless had begun, and at that time we found some inconsistencies with our expectations and considered some other options, but are here tonight to say we would rather go back to the original permit Board of Trustees 47 December 11, 2013 that was granted by this Board two years ago, to do the project for which we have a building permit and for which is in construction as we speak, although the construction is halted, of course, pending this action tonight. As far as drywell locations are concerned, I think you guys are aware of Jamie Richter's involvement with drainage in this town, and his involvement having to do with exact location and size of all leaching pools. We are flexible as far as leaching pool locations are concerned but do have some other oversight in that matter from the Building Department and Town engineer. But we'll do whatever we can do accommodate your concerns about the location of drywells on the site. In the two years since you originally authorized this permit, nothing has significantly changed on the site. I mean Superstorm Sandy happened, but the house was not flood in that event. Whatever landscape was damaged as noted by the Conservation Advisory Council we are simply willing and able to restore. But otherwise nothing has changed on the property or in the code or in our intentions for this project. So we are here merely today to ask for exactly what you granted us two years ago, so we can finish the project which is under construction and already begun. And hopefully you will understand the hardship involved in having an open construction site prominently displayed on the board and how my clients are impacted by this, by this cessation of construction, as is the general contractor, Seifert Construction, who is here tonight as well. So, as I have said, time is somewhat of the essence. We are hoping against hope to salvage the season. This is a very important piece of property to my client. They spend a lot of time here, and this couple of months that we have had to spend in order to get this project going again has taken time away from their occupancy of the house in the spring or summer. So I'm here, as I say, to answer any questions, and we have some additional people here, if required, to speak. TRUSTEE BREDEMEYER: Question for you, Mr. Samuels, real quick. You used the term "leaching pool" and the "town engineer." Were you referring to the drywell drainage? MR. SAMUELS: Yes. TRUSTEE BREDEMEYER: Because there are two leaching pools on the recent submission which I think currently referring to the terminology when it refers to the sanitary pools. I just wanted that clarification. MR. SAMUELS: Those are existing, where the others are proposed. And the location of the proposed roof runoff and surface water runoff systems are flexible, but we are constrained somewhat by (a), the location of the public water system which is already installed in the driveway and has become a little clearer to us exactly where that is, and of course by the oversight of Jamie Richter who needs to authorize these and did authorize these as Board of Trustees 48 December 11, 2013 part of the building permit process. TRUSTEE BREDEMEYER: I guess some of us, myself in particular, are very concerned about the surface water quality in the town and albeit I know there is a history of permits granted prior by this Board, and actions and the withdrawn application last month when we were in the process to hear the condition of a permit on Suffolk County Health Department approval. One of my major concerns is that Cedar Beach Creek was one of the first critical environmental areas that this Board in its individual capacity designated by the Trustees as one of the first in the county or in the state. And that the Cornell Cooperative Extension Marine Program Public Facility at Cedar Beach produces between 20 million and 50 million shellfish every year, and that house renovations and reconstructions adjacent to our waterways can have negative impacts. Particularly we have a new requirement, of course, that you amply discussed with subsurface drainage, where we are now probably protecting the creek from surface runoff of rainfall, but now we are pushing it all into the groundwater on a property that is very small for which has some sort of a sanitary system for which we have no engineering specifications on. There is no prior history from the Suffolk County Department of Health Services that we could ascertain through the town building records and so that we are being asked to approve an application where we don't really know what is in the ground. We are actually pushing more stuff in the groundwater, and we have a public facility here which produces shellfish for Southold, Southampton, East Hampton, all the east end towns. And so I think with that in mind, I have to disclose I had a discussion with you, as a design professional, and I was trying to advance the notion that I understand and I believe it's accurate to say that depending on the nature of the application you may be totally extra-jurisdictional from the county Health Department but nonetheless I'm very concerned as someone who has spent maybe about 300 hours sampling surface waters, particularly in the Cutchogue Harbor area and down in New Suffolk where we are trying to get shellfish lands open. And I have a bit of experience in bacteriology, so say what you will, I have a real concern, without more information, concerning the water quality here and what is going on in the ground. And it is to the credit of Trustee Domino who said, gee, where is the sanitary here. I'm really concerned, with