HomeMy WebLinkAboutTR-08/20/2014 John M. Bredemeyer III,President rif SUUryoTown Hall Annex
Michael J. Domino,Vice-President 'lam 01
0 54375 Main Road
P.O.Box 1179
James F. King,Trustee Southold,New York 11971-0959
Dave Bergen,Trustee G Q
Charles J. Sanders,Trustee 'O • Telephone(631) 765-1892
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BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
SEP 19 2014
Minutes
Soulhold' Town Glen
Wednesday, August 20, 2014
5:30 PM
Present Were: John Bredemeyer, President
Michael Domino, Vice-President
Jim King, Trustee
David Bergen, Trustee
Charles Sanders, Trustee
Elizabeth Cantrell, Clerk Typist
Lori Hulse, Assistant Town Attorney
CALL MEETING TO ORDER
PLEDGE OF ALLEGIANCE
NEXT FIELD INSPECTION: Wednesday, September 10, 2014 at 8:00 AM
NEXT TRUSTEE MEETING: Wednesday, September 17, 2014 at 5:30 PM
WORKSESSIONS: Monday, September 15, 2014 at 5:30 PM at Down's Farm, and on
Wednesday, September 17, 2014 at 5:00 PM at the Main Meeting Hall
MINUTES: Approve Minutes of July 23, 2014.
TRUSTEE BREDEMEYER: I just want to take this opportunity to thank the Board,
particularly the clerks, in handling our business in my absence last month. It's good to be
back. And we'll move ahead.
Our next field inspection is scheduled for Wednesday, September 10th, at 8:00 AM.
Do I have a motion?
TRUSTEE KING: So moved.
TRUSTEE BERGEN: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: Our next meeting, Wednesday September 17th,
at 5:30 PM, with a worksession at 5:00 PM. Do I have a motion?
TRUSTEE SANDERS: So moved.
TRUSTEE DOMINO: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
Board of Trustees 2 August 20, 2014
TRUSTEE BREDEMEYER: And a separate worksession on Monday,
September 15th, at 5:30 PM at Down's Farm. Motion?
TRUSTEE BERGEN: So moved.
TRUSTEE BREDEMEYER: Second. All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: I need a motion to approve the Minutes from
our July 23rd meeting.
TRUSTEE SANDERS: I'll make a motion.
TRUSTEE BREDEMEYER: So moved. Seconded?
TRUSTEE KING: Second.
TRUSTEE BREDEMEYER: All in favor?
(Trustees Domino, King, Bergen, Sanders, aye). (Trustee Bredemeyer abstains).
I. MONTHLY REPORT:
The Trustees monthly report for July 2014. A check for
$6,938.96 was forwarded to the Supervisor's Office for the General Fund.
11. 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 hereby finds that the
following applications more fully described in Section VII Public Hearings Section of the
Trustee agenda dated Wednesday, August 20, 2014, are classified as Type II Actions
pursuant to SEQRA Rules and Regulations, and are not subject to further review under
SEQRA:
Charles Stabile—SCTM# 119-1-10
Geoffrey Pazzanese— SCTM# 135-3-8
Ralph Carbone, Jr. —SCTM# 1-2-6.5
Peter E. Baccile 2012 Q. Trust—SCTM#9-3-11
Robert G. & Margaret S. Warden—SCTM#9-3-14.1
WCKBH, LLC— SCTM#7-6-11
Nicolas De Croisset—SCTM# 117-10-19
Robert A. Czenszak— SCTM# 123-5-23
Cheryl L. Hansen Revocable Trust—SCTM# 78-5-17
Sean P. Fahey—SCTM#71-1-14
Paul Sennett—SCTM# 135-3-7
Jonathan Zavin —SCTM#86-2-4
Channing Real Estate, LLC, c/o Douglas Chan —SCTM# 145-4-17
Mario Malerba & Gary Napolitano—SCTM#57-1-34
TRUSTEE BREDEMEYER: I'll move that as a resolution. Is there a second?
TRUSTEE KING: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
Board of Trustees 3 August 20, 2014
IV. RESOLUTIONS -ADMINISTRATIVE PERMITS:
TRUSTEE BREDEMEYER: In order to facilitate the orderliness of
the meeting and keep things moving along, actions for which the
Board reviewed and that are relatively minor as far as
administrative permits, can be grouped together. And for that,
we have items one, two, three, four, six, seven, eight and nine
that can be moved as a group. We'll hold out number five for
discussion. They are listed as follows:
Number one, Michael Kimack on behalf of DOMELUCA, LLC requests
an Administrative Permit to construct an 18'x86'6" above ground
pool attached to terrace/garden area on westerly side of
existing dwelling. Located: 14909 Main Road, East Marion.
Number two, John Berg on behalf of EMMA VAN ROOYEN requests an
Administrative Permit to install five (5) new exterior doors and one (1) new
window onto existing two-story dwelling. Located: 575 Hill Road, Southold.
Number three, Barry Holden, R.A. on behalf of ANGELICA CATALA
requests an Administrative Permit to replace three windows with a sliding
door on existing one story dwelling; and construct a 7'x14' deck over an
existing +/-12'x27' concrete pad. Located: 2250 Mill Creek Drive, Southold.
Number four, Joan Chambers on behalf of JAMES TRUMAN requests an
Administrative Permit for the as-built replacement of three (3) sill boards,
three (3) poured concrete footings and three (3) posts under existing enclosed
porch. Located: 65490 Route 25, Breezy Shores Cottage#18, Greenport.
Number six, BOBETTE & RICHARD SUTER request an Administrative
Permit to construct a roof over an existing 16'x22' deck.
Located: 855 Fishermans Beach Road, Cutchogue.
Number seven, Thomas Sanders on behalf of ROY&JOAN BERMAN
request an Administrative Permit to raise the existing 10'x24' utility building
to +/-4' above grade. Located: 520 Rabbit Lane, East Marion.
Number eight, Patricia C. Moore, Esq., on behalf of JOHN &
DANIELLA VENETIS requests an Administrative Permit to install
windows and sliding doors in new locations; connect roof
over existing dwelling to roof over garage portion of dwelling;
install a trellis over existing +/-25'x12' deck; and install a
10' wide non-turf buffer along the landward edge of the
bulkhead. Located: 2600 Takaposha Road, Southold.
Number nine, FRANK J. KELLY requests an Administrative Permit to
install 6' high PVC fencing along the side yard and street side
with a double locking chain link gate at entrance.
Located: 1900 Great Peconic Bay Boulevard, Laurel.
Does anyone want to move that?
TRUSTEE DOMINO: I'll move that.
TRUSTEE BREDEMEYER: Second?
TRUSTEE SANDERS: I'll second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: Item number five, there is a return from the
LWRP coordinator concerning this application in that the steps
which the Board reviewed on field inspections, which they didn't
Board of Trustees 4 August 20, 2014
have a problem with, apparently did not have a permit. So I'll
leave it open to the Board, because I was not at that
inspection, but it seems that you would consider bringing into
consistency with the steps that are a minor action. I'll let
one of you discuss it further, as I was not on that inspection.
TRUSTEE BERGEN: In other words, the inconsistency is it was
constructed without a permit.
TRUSTEE BREDEMEYER: Correct. And there was a prior permit
history in the file that the applicants had sought prior permits
from the Board. It seems like they're good customers. I don't
know what the lapse is from.
TRUSTEE BERGEN: I'll go ahead and move this one, if you'd like.
TRUSTEE BREDEMEYER: Do you want to take the file?
TRUSTEE BERGEN: Sure. So, number five, John C. Jilnicki, Esq.,
on behalf of NATHAN GREENE & PATRICIA BERRETTY requests an
Administrative Permit for the existing steps to beach which
consists of a 3'3"x3'9" upper landing with attached 1'x2' bench
seat to a set of+/-3'5"x10' steps with handrail to a 3'3"x4'6"
lower landing. Located: 2565 Long Creek Drive, Southold.
We did go out and looked at this. We did not have a problem
with what has been proposed, so I'll make a motion to approve
this application, deeming it be brought into consistency with
the granting of this permit to address the inconsistency under
the LWRP.
TRUSTEE BREDEMEYER: Motion has been made. Second?
TRUSTEE SANDERS: I'll second that.
TRUSTEE BREDEMEYER: All in favor?
(Trustees Domino, King, Bergen and Sanders, aye). (Trustee Bredemeyer, abstains).
