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HomeMy WebLinkAboutTR-12/17/2014John M. Bredemeyer III, President Michael J. Domino, Vice -President James F. King, Trustee Dave Bergen, Trustee Charles J. Sanders, Trustee OF SOUIyo � O igso • �Q y�OUNV i* BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MINUTES Wednesday, December 17, 2014 5:30 PM Present Were: John Bredemeyer, President Michael Domino, Vice -President Jim King, Trustee Charles Sanders, Trustee Elizabeth Cantrell, Clerk Typist Lori Hulse, Assistant Town Attorney CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 RECEIVED Ve8 JAN 2 8 2015 Southold Town Clerk NEXT FIELD INSPECTION: Wednesday, January 14, 2015 at 8:00 AM NEXT TRUSTEE MEETING: Wednesday, January 21, 2015 at 5:30 PM WORKSESSIONS: Tuesday, January 20, 2015, at 5:00 PM at the Main Meeting Hall Wednesday, January 21, 2015, at 5:30 PM at Downs Farm. APPROVE MINUTES: Approve Minutes of December 10, 2014 TRUSTEE BREDEMEYER: Our next field inspection will be Wednesday, January 14th, 2015, at 8:00 AM. Do I have a motion to approve? TRUSTEE KING: I'll make that motion. TRUSTEE DOMINO: Second. TRUSTEE BREDEMEYER: All in favor? (ALL AYES). TRUSTEE BREDEMEYER: The next Trustees meeting will be Wednesday, January 21st, 2015, at 5:30 PM. Motion to approve? TRUSTEE KING: So moved. TRUSTEE BREDEMEYER: Second? TRUSTEE DOMINO: I'll second it. TRUSTEE BREDEMEYER: All in favor? (ALL AYES). TRUSTEE BREDEMEYER: Worksession, for Tuesday, January 20th, 2015, at 5:30 PM, at Downs Farm; and on Wednesday the 21st, 2015, 5:00 PM, at the Main Meeting Hall. Motion to approve? TRUSTEE KING: So moved. Board of Trustees 2 December 17, 2014 TRUSTEE SANDERS: Second. TRUSTEE BREDEMEYER: Motion is made by Trustee King, seconded by Trustee Sanders. TRUSTEE BREDEMEYER: I'll take a motion to have our organizational meeting Monday January 5th, 5:30 PM, at Downs Farm. TRUSTEE DOMINO: So moved. TRUSTEE KING: Second. TRUSTEE BREDEMEYER: All in favor? (ALL AYES). TRUSTEE BREDEMEYER: I would move to table the Minutes of the December 10th meeting so that all the Board members have an opportunity to read them and review them, the Minutes to be moved at the next meeting of the Trustees, wherein they will consider the matter that was at hand on December 10th, that was to be an approve or deny an application on behalf of Savino for a wetland permit. Do I have a motion? TRUSTEE BERGEN: Discussion. TRUSTEE BREDEMEYER: Motion has been made but there has not been a second. For discussion. TRUSTEE DOMINO: I'll second. TRUSTEE BREDEMEYER: Motion made and second. Discussion. TRUSTEE BERGEN: Have we Trustees read those Minutes yet? I know I have. I don't know if any of the other Trustees have. TRUSTEE DOMINO: I didn't. TRUSTEE KING: I read the Minutes. TRUSTEE SANDERS: I didn't. TRUSTEE BREDEMEYER: Okay, I'll note, I think what I heard was two Trustees had an opportunity to read and a third has not. Accordingly, there has been a motion made and seconded. A vote on that to table the approval of those Minutes. TRUSTEE KING: Aye. TRUSTEE BREDEMEYER: All in favor? (ALL AYES). I. MONTHLY REPORT: The Trustee monthly report for November 2014. A check for $13,275.29 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. 111111. 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 VIII Public Hearings Section of the Trustee agenda dated Wednesday, December 17, 2014, are classified as Type II Actions pursuant to SEQRA Rules and Regulations, and are not subject to further review under SEQRA: Board of Trustees 3 December 17, 2014 Willem Kooyker & Judith Ann Corrente — SCTM# 3-1-5 Rev. Martin J. Bancroft, Jr. — SCTM# 15-2-16 Jane & Vincent Martorana — SCTM# 33-4-32 David & Elizabeth Ross — SCTM# 123-8-24.1 Ertan Yenicay — SCTM# 83-1-33 W. Richard & Wendy Bingham — SCTM# 6-4-2 FBO Associates LLC, c/o Arnold Fisher — SCTM# 7-1-2.1 Alan Schlesinger — SCTM# 145-4-7 Paul Pawlowski — SCTM# 115-11-15 Mimi Colombo — SCTM# 136-1-48 Treasure Island Cove, LLC — SCTM# 23-1-2.4 Mark King — SCTM# 106-4-5 TRUSTEE BREDEMEYER: We'll vote the aforementioned items as a group, those items being listed in your agenda. Motion made. Do I hear a second on that? TRUSTEE KING: Second. TRUSTEE BREDEMEYER: All in favor? (ALL AYES). IV. RESOLUTIONS - ADMINISTRATIVE PERMITS: TRUSTEE BREDEMEYER: Administrative Permits. Administrative permits are items for which the Board reviews administratively during the course of monthly field inspections or in-house on inspection day and are minor actions that do not usually involve detailing and major environmental impacts. Based on the items I have before me, absent objection from any Board member, I believe we can group items one, two and four together. I would move those, to approve items one, two and four as a group. They are listed as follows: Number one, Samuels & Steelman Architects on behalf of ANTHONY DANIELE requests an Administrative Permit for the existing irregularly shaped (326sq.ft., 19.25'x30.25') overhead deck structure attached to rear of existing residence; and to add to it by constructing an additional 381sq.ft., 16.7'x24.3' overhead deck structure with new swim spa (114sq.ft., 8'x14.5'); remove existing overhead deck stairs and construct new stairs (53sq.ft., 3.6'x14.4') from north end of existing deck structure to grade; and for the installation of swim spa equipment. Located: 990 Koke Drive, Southold. Number two, ROBERT P. AUTERI requests an Administrative Permit to replace existing windows with new larger windows, add windows in new locations, and replace doors on the existing dwelling. Located: 3885 Camp Mineola Road, Mattituck. And number four, MARIE & ERIC MUNTNER requests an Administrative Permit to construct a 22.2'x25.9' two -car garage; construct a 14'x25' addition to dwelling; new dormer; and construct a 19'x14' deck attached to dwelling. Located: 4210 Ole Jule Lane, Mattituck. Do I have a second? Board of Trustees 4 December 17, 2014 TRUSTEE SANDERS: I'll second. TRUSTEE BREDEMEYER: All in favor? (ALL AYES). TRUSTEE BREDEMEYER: I'm in possession of the file for number three, Jerome O. Morrissey, and I'll pass this off. I had an emergency and I was not able to meet with the Board on this inspection. Maybe Trustee Domino or Trustee King or Trustee Bergen can speak to this directly from the field notes. This is in Laurel. TRUSTEE KING: I'll take it. TRUSTEE BREDEMEYER: Thank you. TRUSTEE KING: Number three, JEROME O. MORRISSEY requests an Administrative Permit for the as -built 46"x22' cedar walkway from existing walkway to bulkhead; as -built 8 cubic yards of beach sand within a 20'x25' area; and to install approximately 155' of 6' high fencing along property line. Located: 1780 Great Peconic Bay Boulevard, Laurel. This was found consistent and also inconsistent. I just want to see what the inconsistency was here. (Perusing). It was found inconsistent because the cedar walkway was not built with a permit. We were all out there. It was just a small walkway down to where the bulkhead is and it was a little sandy area just to the south that was also installed without a permit. We saw no real environmental impact to this at all. So I think by issuing a permit for that walkway and the eight cubic yards of sand that was placed behind the bulkhead, we would find that consistent. Other than that, it's a little strange situation here. There is an existing fence almost on the property line already there, and I guess this gentleman prefers to have his own fence. So you'll basically have a double fence here. The existing fence has a permit on it, as far as we know. So there will be a second fence on this gentleman's property. It's kind of a strange situation, but I don't think there is any real issues with it. I'll make a motion to approve. TRUSTEE DOMINO: Second. TRUSTEE BREDEMEYER: All in favor? (ALL AYES). V. APPLICATIONS FOR EXTENSIONS/TRANSFERS/ADMINISTRATIVE AMENDMENTS: TRUSTEE BREDEMEYER: For applications for extensions, transfers and administrative amendments. I believe some of these sites were the subject of additional inspections. Are there any members here who wish to exclude any from group approval? TRUSTEE BERGEN: Number five. TRUSTEE BREDEMEYER: Okay, we'll exclude number five. Any others? (No response). Board of Trustees 5 December 17, 2014 Hearing none other, I'll make a motion to approve under agenda Item V, I move to approve items one, two, three and four. They are listed as follows: Number one, ROBERT O'BRIEN requests a One -Year Extension to Wetland Permit #8000 and Coastal Erosion Management Permit #8000C, as issued on January 23, 2013. Located: 1955 Truman's Path, East Marion. Number two, Eugene Burger on behalf of MILL CREEK PARTNERS LLC requests a One Year Extension to Wetland Permit #8029, as issued on January 23, 2013, and Amended on January 22, 2014. Located: 64300 Route 25, Greenport. Number three, CHRISTINE CHOCKO GAVIN REVOCABLE TRUST requests a Transfer of Wetland Permit #1859 from Morandina Living Trust to Christine Chocko Gavin Revocable Trust as issued on August 31, 1984, and Amended on July 23, 2014; and for an Administrative Amendment to reconfigure the floating dock from a "T" shape to an "I" shape. Located: 3715 Stillwater Avenue, Cutchogue. And number four, SEAN McCOYD requests an Administrative Amendment to Wetland Permit #8059 to remove existing brick patio and construct a 12'x24' wood deck with stairs. Located: 3360 Minnehaha Boulevard, Southold. Do I have a second? TRUSTEE DOMINO: Second. TRUSTEE BREDEMEYER: All in favor? (ALL AYES). TRUSTEE BERGEN: Number five, JAMES PAPE requests an Administrative Amendment to Wetland Permit #5162 to remove one (1) 6'x20' float from existing docking facility with remaining 6'x20' float to stay in an "L" shape configuration. Located: 1885 Home Pike, Mattituck. This is a simple administrative amendment to remove one 6x20 float. We have to, the Trustees have to, in doing so, remove a Trustee covenant and restriction that was placed on this property and the adjoining property on April 18th, 2000. So I would move to approve this application with the condition that the covenant and restriction from April 18th, 2000, imposed by the Trustees, is removed from the property. TRUSTEE DOMINO: I'll second that. TRUSTEE BREDEMEYER: Motion has been made and seconded. All in favor? (ALL AYES). TRUSTEE BREDEMEYER: We'll go off the record for a few seconds. We have an administrative request of our clerk. TRUSTEE BERGEN: While we are waiting, for the members of the audience, on the agenda tonight, ten, eleven, 12 and 13 have been postponed. They are listed as follows: Number ten, Suffolk Environmental Consulting on behalf of JOHN FISCHETTI requests a Wetland Permit to remove existing dock and construct a 4'x112' elevated catwalk; a 3'x15' hinged ramp; and Board of Trustees 6 December 17, 2014 a 6'x20' floating dock; all materials to be non -treated and all hardware to be hot -dipped galvanized. Located: 2615 Wells Road, Peconic. Number eleven, Gary Steinfeld on behalf of MARK KING requests a Wetland Permit for the partial demolition and reconstruction of existing 30.5'x22.4' dwelling including removal of southern portion of structure (5.2'x22.2'); expansion of footprint to 28'x32' with additions on north and east elevations; addition of a second story; and construction of a 12'x29' deck on west elevation; and 4'x6' covered entry porch on north elevation. Located: 200 East Mill Road, Mattituck. Number 12, Patricia C. Moore, Esq., on behalf of TOM & MAE MAURI requests a Wetland Permit to construct an 18'x36' swimming pool with 4'x10' steps into pool, and existing pool drain; install 1,450sq.ft. Patio pavers on concrete at grade starting at elevation of existing house; install 220 linear feet of retaining wall with height ranging from 1'6" to 3'19" beginning at the 18.5' contour line, running along seaward side of pool and returning to house for the purpose of maintaining grade of pool and patio; install 200 cubic yards clean fill as needed; install 4' high pool enclosure fencing; plant natural drought tolerant native vegetation on the seaward and landward sides of retaining wall; and install stone walkway and stone steps to existing slate patio, from walkway to dock, and from patio area to side yard. Located: 1135 Calves Neck Road, Southold. Number 13, Patricia C. Moore, Esq. on behalf of PASQUALE & MARTIN ROMANELLI request a Wetland Permit for the existing 47'x40' dwelling; existing 20'x36.5' westerly wood deck attached to dwelling; existing 9.2'x10.4' wooden deck with 3' wide beach stairs with railings leading to a 5'x6' platform, and 3'x7' platform with stairs to beach; and for the existing 150 linear foot long wooden bulkhead. Located: 515 South Oakwood Drive, Laurel. I would not want anyone here waiting for a hearing that has been postponed. TRUSTEE BREDEMEYER: Thank you, very much. Okay, so now we are, everyone has been advised of the postponements. Having clarified, there was a question that came up from the clerk concerning processing our administrative amendments. And it has been settled. VI. MOORINGS & WATERFOWL/DUCK BLINDS TRUSTEE BREDEMEYER: The next item we have is item number six, moorings and waterfowl duck blinds. We should do these individually because a question has come up, we have to ask some questions of item number two, the gentleman is here who seeks a duck blind permit in Cedar Beach Creek. Item one, THOMAS GRAY requests an On-Shore/Off-Shore Stake & Pulley System Permit in Narrow River for a 14' O'Day sailboat, replacing Stake #12. Access: Public. Board of Trustees 7 December 17, 2014 This is a replacement of an onshore/offshore stake and pulley coming off the waiting list for Narrow River Marina. I would move to approve this application as submitted. Do I hear a second? TRUSTEE KING: Second. TRUSTEE BREDEMEYER: All in favor? (ALL AYES). TRUSTEE BREDEMEYER: Number two, CHRISTOPHER R. SHOWALTER requests a Waterfowl/Duck Blind Permit to place a Waterfowl/Duck Blind in Cedar Beach Creek using private access. Located: Cedar Beach Creek, Southold. Although this is not an opportunity for public hearing because these sorts of applications are not affording one, these are basically administrative, I just wanted to clarify, because Mr. Showalter, who is applying for a duck blind in Cedar Beach Creek, requested consideration for two possible options for the location of his blind. And the initial discussion that I had with Mr. Showalter concerning his preferred location may have changed. So at this time, I just want to clarify, at this time, Mr. Showalter, you are seeking was it option A which is closer to the entrance to Cedar Beach Creek, which the Trustees agree the locations both are suitable. I just want to clarify that. (UNIDENTIFIED VOICE): That's correct. TRUSTEE BREDEMEYER: Okay. So we'll be voting for option A for the location of the duck blind at the entrance of Cedar Beach Creek with available safety, meaning -- that would mean the hunting parties would be shooting out over the open wetlands and not toward any of the houses. Accordingly, I would move to approve this application. TRUSTEE SANDERS: Second. TRUSTEE BREDEMEYER: All in favor? (ALL AYES). VII. RESOLUTIONS — OTHER: TRUSTEE BREDEMEYER: Under Resolutions -Other, I would move to table item number one under VII, which reads: DANA & MICHAEL SAVINO request a Wetland Permit to repair/replace existing +/-100' long bulkhead with a 38' north return and a 64' south return using vinyl sheathing; remove and replace existing 100'x21' decking; temporarily remove and replace existing gazebo; and add approximately 275 cubic yards clean fill. Located: 1945 Bayview Avenue, Mattituck. SCTM# 106-6-37. 