all the good things we think we are doing by pushing the roof draining into the ground, that may be the place we don't want to have the roof drainage for this particular site, and maybe this site is one that we should take possibly a better look at the subsurface disposal system for sanitary waste, and that maybe a design professional should consider the totality of what we are trying to do in the ground here, particularly since this is peninsula, it's a peninsula, and it points right in the entrance to this Board of Trustees 49 December 11, 2013 very important waterway where we have a very huge commitment, millions and millions of dollars of a shellfish hatchery facility. I see the voluminous paperwork here and I'm very concerned what the applicant must feel hearing this at this point, but I think it's a very important thing for this town to not only protect this critical environmental area but also that we take a measured approach in this particular application. I generally feel most of these issues with the waste waters and sanitary density base but I think this is a situation here where it's different because of the physical siting. I'm concerned, I don't have the answers, I don't feel comfortable voting on an application without more expert opinion. I have had 35 years in public health with the county, I feel even myself at a loss to come to a decisions to vote on this application because I don't have the information base that I would feel satisfactory moving the application forward with; I believe would undermine some of my own work that I'm doing with the town and I know the work of the Trustees historically. So I just wanted to share that with you. I don't know how the other Trustees feel. MR. SAMUELS: As you say, if I'm permitted to speak, we did speak yesterday, and I thank you very much for that conversation. And you gave me some interesting insight into some of the other systems that may be available. And I took the opportunity to do a little bit of research on it. It has not been very long, of course, since that conversation, and I spoke with Ed Lyons at the health department about the infiltrator systems and the galley systems that you suggested, and the insight he was able to give me was (a), they are not systems that are generally, that are part of their regulations, and that it would absolutely involve the Board of Review in order to get permits to do those kinds of systems, if they are appropriate for this area. You also led me to believe there were some maintenance issues for both of those systems which involve the homeowner in terms of making sure they are operating properly and that that was something that the Health Department themselves was quite concerned about. He also described the situation where they would probably take more site area would have to be devoted to either an infiltrator or galley systems than a conventional system would, and of course our site is extremely restricted in area and my concern would be that we would end up digging up the entire site in order to install such a thing, at a huge cost, I must imagine, and also in some kind of contradiction to permits we already have from the DEC. So we are interested in this approach but we feel that this particular application is not the place to have this imposed as any kind of condition. We met with the Building Department early on and were informed, as we knew, from all the experience of the town, all our experience in the town, 25 years' experience that I Board of Trustees 50 December 11, 2013 have here, as a practicing professional that when a renovations project does not involve increasing the number of bedrooms that the Health Department in Southold Town is not required to be involved. And that has never been any different in any of my experience working in Southold Town. We are very concerned about the time delays that might be part of this. As you can see, we are in construction, and to be stopped at this point, not because of anything you guys have done but because we inadvertently let a permit lapse, and now to have to go back and basically change our entire, approach to the project and our approach to how the site is going to be handled, we feel is not consistent with the kind of oversight that you generally give projects of this sort. We basically are back for the same thing we were here for the first time, and nothing has changed. Cornell has been there a long time. This did not come up the first time around. We were given the permit, and on the basis of that permit all other permits, because the first permit we got was from the Trustees, we use that at the ZBA which required us obviously, at the DEC and also the Building Department. So I will just reiterate, yes, it's an interesting approach and I understand and my client certainly understands your concern, I'm not denigrating it in any way, but we are here tonight for a very simple matter to have reauthorized a permit which was previously granted to us. TRUSTEE BREDEMEYER: Another question I have. Did you have an opportunity to, in your discussion with Mr. Ed Lyons of the Suffolk County Health Department, to discuss any jurisdictional claim they would have with respect to board of review. In other words, as a person who would give you professional advice, he gave you some, did you discuss the jurisdictional aspects? MR. SAMUELS: He suggested that it looked like Board of Review all the way. Especially for the extra systems, but the site in general. TRUSTEE BREDEMEYER: Right. But I think we have to be honest with ourselves, or at least I have to be honest with myself, and correct