TRUSTEE BREDEMEYER: Before I start in with the next item on our
agenda, Item V, I just want to announce certain items have been postponed.
Item ten on page five, WILLIAM & PATRICIA MOORE request an
Administrative Amendment to Wetland Permit#8401 to cut the bank
back landward to achieve an approximate 45 degree angle on the
bank; and to reconfigure the stairs to beach to be a 4'x6' top
landing to 4'x9' steps to a 4'x4' mid-landing with 4'x6' steps
to beach. Located: 850 Ruch Lane, Southold, has been postponed
at the owner's request.
Item one on page seven, John C. Ehlers on behalf of FIRM
FOUNDATIONS PARTNERS LLC requests a Wetland Permit to install a
16'x36' in-ground swimming pool with 16" bluestone pool coping;
a 10'x16' bluestone pool patio; install a pool equipment area;
and install pool fencing. Located: 1060 Fox Hollow Road, Mattituck,
has been postponed. And I believe that's it.
V. RESOLUTIONS - MOORING PERMITS:
TRUSTEE BREDEMEYER: Okay, under resolutions for moorings, the Board has
reviewed these requests for mooring permits and performed inspections and discussed
them at our worksession on field inspection day. I don't believe there were -- and
Board of Trustees 5 August 20, 2014
therefore I believe there was no problem with these moorings after discussion and
review, the placement of them. I'll take a motion to approve these as a group. They are
listed as follows:
Number one, ANTHONY GALEOTTI requests an On-Shore/Off-Shore Stake & Pulley
System Permit for a boat no larger than 18' in Mattituck Creek. Located: 3655 Wickham
Avenue, Mattituck. Access: Private
Number two, JOSEPH FINORA requests a Mooring Permit in Deep Hole Creek for a 32'
Sailboat, replacing Mooring #623. Access: Public
Number three, STEVE ANDREADIS request a Mooring Permit in Gull Pond for a 24'
outboard motorboat, replacing Mooring #21. Access: Public
TRUSTEE DOMINO: So moved.
TRUSTEE BREDEMEYER: Do I hear a second?
TRUSTEE SANDERS: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
VI. APPLICATIONS FOR EXTENSIONS/TRANSFERS/ADMINISTRATIVE
AMENDMENTS:
TRUSTEE BREDEMEYER: Okay, under item number six on the agenda for extensions
transfers and administrative amendments. Again, a number of these represent minor
actions that are put under the Board's review during the course of our field inspection
worksession, and many are directly inspected that day. I would say we could move
these as a group with the exception of items three, four, seven and 12 will be pulled out.
So we can move on one, two, five, six, eight, nine and eleven in the form of a resolution.
So I would move to approve items one, two, five, six, eight, nine and eleven. They are
listed as follows:
Number one, ANDREAS &YULA SERPANOS request a One Year Extension to
Wetland Permit#7908 and Coastal Erosion Permit#7908C, as issued on September 19,
2012. Located: 19105 Soundview Avenue, Southold.
Number two, Docko, Inc., on behalf of WILLEM KOOYKER &JUDITH ANN
CORRENTE requests a Transfer of Wetland Permit#7375 and Coastal Erosion Permit
#7375C from Margaret Robbins Charpentier to Willem Kooyker& Judith Ann Corrente,
as issued on August 18, 2010, and Amended on August 24, 2011. Located: East End
Road, Fishers Island.
Number five, Suffolk Environmental Consulting on behalf of SANDRA PAWSON
SINCLAIR requests an Administrative Amendment to Wetland Permit#8347 and
Coastal Erosion Permit#8347C to lower the top elevation of the proposed rock
revetment to 12' above Mean Sea Level. Located: 29827 Main Road, Orient.
Number six, Suffolk Environmental Consulting on behalf of PARVIZ LALEZARI requests
an Administrative Amendment to Wetland Permit#8349 and Coastal Erosion Permit
#8349C to lower the top elevation of the proposed rock revetment to 12' above Mean
Sea Level. Located: 1390 Demarest Road, Orient.
Number eight, Mark Schwartz, Architect on behalf of RICHARD AND JOANN
SAVARESE requests an Administrative Amendment to Wetland Permit#8356 to
remove existing and install new septic system. Located: 2575 Old Orchard Road, East
Marion.
Number nine, Douglas Ciampa on behalf of PARADISE POINT ASSOCIATION, INC.
requests an Administrative Amendment to Wetland Permit#6209 to replace an existing
lighting fixture located at the seaward end of the existing fixed dock with a new Dark Sky
compliant fixture. Located: End of Basin Road, Southold.
Board of Trustees 6 August 20, 2014
Number eleven, Francisco Sciotto on behalf of COVE CONDOMINIUM OWNERS
ASSOCIATION requests an Administrative Amendment to Administrative Permit
#8302A to relocate the three (3) seasonal kayak storage racks. Located: Main Bayview
Road, Southold.
Is there a second?
TRUSTEE SANDERS: I'll second that.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: Item number three is one that has to be
entertained by the Board for consideration, David W. Olsen, Esq., on behalf of
MICHAEL KOKE, GARRETT KOKE & TRACEY MELVIN request a Transfer of Wetland
Permit#2062 from Jean Koke Holman to Michael Koke, Garrett Koke &Tracey Melvin,
as issued on August 28, 1985; and for an Administrative Amendment to Wetland Permit
#2062 for the existing 4'x50'fixed catwalk.
Located: 875 Calves Neck Road, Southold.
There is an inconsistent-- I'm not familiar with this. It's recommended the proposed
action is inconsistent. A Wetland Permit for a dock structure was issued in 1988
authorizing access to public waters. The applicant is seeking authorization of an
expansion (seaward projection) of an "as-built" locker, bench and dock structure that
extends further(20') into public waters. The extension was constructed without the
benefit of Board review or a Wetland Permit.
The applicant fails to prove that the action meets the following requirements: Review
and approval of dock applications. Before issuing a permit for a dock structure, the
Trustees shall consider whether the dock will have any of the following harmful effects:
Whether the dock will unduly interfere with the public use of waterways; whether the
dock will cause degradation of surface water quality and natural resources; and
whether the cumulative impacts of a residential and commercial dock will change the
waterway or the environment, and whether alternate design, construction and location
of the dock will minimize cumulative impacts; and whether adequate facilities are
available to boat owners and/or operators for fueling, discharge of waste and rubbish,
electrical service and water service.
visited the site. I think most of the Board did. It's my understanding it doesn't extend
further than the neighboring docks and that this action was an extension back to be
able to use the dock because of erosion in this creek. I didn't see that, and we'll have to
see what we have.
TRUSTEE KING: Wayne's having trouble keeping up with you.
TRUSTEE BREDEMEYER: I'm sorry, Wayne. I'll slow it up. It's my understanding that
the inconsistency based on this extending further seaward was not my understanding
of what happened in this case; that the dock is in fact in the same location as the
original permit, but that there was significant erosion on the landward side. I didn't seem
to think we were having an issue with going further seaward. The extension is
landward. And when I paced it off it was, the additional length was only on the
landward side. So I believe we can address the inconsistency with the fact that it
doesn't extend further out over the public bottom, and it was just the matter of
maintaining the utility of the dock in its present location.
Accordingly, I'll move to approve this application, deeming that it is consistent
because it doesn't actually further encroach on public bottom. Do I have a second?
TRUSTEE BERGEN: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
Board of Trustees 7 August 20, 2014
TRUSTEE BREDEMEYER: Item four, Trustee King if you could --
TRUSTEE KING: Number four, ALFRED W. COOKE requests a Transfer
of Wetland Permit#511 from Alfred P. Cooke to Alfred W. Cooke,
as issued on August 19, 1968; and for an Administrative
Amendment to Wetland Permit#511 for the existing +/-606 feet of
timber bulkhead with a +/-30' northerly return; and to replace a
106' section of failing bulkhead with new navy wall bulkhead
with a deadman system of lay logs and stake piles; and install
two new 6' returns buried below grade. Located: 5775 Mill Road, Mattituck.
This is on the west side of Mattituck Creek. Its an old bulkhead. It probably was
in place since the'30's. Its been renewed once, and now it's in pretty bad shape.
I have no issues with it. The only thing I would like to see is a silt
boom to be used during construction, during the reconstruction
of it, and the area landward of the bulkhead is to remain
pervious. Other than that, the matter is straightforward.