1 would move to table this item, which is up for consideration by the Board, to a different place and time. would be willing to set it now if those people are aware of their calendar or we can ask the clerks to schedule this for a subsequent date. What is your pleasure? TRUSTEE SANDERS: Subsequent date. TRUSTEE KING: I would set it for as soon as possible, preferably Monday. Board of Trustees 8 December 17, 2014 TRUSTEE BREDEMEYER: Can we set it for Tuesday and give them an opportunity to distribute materials concerning the wording that we might use for a resolution, and have the Board review that? Does Tuesday work? Do you want to work in the early morning hour? TRUSTEE BERGEN: I'm not available on Tuesday. TRUSTEE BREDEMEYER: At all? TRUSTEE BERGEN: No. TRUSTEE BREDEMEYER: How about Wednesday early? TRUSTEE BERGEN: I'm not available Wednesday early. TRUSTEE BREDEMEYER: Do you have a date you might be available? TRUSTEE BERGEN: I can be available in the evenings, but not in the mornings for this. And I can be available any day except Christmas day next week. TRUSTEE BREDEMEYER: Can we get together Tuesday evening, find a meeting space and notify members to get together either at Downs Farms or here, at a meeting space at 5:30? Is that amenable? MS. CANTRELL: Is this for you to just go over, or for resolution? TRUSTEE BREDEMEYER: We'll do it for resolution. TRUSTEE SANDERS: I won't be there, but I'll be abstaining anyway because I was not here when this file came on, which was in 2013. TRUSTEE BREDEMEYER: Hearing no objections, and if it's a consensus position, we'll meet at the meeting hall, with the clerk providing notice, at 5:30 on Tuesday. TRUSTEE BERGEN: Is there a motion to table this? TRUSTEE BREDEMEYER: There was a motion to table this until such meeting. Motion has been made. TRUSTEE DOMINO: I'll second that. TRUSTEE BREDEMEYER: Second to table until 5:30 PM next Tuesday, the 23rd, which is six days from now. Table to the 23rd, 5:30 PM. Thank you. All in favor? (Trustee Bredemeyer, aye. Trustee Domino, aye. Trustee King, aye. Trustee Sanders, aye. Trustee Bergen, nay). TRUSTEE BERGEN: I vote no, for the record, please. TRUSTEE BREDEMEYER: Noted that Trustee Bergen votes no. I hope that means you'll be participating with us, Trustee Bergen, as well, given your no vote. At this time I'll take a motion to go onto our public hearings for Wetland notices. TRUSTEE DOMINO: So moved. TRUSTEE KING: Second. TRUSTEE BREDEMEYER: All in favor? (ALL AYES). VIII. PUBLIC HEARINGS: AMENDMENTS: TRUSTEE DOMINO: Amendments, number one, Suffolk Environmental Consulting on behalf of CHRISTOPHER STABILE requests an Amendment to Wetland Permit #8027 for the as -built +/-3' high by Board of Trustees 9 December 17, 2014 +/-63' long wood retaining wall located within the northeastern section of the property. Located: 9975 Nassau Point Road, Cutchogue. This had been tabled in the past pending admission of an engineer -stamped plans for the as -built wall. It was deemed inconsistent by the LWRP coordinator because it was built without a Trustee permit. And with the addition of these plans which were stamped and dated December 15th, 2014, it is now possible to go forward. Is there anybody here to speak to this application? (No response). Any questions or comments from the Board? (No response). Hearing no questions -- TRUSTEE BERGEN: The only comment I have, I know we received testimony on this, and from Mr. Stabile, who is, I believe, a licensed engineer and he stamped the plans. My challenge with this is this is a structure that if it had come in in an application for a permit, I doubt we would have approved as it has been constructed or as it has been engineered and built. We noticed out in the field it appears to be failing. For myself, I'm planning on voting no because I feel we would not have approved this if it had come in ahead of time, and it does in fact appear to be failing. So I don't think it would be appropriate to give a permit for this structure. TRUSTEE BREDEMEYER: Do we have a motion on the floor? TRUSTEE DOMINO: Not yet. TRUSTEE BREDEMEYER: We are having a discussion preceding the motion. Maybe we should go with a motion and second and have discussion. TRUSTEE DOMINO: Hearing no further comments, I would like to make a motion that we close the hearing. TRUSTEE BERGEN: Second. TRUSTEE BREDEMEYER: All in favor? (ALL AYES). TRUSTEE DOMINO: I make a motion we approve this amendment with the stipulation if at any time in the future it is rebuilt, that it has to be rebuilt according to SCIF code standards that the Trustees would approve at that time and notice that by granting this as -built amendment we would bring it into consistency. TRUSTEE BREDEMEYER: Motion has been made. I'll second that motion. Discussion? TRUSTEE KING: I tend to agree with Dave a little bit here. It appears to be failing. But we had testimony, the dock builder came in and said it's not failing, it only leaned out like that because of the building of the bulkhead in front of it. We have a set of plans from a licensed engineer, professional engineer. That's some of my concerns, but I'll tend to vote yes on this. If it falls down, it falls down. TRUSTEE BREDEMEYER: I would mirror Trustees King's discussion that we have stamped plans, testimony from experienced dock builders. There comes a point in time when the Trustees, at Board of Trustees 10 December 17, 2014 least myself as a Trustee, I don't intend to supplant the professionalism and the expert discussion that has come before us. TRUSTEE DOMINO: There is a motion on the floor. TRUSTEE BREDEMEYER: All in favor? (Trustee Bredemeyer, aye. Trustee Domino, aye. Trustee King, aye. Trustee Sanders, aye. Trustee Bergen, nay). All aye, except Dave, votes nay. TRUSTEE BREDEMEYER: In the matter of number two, Samuel W. Fitzgerald on behalf of WILLEM KOOYKER & JUDITH ANN CORRENTE requests an Amendment to Wetland Permit #8384 to construct a one-story 673sq.ft. Screened porch and pergola on the footprint of an existing patio that is attached to dwelling. Located: 7832 Claypoint Road, Fishers Island. The Board has had an opportunity to review the file and extensive photo overlay of the proposed activity and the activity clearly falls within the provisions of granting an amendment to a wetland permit. It is a minor activity. And it is not located anywhere near the existing wetland. I would accordingly, I would, in opening this hearing, I would ask is there anyone here who wishes to speak on behalf of this application or against it? MR. FITZGERALD Hi, I'm Sam Fitzgerald, agent for the owner, happy to answer any questions you may have. TRUSTEE BREDEMEYER: Any questions of the Trustees? (No response). The plans were very explicit. We made a valiant attempt to go to Fishers Island, which you may have heard, but we had to scrub that on account of very inclement weather. So I appreciate the detailing here, particularly for a project of this scale. It made it very clear for the Board to make a determination. MR. FITZGERALD: Thank you. TRUSTEE BREDEMEYER: Accordingly, hearing no additional questions or concerns, I'll make a motion to close the hearing in this matter. TRUSTEE DOMINO: Second. TRUSTEE BREDEMEYER: All in favor? (ALL AYES). TRUSTEE BREDEMEYER: Motion to approve in application as submitted. TRUSTEE SANDERS: Second. TRUSTEE BREDEMEYER: All in favor? (ALL AYES). MR. FITZGERALD: Thank you. WETLAND & COASTAL EROSION PERMITS: TRUSTEE KING: Number one, under Wetland and Coastal Erosion Permits. REV. MARTIN J. BANCROFT, JR. requests a Wetland Permit and a Coastal Erosion Management Permit for the as -built Board of Trustees 11 December 17, 2014 reconstruction/re-alignment of existing storm damaged 40' long by 2'-4' wide row of stone and concrete pieces; and the addition of 30 cubic yards of fill onto eroded area of the bluff. Located: 38099 Main Road, Orient. This was found consistent with the LWRP. Its consistency provides no natural occurring boulders or stones are removed from the beach or waters. The Conservation Advisory Council resolved not to support the application because the application does not address the issue of redirected energy which imperils the adjacent properties. The CAC recommends a management plan along this coastline to mitigate not only the subject property but the damage to adjacent properties as well. Those are the CAC comments. We went out and looked at it. There has been some erosion problems there, evidently. I think the only recommendation we would make is for that slope to be re -vegetated with native vegetation, American beach grass, something like that, to stop some of that erosion. And the only question I had was, on the west side there it looks like an access area to come down to the Sound, is that the purpose of that, is to gain access for a vehicle or -- REV. BANCROFT: I didn't put that in, sir. TRUSTEE KING: Just identify yourself, for the record. REV. BANCROFT: My name is Martin Bancroft. I didn't put that access road. When I bought the property in 1998, 1 think it had been there for about 30 or 40 years. And I bought it from Mr. Latham. Terry Latham. TRUSTEE KING: It was already there. Okay. REV. BANCROFT: And Mr. Latham did the work, this work, the erosion work. TRUSTEE KING: So if that can be kept planted also. It looks like it was planted somewhat. It would stop that erosion going on to the beach. REV. BANCROFT: Sea grass, possibly. No? TRUSTEE BERGEN: Cape American beach grass. TRUSTEE KING: It's pretty tough stuff. It gets a good root system going. Other than that, I didn't have any issues with it. I don't think the Board did. So any other comments from anybody? (No response). I'll make a motion to close the hearing. TRUSTEE SANDERS: Second. TRUSTEE BREDEMEYER: All in favor? (ALL AYES). TRUSTEE KING: And I'll make a motion to approve the application with the eroded areas being replanted. TRUSTEE SANDERS: Second. TRUSTEE BREDEMEYER: All in favor? (ALL AYES). REV. BANCROFT: I can go home? Board of Trustees 12 December 17, 2014 TRUSTEE BERGEN: Yup. Have a good night. TRUSTEE BERGEN: Number two, En -Consultants on behalf of JANE & VINCENT MARTORANA requests a Wetland Permit and a Coastal Erosion Management Permit to install approximately 70 linear feet of gabion revetment consisting of two vertically stacked rows of stone gabions (filled with 4%8" stone rip -rap), over 50-100 pound core stone; re -nourish eroded lower bluff area along approximately 88 linear feet of shoreline (inclusive of area landward of proposed gabions) with approximately 230 cubic yards of fill material, including approximately 130 cubic yards of on-site material derived from gabion installation, and up to 100 cubic yards of clean sand fill to be trucked in from an approved upland source; terrace an approximately 1,245 square foot area landward of gabions; and re -vegetate restored areas with native vegetation. Located: 700 Sound Drive, Greenport. This was reviewed under the LWRP and found to be consistent, with the stipulation or the recommendation, excuse me, from the LWRP, that no naturally occurring boulders or stones are removed from the beach. And the CAC resolved that they did not support the application to install gabions along the shoreline because the application didn't address the issue of redirected energy, which imperils the adjacent properties. The Board did go out and looked at this. Is there anybody here to speak on behalf of this application? MR. HERRMANN: Yes, sir. Good evening. Rob Herrmann of En -Consultants, on behalf of the applicant. Also Jeffrey Butler of Coastal Engineering is here as well. Just as a quick review of the application, and then Jeff is here and can respond to any specific questions about the design. And I'll try be responsive to the CAC comments also. If you look at photographs of the site, I assume the Board has been to the site, and on the plans you'll see there is actually an existing stone structure that is located to the west, along the entire toe of the bluff. And that stone structure actually extends a certain distance on to the Martorana property. Similarly, at the property line on the east side of the property, there are some very large, naturally occurring boulders that occur in a large cluster at the toe of the bluff, right along the property line. The bluff area here, particularly underneath the stairway and center, has undergone some chronic erosion over the years. That's the structure you just put up on the screen there to the west, I believe. And so the proposal here ideally would have been to have a similar boulder structure that would basically tie the stones on either end of the property together. The problem here is access. There is really no way to get stones of that size up the beach or down the bluff. TRUSTEE KING: Rob, how did they get those stones there? MR. HERRMANN: I don't know. I don't know. I know I have seen properties before where owners have availed themselves of stone Board of Trustees 13 December 17, 2014 that was existing on the beach. That was not uncommon a long time ago. I don't know if that structure has a permit or if those were just stones that were piled up. TRUSTEE KING: I just happened