me if my understanding is wrong, the fact is if the county Health Department does not exert its jurisdiction over existing buildings, which was the demolition, this Board was properly within its right to send this to the Board of Review. So if we are going to try to work through this avenue of providing proper protection for the environment, then we have to find an avenue where the extra-jurisdictional quality improvement to the sanitary system by a design professional is a possibility for this application, and not just have a very large house show up that could be further damaging to the subsurface water quality. And I'm concerned about pushing all the roof runoff here, it might be pretty clean stuff and maybe it should be allowed to go into the ground. Here is a possibility. We have a very capable environmental engineer, Michael Collins, now, who Board of Trustees 51 December 11, 2013 works at the town level. His department obviously is looking at the subsurface drainage. Would there be a possibly that you could work with him into developing an upgrade to the sanitary system. We don't know what is there. Maybe it's in ground water, maybe not; to come up with something that would provide some protection and maybe allay some of our concerns. With what the applicant has been through, I personally don't want to delay the application. I made steps, I had made some suggestions we could move it expeditiously if he has a design professional that could come up with something that meets some of those requirements. MR. SAMUELS: Would that not require us to go back to the DEC though, and I mean other agencies; it's just messing with the structure of the permits we have in place. We literally had everything in place here. And yes, due to, I mean and, Jay, I understand where you are coming from. But my objective is simply to reinstate a permit which we already had. And nothing has changed here on this site. It's the same situation that it originally was and it somehow seems prejudicial to now have to go talk to the town engineer, which will create issues with the county presumably, and with the state, and presumably also with the Building Department. We are just going around in a lot of circles. TRUSTEE BREDEMEYER: I understand. Rather than getting information on how systems function, if the county is afraid of having a model sewage ordinance for rebuilds, it simply will not happen. It's not politically palatable. I don't think any county agency is going for it. If this Board of Trustees doesn't stand up to even a modicum, at least my point of view, individually, if we don't stand for protecting water quality in these instances and we perform the same walkaway that the county is in this particular instance, we are probably just letting everything go into a black hole and someone will show up again with backhoe, and put another 4'x8' ring right into the ground water and we are none the better. And the same thing goes, I don't think there is maybe the political will at the Town Board level to have a model sewage code, I don't think necessarily the Town Board would want to have additional inspections there. If we don't pick a few of these that are potentially difficult and ask the questions and have our questions answered, I consider I'm not doing my job, I might as well go home. MR. SAMUELS: And certainly, yes, you should do that at some point. I would just ask you not to do it on this project. This project was granted a permit already, and if there were a project that came in for the first time and/or that somehow you felt this was the one, but here, we are in the middle of a stream and to change horses is going to be just very, very awkward. We'll be sent back to the state, I know it, at that point, and it's a variance from the DEC, I know it would have to Board of Trustees 52 December 11, 2013 be. TRUSTEE BREDEMEYER: I think that's true. The Cutchogue Harbor Marina is interesting, and I don't want to go into too many details, because the surface water quality issues and concerns there, I saw the Cutchogue Harbor Marina, in a proposed expansion, put in, had gotten approval from both DEC and county on a very extensive review for the infiltrators. And there is no question that they are and the Trustees as well so there would be the model there. I guess what I'm leaning to is are you on behalf of the applicant or you as the applicant for the property owner, are you willing to revisit the sanitary and come up with a commitment that if we were to stipulate an approval so you could go forward, that you would take those steps necessary to work with the town engineer on the subsurface drainage without impinging on an upgraded sanitary and you would go through the process with the Suffolk County Department of Health, if they were going to impose their jurisdiction, but certainly with the DEC and you as a design professional or others. I'm just, a willingness, in other words to move it ahead with but with a stipulation that there has to be some consideration for inground sanitary and water quality. MR. SAMUELS: The difference is with Cutchogue Harbor Marina is that it's a marina. It's a commercial facility, which probably has a hundred boats in it and a hundred people coming every day to their sanitary system and taking showers and doing whatever they do there. I mean obviously that project would warrant your kind of concern and oversight. In this instance, it's a single-family house that has been there forever. We have met every requirement. I mean you talk about a black hole, for you guys going down a black hole, I feel you are sending us down a black