TRUSTEE BREDEMEYER: Do you want to put that in the form of a
resolution?
TRUSTEE KING: Yes. I would make a motion to approve this with
the stipulation that a silt boom is used during construction,
and the area landward of the bulkhead remains as a pervious area.
TRUSTEE BREDEMEYER: Is there a second?
TRUSTEE DOMINO: How many feet?
TRUSTEE KING: It's the whole -- you have a steep bluff and then
the area between the bulkhead and bottom of the bluff. That's
all just natural -- I would just say the whole area to the bottom of the
bluff is left pervious.
TRUSTEE BERGEN: Bottom of the bluff to the bulkhead.
TRUSTEE KING: Yes. It's a driveway that comes in, fishermen
stack their gear along the top of the bulkhead.
TRUSTEE BREDEMEYER: So the resolution is from the bottom of the
bluff to the bulkhead as a pervious, and silt boom to be used
during construction. Do we have a second.
TRUSTEE DOMINO: I'll second it.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: Item seven, I'm not familiar with this, if
someone wants to lead in the discussion. Suffolk Environmental
Consulting behalf of George Curis.
TRUSTEE BERGEN: Bear with me for a second. (Perusing). Okay, number
seven, Suffolk Environmental Consulting on behalf of GEORGE CURIS
requests an Administrative Amendment to Wetland Permit#8435 to
substitute a wood deck in lieu of a concrete patio that would
surround the pool; the proposed pool equipment to be relocated
to the eastern side of the property; the proposed pool fencing
to be relocated to 5' landward from the top of the bluff, and
along the side yards. Located: 3190 North Sea Drive, Orient.
The Board did go out and looked at this. We did not have a
problem with the project, but we did disagree with the location
of the fence. And so what we are recommending is that the fence
Board of Trustees 8 August 20, 2014
-- the pool fence I'm talking about-- should be located at the
18-foot contour line.
So with that, I'll make a motion to approve this application with the stipulation
that the seaward side of the proposed pool fence be placed at the 18-foot contour line.
TRUSTEE DOMINO: I'll second that.
TRUSTEE BREDEMEYER: All in favor?
(Trustees Domino, King, Bergen and Sanders, aye). (Trustee Bredemeyer, abstains).
TRUSTEE BREDEMEYER: Item 12, Patricia C. Moore, Esq., on behalf
of GREG & CAROL KARAS requests an Administrative Amendment to
Wetland Permit#8334 to construct an 8'x12' platform at grade
landward of the top of the bluff. Located: 135 Soundview Road, Orient.
I'm a little uncomfortable approving it as applied for
because I'm concerned about bluff stability and also the safety
of individuals going out on a platform so close to The Sound. I
know this is not a public hearing but I had the opportunity to
run into the agent for the owner. I don't know if there has been
any discussion.
would table this to meet with them in the field. I don't
know if they have any different plans. I just wanted to voice my
concerns to you.
MS. MOORE: It might not be a bad idea to meet with my clients in
the field, because they didn't, they were not quite sure exactly
where you were suggesting that it be placed. And the original
platform had handrails. So maybe that would be one way of
avoiding the safety issues.
TRUSTEE BREDEMEYER: Okay, so you are open to further discussion.
MS. MOORE: Yes, I think it would be a good idea to hold off.
TRUSTEE BREDEMEYER: Okay, enough said. Thank you.
So for item 12, 1 move to table the application. It's
scheduled mutually, field inspection, during next month's field
inspection hopefully for the owner and agent can be out with us.
MS. MOORE: That or if it's just one of you, whatever is
coordinated, so.
TRUSTEE BREDEMEYER: I'm the area Trustee, I have no problem
meeting with you.
MS. MOORE: It's pretty minor.
TRUSTEE BERGEN: There is a motion on the table. I'll second.
TRUSTEE BREDEMEYER: Motion made and seconded. All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: At this time we'll go off our regular
meeting agenda and into public hearings. I'll make a motion to
do that. Is there a second?
TRUSTEE SANDERS: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
Board of Trustees 9 August 20, 2014
VII. PUBLIC HEARINGS:
AMENDMENTS:
TRUSTEE BREDEMEYER: This first hearing is in the matter of Suffolk Environmental
Consulting on behalf of CHARLES STABILE requests an Amendment to Wetland
Permit#8027 for the as-built +/-3' high by+/-63' long wood retaining wall located within
the northeastern section of the property. Located: 9976 Nassau Point Road, Cutchogue.
Is there anyone here who wishes to speak on behalf of this application?
MR. IVANS: Matt Ivans, Suffolk Environmental Consulting. I'm
here to hopefully answer any and all questions.
TRUSTEE BREDEMEYER: I think that there was a question about
construction without permits that probably entails why we have
the determination of inconsistency. I don't know if there is a
status of a violation or not on this file. That I'm not aware
of. I know the Board during the course of field inspection and
at our worksession, is concerned with the type and manner of
construction, and we are not sure we have sufficient information
to make a reasoned determination, given the fact that we see the
structure as bowed out so much, and the materials don't seem to
be of a type used in typical construction for a navy bulkhead or
retaining structure.
MR. IVANS: Do you guys want to set up a meeting at the site with
Bruce?
TRUSTEE BREDEMEYER: I think without getting too far out in front
of the Board, I think the inclination we had during the course
of our worksession was that it would be good to table the matter
and have further discussion. I think it would probably be
advisable to get Bruce and the owner to possibly entertain a
discussion of that.
MR. IVANS: Okay, then I'll have Bruce give Elizabeth a call
Monday or Tuesday and set up something.
TRUSTEE KING: The problem I see is it's starting to fail
already. It's on its way. Now is the time to correct it.
TRUSTEE SANDERS: Do you know why they designed it in that manner
and used that construction material?
MR. IVANS: Not really, except following the hurricane, I mean,
he just threw up whatever he could, I guess. In a panic.
TRUSTEE SANDERS: What's the plan? Do you have any idea what the
plan is between the core logs, each stage?
MR. IVANS: In terms of plantings? It's most likely going to be
Cape American beach grass. So I'll just have Bruce set up a
meeting with you guys at the site.
TRUSTEE BERGEN: Just pass a suggestion, maybe consult with an
engineer, since I'm not an engineer, as to looking at a more
suitably-constructed structure.
TRUSTEE BREDEMEYER: Or if not more suitably constructed, if
there is a way to stabilize or use the existing. You are talking
about an engineering analysis in any case.
MR. IVANS: All right.
TRUSTEE BREDEMEYER: All right, I'll make a motion to table this.
TRUSTEE SANDERS: Second.
Board of Trustees 10 August 20, 2014
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE DOMINO: Number two, Jeffrey Patanjo on behalf of
GEOFFREY PAZZANESE requests an Amendment to Wetland Permit#8170
to construct a 12' long vinyl return along the east side of the
property. Located: 400 Richmond Road East, Southold.
Is there anyone here to speak to this application?
(No response).
The Trustees visited this site last on August 12th, and we
had no issues with the return and in fact this brings it into
compliance to what was constructed. Are there any comments or
questions from the Board?
(No response).
Hearing no comments or questions, I make a motion to close this
hearing.
TRUSTEE BREDEMEYER: Motion made. Is there a second?
TRUSTEE KING: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE DOMINO: I make a motion to approve this application as
submitted, noting it will bring it into compliance.
TRUSTEE BREDEMEYER: Second on that?
TRUSTEE SANDERS: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
WETLAND & COASTAL EROSION PERMITS:
TRUSTEE KING: Under Wetland and Coastal Erosion Permits, number one, Docko,
Inc., on behalf of PETER E. BACCILE 2012 Q. TRUST requests a Wetland Permit and
a Coastal Erosion Permit to install +/-445 linear feet of a gabion retaining wall, which has
a volume of+/-1,120 cubic yards over+/-4,200 square feet; all waterward of the
apparent high water line. Located: Off Equestrian Avenue, Fishers Island.
The LWRP found this consistent and the CAC resolved to support the application
as it was submitted. Is there anyone here to speak on behalf of or against this
application?
MR. NIELSON: On behalf of the applicant, my name is Keith Nielson, with
Docko Incorporated, and I have prepared the application documents before you.
This project has been discussed at various workshops before
the Board, so unless there are some major questions, I'll just
review it very briefly and take on any questions you may have.