to notice the size of them. They're huge. MR. HERRMANN: Yes, I did too, Jim. But what I noticed when I was here, it didn't look like a particularly engineered structure that a typical professional dock builder would build. It's really natural field stone that is being used. It's not the quarry stone that is often used in revetments. But I'm speculating. I don't know. We can only deal with the information that we had. We have been working with John Hocker of Latham Sand & Gravel, and with Jeff to try to figure out how to resolve this. So what we had come up with is the idea of using the gabions and designing them, as Jeff can explain a little more, basically in the same angle of repose as a rock revetment would have, which creates that angle, as opposed to a vertical wall that you would have with a bulkhead that would create more wave reflection in front of the structure. Again, in response to the CAC comments, in this particular case, because you have the stone on both sides, you don't have a concern about wave refraction or some sort of reflection of energy to the sides because there is similar stabilization on either side. So the idea here would be that the cages for the gabions and the smaller stone that will ultimately fill them, can be brought down from the top of the bluff. And then basically this thing can be constructed on the beach as they go. It's really the center part of the property that we are looking at in that photo right there that requires it the most. But given we are talking about a stretch of about 70 feet or so, it really would not make any sense to have a 30 or 40 foot strip in the middle, because then you would end up with like a 15 foot gap between hard structures on either side and you would just be inviting more severe erosion of those spots. So that's the context for what we put in front of you. Obviously this is not the typical structure that we would propose. Ordinarily we would go more with a three to five ton stone revetment. Basically we are working with the hand that we have been dealt with on this site. Again, I don't know if Jeff wants to summarize the design any further or if the Board has any specific questions for him, we would be happy to answer them. TRUSTEE BERGEN: Looking at cross-section A on page two of the plans, I see what you are proposing here is the gabion appears to be actually almost buried. The face of them obviously exposed, but the rest of them being buried. I'm trying to figure out the height from the base of the toe of the bluff, I guess I'll say, to the top of the gabion, looks like it's about three to four feet? MR. BUTLER: Yes. TRUSTEE BERGEN: Do you think that's going to be sufficient to handle the wave energy of Long Island Sound, typically the Board of Trustees 14 December 17, 2014 nor'easters that we get? MR. BUTLER: Well, we are up, typically our stone revetment designs we are up in the eleven to 12 datum. And on this design with these gabions the way they are stacked, we are up approximately that height. So we typically like to go a little higher but the DEC kind of limits us to 12. That has been the history on this shoreline. TRUSTEE BERGEN: Have you already been before the DEC with this? MR. HERRMANN: It's pending. TRUSTEE BERGEN: Thank you. Because I know one of our concerns is exactly what has already been brought up out in the field, given the requirements of the coastal zone permit, you know, the 30 -year, designing something that will withstand 30 years of events, weather events. And, you know, we are just concerned that something like this will be able to hold up to the wave energy of Long Island Sound. MR. BUTLER: Dave, I think that the design is adequate for a lateral wave energy, but I think your concern of overtopping is a real one, and that, you know, like I said, we like to get these higher, and we had numerous discussions with the DEC on allowing that height to come up a little bit, based on recent storms and activities that we've seen along the coast, and even given the fact that the flood zone we are in is a 16 on this coast. So they anticipate the 1 % storm to be at elevation 16. So that's a 100 -year event. The 30 -year event I think is 12, and that's kind of what they look at and limit us to, is that height. But the wall of these revetments that we end up at 12, putting us up at 12, we do anticipate getting overtopped, and the DEC's response to that is maintaining what has been washed out behind it and replanting. But the design of this is such that these baskets full of these stones have the mass to stay in tact for the lateral forces you are concerned about. TRUSTEE KING: My only concern is I have seen them fail in the Sound, unfortunately. But if you have -- now you have to have a 30 -year maintenance permit under coastal erosion, right? MR. HERRMANN: Yes. TRUSTEE KING: Does that mean like when you get a bad storm and those things get broken up, does that mean you have to go in and repair them and keep them maintained? MR. HERRMANN: Correct. That's essentially what that maintenance agreement under your code that applicants are required to sign. TRUSTEE KING: It's kind of like a safety net, then. MR. HERRMANN: Right. And the requirement is they don't have to come back to you for a new permit. They are just required to maintain what is permitted. TRUSTEE DOMINO: Would it be possible to increase the range and size of the stones that are put in the gabion without constraining your ability to get them down there? MR. BUTLER: Yes. TRUSTEE DOMINO: I think that would help in the event that it fails. Board of Trustees 15 December 17, 2014 TRUSTEE KING: Probably use the largest stone that you can for the gabion. MR. BUTLER: As Rob kind of explained, we are kind of backed into a corner here, because of access. We talked to people with barges to bring in, nobody would come into these waters because of the rocks out, it's just, there is no access. So it's a matter of getting these down the bluff face without having to roll them down. So, yes, we would shoot for as big as possible. TRUSTEE KING: I think I would be just as concerned about this one boulder up at the top of the bluff by the stairway. It's almost the size of a pick-up truck. And I don't know what is holding it there besides the force of habit. MR. HERRMANN: That was actually one of the things Judge Martorana had mentioned to me, that they had seen, just going down there each year, that every once in a while there would be one stone they were used to seeing on the bluff had managed to come down to the beach. Again, given the elevation here, and the condition of the beach, I don't think -- and also the condition of the vegetation, I don't think this is a spot that is being hit regularly. I think this is a spot that has been hit during some of these larger storms over the course of the past ten years, and during those single events that's when the damages occur. So the idea is really to just try to keep that toe in tact during those events so you don't keep getting the sloughing of the face and loss of some of those bigger stones in the storms. TRUSTEE BERGEN: Is there anybody else in the audience who wants to speak for or against this application? (No response). Not see anything, are there any other questions from the Board? (Negative response). Then 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 the application on behalf Jane and Vincent Martorana, noting that it has been found consistent under the LWRP. TRUSTEE SANDERS: Second. TRUSTEE BREDEMEYER: All in favor? (ALL AYES). MR. HERRMANN: Jay, could I ask you a question. Just in the order, the next two are both applications that I'm representing but Jeff is also here for Ertan Yenicay. Would you have a problem reversing the order of Ross and Yenicay, so Jeff could -- TRUSTEE BREDEMEYER: I'll leave it open to the Board's discretion (The Board indicates in the affirmative). TRUSTEE BREDEMEYER: Whoever has the Yenicay file. TRUSTEE SANDERS: I have it. MR. HERRMANN: Thank you. Board of Trustees 16 December 17, 2014 WETLAND PERMITS: TRUSTEE SANDERS: Under Wetland Permits, number two, En -Consultants on behalf of ERTAN YENICAY requests a Wetland Permit to construct a 4'x±91' elevated timber bluff stairway with railings consisting of 4'x4' entry steps to a 5.5'x12' entry platform with bench at top of bluff; 4'x±17' steps; 4'x5.5' landing with bench; 4'x±16' steps; 4'x4' landing' 4'x2.5' steps; 4'x5.5' landing with bench; 4'x±17' steps; two (2) staggered 4'x6.5' landings over existing rock revetment; 5'x6' platform; and 3'x±8' steps to beach at base of bluff; establish and maintain a 4' wide path to stairway at top of bluff; and restore/re-vegetate areas disturbed during construction with native vegetation. Located: 8869 Oregon Road, Cutchogue. According to the LWRP, they find this consistent. And the CAC also supports this. And on December 10th, the following Trustees were at the site: Mike Domino, Trustee King. I was absent; Dave Bergen; and John Bredemeyer were absent. TRUSTEE BERGEN: I was present. TRUSTEE SANDERS: I'm sorry. The only people who were not there was myself and John Bredemeyer. Is there anybody here to speak on behalf of this application? MR. HERRMANN: Yes. Rob Herrmann of En -Consultants, again for the applicant Ertan Yenicay. Again, this is a plan designed by Butler Engineering. Again, Jeff Butler is here if the Board has any questions. This is a very straightforward application. It is a proposed bluff stairway that would provide access from the developed lot above the top of the bluff and down to the toe of the bluff, with the bottom of the stairway being designed to manage its way over the existing rock revetment which had been approved by the Board for a prior owner a number of years ago. If the Board has any questions, we are here to answer them. Generally, the application is consistent with other bluff stairways that we have designed and put through the Wetland Permit application process. TRUSTEE SANDERS: According to the Trustee field inspection on December 10th, there were no modifications. Does anybody from the Board want to speak on this? TRUSTEE DOMINO: Our inspections showed it was pretty straightforward. TRUSTEE BERGEN: Rob, I noticed down -- regarding the existing rip rap, the stairs are going to go over it or is the rip rap going to be moved first and the stairs incorporated into the rip rap? MR. BUTLER: We have a couple of supports down the bottom which kind of have to work their way around some of that -- around and through, with the least amount of displacement as possible. TRUSTEE BERGEN: But it looks like it's designed so this will go over the top of the rip rap with the access stairs just on the other side of the rip rap. MR. BUTLER: That's correct. Board of Trustees 17 December 17, 2014 TRUSTEE BERGEN: Okay. TRUSTEE SANDERS: Any other thoughts from the Board? (No response). That being said, I'll make a motion to close the 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). TRUSTEE BREDEMEYER: Item number one under Wetland Permits, En -Consultants on behalf of DAVID & ELIZABETH ROSS request a Wetland Permit to reconfigure the westerly portion of stone armor by removing from right-of-way approximately 53 linear feet of stone armor and +/-15 cubic yards of sand backfill and placing approximately 48 linear feet of relocated 1-2 ton stone armor (over +/-1001b. core stone and filter cloth), and reused sand backfill outside boundaries of right-of-way; and to restore/re-vegetate relocated sand and disturbed portions of vegetated berm landward of stone with Cape American beach grass (12"o.c.). Located: 170 Park Avenue Ext., Mattituck. This application is curative of a defect in a right-of-way which is requiring a slight alteration to an existing approved wetland permit. The Board of Trustees reviewed this during the course of our monthly inspections and we deemed that this is really not appropriate for a public hearing because the applicant who has secured all necessary permits and had made construction but unfortunately found that they had to honor a right-of-way. And the neighbor whose rights to the right-of-way were abridged has submitted a letter supporting this application. Accordingly, after a discussion with this, with the Board, this item, I would like to move this item as an administrative amendment to cover the construction and not subject to further hearing. Do I hear a second of that motion? TRUSTEE DOMINO: Second. TRUSTEE BERGEN: Discussion. TRUSTEE BREDEMEYER: Discussion. Yes. TRUSTEE BERGEN: Since it has been posted as a Wetland Permit, I would just like to see if there was anybody here who wanted to speak for or against this application first. TRUSTEE BREDEMEYER: I guess we could open it up on reconsideration. Do any Board members have an objection? TRUSTEE SANDERS: I think just open it up. TRUSTEE BREDEMEYER: All right, let's open it up. Is there anyone here who wishes to speak on behalf of this application, or against it? MR. HERRMANN: Rob Herrmann of En -Consultants. I'm here but I Board of Trustees 18 December 17, 2014 don't have any objection to the motion you had made. So I don't have anything else to add. TRUSTEE KING: I shouldn't think you would. MR. HERRMANN: Well, in summation, it's as Jay described it. TRUSTEE BREDEMEYER: Accordingly, it will not be processed administratively because we have opened the public hearing. Is there a motion to close the public hearing? TRUSTEE KING: I'll make a motion to close the hearing. TRUSTEE BREDEMEYER: Second. All in favor? (ALL AYES). Motion to approve this application as submitted. Is there a second? TRUSTEE DOMINO: I'll second that. TRUSTEE BREDEMEYER: All in favor? (ALL AYES). TRUSTEE BREDEMEYER: THE next application, number three, 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. Is there anyone here who wishes to speak to this application? MR. HERRMANN: Yes, Rob Herrmann of En -Consultants on behalf of the applicant Sean Fahey. This is actually a continuation of a hearing that had been previously opened. It concerns the issue of a seasonal dock that had been placed back into the water and had been observed by someone, I'm not sure, but we were requested to submit an application to obtain a Wetlands Permit for the dock. It was presented on a survey that had been last dated at the time of application May 21st, 2014, and included a 77' long timber seasonal wood dock. I believe the hearing had been adjourned at