hole of oversight from the state, county and town where none was required two years ago. And please tell me what has changed in that time. Because I don't believe anything has changed except for our inadvertent lapse of a permit, which I take responsibility for. But beyond that, nothing has changed here. And I don't believe this is the project to take a stand on, you know, saving the water quality in the town. If you want to save the water quality in the town, well take the road runoff that is coming from every dead end road in this town and do something with that, because that's going straight into the bay, and every dog that goes out there, it's not even going underground. It's literally going into the bay. So this is not the project. I don't believe this is the project to make a stand. This is a project that was granted by this Board; most of you, I think were on the Board at the time. Nothing has changed, except the fact that we are now in construction and there is no going back. They can't live in this house. And to have to go down that road is an open-ended time delay that we can't just afford. We simply can't afford it, and I think it's prejudicial Board of Trustees 53 December 11, 2013 to impose upon us at this time. I invite anybody else from my client or whomever else among us would like to continue. TRUSTEE GHOSIO: Let me take I would like to say something before we go any further. I understand and am sympathetic to the concerns that Jay is bringing up, as I've said in one of the other applications today, sanitary conditions and the issues with the groundwater and surface waters has been a concern of my mine all along. It's been a slow process to get people to start to recognize that. Things are happening, people are beginning to realize, particularly out in Orient, we've had lots of discussions and doing some studies and things to try to make that better. I think what you bring up about the Health Department's lack of support for some of the new types of systems, maybe lack of support is the wrong way of putting it, but they are not willing to stamp those yet or get on board with that, is indicative of some of the questions that are still out there in how to address it. We know we have a problem, we are just not sure how exactly to go about it. I'm of the opinion that, yes, I happen to side with you, I think it is something we need to address in one way, shape or form. I'm not so sure this is the place to take that stand, again, because we did approve a permit on this in the past. That stipulation was not there. As far as I'm concerned, at least in the way that our code is currently written, I don't see us having to make this a condition in order to issue the permit. I'm not so sure if it's fair. That being said, I just want to make a note that I do understand and support the need to address these issues. I'm with you, I'm just not so sure this is the right thing to do. It seems to be unfair. TRUSTEE BREDEMEYER: Here is what I would like to question my fellow members of the Board. How can you vote an application when you don't know what actually is happening in the groundwater? In other words you basically, we don't really know what is going on in the site with respect to groundwater. This specific provision in our Wetland Code which would allow for an independent review of such things specifically with regard to the hydrological and drainage analysis, and more specifically the discharge of any pollutants as a contributing to surface or groundwater of the resource area. The question I have is, a line drawing that just says, you know, leaching pools, that doesn't really tell me what is going on with the hydrology of the groundwater, and it is a specific provision to get more information under the wetland ordinance. My suggestion was the design professionals work to develop a system that is as best as they can with available control technology. I'm hearing an argument here for simply doing nothing and not even using the tools at hand that we have in the code for proper investigation. That's, I guess that's where I'm going on this one, particularly Board of Trustees 54 December 11, 2013 because of the Cornell Cooperative Extension shellfish facility there. I'm going to stand on these comments. I appreciate, I understand what people were saying, but I think this is one that we have to be careful with. TRUSTEE DOMINO: I would like to add to the point that we don't have enough information. Something that is confusing to me about this, and that is that I count 15 drywells to handle the roof. 15 because there are eight foot by only two foot deep. Someone knows something about the depth of the groundwater there. Because it obviously it would be beneficial to have only eight if there were four-foot deep. So why are they so shallow? The inference is there is not great depth to groundwater. I see a test hole here that indicates water in the sand is only 20 feet from the designated wetlands. I have a real problem understanding that. And to clarify my point, there is no indication here on how deep these two leaching pools are. They could be quite shallow or quite deep and in that water. So I think Trustee Bredemeyer is just asking for a little more information, and so am I. MS. SAMUELS: A lot of those drywells are not for roof runoff, they are for surface runoff. Along the driveway, for example, they are not connected to the roof downspout. They are just connected to that basin. So basically in this town any water that falls onto a piece of property has to be taken to underground. And so most of those drywells have nothing to do with