There is 445 feet of finished lawn along the shore of Hay
Harbor. It's generally a well-protected area, but in Hurricane
Sandy it was substantially eroded and disrupted to the point
there was a landslide in that area about 80 feet long and about
100 feet south of the access path.
And so the proposal is to install a gabion retaining wall
against the base of the bluff. It will be varying in height
depending on the height of the bluff immediately adjacent to the
point of contact, and it will run basically the full length
Board of Trustees 11 August 20, 2014
of the bluff. And we are going to put six-foot wide foundation
baskets in and then 3x3x9' long sections parallel to the base of
the bluff, like I said, height depending on the area to be
stabilized.
In all likelihood, the two trees that probably prevented
the total collapse of that part of the bluff will have to be cut
down in order to relieve those stresses. The one tree is
practically dead. The roots will be left in place and the base
of the bluff where the landslide occurred will be trimmed enough
to allow the gabion wall to be installed as much as we can in
linear fashion, but following the general shape to shore. And
all of the sand that is excavated will be thrown back into the
gabions, on top of the gabions, behind the gabions, more or less
to form a complete transfer of the retaining structure to the
bluff.
It will also be embedded a couple feet into the ground so
it will provide some scour protection. All the work will be done
landward of the wetlands and in the area right in this area
where we had the dune grass encroaching into the work area. That
dune grass will be dug out and replanted into the area that is
basically clear in the middle of the site.
would be happy to answer any questions you might have.
TRUSTEE KING: We were all out there and we all went over it
pretty good on the field visit. I don't have any questions. I
don't know about the rest of the Board.
(Negative response).
TRUSTEE KING: The only thing, you had mentioned you had already
taken care of, is the re-vegetation in that one area. So I think
it's pretty straightforward and we are all in support of it.
Is there anybody else? Any comments?
(No response).
Hearing none, I'll make a motion to close the hearing.
TRUSTEE SANDERS: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE KING: I'll make a motion to approve the application as
it has been submitted.
TRUSTEE DOMINO: I'll second that.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
MR. NIELSON: Thank you.
TRUSTEE BERGEN: Number two, Samuel W. Fitzgerald on behalf of
ROBERT G. & MARGARET S. WARDEN request a Wetland Permit and a
Coastal Erosion Permit for the existing two-story 48.39'x24.55'
dwelling with a 24.4'x16.2' screened porch with deck above; a
13.59'x23.9' stone patio; 6.5'x23.9' stairs from stone patio
down to grade with retaining wall; 6.91'x12.92' front porch; and
to construct a 408sq.ft. one-story addition with an open porch onto the
landward side of the dwelling. Located: 2945 Equestrian Avenue, Fishers Island.
This was reviewed by the LWRP and found to be consistent
Board of Trustees 12 August 20, 2014
and inconsistent. The inconsistency being the original dwelling
was constructed without a permit, but the addition to the west
side he found consistent. So he's recommending a non-turf
buffer be required between the driveway and top of bank. The CAC
resolved to support the application.
Is there anybody here on behalf of this application?
MR. FITZGERALD: Yes. My name is Sam Fitzgerald. I'm the
architect for the project. I just would like to make a couple of
brief comments about the project. More specifically about the
existing house. It does not have a Trustees permit currently.
The original house was, or I should say the house that is
currently on the property now is not the original house. The
house that was original, burned down in the '80s. And the house
that you see today was built quickly after the fire and it was
built on the old house's foundation. That's why the house now is
so nonconforming in its zoning, set way back on the property.
And it's very close to Little Hay Harbor. You have this aerial I
could show you here. It's set pretty far back.
As far as the new addition goes, its a one-story frame
addition. It's landward of the existing house; elevation 23.9;
well back from the Coastal Erosion Hazard Line, and we'll
certainly implement any recommendations that you have as far as
buffers and things like that.
If you have any questions, I would be happy to answer them.
TRUSTEE BERGEN: I have in the file here a Trustee permit dated
March 30th, 1989, to reconstruct single-family dwelling,
foundation and garage.
MR. FITZGERALD: Right. I believe that the drawings that you
have on file for that permit were not what was built. So I think
that's the difference actually, is what was built does not match
the drawings you have on file. That's why we are seeking the
Trustees permit now.
TRUSTEE BERGEN: Okay. And so just to clarify, as far as the
request from the LWRP coordinator, that a non-turf buffer be
maintained between the top of bluff and the paved driveway, you
have no problem with that?
MR. FITZGERALD: No problem with that.
TRUSTEE BERGEN: Okay, any other comments from anybody in the
audience regarding this application?
(No response).
Any other comments from the Board?
(No response).
If not, I'll make a motion to close this hearing.
TRUSTEE SANDERS: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE BERGEN: I'll make a motion to approve the application of
Samuel Fitzgerald on behalf of the Warden's with a stipulation
that a non-turf buffer be maintained between the top of bluff
and the paved driveway. And in approving this application, will
be bringing the original structure that was constructed without
Board of Trustees 13 August 20, 2014
a permit into consistency under the LWRP.
TRUSTEE SANDERS: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE SANDERS: Number three, JMO Environmental Consulting on
behalf of RALPH CARBONE, JR. requests a Wetland Permit and a
Coastal Erosion Permit for the existing 20'x50' in-ground
swimming pool; remove existing pool equipment building and
construct a +/-23'x36' pool house with drywells for roof runoff;
construct a +/-1,442sq.ft. patio with 6'x20' steps to dwelling;
and reconfigure existing driveway with new stone gutter and
drywell for runoff. Located: East End Road, aka: 6227 Castle
Road, Fishers Island.
The LWRP finds this consistent. The CAC did not make an
inspection, therefore no recommendation was made. And ZBA
findings, the Zoning Board of Appeals has visited the property
under consideration in this application and determines that this
review falls under Type II category of the state's list of
actions without further steps under SEQRA.
The Trustees visited this on 6 August. We found everything
consistent on our end.
Is there anyone here that wishes to speak for or against
this application?
MR. JUST: Glenn Just, JMO Consulting, here to answer any
questions from the Board.
TRUSTEE KING: I didn't have any questions. We met the owner out
there and walked around the property.
TRUSTEE SANDERS: I'll make a motion to close this hearing.
TRUSTEE DOMINO: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE SANDERS: I'll make a motion to approve this application.
TRUSTEE KING: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
MR. JUST: Thank you, very much.
TRUSTEE DOMINO: Number four, Patricia C. Moore, Esq. on behalf
of WCKBH, LLC requests a Wetland Permit and Coastal Erosion
Permit to construct a +/-110 linear foot stone revetment at a
1:1 slope; install a continuous line of silt fencing which is to
be maintained throughout construction; a temporary 10' wide
construction path to be re-graded as necessary and reduced to 4'
after construction; any disturbed areas to be filled with loam
and seeded; and install a 3' wide access path to beach.
Located: 1460 Old Mallory Road, Fishers Island.
The Trustees did a field inspection on August 6th and noted
that the application was okay as submitted. The LWRP coordinator
found this to be consistent. The CAC voted on August 13th to
support this application.
Board of Trustees 14 August 20, 2014
Is there anyone here to speak to this application?
MS. MOORE: Good evening. Patricia Moore, on behalf of WCKBH
LLC. I have no comments. I'm here to answer any questions. But
I know the Board has been there onsite and has made personal
inspections. So if you have no questions, I'll defer.
TRUSTEE DOMINO: Any questions or comments from the Board?
(No response).
TRUSTEE DOMINO: All right, hearing no questions or comments,
I'll make a motion to close this hearing.
TRUSTEE SANDERS: Second.
TRUSTEE BREDEMEYER: All in favor?
(Trustees Domino, King, Bergen and Sanders, aye).
(Trustee Bredemeyer, abstains).
TRUSTEE DOMINO: Motion to approve as submitted.
TRUSTEE SANDERS: Second.
TRUSTEE BREDEMEYER: All in favor?
(Trustees Domino, King, Bergen and Sanders, aye).
(Trustee Bredemeyer, abstains).
WETLAND PERMITS:
TRUSTEE BREDEMEYER: Number two under Wetland Permits, Michael Kimack on
behalf of ROBERT J. MUSCO requests a Wetland Permit to remove the existing wood
decks and steps; construct an irregularly shaped (+/-26'x16') in-ground swimming pool
with a +/-500sq.ft. pool patio and associated pool fencing; construct a
short retaining wall along northerly line of patio; install a drywell for pool backwash and
pool equipment area. Located: 497 Ripple Water Lane, Southold.