one point, there was some issues, I think the Chairman had discussed the Board had wanted to review. We had gotten an LWRP report, and then subsequent to that time there had been a notice of violation or summons that was issued by the bay constable to Sean Fahey, at which time he retained counsel in the form of Esseks, Hefter & Angel. Anthony Pasca from that firm is here tonight. One issue that came to light was that when an application had been filed a number of years ago with the Board of Trustees to add a ramp and floating dock, that the existing dock at that time had been represented on the plans as being 70 feet long. Minutes from that meeting reflect the fact that the Trustees at that time, including Trustee King, had recognized, acknowledged the fact there was a seasonal wood dock in place, but it was determined after a fairly brief discussion by the Board members Board of Trustees 19 December 17, 2014 that it would not be in an appropriate location to extend or expand the dock using a ramp and float, and so that petition was denied. There was no other action taken by the Board at that time with respect to the seasonal dock, and as we discussed previously, historical documents show the dock being installed for at least the past 30 years, and has continued to be installed since the time the current owner Sean Fahey purchased the property, and since the time that the application for a ramp and float was denied by this Board. And so that ramp and float was never installed. The only thing that has changed about our application since the original filing is that to be consistent with the previous representation of the dock on the prior application for the ramp and float, we had the survey modified by Nathan Corwin, which is now last dated December 2nd, 2014, and reflects the proposed removal of the 47 section of seasonal dock, so that if this were to be reinstalled next year, it would only be 70 feet long and consistent with the condition of the prior history of the dock and as it was represented on that prior application. It should be noted that the dock has been taken out now for the season, so it's not physically in the water. So at this point really, just as a matter of clarifying grammar, we would not be physically removing that seven -foot section, we would just not be re -installing. So the proposal would be for the 70' dock. Mr. Pasca I know, also prepared and hand -delivered to the Trustees' office a cover letter dated December 8th, 2014, which detailed the history of the dock and the prior permitting and included various attachments including a certificate of occupancy, prior surveys, et cetera. Whichever the Board prefers, I don't know if the Board has any questions or any comments or if Tony, if you want to summarize that, but I assume you have this for the record, and anything the Board would like to discuss we would certainly be responsive to. It's probably not necessary to go over this entire document, I assume the Board has received it, and has had a chance to look at it. TRUSTEE SANDERS: You answered one of my questions with regard to whether or not it has been removed. MR. HERRMANN: It has been. At least I'm told that it has been. TRUSTEE BREDEMEYER: The dock, the question is it had a history of in and out of the water seasonally for a number of years, 30 years, or extensive period of time. Have the owners ever contemplated trying to put a fixed dock or is that prohibited through a prior application, or is it just a history of putting seasonal docks? I grew up summers in Goose Bay and I recall seasonal docks were the norm, where they were simply put in with locust post and 44's; and I'm just wondering about the history of this dock. MR. HERRMANN: I think it's the latter, Jay. When Mr. Fahey bought the property he had been told by the owner that this was the practice. It's a similar practice for the two immediately Board of Trustees 20 December 17, 2014 adjoining properties. And in fact on that photo, I think it's the neighbor to the right, had originally in the 80s had a permit for a permanent dock and then just last year came before the Board, after I guess that, I don't know if that dock was also damaged by Sandy, but I think the Board also amended the permit for the neighbor to change it from a permitted dock to a seasonal dock. And I don't have any idea whether that was based solely on his request or the Boards request or it was just to bring the permit into consistency with the practice. I don't know that it is -- I don't know that it would be preferable to have a permanent dock there. I do know, I think if you had a permanent dock, you would have to build a much more substantial structure and you would still be basically subject to the forces on that bay over the winter. The way the dock is installed now is with sections and 4x4 posts. It's a sandy bottom. There is not any SAV there. There is no tidal wetland vegetation there. So unless the Board would really have some active desire to change that design, I think the owner is happy to continue the practice of just having the dock installed for the few months of the year that it's there and then taken out and there is no structure there on the bay for the rest of the year. TRUSTEE BREDEMEYER: The violation in this matter -- MS. HULSE: He pled guilty and paid the fine. TRUSTEE BREDEMEYER: Okay. It's possible that the activities surrounding putting a dock in and out every year could create a certain degree of intermittency that would be difficult to monitor because conditions being what they are, docks don't go in, you have heavy ice, acute weather conditions, they don't go in until later in the season. So this has been coming up for discussion before but this is an unusual situation because it's on reliance of an owner himself or contractor putting it in every year. So that, I think, it seems the circumstance may be unusual. But to review the record, I would just like to review the fact that the Town's LWRP coordinator did determine this was inconsistent, because it had been constructed without a permit. That issue having been detailed through the courts. And it did indicate it would not lie on public bottom and cause damage to the environment. That is the basis for -- and of course repetitive damage from storm events seems to go to the issue of why it's a seasonal dock, because winter storms where ice would be heaving along the bay means it would, typically, unless you put a much more substantial dock in, so I guess this raises the question of which is better for siting on the bays, whether there is a limited seasonal dock, whether it's preferential to putting a more substantial dock in, to require ice eaters, additional rafters or combinations to protect and preserve a larger dock. So the inconsistency for a structure over a public bottom is noted. But all docks do that. But they also provide for access, for residents of the town, and of course their friends and neighbors at times, so that there is the issue of Board of Trustees 21 December 17, 2014 access to the waterfront, because we have limited marina and other facilities in the town. And so I don't know, that's a point, I know different members of the Board have different thoughts on that. MR. HERRMANN: Jay, I think it's also worth noting in addition to that, that since the Board has to look at each one of these sites on a case-by-case basis, never minding the history of the dock, this is a dock that is located between two already -permitted seasonal docks. So in terms of taking up the bottom, this is not introducing a new dock and a new stretch of bay shoreline where there are not other docks. It's actually located between two other docks of similar size and configuration, which I think is relevant. TRUSTEE BREDEMEYER: And for the purposes of the Minutes, I know you recited an acronym, SAV. I'm not sure the Minutes would reflect what that actually means. MR. HERRMANN: Submerged Aquatic Vegetation. This is not a site where there is eelgrass or something that is underneath where this dock is. TRUSTEE BREDEMEYER: So we basically have a bottom here which is subject to fairly high wave energy during many times of the year, so it has not had opportunity to establish beneficial aquatic vegetation. The CAC did vote to approve this application, but they wished an existing sand buffer be designated as a ten -foot buffer. This would be behind the bulkhead where it's native sand. Do you think that's in the realm of possibilities? know the Board typically doesn't add buffering. MR. HERRMANN: No, but I think there may already be one that was associated with prior to Hurricane Sandy -- TRUSTEE BREDEMEYER: Prior emergency permit? MR. HERRMANN: No, I think we went through the full permit process. Just bear with me for one second. (Perusing). Yes, in fact on the stamped approved plans that were prepared by En -Consultants March 18, 2013, 1 believe this was probably discussed at the hearing at the time. If you recall, and you can see a little bit in the photo, behind the primary bulkhead is very flat, sandy, beachy area that runs back before a series of retaining walls steps up to the developed and lawn part of the property, and that was already shown on that prior plan as a storm eroded area to be re -nourished and maintained as a plus or mines 25 -foot wide non -turf buffer. And it's basically like, for all intent and purposes, a continuation of the beach behind the bulkhead. So I think that ground has been covered. TRUSTEE KING: Rob, can you clarify the soundings for me? They have me totally confused. We have minus 2.9, and underneath that is minus 15 inches. MR. HERRMANN: I'm going to guess the one thing you are looking at is an elevation of the bottom and datum and the other is actual water depth. (Perusing). Yes. Jim, if you look to the right of the dock, there is notes that say elevation high water Board of Trustees 22 December 17, 2014 mark, 5/21/2014 equals 1.8; elevation lower low water mark, and again this is the lower low tide that the DEC now tends to require us reference soundings to, equals minus 1.7. Water depth shown in inches are reference to lower low water being at 0.0. So basically what you are looking at when it says minus 3.2 and then beneath that it in parenthesis it says minus 18 inches. Minus 3.2 is the bottom elevation. It's just an elevation shot of the grade underwater. But because lower low water is minus 1.7, you are basically taking the difference between minus 1.7 and minus 3.2, which is one -and -a -half or 18 inches. So if you went out with your stick at lower low tide -- TRUSTEE KING: That's the way I would prefer to do things. MR. HERRMANN: Yes. It would be 18 inches deep, which means it would be probably about 24, 26 inches deep at a typical low tide. Again, this manner of doing soundings, I don't know if all the agents and consultants are doing it or know to do it, but we've had pretty extensive conversations with DEC, as you know, over the years with docks and there were too many people using too many methods and too many references to come up with soundings. So they started requiring that soundings be recorded and shown in datum, or at least converted from datum by a surveyor. What Nathan Corwin tends to do, which I like, is he shows the elevation shot and then also the depth in inches. So you are looking at those two pieces of datum. You should ignore the datum elevation because, for your practical purposes, it's meaningless. TRUSTEE KING: So we are looking at roughly 18 inches on extremely low tide, instead of taking an average tide. MR. HERRMANN: That's correct. I mean, well, the method to that madness is the DEC is just trying to determine in these kind of cases, what is your twice -a -month worse -case scenario. TRUSTEE DOMINO: Rob, I would like to pose a question to you. On this hand -delivered document received December 9th from Esseks, Hefter & Angel, it references it's a seasonal dock. On the second page it references some Trustee Minutes from 2002, and there is a question posed. The applicant already has the dock right? This is a seasonal dock that is removed every year, right? There is no answer to that, posed in that. Exhibit C doesn't answer it either. So I guess what I'm getting at, number one, are we agreeing this was a seasonal dock going back the full 30 years? MR. HERRMANN: Yes. TRUSTEE DOMINO: And number two, has there ever been any limits placed for the definition of the term seasonal? In other words it will be out by December -- MR. HERRMANN: The Board has had a practice, Jim might know this off the top of his head better than I do. TRUSTEE KING: November 1st and April 1st. MR. HERRMANN: Right. And I believe the DEC goes by those as well, the same standards as well. Board of Trustees 23 December 17, 2014 TRUSTEE KING: Yes. TRUSTEE BERGEN: Correct. Yes. TRUSTEE KING: If I remember right. TRUSTEE BREDEMEYER: Any other questions or concerns? (No response). If not, I would just like to add the comment that I have experience on a piece of open water fetch in Orient Harbor where I don't believe seasonal docks or permanent docks are necessarily appropriate because I watched neighbors' permanent docks and floats torn to pieces by ice, by hard southwesterly winds in the summertime, but I have to acknowledge that a 30 -year history of putting a dock in and out is apparently working and meeting the needs, in the most minimal way, for the applicant here, and it also, it's my understanding that the applicant is really only responding to the request that came via our Trustee office to apply for a permit. So as far as I'm concerned, I think the circumstances are unusual. There is a history here. Trustee Domino has indicated with his question and the information provided by Jim King, that there is a limit and there is a defined period for seasonal docks. Because I don't recall ever getting involved with seasonal approvals back ten years ago. So I think when you weigh all these situations, that this dock will be coming out at the end of the season, it's functioning and works for the individuals, I guess I don't have a problem with this, having over 40 years' experience on Orient Harbor in a high wave energy area, I have personal experience in a similar situation, I seen they've met the environmental determinants and they are not putting a dock over submerged aquatic vegetation, it's all in a sandy area, and it's going in and out on an annual