the roof. They have to do with the surface area and permeable driveway; a permeable driveway, but nevertheless we need drywells for it. TRUSTEE DOMINO: That point is correct. The calculation is done for one or two-inch rainfall is how you base the number of pools that you need. And the number of pools here is great because there is very little depth to water. MR. CHICANOWICZ: Dave Chicanowicz, Creative Environmental Design. I have been maintaining and doing most of the work for the Flaherty's for the past eight to nine years. So I know the property quite well. I'm there with crews or myself physically each week if not every two weeks. So I have observed all the conditions of that property as it has been for the last eight or nine years, with no problems at all. I mean there has been zero problems at that place. There has never been overflowing septic, there has never been a drainage problem from roof runoff. That property has been pristine from the day I have been on the property. So giving you a little bit of firsthand history, I foresee absolutely no problem in letting them do it. The house is not getting to be twice the size. I think there is a small square footage increase, but it's being renovated to be upgraded to current standards, I mean, to make it a little more modern than it was, because it needed a lot of work. And that's all Board of Trustees 55 December 11, 2013 they are looking to do is to renovate and keep everything as is. But there has not been any problems. So, thank you. MS. HOEG: Good evening. Karen Hoeg from Twomey, Latham, Shea, on behalf of the applicant. While we appreciate the comments regarding the sanitary and the concerns, I think we need to keep in mind that this was a permit that expired due to an oversight, and to impose any conditions of having us now go to the Health Department, which would ultimately require us to go to Board of Review, would be extremely prejudicial to the homeowner and it would be extremely costly as well as unfair for all these local contractors that have now been at a standstill on this job. I don't think the Health Department, in my dealings with them on these alternate systems in situations like this are totally sold on alternative designs, especially when there is any kind of maintenance required by the homeowner. And I think the fact that this is a renovation and not a demo, deems it the type of application where the concerns over the sanitary should not come into play. I also think that your own building inspector, the state, the DEC, as well as the ZBA, have all approved this without any conditions of requiring Health Department approval, and I think that needs to be taken into account. I know there will be many more projects that come up in Southold where the time is to take a stance on the sanitary issue, but I don't believe this project is one of them. And I don't believe that the fact that this permit had expired back in August of, a couple of months ago, would require all these new conditions placed on it in terms of any Health Department. TRUSTEE BREDEMEYER: Thank you. TRUSTEE BERGEN: Thank you. I have a couple of questions for the applicant. Tom, on the original permit that was approved, we heard earlier apparently it was a 15-foot non-turf buffer on the eastern side of the property. Is that something you would be willing to MR. SAMUELS: Of course. TRUSTEE BERGEN: Okay. The second question, it sounds like it was also noted, I believe on the LWRP review, that the drainage system that is proposed now is different than what the drainage system was that was originally approved. MR. SAMUELS: In very minor terms. It has to do with the separation between the existing sanitary system and the leaching pools. And so we will work with, I mean those leaching pools, all the surface drainage is not installed, and minor modifications of that to your satisfaction are not an issue, as far as we are concerned, as long as we can satisfy the other agencies as well, meaning Jamie Richter, particularly. Because he had a look at this after you did. Now you guys are sending things to him first, I believe, or at least you are talking about doing that. But that has not been the case. It was always Board of Trustees 56 December 11, 2013 you go to surface drainage situation because the chapter came later. So, it happened during the building permit application phase. So minor modifications were made at that time. But believe me, they were not done in a way or intended, we didn't increase the number of pools. We just shifted slightly in order to satisfy Jamie. But we'll talk to Jamie Richter if we need to in order to satisfy where you and me both can agree. TRUSTEE BERGEN: No, you've answered the question that I had. I just want to get those housekeeping issues on the record. For myself, I also very much appreciate all the issues that Trustee Bredemeyer has brought up pertaining to the importance of the surrounding waterways, and the proximity to Cornell I think is significant. I wish that all this had been brought up in the original permit application, and probably if it had, it would have been addressed then. I think it is incumbent upon this Board to take into consideration these factors, and this Board does have the opportunity, when it's made available to it, to change past practices and maybe move forward in a more positive, in my opinion, more positive direction environmentally, to deal with these issues. But in this case, what sways my decision here tonight is the fact this was previously approved by this Board, you are coming back and you are asking for the same thing. We have