Is there anyone here who wishes to speak to this application?
MR. KIMACK: Michael Kimack, on behalf of Robert Musco. I am
respectfully requesting to table to the next meeting. I have not
received a new survey yet showing the revegetation plan for the
disturbed area. There was a violation on this, in the buffer area.
TRUSTEE BREDEMEYER: I think the Board appreciates that. We had
brought this up for some discussion at the meeting, and also if
you want to meet with us again or the owner, in the field, to
revisit issues concerning this, if that would be helpful or if
you have a new revegetation plan to review at that time, it
would be helpful.
MR. KIMACK: I should have a plan from the surveyor tomorrow so
I'll bring it into Elizabeth. But I was not able to get it from
the surveyor earlier to make it to this meeting. I apologize.
TRUSTEE BREDEMEYER: Thank you. Accordingly, I make a motion to
table this application.
TRUSTEE SANDERS: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE KING: Number three, Michael Kimack on behalf of NICOLAS
De CROISSET requests a Wetland Permit for the demolition of
existing dwelling, porch and foundation; construct new
+/-1,213sq.ft. elevated two-story dwelling, and an attached
Board of Trustees 15 August 20, 2014
+/-340sq.ft. deck with steps to grade; remove existing sanitary
system and install new sanitary system; raise the grade over
new sanitary and under dwelling using +/-150 cubic yards of
clean fill; and construct new storm water management system.
Located: 20 Third Street, New Suffolk.
This is a demolition of a house in New Suffolk. This was
found consistent with the LWRP. The CAC supports the application
with the condition of a 15-foot non-turf buffer landward of the
bulkhead.
Is there anyone here to speak on behalf of or against this
application?
MR. KIMACK: On behalf of Nicholas De Croisset. As Jim had
indicated, it's the demolition of the existing structure,
replacement pretty much the same footprint, but moving it a
little further northward. It's the same on the westerly
boundary and the same distance from the bulkhead on the
southerly boundary. The first floor will be elevated on piers.
The ground underneath is about six-foot elevation. The first
floor will be about 14-foot elevation. I don't have a second
floor or mezzanine floor attached to it. It will be construction
of a new septic system as far landward, away from the bulkhead
as we can, feasibly moving it on the property, removing the
existing septic system. That new septic system will be elevated
between one to two foot in order to meet the Health Department
requirements because of the shallowness to groundwater. And
there will be a new inground storm water management system.
would be glad to take any questions.
TRUSTEE KING: I was just kind of surprised that Zoning didn't
move you further landward than the original house.
MR. KIMACK: We discussed it basically. But the difficulty there
is because there was a public roads next to it, Jim, there is a
lot of cars that come and park using the beach access right
there. And they accepted the, not the argument but the basic
premise put forth, that we needed that parking space for offsite
for this particular property, and moving the house too far
landward there would diminish that ability.
TRUSTEE KING: It's just unusual to use, when they have a
demolition like that.
MR. KIMACK: They did vaguely talk about the parking. It's a
very, very tight area, basically, as you can see.
TRUSTEE KING: Any Board comments?
(No response).
Any comments from the audience?
(No response).
Hearing nothing further, I'll make a motion to close the
hearing.
TRUSTEE SANDERS: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE KING: I'll make a motion to approve the application and
at the suggestion of the CAC, I think we should have a 15-foot
Board of Trustees 16 August 20, 2014
non-turf buffer between the bulkhead and the house.
MR. KIMACK: Accepted, yes.
TRUSTEE KING: That would be my motion.
TRUSTEE SANDERS: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
MR. KIMACK: Thank you, very much.
TRUSTEE BERGEN: Number four, DKR Shores, Inc. on behalf of
ROBERT A. CZENSZAK requests a Wetland Permit to remove existing
damaged bulkhead; construct in-place new 66' long vinyl bulkhead
up to 12" higher than existing; construct(2) 15' long vinyl
returns; backfill area with approximately 65 cubic yards of
clean fill; construct new 4'x66'walk along the landward
edge of bulkhead using untreated material; and reconstruct
existing 4'x6' beach access stairs. Located: 4365 Camp Mineola
Road, Mattituck.
This application has been reviewed under the LWRP and found
to be consistent. The CAC did not make an inspection, therefore
they have no recommendation. The Board did go out and looked at
this property.
Is there anybody here to speak on behalf of this application?
(No response).
Okay, well, they had recommended in their application to raise
the height of the bulkhead by 12 inches. When we looked at the
bulkhead adjacent, we had recommended it going up 15 inches. So
an additional three inches to match that bulkhead. And then
install a ten-foot non-turf buffer north of the walkway.
So, being there is nobody here, is there anybody in the
audience who wants to speak for or against this application?
(No response).
Any other comments from the Board?
TRUSTEE KING: It looks pretty straightforward.
TRUSTEE BERGEN: I'll make a motion to close this public hearing.
TRUSTEE SANDERS: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE BERGEN: I'll make a motion to approve DKR Shores on
behalf of Robert Czenszak, with the condition that the bulkhead
is raised 15 inches and that there is a ten-foot non-turf buffer
behind this bulkhead.
TRUSTEE DOMINO: I'll second that.
TRUSTEE BREDEMEYER: Vote the Board?
(ALL AYES).
TRUSTEE SANDERS: Number five, CHERYL L. HANSEN REVOCABLE TRUST
requests a Wetland Permit to construct a +/-2,400sq.ft. two-story, single-family
dwelling; new sanitary system; and pervious driveway.
Located: 405 Williamsburgh Drive, Southold.
The LWRP finds this consistent and the CAC moved by John
Stein, second by Keith McCamy, resolved to support the
Board of Trustees 17 August 20, 2014
application. I can't find ZBA here. There might not be one.
(Perusing). So there no ZBA. And the field inspections, I'm
thinking you have to take a look at these. Is this your handwriting?
TRUSTEE BERGEN: Re-applying for a previously-approved structure.
TRUSTEE SANDERS: And dwelling permit expired, but all okay.
TRUSTEE BERGEN: Yes.
TRUSTEE SANDERS: So we saw this on August 13th, 2014. Is there
anybody here who wishes to speak on behalf of this application?
MS. HANSEN: I'm Cheryl Hansen. I'm applying for the same permit
we had previously. It's just re-applying. Hopefully there was
no problems before and there are no problems now.
TRUSTEE SANDERS: We did notice there was no posting of the
hearing.
MS. HANSEN: There was a posting but unfortunately there was a
gentleman that came out the day we had that wind, and that's the
day it fell down. And I noticed, because we are not too far from
there, and 1 noticed it was off the post. And when I went over
there, there was a gentleman with red Jeep and a gray beard and
I was telling him it was just blown off to the neighbor's yard.
So I picked it up and hammered it back in place. And I took a
picture the day I put it up. So I have a picture with the date
on it.
TRUSTEE SANDERS: Okay. Any thoughts from the Board?
TRUSTEE KING: It's the same as has previously been approved.
TRUSTEE SANDERS: Okay, anybody in the audience?
(No response).
TRUSTEE SANDERS: At this time I'll make a motion to close this
hearing.
TRUSTEE KING: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE SANDERS: I'll make a motion to approve this application.
TRUSTEE KING: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
MS. HANSEN: Thank you, very much.
TRUSTEE SANDERS: You're welcome.
TRUSTEE BREDEMEYER: Okay, item seven, Patricia C. Moore, Esq.,
on behalf of MARIO MALERBA& GARY NAPOLITANO request a Wetland
Permit for the existing one-story 51.3'x79.2' dwelling with
+/-140sq.ft. of 4' wide wood walkways; stone outdoor grill;
550sq.ft. pool with pool fence; 416sq.ft. shuffle board court;
brick patio with walk; 120' long bulkhead with two 20' returns;
4' wide steps to beach; landscaping railroad ties; for the
proposed addition of+/-200 cubic yards clean fill to raise
grade around pool and install a 1,225sq.ft. stone patio; and
existing non-turf buffer along the landward edge of the
bulkhead. Located: 1250 Blue Marlin Drive, Southold.