basis. I don't see an issue. And I would think that would meet the inconsistency because it's not on the public bottom seasonally, which means it can also be out for the scalloping season for those years when Southold Bay has an abundance of scallops. So I think it needs resource protection, it needs and effectively allows for public use of bottom, and there is a history associated with it, a property right, if you will. MR. HERRMANN: What you are saying is, and it's not to our surprise, consistent with our position. And in turn we don't have a problem, if the Board was inclined hopefully to approve this, of actually formally stipulating that April 1 st and November 1 st dates that Jim and Mike were talking about. Because that is the practice, so it would formalize the practice. I don't know if you did that for the dock next door, but that would be neither here nor there to Mr. Fahey. TRUSTEE KING: Rob, I take it he keeps a boat there? I see a tie -off pile. MR. HERRMANN: He does, yes. The tie -off pile is on the survey TRUSTEE KING: I see. It will be moved landward? MR. HERRMANN: Yes. On the updated survey we show the six-inch pole tie -off pile also being relocated approximately seven feet Board of Trustees 24 December 17, 2014 -- with the seven -foot shortening of the dock. I mean if the Board saw fit to leave the 77 feet, he would take that, too. I mean at this point he's looking -- whichever is the Board's pleasure. TRUSTEE KING: My personal feeling is these are places we should have moorings and not docks. But I don't recall really any exact meeting. I know we went out there and looked at it on a previous Board and we denied the ramp and the float. Back then, I guess, we never addressed whether the dock had a permit or not. Shame on me. MR. HERRMANN: It seems that's correct. TRUSTEE BREDEMEYER: I would mention, too, that was the practice for the Board for many years, we were just looking at new construction as an add-on and if it met, you know, that is considering what you are in for now and is what you are seeking permits for. MR. HERRMANN: Right. TRUSTEE BREDEMEYER: Any additional comments or questions? (No response). Hearing none, I'll make a motion to close the hearing in this matter. TRUSTEE SANDERS: Second. TRUSTEE BREDEMEYER: All in favor? (ALL AYES). I would make a motion to approve this application with the submitted revision to remove the additional seven -foot section on the seaward end on plans received in the Trustee office December 9th, 2014, and that the permit for this dock be considered seasonal to run for April 1 st until November 1 st, every year. Do I have a second? TRUSTEE DOMINO: Second. TRUSTEE BREDEMEYER: Accordingly, by this dock being permitted seasonally and noting that it does not cover any submerged aquatic vegetation, which is beneficial marine vegetation which supports additional marine life, that the area is a high-energy wave area, and that the seasonal aspect of it takes the dock out of harm's way from ice and wind over times of the year that predominates, and that also the removal by November 1 st affords shellfishers, particularly scallop harvesters, particularly with resurgence of scallops in the bay, that this project be deemed consistent under the LWRP having addressed those issues. That's my motion. TRUSTEE SANDERS: Second. TRUSTEE BREDEMEYER: All in favor? (ALL AYES). TRUSTEE KING: Reluctantly, aye. MR. HERRMANN: Better than a no. Thank you. TRUSTEE DOMINO: Under Wetland Permits, number four, Samuel W. Fitzgerald on behalf of W. RICHARD & WENDY BINGHAM requests a Wetland Permit to construct a one-story +/-23'x20' addition which includes a 118sq.ft. open porch onto an existing two-story Board of Trustees 25 December 17, 2014 single family dwelling; and to remove an existing shed. Located: 3973 Central Avenue, Fishers Island. The LWRP coordinator found this to be inconsistent. The inconsistency arises from the fact that there is a drywell shown on the plans but there is no soil test to indicate whether or not this drywell will be sufficient to handle the volume of water, nor does it show depth to groundwater. So questioning the impact on groundwater. In addition, the septic area shown does not show sufficient setback from Fishers Island Sound. The CAC did not make inspection and therefore did not make a determination. Is there anyone here to speak to this application? MR. FITZGERALD: Sam Fitzgerald, appearing on behalf of the owners Mr. and Mrs. Bingham. This project required a zoning variance, which we received last month. As part of that variance, or as part of the approval, we had initially proposed a one -foot setback from the road, and we agreed to a two -foot setback. That revised site plan was submitted with a date of November 13th, which the Board has. Obviously, our inspections with the addition, in replacing the addition, it's a difficult site; our intentions were to keep the addition as far away from the bank of the coastline as possible. And this, the location that we've chosen, I think is the location that achieves that best. With regard to the drywell and the septic, our engineer CME Engineering, had a look at that, and our comments are that typically, that the septic and for the drywells, will be taken care of as part of a building permit application submission with the Storm Water Management Plan, that is typically where that review happens. But we would be happy to address any other questions that you have for us. TRUSTEE DOMINO: Could you speak to the type of soil that is in that? MR. FITZGERALD: Yes, actually, if you'll allow, I have a, this is from Richard Strauss, he's the engineer on the project, and he says that, I'm quoting: I would expect soils in this area to be course -grained soils, poorly graded sands with little or no fines, that's SP type, or sands with fines, SM. Either of these soil types would be acceptable. I would expect groundwater would be at a depth of approximately 15 feet. The design of the storm water system could easily be modified if soil conditions prove to be different. TRUSTEE DOMINO: One further question. It's noted that this addition will include a bath, and is it your engineer's position that the existing septic system is capable of handling any additional volume that might generate? Or is there additional volume? MR. FITZGERALD: Right, we are adding a bedroom so, I think -- and actually the house was built in 1903. So with old houses, we typically, the Building Department makes us upgrade the septic system. So I think that would most likely will be in our future. Board of Trustees 26 December 17, 2014 TRUSTEE DOMINO: I would mention to the Board there is ZBA approval on this also. TRUSTEE KING: Doesn't the Building Department review the drainage issues? TRUSTEE BREDEMEYER: It's now handed over to the Engineering Department. Is has separate engineering review. TRUSTEE DOMINO: It says it's noted by the LWRP coordinator (inaudible). So any other questions or comments from the Board? TRUSTEE BREDEMEYER: The project itself is relatively minor and had a description of the soil types. I don't know what the Board objective -- it would seem that this could be approved subject to the approved plans of the Engineering Department for the drainage; because the soil types are suitable, it means there should be the ability to engineer sufficient volume for containment. I don't know how the members feel, particularly given the difficulty of getting to Fishers Island and the great detail submitted in these plans that is one of those unusual cases where they met Zoning Board, and the attributes are necessary for the soil types, I think we should probably -- TRUSTEE DOMINO: (Inaudible). TRUSTEE BERGEN: Hang on, just a second, Mike. Wayne didn't pick that up. TRUSTEE BREDEMEYER: What Trustee Domino is saying is that any discussion of approval should be potentially conditioned on the need to have the approved drainage plan of the Building and Engineering Department. Makes sense. TRUSTEE DOMINO: Okay, any other questions or comments? MR. FITZGERALD: Sorry, so with that, if that is a stipulation of the approval, then how would that sort of work on a practical matter? We would have the engineer -- TRUSTEE BREDEMEYER: Submit for the town drainage review, upon approval of the Board of Trustees clerk would then issue the permit, what we considered, when the Board votes, we would consider conditioning the vote on that approved drainage approval. So it would just be a matter of it being shipped over from the Engineering Department to the Trustees. And we would then issue the permit. MR. FITZGERALD: Got it. Thank you. TRUSTEE DOMINO: Hearing no other comments or questions, I'll make a motion to close this hearing. TRUSTEE SANDERS: Second. TRUSTEE BREDEMEYER: All in favor? (ALL AYES). TRUSTEE DOMINO: I make a motion to approve this application with the condition that the permit is conditioned on the submission of an engineer's report to satisfy the inconsistencies brought up by the LWRP coordinator concerning the drainage and septic system capacity. TRUSTEE SANDERS: You should also say and if approved by the engineers, then subsequently we'll approve the application. Board of Trustees 27 December 17, 2014 TRUSTEE DOMINO: That's what I said. It's conditioned. TRUSTEE BREDEMEYER: It's conditioned. He said it was conditional. Motion has been made. Is there a second? TRUSTEE SANDERS: Second. TRUSTEE BREDEMEYER: All in favor? (ALL AYES). TRUSTEE KING: Number five Samuel W. Fitzgerald on behalf of FBO ASSOCIATES LLC, c/o ARNOLD FISHER requests a Wetland Permit to construct a 19'x19' one-story addition with an entry hallway onto the existing two-story dwelling. Located: 3300 Clay Point Road, Fishers Island. This was found consistent with the LWRP. The CAC did not make an inspection, therefore no recommendation was made. Is there anyone here to speak on behalf of or against this application? MR. FITZGERALD: Yes. Sam Fitzgerald, on behalf of the owner Arnold Fisher. I'll be happy to answer your questions. TRUSTEE KING: We have some pretty detailed aerials, which I'm glad we have, because we didn't get the opportunity physically go out and look at this because of the bad weather. I felt it was a very minor, minor addition that I have no problems at all with. TRUSTEE BREDEMEYER: Do you have any issues? TRUSTEE BERGEN: I saw it. No problems. TRUSTEE KING: It's an easy one. If there are no other comments from anybody else, I'll make a motion to close the hearing. TRUSTEE BREDEMEYER: Second. All in favor? (ALL AYES). TRUSTEE KING: I'll make a motion to approve the application as submitted. TRUSTEE SANDERS: Second. TRUSTEE BREDEMEYER: Motion made and second. All in favor? (ALL AYES). TRUSTEE BERGEN: Number six, Jeffrey Patanjo on behalf of ALAN SCHLESINGER requests a Wetland Permit to reface the front and rear of existing 91 linear foot long timber bulkhead with plastic sheeting; replacement of existing 12.5'x5' wide timber platform and stairs utilizing existing piles and Trex decking; construction of a 10'x14' deck at grade on top of existing bulkhead with Trex decking; installation of 8'x12' temporary storage shed at front of property; and the installation of a 10' wide non -turf buffer landward of the bulkhead. Located: 125 Mesrobian Drive, Laurel. The Board did go out and looked at this. This was found consistent under the LWRP, with the recommendation of a non -turf buffer behind the bulkhead. And it was reviewed -- and the CAC resolved to support the application. As I stated, the Board did go out and looked at this. There has been one letter received dated December 10th, 2014, from a Mary Lou Palmer. I'll Board of Trustees 28 December 17, 2014 stipulate this letter in its entirety will be read into the record. I'll just highlight, present the highlighted points of this. I, Mary Lou Palmer, am the adjacent property owner. I oppose the installation of the 8x12 temporary shed. The shed will be eyesore if approved. There is room on the south side of this property. The bulkhead work has already been started without a permit. I believe this is a town and DEC violation. Previously, he wanted to install six-foot stockade fence along the property line. The town permit was denied and in lieu of this he's planted high growing shrubs, which have blocked my view. The installation of the 8'x12' shed continues to block my view. Thank you, in advance, Mary Lou Palmer, 85 Mesrobian Drive, Laurel. As I stated, the Trustees did go out and looked at this. Is there anybody here to speak on behalf of this application? MR. PATANJO: Jeff Patanjo, on behalf of the applicant. I don't think there was any problem that the adjacent neighbor had with the bulkhead re -facing or the installation of the deck at the grade. With regard to the temporary storage shed, that whole area is, there is really no view being blocked. You are blocking the view of the telephone pole and the road. And I believe there is a boat stored on the south side of her property as well, between my client's house and her house. MS. HULSE: Blocking the view is not a standard the Trustees can consider anyway. MR. PATANJO: Okay, then I have no further comments. TRUSTEE BERGEN: In looking at the plans, it appears the location of the temporary shed is well over 100 foot away from the edge of the tidal zone, so it would be non jurisdictional for us. I have a question regarding the re -facing. It looked, when we were out in the field, it appeared as though much of this re -facing has already been started, both in front and in back. MR. PATANJO: Correct. The homeowner was doing the work and was advised he needed a permit. That's why he stopped the work and that's why I'm here applying for a permit, so he can make everything legal. TRUSTEE BERGEN: So this is to continue, the purpose of this permit is to finish up the project; part of the purpose of this permit is to finish up that project, so you are continuing to use this plastic sheathing all along the front and back? MR. PATANJO: Correct. TRUSTEE BERGEN: We noticed material has disappeared, probably went into the waterway. MR. PATANJO: What material? TRUSTEE BERGEN: Behind the bulkhead. MR. PATANJO: Oh, the fill material. Yes that was during the storm. And that's the reason for this. Financially he was not able to repair it until now, and this is, although it is a temporary repair, it will stop any future materials from washing out. I have done this same method