suggested, obviously your client has heard all the comments that have been made both last time and tonight here, and so, you know, I would urge your client to consider everything that has been brought up tonight. But for myself, I don't see where this particular application at this point in time, or this particular project at this point in time, should be the one where we stop it in order for all these changes to take place. If this was two years ago, if we could turn back the hands of time, I would say absolutely, back then this should have been addressed. But for myself, and this is just myself, I don't think this is time right now to do that. TRUSTEE BREDEMEYER: I would just like to add something. The fact is that the initial permits that were granted for the activity did include all the current members of this Board, and so that boards do change and the notion of what our public responsibilities are do change. What I just, I guess I would feel more comfortable with, if we could get assurances from the applicant that they would move forward with some kind of upgrade, to do the same thing for their sanitary, which I presume might be in ground water and I'll say I think it is, because you have now shown me otherwise do the same thing to the sanitary that has been done to the roof drainage. The two-foot deep pools clearly indicate to me the town engineer's requirement, those pools have to be above ground water so there is filtration and so they don't become infested with insects and rodents. Now, those standards for the drywells are clearly Board of Trustees 57 December 11, 2013 indicative of the ground conditions as stated by Trustee Domino. And so site unseen, we don't know what kind of junk is in the ground in that sanitary system, in the groundwater, within about 40 feet of surface waters, on a system that is historically old and outdated. Without the assurances from you and your applicant, when the surface water quality tanks in Cedar Beach, I want it known on the record that when we can't take shellfish out of the facility that is funded by state and federal and county and town money, and we can't put it throughout this estuary because it's closed to shellfishing, I want it known that that is what I said tonight. TRUSTEE KING: I would like to move this along. Are there any other comments? MR. SAMUELS: I just want to say, we have taken it under advisement and we take it seriously and we have talked about making the situation better there and we'll definitely continue to study this. TRUSTEE BREDEMEYER: I'm holding the current hearing matter. Is there anyone else who wishes to add some comments or concerns? (No response). Hearing none, I'll make a motion to close the hearing in this matter. I sense that the Board is not going to support my move to get additional engineering information, so I'll hand the file off to someone who wants to move this. TRUSTEE BERGEN: Is there a motion first to close the public hearing? TRUSTEE BREDEMEYER: I move to close the public hearing. TRUSTEE BERGEN: I'll second that motion. TRUSTEE KING: All in favor? (ALL AYES). TRUSTEE BREDEMEYER: If anybody wants it, you can have the file. TRUSTEE BERGEN: Does anybody want to make a motion on this? TRUSTEE KING: We have heard a lot of testimony here on this. I myself would be very uncomfortable to hold this project up, because it's been previously approved. Even though it's a different Board, most of us were on that Board at that time. So I would make a motion to approve this application, and I agree, we have to do something with our water quality issues, but this project, to stop at midstream, I just can't do that. So I would make a motion to approve this application. Those 15-foot non-turf buffers were put in before on other work that was done and they are still an established buffer that needs to be there. It doesn't have to be part of this permit. That's my motion. We can put it in the C&R's because we didn't do that before. TRUSTEE GHOSIO: So make it part of this permit. TRUSTEE KING: All right, I'll make it part of this permit for a 15-foot buffer from the original permit that would now be put in the covenants. We'll have a roll call vote. Board of Trustees 58 December 11, 2013 TRUSTEE GHOSIO: Second. TRUSTEE BREDEMEYER: I would like to have a discussion on the second. I'm very disappointed that this Board is not willing to seek information. That's a disappointing point in my career as Trustee. I have been here for 14 years. I just want to state that for the record. TRUSTEE KING: Are there any other comments? (No response). We have a second on the motion. We'll have a roll call vote. Trustee Domino? TRUSTEE DOMINO: I'll vote no. Again, the presence of 14 or so drywells tells me there is things going on here that we need to know. TRUSTEE KING: Trustee Bredemeyer? TRUSTEE BREDEMEYER: No. TRUSTEE KING: Trustee Bergen? TRUSTEE BERGEN: Aye. TRUSTEE KING: I'm going to vote yes. Trustee Ghosio? TRUSTEE GHOSIO: Yes. TRUSTEE KING: Motion carries. TRUSTEE DOMINO: Number seven, Jeff Patanjo on behalf of JC MILLER MANAGEMENT requests a Wetland Permit to remove and replace 77 linear feet of existing deteriorated timber bulkhead with new vinyl sheathing bulkhead with a two-foot wide timber top cap; and provide a ten-foot wide non-turf buffer along the landward edge of the bulkhead. Located: 5675 Mill Road, Mattituck. The LWRP coordinator found this to be inconsistent, the reason being it was, the structure was, the bulkhead that is, was not constructed with a Board of Trustees permit. TRUSTEE KING: That's inaccurate. That determination is inaccurate, I have to say. TRUSTEE