MS. MOORE: Thank you. This is a house that has, it's an existing
house with an existing pool that all the structures that are
Board of Trustees 18 August 20, 2014
presently there were constructed prior to the Trustees'
jurisdiction in the '80s. The house never got the CO closed out
and the pool apparently also didn't have a closed-out permit. So
when we discovered that when we went to close out everything,
kind of everything just started failing apart for this guy.
have a picture of the pool, well, the decking that had
been there. The decking had to be removed because back in the
'80s, they went to the Zoning Board, and the Zoning Board
granted the variances they needed, but when they came up with
the calculations on lot coverage, it just didn't match the
survey. So we ended up having to figure out how do we make a
1985 Zoning Board approval match a survey that now the surveys
are different. So the simplest thing here was just to remove the
decking, because it would be patio, converted to patio, which
would be no lot coverage issues. So we made --the goal here
was to make the property as conforming or more conforming than
the Zoning Board had originally granted.
So when the decking was removed, the pool was exposed. And
I understand --well, we then went to the Building Department
and said Building Department, okay, we removed the decking
because we now meet lot coverage. And Gary said, yes, but now
its unsafe because you don't have the decking. We said, well,
what can we do. And he said bring fill. Because you have to
grade toward the house in order for the stoop to have a proper,
no greater than two-foot stoop down.
We made this application, which included all of the
existing structures, since they all predated, and unfortunately
the property is being sold and the buyer is under a time
pressure. They thought the closing would occur on Friday and
therefore the fill had to be installed right away. They
shouldn't have done that. It's clear they should not have done
that. I came here for a permit for the fill because that was the
only activity that was requiring a permit. And so we are
certainly, we, my client, is ready to proceed with the fact that
he shouldn't have allowed the fill to be brought in. So we have
that worked out. Now we just need the Trustees' permit so we can
make everything safe and get this project completed. And that's
where we are today.
I understand there were some issues of the structural
integrity of the pool. There is some bracing, the pool as you
can see, was built in the '80s, so there are some repairs that
are going to be needed, which interestingly, removal of the deck
was a Godsend for the buyer because he would never have seen the
structural problems of the pool, whatever they are called, the
bracing of the pool. So everything that we tried to do here to
make things better created, opened up another problem. So I'm
hoping we are at the end of our problems. And having the
Trustees' permit in place, we can clean this up and hopefully
close out the permits that should have been closed 20 years ago.
That's where we are.
TRUSTEE SANDERS: Is there an intent to fill, close the house,
Board of Trustees 19 August 20, 2014
come back, unfill, and repair the pool?
MS. MOORE: Well, we didn't know that the structure had any
problems, because the pool has not leaked. It's still, its been
functioning. We saw pictures recently, I guess pictures of the
braces that are rusted, and we are in communication with John,
is the real estate broker, he's in communication with the buyer
to try to figure out at what point those repairs get done.
TRUSTEE KING: Pat, look at this. Can you see this? That's the
liner going out through the pool's rusted-out hole. So it looks
like it was a seal that held the vinyl in place. Now what's
happening you have a rust line all the way around. There are
some other spots I'm sure that are not--
MS. MOORE: We have a hernia in the pool. But we'll do whatever
we have to. John spoke to my client. We'll do whatever needs to
be done to make it safe. We have to make the Building Department
happy. So the fill needed, we needed the fill for the house
because the house has to be CO's out. The pool, we'll deal with
the pool. The permit actually covers everything and having,
which was, I don't know if it was premonition on my part,
including the pool into this permit actually makes it simpler.
Because then we can make whatever repairs or replacement of the
pool as it is today, and it's all covered under the permit. So
it gives us the flexibility to deal with the buyer in a fair way
and in a way that will make both sides happy. So I'm the permit
person, not the contract. But both sides are now aware of the
situation.
TRUSTEE SANDERS: I guess my question would be, in order to
close, if you were to put the fill in, then close, because you
have your stuff, but then come back, take it back out again and
do the proper repairs.
MS. MOORE: That's certainly a possibility. That would be great,
but I don't know timing wise, and had whether or not-- I mean
the key to it is to make sure the bank will allow us to close.
So it may require a separate permit to assure Gary that we are
coming back to fix things. So I have to talk to Gary. I have to
talk to the Building Department to make sure that they feel
comfortable that we are not going to just leave a dangerous
condition unattended.
(Board members off the record).
If you are asking about the violation, I made a
representation to Lori and she has been busy up there. I have
the thousand-dollar fine in my file here, and I have an
authorization for a plea. So my goal was to get everything done
tonight so neither one of us has to go to court. You know, he
was wrong in starting --
TRUSTEE BREDEMEYER: Without disclosing, there was some quiet
discussion between our attorney and ourselves. I think we are
on a similar wavelength.
MS. HULSE: Pat, I brought the plea form with me, if you want to --
MS. MOORE: Okay. Yes, I figured we would be doing it after,
because you were busy.
Board of Trustees 20 August 20, 2014
MS. HULSE: I could always make time for you, Pat.
MS. MOORE: Thank you. You're so kind. Put it this way, I'm
ready. I have everything I need to do that.
TRUSTEE BREDEMEYER: Is there anybody else to speak to this
application? I have several items in the file that should be
brought to the attention of the Board. Is there anyone else that
wishes to speak?
(No response).
The project has been deemed to be consistent with the LWRP. The
LWRP coordinator now has made a recommendation that there be a
non-turf vegetated buffer encompassing the area known as the
splash area on the 2001 survey.
MS. MOORE: Actually, it's there already.
TRUSTEE BREDEMEYER: Okay, I personally was not on the field
inspection for this, so I'm not aware.
TRUSTEE KING: It was mostly stone.
MS. MOORE: Yes, it was a non-turf, it was actually very nice.
It has like a little --so it's alright. We have that.
TRUSTEE BREDEMEYER: So it's an existing non-turf area.
MS. MOORE: Yes, it's a non-turf area.
TRUSTEE BREDEMEYER: So there can be reiteration to maintain it
as a non-turf area.
MS. MOORE: That's fine.
TRUSTEE BREDEMEYER: Okay, I guess the CAC did not support the
project. Apparently it was not staked. It was not a proper
drainage or backwash device for the pool. And the non-turf
buffer, okay, we just addressed that. And apparently they didn't
see the notice of hearing sign posted. So particularly backwash
for the swimming pool would be something to incorporate into this.
MS. MOORE: I'm not really sure where the pipes are, so. It's a
drywell. But that's fine.
TRUSTEE BREDEMEYER: We could make a simple addition to this
based on where --
MS. MOORE: When we figure out where it goes, yes.
TRUSTEE BREDEMEYER: Any other comments or questions?
(No response).
Hearing none, I'll make a motion to close the hearing in this
matter.
TRUSTEE KING: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
I would make a motion to approve this application with the
stipulation that the area known as the gravel splash area on the
2001 survey be maintained as a non-turf buffer, and that the
swimming pool filtration system have a suitably-sized backwash
drywell installed.
MS. MOORE: Okay.
TRUSTEE SANDERS: And can we add that has to be mitigated.
TRUSTEE BREDEMEYER: My understanding with communication with the
Building Department is they are handling the engineering aspect
of that. So that's my motion, for those two items, the backwash
Board of Trustees 21 August 20, 2014
and non-turf. Do I hear a second?
TRUSTEE SANDERS: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE DOMINO: Okay, number six, En-Consultants on behalf of
SEAN P. FAHEY requests a Wetland Permit for the existing
4'x77'fixed, seasonal timber dock constructed entirely of
untreated materials except for 4"x4"treated timber support
posts with attached "L" shaped 2'x3' platform on landward
end which is accessed by 3'x6' steps attached to a 4'x6'
platform off the bulkhead. Located: 1415 North Parish Drive,
Southold.
The Trustees field inspection on the 13th, and a note to
check older permits for dock and bulkhead.
The CAC voted to support this application. The LWRP
coordinator did not issue a report at this time. No findings
that it is consistent or inconsistent with the LWRP.
TRUSTEE KING: He's still working on it.
TRUSTEE DOMINO: He's still working on it. Is there anyone here
to speak to this application?
MR. HERRMANN: Yes. Good evening. Thank you, by the way. Rob
Herrmann of En-Consultants here on behalf of the applicant Sean
Fahey.