to extend the life of a bulkhead, many, many times throughout a lot of different towns, Board of Trustees 29 December 17, 2014 a lot of bulkheads, of people who are financially not able to get a new bulkhead in. TRUSTEE BERGEN: The reason I bring this up, I don't see in the description any request to bring in any material to backfill behind that bulkhead. Unless I'm missing it. MR. PATANJO: I have it on the proposed plans. It's on the typical section to replenish with 22 cubic yards of sand. TRUSTEE BERGEN: I see. You have it in the cross-section. I see it on the cross-section plan. Okay. I just want to make sure that's included in the description. MS. HULSE: Do you consent to that being included in the application? MR. PATANJO: Yes, it will be 20 cubic yards. TRUSTEE BERGEN: I guess the only question I have, I did take a look at this and it looked like -- I'm not an engineer, but, he just nailed on some plastic sheathing in the front and the back, and I think this is a short-term fix -- MR. PATANJO: Correct, it's a short-term fix. TRUSTEE BERGEN: And I would recommend that you suggest to your client that it probably will be a short-term fix, and do the appropriate repairs or replacement prior to a disaster occurring there where the whole thing caves in and there goes the lawn. MR. PATANJO: Absolutely. I have done this many, many times. I don't want to say normal, but it's been done many times with the quarter -inch plastic in the front then you reface it in the rear. It holds up five, eight years. And if you -- I don't know if you want me to amend the project description and send it in or if you'll just do that on the dais. MS. HULSE: They can do that on the dais. TRUSTEE BERGEN: For the 20 cubic yards of fill, yes, I'll be doing it on the dais. Is there anybody else in the audience who would like to comment on this application? (No response). Any other comments from the Board? (No response). If not, I'll make a motion to close this hearing. TRUSTEE BREDEMEYER: Second. All in favor? (ALL AYES). TRUSTEE BERGEN: I'll make a motion to approve the application of Jeff Patanjo on behalf of Alan Schlesinger with the addition of, the stipulation that we were adding 20 cubic yards of sand to fill behind, the backfill behind the bulkhead. Clean sand. To backfill behind the bulkhead in the description of the permit. MS. HULSE: Into the description of the application. TRUSTEE BERGEN: The description of the application. And I'm sorry, we did note there is included a ten -foot non -turf buffer on the plans also. MR. PATANJO: Yes. TRUSTEE BERGEN: That's my motion. TRUSTEE BREDEMEYER: Motion made. Is there a second? TRUSTEE KING: Second. Board of Trustees 30 December 17, 2014 TRUSTEE BREDEMEYER: All in favor? (ALL AYES). TRUSTEE SANDERS: Number seven, PAUL PAWLOWSKI requests a Wetland Permit for the installation of a 10'x20' inground pool with a depth of 4'; proposed 450sq.ft. patio surrounding pool to be bluestone; proposed 8'x12' shade trellis; install a 6'x7' in -ground hot tub with a 185sq.ft. patio; and install 4' high pool fencing. Located: 950 Luptons Point Road, Mattituck. The LWRP has found this consistent. They make the note of, the Board requires a non -disturbance buffer 25 feet in width preserving the existing vegetation landward from the apparent high water mark. The apparent high water mark is actually determined on the survey dated December 12th, 2014. And the CAC moves to support this. And the Trustees visited this site on the 10th of December. I was not there. And under the notes, there are questions, but I need you to determine them for me, because you wrote it. What is this, 86' from the proposed garage? TRUSTEE BERGEN: My chicken scratch, I apologize. What we had been asked to do is to look at the garage and see if it's jurisdictional or non -jurisdictional, and we measured it off and saw it was 86 feet to what is on the plan as a proposed garage. TRUSTEE SANDERS: So it's in our jurisdiction. TRUSTEE BERGEN: Correct. TRUSTEE SANDERS: Do we need to amend or modify in any way the application? TRUSTEE BERGEN: That will have to be decided tonight. TRUSTEE SANDERS: Okay. Do you guys want a set of plans? TRUSTEE KING: We're good. TRUSTEE SANDERS: Anybody here to speak on behalf of this application? MR. PAWLOWSKI: Good evening, I'm Paul Pawlowski, 950 Luptons Point Road, Mattituck, I'm here to answer any questions. In reference to the garage, I resubmitted a new survey taking the proposed garage. I never had that as part of the application. And I apologize. I didn't even realize it was on the new survey that I submitted. So that has been removed. You have on file two new stamped surveys showing there is no new proposed changes to the current garage. And so the application submitted mirrors what was sent out to neighboring properties. TRUSTEE SANDERS: Are you talking about December 12th, that's your most updated one? MR. PAWLOWSKI: What's today's date. Hopefully you have the correct one. TRUSTEE BERGEN: Today is the 17th. TRUSTEE SANDERS: So that's the 12th. MR. PAWLOWSKI: There should not be any proposed garage on that survey submitted. TRUSTEE SANDERS: The survey doesn't have it. The plans do have it. TRUSTEE BERGEN: When was this garage constructed, do you know? MR. PAWLOWSKI: The house was built -- Board of Trustees 31 December 17, 2014 TRUSTEE BERGEN: Approximately. MR. PAWLOWSKI: The house was built in 1976. It was refaced with a building permit, I don't know, two years ago. But the new survey doesn't reflect the proposed garage, as of December 12th. TRUSTEE BERGEN: For the record, a certificate of occupancy was issued for the structure on 1/28/2014, and the Building Department has stated that they approved a garage addition on there without requiring a Trustee review of that. Liz, can we keep this for the file? MS. CANTRELL: Yes. TRUSTEE BERGEN: The challenge that we have with regard to the pool, is the code says 50 feet from the top of bank is the setback required for a pool, and you are suggesting a pool, you are applying for a pool that is approximately three feet from the top of the bank. That is quite a bit different from what the code states. MR. PAWLOWSKI: I thought the concern was high water mark, high tide, along with the natural buffer. TRUSTEE BERGEN: No, it's top of bank, also. It's top of bank for this. MR. PAWLOWSKI: I was not aware of that, so I apologize for not knowing that rule. As far as the pool itself, I'm proposing only a four -foot deep pool. There won't be any sort of erosion problems, settling problems. It's going on grade on a current flat surface. I think you saw it during your field visit. TRUSTEE BERGEN: But the challenge that the Trustees have, from an engineering perspective, when you take a 10x20 foot pool and four -foot depth of water plus the construction materials required for the pool, that's a tremendous load to place into the ground. And what you are asking to do is put that load three feet from the top of the bank, and our code says 50 foot from the top of the bank. So I'm just speaking for myself right now, I'm not inclined to favor this pool. It's just, when our code says 50 foot from the top of the bank and you are asking for something that is three foot, that's too much for me. But I'm just one Trustee. The only other question I had, I'm trying to determine where the pool fence is here. MR. PAWLOWSKI: There is currently a fence which was approved, I believe about a year ago, by the Trustees, by the Board. It would go in the same position as the current fence, it would just be code compliant for a pool. TRUSTEE BERGEN: You mean the pitched stockade fence? MR. PAWLOWSKI: The stockade fence is my neighbor to the west. And there is currently, call it a chicken wire fence that runs along parallel with the stone work, and the hedges that are there, just to the south of the pool, I would replace that with a four -foot code -compliant fence. Currently it's three foot. That was approved when I got the permit for the stonework and the plants and that fence. TRUSTEE BERGEN: I just didn't see that four foot fence in the plans here. Board of Trustees 32 December 17, 2014 MR. PAWLOWSKI: It's on the survey. TRUSTEE SANDERS: Right here (indicating). TRUSTEE BERGEN: Okay. MR. PAWLOWSKI: As far as mitigating the load, you know, I would put the pool right next to the house and then put the patio further to the south. There is a house there that is only 25 feet away from the top of bank, which is probably similar engineering weight distribution. TRUSTEE SANDERS: When I look at the survey, you are proposing the pool obviously to the left of the masonry patio that you have. But you kind of have an "L" shaped house. If you have a pool to the right, that will pull the pool a considerable distance away from the bluff. Do you want me to show you what I mean? MR. PAWLOWSKI: I understand what you are saying. I have a limited amount of space in the rear part of the property, as you saw, as the pictures show. So I'm not opposed to, again, putting that anywhere into the rear yard with the least impact on the top of bank. So if it has to be switched to the right side ten feet from the easterly neighbor, I'm fine with that. TRUSTEE SANDERS: How do we address something that there are no new plans dictating that? We can't. TRUSTEE BERGEN: What I'm looking at here, looks like the total distance from top of bank, tell me if I'm wrong here, to the dwelling, is 22 feet? MR. PAWLOWSKI: That sounds accurate, yes. TRUSTEE KING: A little more, 23, 24 feet. TRUSTEE SANDERS: He could put the pool here, so he would be basically pretty darn close. MR. PAWLOWSKI: There is no getting around within the 50, unfortunately. But I feel engineering wise, I don't foresee any problems whatsoever with a four -foot deep pool. TRUSTEE SANDERS: Our hands are tied on this one. MR. PAWLOWSKI: What sort of engineering problems do you perceive? TRUSTEE SANDERS: It's not engineering problem as much as it is -- well, it is. But it's a code issue. Unfortunately your house is so close to the bluff. MR. PAWLOWSKI: Yes, there is nothing I could do. Then I would have a code issue if I went in the front of the house and I would never use it if we were in the front of the house. TRUSTEE KING: I don't think we have a problem with the hot tub. TRUSTEE BERGEN: No. What Trustee King was just saying, we didn't have any problem with the proposed patio with hot tub on it. Or the proposed deck, just so you know. MR. PAWLOWSKI: So it's a code issue or engineering issue? I'm just trying -- TRUSTEE BERGEN: The code states 50 feet from the top of bluff. The reason for that code, the rationale behind that code, where part of it was the engineering perspective, the load, based on the load that this, any structure would place on the bluff, and the possible failure that would occur. Board of Trustees 33 December 17, 2014 TRUSTEE BREDEMEYER: But there is no engineering that could trump the code. TRUSTEE BERGEN: No. TRUSTEE SANDERS: So let me make a suggestion, because I just don't know how this would work. MR. PAWLOWSKI: How do you fix that? TRUSTEE SANDERS: You don't. It is what it is. It's just something you can't get around unless you move the house. MR. PAWLOWSKI: And I'm just talking, so there is no pools -- TRUSTEE SANDERS: According to the code, we are not allowed pools within 50 feet, and within the history of this, we have, correct me if I'm wrong, allowed pools up to 35 feet in certain circumstances. But even then you are way, you just don't have the room. You are really limited in your ability to put a pool in. MR. PAWLOWSKI: Absolutely. I'm aware of that. I just don't have anywhere else to put it. TRUSTEE SANDERS: But as they did indicate, you are good to go with regard to the hot tub. TRUSTEE BERGEN: What we could do is segment out the pool from this application here tonight to -- and I don't want to get ahead of ourselves here -- but to consider approval of the rest of the application. MR. PAWLOWSKI: I understand. So no matter what, even if I reduce the size of the width of the pool, tight to the house, it's just a code thing. MS. HULSE: The way the code reads, I'll let you know, just so it's on the record. Under 275-3, pertains to setbacks. And what it says for setbacks, in terms of pools, is that a swimming pool and related structures have to be 50 feet from the top of the bluff. And that this Board can waive or alter those setbacks only where site specific or environmental conditions justify. That's the way the code reads. MR. PAWLOWSKI: I appreciate that. TRUSTEE SANDERS: That really just dictates to us our answer. MR. PAWLOWSKI: So as far as site specific, we realize there is nowhere else in the rear regard for a pool to go, right? And if I was able to come back in with soil samples, an engineer's report, would that help the situation? With the latter part of the definition of the code, we are definitely site specific. And, then again, I'm not, you know, I do this work for a living but if I was able to put together substantial information to show this would not create an environmental issue or an erosion issue, for a potential next meeting, is that something to consider? TRUSTEE KING: I don't see how we could. I think any place there would be too much of a stretch in the code. I think the closest we've ever had was around 35 feet. That's, you know, that's three-fifths of the code. This is down to the point -- it's more than 90%. It's just too much. MR. PAWLOWSKI: That's fair game. I'm just, if there was any other pools and how they were able to make everyone happy that Board of Trustees 34 December 17, 2014 is within this criteria, but if is there not, there is not. That's fine. TRUSTEE DOMINO: I would be very reluctant to set a precedent there of this magnitude. TRUSTEE SANDERS: I have to agree. Before I close the hearing, let's talk language in terms of what to say regarding the hot tub. Any discussion on the hot tub and approving it, separating it from the current application? TRUSTEE BREDEMEYER: I don't think any of us have a problem with the application as submitted, with the exception of the inground pool. MS. HULSE: You can deny that part of the application. That's the proper way to do it. Deny the one section that you want to leave out. TRUSTEE SANDERS: I want to make sure I write this out right. Are there anymore thoughts before I close the hearing? (Negative response). TRUSTEE SANDERS: Okay, I make a motion to