DOMINO: I'm just reading from the comments. TRUSTEE KING: I know. TRUSTEE DOMINO: Moving on, the Conservation Advisory Council voted to support this application. The Trustees visited the site on the 7th at which time it was a note that during heavy rains that this particular site is subject to storm water runoff issues. Is there anyone here to speak to this application? MR. PATANJO: Jeffrey Patanjo on behalf of the applicant. This is to remove and replace the existing bulkhead. And we are providing a ten-foot non-turf buffer along the base of the bulkhead. TRUSTEE DOMINO: Duly noted. MR. PATANJO: Other than that it's remove and replace in the existing location. TRUSTEE DOMINO: The Trustees recommended a silt boom be in place during construction. Board of Trustees 59 December 11, 2013 MR. PATANJO: That's part of the DEC permit, which I have already, actually. I got that this week. I have a New York State DEC permit in hand. Same exact plans I submitted to you. TRUSTEE KING: Do you know any of the history of this piece of property? MR. PATANJO: The only history I know is Mr. Miller's company had purchased it from the town and part of his stipulation in purchasing the property is he had to replace the bulkhead, which he is doing. TRUSTEE KING: Mr. Miller is here, correct? Do you know any of the history in this piece of property? It's kind of interesting. MR. MILLER: I believe it's the base of the old bridge? TRUSTEE KING: No, in 1935 or 1936 MR. MILLER: I was just born then. And I'm older than you. TRUSTEE KING: It's before my time. George Nagels owned the old mill, and he requested from the Trustees to deed him that property. That was underwater land where that bulkhead is. So the Trustees deeded that to George Nagels on the condition he build a bulkhead there. So the bulkhead was built and then Mr. Nagels transferred it to the town. And he stipulated that that could only be used for recreational boats, and the town had to maintain that bulkhead. And pretty recently, in the last few years, it was left vacant basically, and then the Coast Guard auxiliary used that for quite a few years as a place for their boats, and after they left it was used by Cornell Cooperative Extension as a grow-out place for clams and rafts, and then the town decided it was surplus property and put it up for bid. And that's how you bought it. MR. PATANJO: That was just to make you replace the bulkhead again. TRUSTEE KING: So now the bulkhead is being replaced and the only thing, we did a watershed analysis in Mattituck back in the '90's, and that site was one of the sites they felt something should be done with the road runoff. Because if you go up to the west where Nagels Drive circles around down, the owner of the property just north of that bulkhead where the Captain Bob ties up, Captain Bob complained to the town, water from Nagels Drive was coming down their driveway onto the property and eroding it. So the Highway Department put an asphalt small berm alongside of the road, so that directed all the water down the road toward the old mill. And there are drywells on the west side of the road and there is also a pipe through the old mill bulkhead just south of you. So what happens, in the heavy rain, the drywells get full, the pipe can't handle it, and water sheets across the road and goes across your property and into the creek. So sometimes you have a real problem there with road runoff. It just sheets across. So there is the story of that piece of property. Board of Trustees 60 December 11, 2013 MR. MILLER: Are you suggesting I engage in attorney and sue the town to control their water? It's their water. MR. PATANJO: I think the non-turf buffer will alleviate some of that problem. TRUSTEE KING: I don't know what will happen. It's horrendous sometimes. We've looked at different ways to try to solve the problem. There is really no place to do anything for drainage. MR. MILLER: You have a severe hill there. I don't know that it's curable. Dig up the road and fill the road with drainage. TRUSTEE KING: It's something to think about. But that's the story of that property. It's really interesting. I did a lot of history on that and looked way back what had happened there. So when the LWRP coordinator says there was no permit, well, the Trustees requested a bulkhead be built there, back then in the '30's. That's it. MR. MILLER: So we are just trying to follow through what the requirements were for the purchase of the property by the town, by rebuilding the bulkhead. So we are being an honorable landowner. TRUSTEE KING: So it's an inplace replacement. It never goes dry, so that's why we felt you needed a silt boom there, because it's always in the water. TRUSTEE DOMINO: I would note I was not on the Trustees Board at that time when that was done. TRUSTEE BERGEN: None of us were on the Board at that time. Not even Jim. I find it interesting that the town required as a condition of the sale that the bulkhead be replaced, and the town didn't make a requirement regarding the water runoff issue. MR. PATANJO: That means they'd have to do it. TRUSTEE BERGEN: Well, when the Trustees first heard this property was going up for sale, we all had the same reaction. When I say up for sale, that the town was putting it up for sale, we had the same reaction, it was that whoever buys this will buy into a water runoff issue. And so, you know, I'm very concerned about the water runoff issue there also. And I don't know whether just a ten-foot non-turf buffer will address this water runoff issue. MR. PATANJO: I have done a bunch of other jobs with the same situation in the past, other