This is an application for an existing seasonal dock. This
dock along with the two neighboring docks have been installed on
a seasonal basis for at least about 20 years. From what I can
figure out from old surveys, there is a 1986 survey, it's not
terribly clear, but it does show a dock on the bay in front of
this property at the time. And the Trustees have issued similar
permits to what we are asking for the two adjoining
properties, one to Lewick, to Thomas Lewick which was issued
most recently in 2013. And then to the opposite side, back in
1990.
This owner purchased the property with the dock in place
and has over the years been continuing to install it as he was
advised was the prior practice by the prior owner. But
apparently there was never a permit issued for the dock to the
prior owners of this property.
I'm not sure exactly how he was notified, if one of the bay
constables saw it going in, or if a neighbor, for some reason,
this year, Mr. Fahey was advised that there did not appear to be
a permit for the seasonal dock and that he should come down to
the Trustees and apply for one so that he could also be
permitted to continue doing what has been done over the years
and what is done on two adjacent parcels with Trustee permits.
As you can see from the survey we submitted with the
application, the current survey of the dock does not extend out
as far as the two adjacent docks, but appears to be adequate,
has been adequate for the owner's use. So there is no proposal
to expand it in any way.
Board of Trustees 22 August 20, 2014
The Trustees, from what I could find in your town records,
actually heard an application on this dock a number of years
ago, I think about ten years ago or so, to add a floater to the
end. And that petition was denied. But I guess for whatever
reason, at the time, you didn't actually issue a permit for what
was there, you just denied the proposal for the expansion. And
my guess is that just that probably now as you have gotten more
meticulous about your recordkeeping and permitting and
everything, that would probably not happen today, but for
whatever reason that happened at the time.
So even though the Trustees viewed the dock, saw the dock,
treated the application, made a decision on the application,
when they came out the other side there was still no permit for
the seasonal dock as it existed and as it continues to exist
today.
TRUSTEE DOMINO: For the record, that application was denied
April 11, 2002.
MR. HERRMANN: Yes. Thank you.
TRUSTEE KING: Rob, is there a DEC permit on it?
MR. HERRMANN: There is not. I didn't find that there is a DEC
permit on the dock either.
TRUSTEE KING: Should he have one?
MR. HERRMANN: Probably. But it depends on how long it goes back.
If the dock has been going in since prior to '77 then it would
be pre-existing for DEC. But I was not able to determine that.
The document that I could find was '86 that shows a dock. But
they would basically have to go through a process of contacting
the DEC and seeing how they wanted to deal with it.
TRUSTEE KING: I was just curious because it appears to be like a
new dock, almost, as you look at it. And I could just envision
an Environmental Conservation Officer going by and saying, hey,
here is a new dock, where is the DEC permit.
MR. HERRMANN: Well, it is installed on an annual basis.
TRUSTEE SANDERS: When you say"installed," does that mean all the
decking and the pilings?
TRUSTEE KING: The entire dock is removed.
MR. HERRMANN: Yes. Section by section. If you go through, that's
a Google Earth aerial. We submitted -- I looked at a lot of Bing
aerials and a lot of Google aerials. I think in our application,
the fourth photo, figure four was actually the best Google Earth
aerial I could find, from 2010, that actually shows all three
docks in the water. And that matches up really nicely with what
is on the survey. But as you go back, depending on what month
the photo is taken, one dock is in, two docks in, three docks
are in. They all seem to put them in and out at different times.
TRUSTEE BREDEMEYER: Is there a presumption they went with
seasonal docks because icing, ice movement on the bay just takes
the dock and just turns it into a memory?
MR. HERRMANN: I would guess, Jay. I don't really know. From what
I could understand from the paperwork and from the practice and
what the contractors involved with the docks have described to
Board of Trustees 23 August 20, 2014
me, those docks have always been --
TRUSTEE BREDEMEYER: I remember as a kid, when I used to play
there, I used to run around Bayview, I remember there were docks
back, historically, I think that's where they sort of build
docks, a lot of guys just went with seasonal.
Just so you are aware, I got a call from Mark Terry today
and apparently he's researching this for the Trustees and they
specifically request we hold off on approving or denying tonight
based on the fact they are demanding legal action surrounding
the denial of the float of this dock, if I heard him correctly,
and there may actually be some additional information that is
available to the Trustees based on their determinations to deny
the float and may have actually been upheld. And I'm not sure
I'm getting this exactly correct, but he did request that
pending, this was unusual and not in the ordinary, he had
problems getting held up, apparently there is, he's doing
research and providing some additional historical information
that came to light today, actually. I got the call from him.
MR. HERRMANN: There is no pending legal action on that.
TRUSTEE BREDEMEYER: No, no. Not pending now. I mean historically
the Board may have denied the former owner the float, which may
have resulted in litigation where the Trustees' determination
was upheld on the courts and probably been advisable for the
Trustees and current Board to review that determination, is what
he requested.
TRUSTEE KING: We can't move on it. There is no LWRP. So it's
moot anyway.
MR. HERRMANN: I'm just struggling to figure out what that has do
with anything.
TRUSTEE BREDEMEYER: I don't know if the issue is concerning the
use of public bottom or upland issues. A prior Board of Trustees
might be considered by this Board for good or ill, simply
because it involved a determination of the Board which was put
under legal review. So I think that would always be something a
current Board might want to review before they vote on a matter.
TRUSTEE KING: Rob, what are the dates? Up by November 1st and
in no earlier than April 1 st?
MR. HERRMANN: Yes. I don't know if there is a set schedule to it.
TRUSTEE KING: I think seasonal floats, I believe those were the
two dates.
MR. HERRMANN: I could tell you quickly what you did for the
adjacent parcel. If it says. (Perusing). The dock, well, the
subject dock is in the center. The permit that the Trustees
issued for the permit, I guess that would be to the west, if my
direction is correct. Yes, to the west. That was issued August
21 st, almost a year ago today, to Thomas Lewick. The Board of
Trustees approved the administrative amendment to Wetlands
Permit 5014 to reinstall the seasonal dock that consists of a
4x4 platform, 420 ramp, leading to a level 456 fixed dock as
depicted on revised project plan prepared by Thomas Lewick.
It does not stipulate the in and out date. The original
Board of Trustees 24 August 20, 2014
permit that is referenced in that decision was issued July 6th,
1999, wetland Permit, then it just goes to describe the same
dock. But it doesn't have a date on it.
And then the dock to the east, that was originally issued
by the Board June 22nd, 1990. And that looked like it was -- it
doesn't say it on that one either. So there was no timeframe on
either. But basically you have the three docks in a row. The
west and east have permits. Its a little bit shorter in the
center. We are just looking basically for the same decision
rendered to the two neighbors.
TRUSTEE BREDEMEYER: Any additional questions or comments?
Anyone else wish to speak on this matter?
(No response).
Hearing none, I'll make a motion to table this application
pending the LWRP.
TRUSTEE SANDERS: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
MR. HERRMANN: Will you let us know if there is anything else you
want or need from us?
It would have been great if Mark had done this before tonight.
All right, good night, all.
TRUSTEE KING: Number eight, Jeffrey Patanjo on behalf of PAUL
SENNETT requests a Wetland Permit to install 52 linear feet of
vinyl bulkhead with a 12 linear foot vinyl return; install 3'x7'
timber stairs to beach; install 60 cubic yards clean sand fill
landward of proposed bulkhead; and install a 15' wide non-turf
buffer along the landward edge of the bulkhead. Located: 450
Richmond Road East, Southold.
This was found inconsistent with the LWRP. New bulkheads
in creeks and bays are prohibited unless the operation involves
the construction of a low sill bulkhead. Note however the
portions of the property are located in the FEMA VE zone,
boating hazards should be taken into account in your decision
making. In the event the action is approved, all bulkhead
construction and renovation work requires the establishment of a
permanent non-turf buffer. Those are the comments from the LWRP
coordinator.
The CAC resolved to support the application as it was
submitted.
Is there anyone here to speak on behalf of or against this
application?
MR. PATANJO: Jeff Patanjo on behalf of the applicant. This is
the same continuation of the other three bulkheads that were
just done, previously approved, just to the west. One of the
Susan Oliveri properties, which is one house in between, which
is Geoffrey Pazzanese that you just did the approval on. Same
situation. She didn't have a bulkhead and we want to create a
continuous bulkhead across all three of these properties.
TRUSTEE KING: I think the first thing we should do is refer to
Board of Trustees 25 August 20, 2014
these as retaining walls. They are not bulkheads.