close this hearing. TRUSTEE DOMINO: Second. TRUSTEE BREDEMEYER: All in favor? (ALL AYES). TRUSTEE SANDERS: Okay, I make a motion to approve this application with the LWRP's recommendation of a non -disturbance buffer of 25 feet in width, preserving the existing vegetation landward from the apparent high water mark, which is indicated on the survey dated 12 December, 2014; and deny the section of the application for a 10'x20' inground pool. TRUSTEE BREDEMEYER: Motion has been made. Is there a second? TRUSTEE BREDEMEYER: I'll second the motion for purpose of discussion. Did I hear correctly, you are indicating a 25 -foot non -disturbance? TRUSTEE SANDERS: Yes. If you take a look from the LWRP, if you look at the survey where it says apparent high water mark, from that point forward. TRUSTEE KING: We have been out there before. There was a violation here a few years ago, and that area was already addressed. I believe it was replanted. I think we are going places we don't need to go. TRUSTEE SANDERS: Okay, I was just following the LWRP suggestion. TRUSTEE BREDEMEYER: Do you want to withdraw the additional condition of the 25 foot? TRUSTEE SANDERS: I withdraw that condition of the 25 foot non -disturbance buffer. That's my motion. TRUSTEE BREDEMEYER: I'll second that motion. TRUSTEE KING: Can I get corrected on what the motion is exactly. My understanding is we are voting to approve an 8x12 shed trellis, install a 6'x7' inground hot tub, with a 185 square foot patio and denying a 10'x20' pool and pool fence. TRUSTEE SANDERS: Correct. MS. HULSE: Denying or denying without prejudice? TRUSTEE KING: That would be denied. TRUSTEE BREDEMEYER: And the 450 square foot patio surround as part of the pool, as part of the pool can't be -- Board of Trustees 35 December 17, 2014 TRUSTEE SANDERS: Do I need to restate that or is that okay for him to state it and I approve it? MR. PAWLOWSKI: The patio section would be denied? TRUSTEE BREDEMEYER: The patio can't be that close to the bluff either. TRUSTEE BERGEN: I'd make a suggestion we re -open the public hearing for comments. It sounds like the applicant wanted to make comments. MR. PAWLOWSKI: I'll pass on that. That makes sense. TRUSTEE SANDERS: So, correction. Again, do I need to reiterate what he just said or that's okay for the record? MS. HULSE: That's fine. TRUSTEE SANDERS: So the motion has been made. TRUSTEE BREDEMEYER: The motion has been made and second, with the clarifications so enumerated by Trustee King. All in favor? (ALL AYES). MR. PAWLOWSKI: Thank you, have a good night. TRUSTEE DOMINO: Number eight, Michael Kimack on behalf of MIMI COLOMBO requests a Wetland Permit to remove existing +/-24' long wood retaining wall, 4' wide wood decking and staircase; and replace with a proposed +/-24' long ACQ wood retaining wall with shoreguard sheathing; proposed 4'x+/-24' thru-flow decking along top of retaining wall; construct a 4'x60' fixed dock on 8" diameter pilings at 8'o.c.; a 3'x16' removable aluminum ramp; a 4'x16' floating dock with a 4'x4' float extension using trex decking; with four (4) 10" diameter pilings in two sets; overall length of docking facility from retaining wall to be 80'. Located: 350 Oak Street, Cutchogue. The LWRP coordinator found this to be consistent and inconsistent. The construction of the 24' wood retaining wall, the staircase and the proposed 24' long ACQ wood retaining wall, sheathing and flow-through decking along the top of the wall is all found to be consistent. The inconsistency arises from the proposed action, construction of the 4'x60' fixed dock and associated pilings and float, the reason being the mean low water measurements at the terminus of the dock is shown at one foot at mean low water, which will create problems, scarring of the bottom, increased turbidity due to prop wash, and other actions that will impact the environment. The CAC voted to support this application. The Trustees did a site inspection on December 10th and the notes indicate that the dock should be lowered, steps should be added to the side to allow people to traverse the dock if they are walking along during low tide, and questions the materials on the wall. Is there anyone here to speak to this application? MR. KIMACK: Mike Kimack on behalf of the applicant. Good evening. I would like to amend the application. If I may be able to add the 8'x8' hot tub in that now exists on the deck. That was picked up and I missed it. It should have been picked Board of Trustees 36 December 17, 2014 up as something that has not been permitted before. TRUSTEE DOMINO: Okay. MR. KIMACK: To address your concerns, the fixed dock basically is designed at that level basically to stay out, at the same level with the 424' being replaced to allow people to pass underneath it. The DEC basically has a requirement that they do not want the impediment from the high water mark landward in order for people to pass. As you had noted when you were out there, there were a set of stairs on the other dock next door which had been permitted. But it also begins in a much lower area than this one anyway. But by keeping it up at the eight -and -a -half to nine foot level it was designed as, which designed it, it allows people to pass underneath freely without having to climb up stairs and go over it. It does keep it up about three to four feet over high tide, which is a reasonable amount of height above that. As far as the depth, basically out there. That whole area is very shallow, as you had noted from the bathymetrics, it goes out probably another 30 or 40 feet at about one, one -and -a -half feet before it even begins to get deeper. DEC code requirement is a minimum of two -and -a -half feet at low tide, for the very reason that was stated, so there would be no scouring on the bottom. In this particular case you'll note on the drawings and the reason it was situated that way was in order to have a chock system set up on both sides, both of those ten foot diameter piers that support that dock on both sides, one vertical and the other at an angle to it, basically one to support the other, to fix it on both sides, to fix the dock, also has a chock system underneath it so it doesn't touch the bottom. It keeps them off. So the whole dock will not settle. As far as the boat is concerned, the dock next to it, you can see it just north of that or just the one that is drawn out there. That one had been approved by both wetlands and also by DEC. And pretty much under the same conditions in terms of that one is chocked. That was replaced, it's a little wider, it was chocked a different way, it's 6x20 foot long, the floating dock itself. But it's in essentially the same depth of water that this is in. And one of the reasons was that from a construction economics point of view, it would have made no sense to try and go out another 30-40 feet to try to hit the two -and -a -half feet, number one because we would be probably pretty close to the requirement of DEC of the 25%, not to involve more than 25% of the creek from shore to shore. I know that yours is a third, but theirs is 25. So it was really no reason, no real capability to have to extend this out as far as necessary to get the two -and -a -half feet depth. So I kept it in on the design not going any further than the other dock next to it, adjacent to it, in terms of the floating aspect. TRUSTEE DOMINO: As a point of clarification, on the plans received November 17th, 2014, shows handrails on both sides. MR. KIMACK: Yes, and it was noted that apparently those handrails can only be on one side, which I found rather Board of Trustees 37 December 17, 2014 impractical. Apparently, but if it's code, it's code. If that's the case, I can adjust it and take one side off. I mean if you have kids running up and down over there, in any situation, the code in the town is anything over 30 inches you put a rail on it. So I don't see why that would not have basically applied to a fixed dock situation, even more so because most docks go up even higher. But if that's the code, I would be willing to pull it off one side. I'll re -adjust my drawing. TRUSTEE BREDEMEYER: We have for handicapped in the past -- TRUSTEE KING: If they can show the need for a second handrail, we have approved them. TRUSTEE BREDEMEYER: I mean, the thing here is the height. If you had the height, maybe the handrails should be a consideration. MR. KIMACK: I would design it on there almost under any circumstances simply because you are walking, in anything over 30 inches, you are walking out, and kids are walking out there, people of my age are walking out there, as Jim pointed out when we were there. But the railings made sense to me. And I know a lot of docks I see do not have it, and I find it, you know, more of a necessity than perhaps a visual aspect to it. TRUSTEE DOMINO: Is it the sense of this Board that it's too high? TRUSTEE KING: It's my feeling. We have traditionally, historically, tried keep these catwalks low, especially since we started using the through -flow grading, because esthetically it's much better looking. In this particular neighborhood, a dock that high compared to the rest of the docks sticks out like a store thumb. MR. KIMACK: The adjacent docks are about that high, basically. But the one up -shore which we took a look at is as equal -- TRUSTEE KING: I didn't see any docks in the area this height. MR. KIMACK: There was one further up the stream we pointed out. John basically noted it. TRUSTEE BREDEMEYER: It was close but I don't think -- MR. KIMACK: No, it wasn't -- these stairs, it wasn't adjacent. TRUSTEE DOMINO: I would agree you pointed it out but I would not agree that we agreed it was the same height as this. TRUSTEE KING: Typically with these water depths, we usually put a set of stairs at the end of the dock for access rather than a ramp and float. Because of the water depth being so low. TRUSTEE BERGEN: And I believe we noted out in the field, the dock immediately to the south, that is exactly what they have. They have a catwalk leading to steps. I have the same concern putting a float, even though it's engineered so it will not sit on the bottom at low tide, it's in such a shallow depth that any boat, the prop wash from any boat will just destroy the habitat underneath that area. So for myself I'm just not inclined to agree to a ramp and float. I would rather see a dock at a lower level. Because I also agree with Trustee King as far as the height issues go with a set of stairs at the end. MR. KIMACK: A set of stairs at which end; at the retaining wall end? Board of Trustees 38 December 17, 2014 TRUSTEE BERGEN: No, at the seaward end so it could be used for access into a rowboat. Or many people do that with kayaks, rowboats, canoes, things like that. MR. KIMACK: At what height would you recommend setting it, how high above high water? TRUSTEE KING: These stairs go right from the end of the dock down to the bottom. MR. KIMACK: Okay. Just right into the water. TRUSTEE KING: This is typical in places like Richmond Creek and other areas where it's very shallow. MR. KIMACK: If you can see that floating dock we are seeing right over there, that was taken out of that fixed dock, that was approved by the Board. And not long ago. The guy just finished construction. TRUSTEE BREDEMEYER: It may have been more depth. MR. KIMACK: It's the same depth. TRUSTEE BREDEMEYER: The concern I have also, you are pushing the height to justify what should probably be two rails, if it was approved by the Board, then you can increase the pitch on the ramp to the float and that's, it doesn't seem -- you know, they get slippery and foggy or icy conditions even with the treads and no skid on them, it just seems like it's counterproductive also to personal safety where you don't have to, we have places in town where you have the tidal waves, it becomes necessary. But this seems like a lower alternative that Trustee King is speaking of is the one that is most suitable to this site. TRUSTEE KING: And that way there you don't need to use the eight -inch piles either. You use six inch piles. And if this was six or seven years ago the DEC would be demanding 4x4's through the wetland. We increased that to six because we had plenty of applications where we had to use 4x4's. And the six-inch pile is more than sufficient through the wetland area. TRUSTEE DOMINO: I would like to reiterate -- MR. KIMACK: Okay, if I can understand your suggestions, you want the deck lowered to an extent that this is somewhat similar to the one we are looking at there in terms of height, roughly? TRUSTEE DOMINO: Correct. Yes. MR. KIMACK: And add steps at the end so it becomes a fixed dock with a fixed set of stairs at the end. TRUSTEE BREDEMEYER: And steps up and over on the landward end to allow for access. MR. KIMACK: Pretty much adjacent to the ones next door, basically. TRUSTEE BREDEMEYER: Yes. TRUSTEE DOMINO: For us the issue is the operation of a motorized vessel. You understand that you addressed in your pilings that are off the float, that chocks keep the float from impacting the bottom, but that's not where the inconsistency is. The inconsistency is the mean low water measurements at the terminus of the dock shown between one foot operation of a motorized vehicle to and from the dock will result in scouring of the Board of Trustees 39 December 17, 2014 bottom and turbidity and so on and so forth. MR. KIMACK: If I extend the dock out there will still be a motorized vehicle sitting at one foot. I mean on a fixed dock, basically. As a matter of fact I probably would not have to put the stairs on the end, just run the fixed dock out there. It would be run the fixed dock out perhaps another ten feet or so. Because one foot runs out pretty consistently and I can't stop it. And just put it at a depth they get to their boat either at low tide or high tide. TRUSTEE BERGEN: The other thing to take into consideration with that proposal is the pier line, and if that results in the dock extending out beyond the pier line, that's an issue that would have be addressed. MR. KIMACK: That further pier line there, which is a floating dock line, basically, is about the 80 foot line, which would be the total. In essence what I'm may probably take a look at, I'll take a look at my soundings again, but if I have to do a fixed dock I'll probably run it out so the 16 or 21 -foot boat, whatever they plan to put in there, would be