villages west of here. We have done and DEC actually funded it for us, creating a non-turf buffer with decking above it to allow the storm water runoff from a parking lot to run behind the bulkhead, filter out through, then leach into the water. This has been something that has been done before that the DEC funded, the DEC approved. So as far as what is the whole purpose of capturing the storm water runoff, is to remove sediments and remove pollutants from it. Again, this goes back to what was just brought up at the last hearing. All of the runoff is going to be filtered Board of Trustees 61 December 11, 2013 through, and I don't know what specifically I know we are doing a two-foot deck, then the rest of the non-turf buffer I apologize, I don't know the intended ultimate use of the property but I would assume it would be some sort of sand or gravel with some sort of filter fabric underneath it. I would assume probably gravel surface in the ten-foot area. Mr. Miller may be able to elaborate a little more on that. But that will absorb some of the runoff, not allowing it to run over the bulkhead. TRUSTEE BERGEN: Jeff, you've just taken the words out of my mouth. I was going to continue with a suggestion that this non-turf buffer not just be what we normally see as a non-turf buffer just no sod there. But that some type of system be put in place there to help address this situation. I was thinking of a French drain, and what you described is a modification of a French drain. But if a French drain was put in this non-turf buffer, I think that would greatly improve the chances this water would all, as you say, be filtered. But you are giving a suggestion of something a little bit different. I think that's great and I'm all in favor of it. I would just want to condition this that not just a non-turf buffer but a non-turf buffer that is designed in some way to help address the road runoff issue. That's all MR. PATANJO: Well, if we do, and this is exactly what we did on the last one, we did just some sort of a bank run material behind the bulkhead with a ten-foot that is exposed during the installation of the deadmen system, would be ten foot of a clean bank run, and on top of that we'll do filter fabric with a pea gravel. And that will, you know bank run absorbs water better than anything else. A pea gravel will, if you get, I don't know the velocity of the water coming down this hill. So will the pea gravel get washed away? I don't know. Maybe if it's something that Mr. Miller is acceptable to do, some sort of permeable paver, but I think that's not going to absorb anything better than gravel will. TRUSTEE KING: What needs to be done, we need to get some drywells in the road up above where the stuff is coming from. It's the town's responsibility. TRUSTEE BERGEN: Absolutely. TRUSTEE KING: We have not been addressing it the way we should. When this property first was declared surplus, I wrote to the Town Board and what I requested in there was, well, if you do sell it, how about taking the money and put it into a road runoff project. I don't think that's going to happen. It probably went into the general fund. MR. PATANJO: I've a lot of these projects, being a civil engineer for 17 years TRUSTEE KING: That's where the problem is. There should be drywells up there. Board of Trustees 62 December 11, 2013 TRUSTEE DOMINO: Could you describe for me again what you think might help the runoff in that particular spot? MR. PATANJO: I have done a lot of runoff design projects over many years now. Normally what we do is try to capture it upstream, put drywells along the way, capture it into drywells. Along this area the town really needs to control it in drywells at the base of the slope, and then from Mr. Miller's property, I think the best thing to do is any of the additional that does not get captured in the drywells, is to really do a non-turf buffer in that area and just pea gravel with a bank run underneath it. It will leach in there. The Village of Babylon, I did many jobs there. The Argyle Bar, right along the gazebo, we have, it was DEC funded back in you know, okay, on the south side of Montauk Highway, Argyle Park, there is a new deck system there, we did the exact same thing there. TRUSTEE KING: I would like to move this along. It's been a drainage issue there for years and it won't go away in a while. TRUSTEE DOMINO: We are talking a 15-foot non-turf buffer, pea gravel over bank run. How deep? MR. PATANJO: You know what, you really don't need to go to the high tide line, which over there is probably three-and-a-half feet, I believe. Four feet, maybe. TRUSTEE DOMINO: Is there anyone else here to speak to this application? (No response). Any other comments from the Board? (No response). Hearing none, I'll make a motion to close this hearing. TRUSTEE BREDEMEYER: Second. TRUSTEE KING: All in favor? (ALL AYES). TRUSTEE DOMINO: I'll make a motion to approve this application as submitted with the understanding that the non-turf buffer will be approximately three-and-a-half feet deep, pea gravel over bank run, to help with the runoff situation. TRUSTEE BREDEMEYER: Second. TRUSTEE KING: All in favor? (ALL AYES). MR. PATANJO: Are revised plans required? TRUSTEE KING: You could, to show the depth of the non-turf buffer. MR. PATANJO: I'll add it to the ten-foot section. TRUSTEE KING: Anything else? (No response). Motion to adjourn. TRUSTEE GHOSIO: Second. TRUSTEE KING: All in favor? (ALL AYES). Board of Trustees 63 December 11, 2013 Respectfully submitted by, James If g dent Board of Trustees RECEIVED d 7 /t 127 FEB 2 4 2014 Southold Town' Clerk