MR. PATANJO: Correct, retaining walls.
TRUSTEE BREDEMEYER: That gets us out of the issue of bulkheads
on bays. And they truly are retaining walls.
TRUSTEE KING: We were all out there and looked at it. Do we have
any pictures of that?
Where are you with the DEC on this?
MR. PATANJO: Still pending review.
TRUSTEE KING: They have not approved it yet?
MR. PATANJO: No.
TRUSTEE SANDERS: Do we have our pictures that we took?
TRUSTEE BREDEMEYER: Apparently not.
TRUSTEE SANDERS: If you need to see them, I have them.
TRUSTEE KING: We have pictures in the file that are pretty good.
TRUSTEE SANDERS: Okay.
TRUSTEE KING: My only concern on this, is it is really heavily
vegetated along that bluff. And you are going to lose all that
when you put that bulkhead in.
MR. PATANJO: The same situation was with the Oliveri property.
It was also heavily vegetated. We did lose some during the
storm. And Mr. Sennett is fearful that since his neighbors
constructed bulkheads, he'll lose property as well during the
next storm. And we are not going to disrupt any tidal wetlands.
TRUSTEE KING: I understand that. Like I say, I was just a little
uncomfortable we are going to lose so much vegetation there.
TRUSTEE BERGEN: I believe out in the field we had looked at
moving it slightly landward, so there was a spot there where it
could result in the loss of one Baccharus.
TRUSTEE KING: It would be like on the northeast/easterly side, I
guess. I was a little disappointed, quite frankly, the neighbor
to the west of that bulkhead is out further than I thought it
was going to be, personally. It almost looks like a land grab,
you know.
TRUSTEE DOMINO: If you look at the survey, it's consistent with
the property. It's not a land grab in that regard.
TRUSTEE BREDEMEYER: You have the aspect of elevation against the
scenery backdrop.
TRUSTEE KING: Does he own out to the high water mark, do you
know?
MR. PATANJO: Yes. The tide line is at the high water mark.
TRUSTEE KING: Does someone want to make a motion?
I'm uncomfortable moving on this, quite frankly.
TRUSTEE SANDERS: What would change your thoughts?
TRUSTEE KING: If the bulkhead was moved landward more along the
toe of the bluff, rather than out so far.
TRUSTEE BREDEMEYER: You say it's pending with DEC?
MR. PATANJO: DEC, just notice of receipt of application is all I
have.
TRUSTEE BERGEN: How about we look at the opportunity here to
table this, meet you out in the field where we can determine
what we think is a more appropriate line for this retaining
Board of Trustees 26 August 20, 2014
wall. Would you be comfortable with that?
MR. PATANJO: The only reason I am is because I don't have DEC
and I don't know what they are going to say.
TRUSTEE KING: That's one of my concerns, too.
MR. PATANJO: So I'm comfortable with that.
TRUSTEE KING: And maybe you'll hear something from them in the
meantime.
MR. PATANJO: Correct.
TRUSTEE KING: All right. I'll make a motion to table this
application and revisit it on the next field inspection.
TRUSTEE SANDERS: I'll second that.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE BERGEN: Number nine, Jeffrey Patanjo on behalf of
JONATHAN ZAVIN requests a Wetland Permit to remove existing
timber ramp and float; construct an additional 4'wide by 30'
long pier extension onto existing 4'x39'fixed pier for an
overall length of 69'; install a new 3'x16' aluminum
ramp; install a new 6'x20' floating dock with two (2) 8"
diameter piles; and install thru-flow decking over wetlands area
on existing and proposed dock. Located: 3005 Wells Road,
Peconic.
The CAC did not make an inspection, so they have no
recommendation from them. The Board did go out and looked at
this on their field inspection. The LWRP found this to be
inconsistent. The inconsistency is several pages long. Basically
it's the proposed dock extension would extend into public waters
significantly farther than the existing dock. So he's suggesting
an alternative of seasonal mooring. This is Richmond Creek, a
significant coastal fish and wildlife habitat. Public access
could be infringed. Again recommending the alternative use of
seasonal mooring. The applicant enjoys public access via
existing private dock structure.
So just for clarification, the dock was extending out a
short distance. We did, when we were out there, initially, we
couldn't see the stakes. We then discovered the stakes, it's
full moon high tide, they were significantly underwater. But we
could see the shadow of orange underwater.
So is there anybody here to speak for or against this
application?
MR. PATANJO: Jeff Patanjo on behalf of the applicant. This is
really just an extension to obtain more water depth for his
boat. He has a 6x20 float, typical aluminum ramp, and as you can
see on the proposed plan, it's in-line with the adjacent docks to
the north and to the south. There is no projection further into
the waterway than they are. And the waterway is fairly large.
440 feet wide. It's got some good width to it.
TRUSTEE KING: Do you know whether or not this was previously
permitted, under another name, maybe?
MR. PATANJO: I don't know.
Board of Trustees 27 August 20, 2014
TRUSTEE BERGEN: Yes, if you could just come up to the microphone
so we could hear your comments.
MR. ZAVIN: Jonathan Zavin. I believe it was previously
permitted. We just bought the house a year-and-a-half ago. But
when we bought it, we did look for permits, and I'm quite sure
the thought was the dock was previously permitted.
I know a number of you gentlemen saw it, and the problem is
at low tide the boat is in the mud because the dock is located
in a cove. The other two adjacent docks actually project out
much further because we are in this little shallow cove area.
So what we are trying to do is just get out far enough so we are
somewhere near the other docks in the same water.
MR. PATANJO: I want to add to that, sorry to interrupt, but it
is permitted
TRUSTEE KING: That's what I thought. Was it under the name of
Nahas, maybe?
MR. PATANJO: I don't know. It was 2013, they did a revision for
8148. It was permitted.
TRUSTEE BERGEN: 8148. Thank you.
TRUSTEE KING: That's what I thought. I thought it was a
permitted structure.
TRUSTEE BERGEN: And I know, with what you have proposed here,
it's actually bringing it more in-line with the other adjacent
docks and with the construction standards that would match the
other docks. You have also proposed flow-through open-grating
over the wetland area, correct?
MR. PATANJO: Correct. We'll replace all the existing decking
with the flow-through over the wetlands.
TRUSTEE BERGEN: Okay. Anybody else who wanted to speak regarding
this application? Any other comments from the Board?
(No response).
With that, I'll make a motion to close this public hearing.
TRUSTEE BREDEMEYER: Second. All in favor?
(ALL AYES).
TRUSTEE BERGEN: I'll make a motion to approve the application of
Jonathan Zavin as described, noting that this was a dock
previously permitted under permit number 8148, and given the
construction standards and the fact that it is not going to
extend beyond the other docks, we would deem it consistent under
the LWRP.
TRUSTEE DOMINO: I'll second that.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE SANDERS: Ladies and gentlemen, last but not least,
Jeffrey Patanjo on behalf of CHANNING REAL ESTATE, LLC, c/o
DOUGLAS CHAN requests a Wetland Permit to remove and replace 78
linear feet of storm damaged timber bulkhead and 35 linear foot
return with new vinyl bulkhead and return in-place; add 100
cubic yards of clean sand fill; and install a 10' wide non-turf
buffer along the landward edge of the bulkhead.
Board of Trustees 28 August 20, 2014
Located: 455 MacDonald Crossing, Laurel.
The LWRP has found this to be consistent and the CAC
resolved to support the application. We did go inspect this on
the 13th, and we were suggesting --so August 13th we did
inspect this.
Is there anybody here to speak on behalf of this
application?
MR. PATANJO: Jeff Patanjo, on behalf of the applicant. I have no
comments unless you have a question. It's to remove and replace
bulkhead and replace fill lost during storm.
TRUSTEE SANDERS: I think one thing we were suggesting is a
ten-foot non-turf buffer.
MR. PATANJO: It's already on the plan.
TRUSTEE SANDERS: There you go. Then I'll make a motion to close
this hearing.
TRUSTEE DOMINO: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE SANDERS: I'll make a motion to approve this application.
TRUSTEE BREDEMEYER: Motion made. Is there a second?
TRUSTEE KING: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
MR. PATANJO: Thank you.
TRUSTEE BREDEMEYER: Motion to adjourn.
TRUSTEE SANDERS: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
Respectfully submitted by,
*0% "0.X_
John M. Bredemeyer III, President
Board of Trustees