somewhat within the one -foot line when you pull it out at the end of the fixed dock, basically. Their only thing would be, they would have to get to it depending on whether it's low tide or high tide. But I would have to set that at least maybe one foot, one -and -one-half foot above high tide so that it would be acceptable, maybe even two foot above high tide so the boat could be moored, up and down. TRUSTEE BERGEN: I know there are moorings out there in this area of the creek, and the option of having a mooring out there with a boat and a mooring and then you have a small vessel, rowboat, whatever, from the dock, you gain access to a mooring. MR. KIMACK: It's a little tough to get to, Dave. The area you can see, we were at pretty high tide right there when we walked up the side. TRUSTEE KING: While you bring that up, it was a very high tide. You can see that that lower dock to the left still has plenty of clearance to water. It's not like it's getting flooded, even though it's low. MR. KIMACK: I'm just thinking in terms, I'll take a look at the high settings to see if we are going to moor a boat next to it basically, and I have to make sure we have enough height sufficient to put a boat next to it. TRUSTEE BERGEN: What I'm suggesting is apply for a mooring spot out in the creek someplace where you have plenty of depth so you don't have to worry about low tide and prop wash. Before we leave the dock, though, I had a question about the retaining wall. Most retaining walls approved nowadays are vinyl. MR. KIMACK: This is vinyl faced. TRUSTEE BERGEN: This is vinyl? MR. KIMACK: Yes. TRUSTEE BERGEN: Okay, I thought it was wood. MR. KIMACK: The reason it's 6x6 design, which is there now obviously, and vinyl faced, is in order to support the walkway Board of Trustees 40 December 17, 2014 on top for the fasteners and something like that, if you look at the design that is put together, you'll see 6x6 instead of 16 inches on center, parallel to the front face in order to secure the eight screws fastener points for the through -flows on the top. TRUSTEE SANDERS: Going back to the dock, if you are pushing for a mooring, Dave, then the utility of the owners of the, or the applicant, is limited. The utility, their ability to just get to their boat is really limited. TRUSTEE BERGEN: No, what I'm saying is you go out the catwalk to a dinghy and you take the dinghy out to your boat in a mooring. TRUSTEE SANDERS: That's my point. They have the ability for a dock. And putting them on a dinghy, it just takes away the utility of it. It's a pain to get to your boat. TRUSTEE BERGEN: But I'm thinking from an environmental perspective. This is the challenge brought up in the LWRP inconsistency, that the challenge of the prop wash causing environmental damage to the bottom. So what I'm suggesting, to avoid that, and to address the inconsistency, is you have your boat, the option of having your boat at a mooring offshore, then you go down to your dock, get in a dinghy and go out to your boat. I guess I still have a question about the retaining wall, because what I see and the plans looks like as described here, 20 -foot long wood retaining wall. MR. KIMACK: 24 foot. TRUSTEE BERGEN: I'm sorry? MR. KIMACK: 24. TRUSTEE BERGEN: In the description it's plus or minus 24 -foot long ACQ retaining wall with Shore Guard sheathing. And I'm just wondering why don't you just put essentially a vinyl retaining wall all along there. MR. KIMACK: Because the walkway on top is four foot, basically. So in order to support the four foot, in order to carry the through -flow on top, as you come back with your tie backs, the top row of tie backs come back on six sixes, are set so that they basically screw down the through -flows, and they hold the through -flows down. TRUSTEE BREDEMEYER: The Shore Guard, the sheathing, is that the corrugated type we see on bulkheading or is that smooth? MR. KIMACK: It's corrugated. TRUSTEE BREDEMEYER: I'm not seeing that on the plans here. The cross-sectional which shows this dock, the start of the dock -- MR. KIMACK: Did I miss putting it on the cross-sectional? TRUSTEE BREDEMEYER: Maybe it's not labeled as such. TRUSTEE KING: Everything is shown 6x6 pressure treated lumber. MR. KIMACK: I thought I noted the fact there was Shore Guard on front, in the detail. TRUSTEE BREDEMEYER: The dimension of it looks like it might be something that is about an inch -and -a -half thick, if that's the 44 members making up the ACQ with the retaining wall. The Shore Guard is a typical, corrugated -- is almost four inches. The corrugation is almost four inches. Board of Trustees 41 December 17, 2014 MR. KIMACK: The Shore Guard is generally about a two inch, the one we'll be using, on a thin basis. TRUSTEE DOMINO: Mr. Kimack, would you consider going back to the drawing board and coming up with some -- MR. KIMACK: Do I have a choice? TRUSTEE DOMINO: Some plans that might -- MR. KIMACK: What I'm trying to do is appease the owner here, who desired a dock similar to the one next door, is my task as hand. Your directions to me is to consider doing a fixed dock at a lower height, at a point that I may be able to go out there, and run it out, and perhaps use that as the attachment for whatever boat we can put out there. And the one foot one level. Because the mooring point, you know, then I get into the DEC, I'm not quite sure -- we would have to go out there quite a ways. Then I'm past the 25% point with the mooring point for the DEC. So I'm stuck both ways. TRUSTEE KING: The DEC doesn't require anything for a mooring. MR. KIMACK: They give you 25% to take up of the cross-section of your channel, basically. So the mooring, in order to hit the two -and -a -half foot line would have to be out there considerably further. TRUSTEE BERGEN: Our understanding is the DEC does not have a problem with moorings out in, approved moorings out in creeks. Again, in this creek, versus winter time where you can't see them, but there are moorings out there for other boats. MR. KIMACK: I mean, if you looked at the drawing, just as an indication, I went out 30 feet when we were doing the shots. And the water depth at that point is only a foot -and -a -half. 30 feet in front of the 80 feet. TRUSTEE DOMINO: It's actually a little less than that if you do the scale, from what you submitted to us. But I was asking you if you would consider that because there is legitimate concerns that the Board has, and we do have to address the inconsistency in any motion that we make. We are not allowed to violate the code. MR. KIMACK: I understand. Okay, from the sound of it, I'll have to resubmit another drawing. If I can ask that you would table this until I can get my information together. TRUSTEE KING: Have you applied to the DEC yet on this? MR. KIMACK: I have, with the same set of drawings. It's in motion. It's pending. You never know with DEC. It's a crap shoot. TRUSTEE DOMINO: Any other questions or comments? (No response). Any other comments? TRUSTEE SANDERS: I have one other comment. My goal was to try to mitigate the environmental concerns with the utility for the owners. That's what I was trying to get at, to marry those two so that the homeowners can actually enjoy their property, and the environment can be protected. MR. KIMACK: Am I correct in understanding if I correct the drawing on the retaining wall showing vinyl, that would be okay? The retaining wall is not an issue? TRUSTEE DOMINO: It was pointed out it as far as the vinyl -- Board of Trustees 42 December 17, 2014 MR. KIMACK: It always was intended to be that way. I know the description basically indicates that. The description indicates the Shore Guard on it. It was just not indicated on that. I can correct that. TRUSTEE DOMINO: The applicant already enjoys access to the public waters by the fact of having waterfront property. The proposal, it's a private dock on public waters. So it's our job to safeguard the environment. TRUSTEE SANDERS: I agree with you it's our job to. TRUSTEE DOMINO: I would like to make a motion. TRUSTEE SANDERS: I would like to finish my statement first, because now it's still open. I understand it's our job to protect the environment but I also would like the ability for people, just because somebody owns a waterfront property, doesn't immediately mean they can enjoy it. They enjoy the view. But if they have the ability to have a dock and it's not an environmental impact, then I have no desire to deny that. That's the point I'm trying to make. TRUSTEE DOMINO: I suggest you read the code. I would like tc make a motion to table this. MR. KIMACK: Everyone else has a dock. TRUSTEE KING: Second. TRUSTEE BREDEMEYER: All in favor? (ALL AYES). TRUSTEE BREDEMEYER: Next item, Michael Kimack on behalf of TREASURE ISLAND COVE, LLC requests a Wetland Permit for the construction of a two-story (768sq.ft. 1st floor & 1,536sq.ft. 2nd floor) dwelling; with a 768sq.ft. first floor exterior covered area; and a first floor 240sq.ft. exterior covered breezeway; construct a 756sq.ft. garage; install a 396sq.ft. sitting area; construct a f528sq.ft. covered terrace; construct a 7,564sq.ft. tennis court; a 480sq.ft. tennis viewing area; install 1,510sq.ft. of walkways; construct a t3,320sq.ft. auto court; and install a septic system and storm water management system. Located: 14911 Main Road, East Marion. The Board has been to this site for field inspection and has been the subject also of inspection by myself and the town engineer to address concerns of cut and scrape operation that was underway to construct a temporary road for construction purposes. The application has been considered consistent with the LWRP. The CAC supports the application. However the concern is adequate sanitary system the site plan does not indicate what materials will be used for the driveway. And the Board did discuss the wetland issues on December 12th with Mr. Kimack and he flagged the wetlands and we expressed our concerns for the largely Baccharus, largely the high tide bush, the Baccharus exists in the area of the existing access and the south side of the lot adjacent to Dam Pond. Is there anyone here who wishes to speak on behalf of this application? Board of Trustees 43 December 17, 2014 MR. KIMACK: Michael Kimack, on behalf of the applicant. I would like to amend the description. The exterior covered area of 768 square feet and the first floor exterior covered breezeway is now enclosed and conditioned. TRUSTEE BREDEMEYER: So the amendment is that there is no exterior covered breezeway. MR. KIMACK: Correct. And there is no exterior covered area on the design, on the first floor. Originally half of the first floor of this 24'x64' building, half of the lower floor was open, adjacent to the breezeway, which was also open. And we discovered that that would have been considered an open breezeway that would not be required having an opening more than 80 square feet, unless we have to go back for a zoning variance. So we decided to close it. TRUSTEE BREDEMEYER: We'll omit that entire with the 768 square foot covered area and 240 square foot breezeway, that particular phrase omitted from the application. That is going to be an enclosed area of the same square footage? MR. KIMACK: Yes. The square footage has not changed. It will be an enclosed condition, in order to meet the ZBA terms. TRUSTEE BREDEMEYER: So it's 768 square foot enclosed area MR. KIMACK: Right. And part of it is, adjacent to it, is the enclosed breezeway. And conditioned. I know it sounds a little confusing but that's the way the architecture worked out on this. TRUSTEE BREDEMEYER: For the purpose of discussion here, someone has made a copy of the Town Code on the, with respect to common driveway access out of the Town Code. MR. KIMACK: I did. Because to take you back in the history of this, we started with the Planning Commission on this particular application. Originally this was a minor subdivision in 1980 of four lots with five appending lots to it. One of them being Dam Pond, the other on the other side. And the owners of this wanted to merge it into two lots. And when we went to the Planning Commission we were informed at that particular time, under the definition of "common driveway," that there could be no more than two lots to a private drive. This particular subdivision that was done in 1980 had a corridor already situated for an entrance from the Main Road into the property, about 28.96 line, about 360 feet long. It happened to be adjacent to and just northerly of the existing driveway that serves the Barhoff property which is to the west. When this was established, as best that I could gather from the data that I have on short notice, the Barhoff driveway had been utilized by the existing home that is now under reconstruction, now for probably a number of years. When the new subdivision was established in 1980, with the new corridor to serve those four lots, nothing was ever done, so therefore the road was never constructed within the corridor. Planning, the only condition that Planning put on us when we went to the hearing, is they had a concern about another, adding an additional road cut into the main road between two existing driveways. We were able to, because there Board of Trustees 44 December 17, 2014 was an existing right-of-way to the driveway east that we had on there, that we were able to maintain a right-of-way connection to that driveway. So you'll see I'm going to hand you out a drawing to that effect. You'll see that there are two separate driveways with one entrance. So we were able to accommodate Planning by not having three cuts next to each other in close proximity, but really moving one over and making a rather sharp turn back in, we would wind it to that particular point. We were standing -- we had three inches of rain the day before. To give you an idea, the corridor is roughly 360 foot in length. It's 28.96 foot wide. And you are correct in terms of what is there. That rope down there behind my little red car there is Baccharus. That's the biggest stand on there. There is some other small growth of Baccharus along that way, here and there. The other -- of course this place has been mowed, so it's been cut down. But we went out there and we took a look at what else existed on the site in terms of plantings. And there were, you can find toward the driveway and toward the east side over there, there was an area of growth of emerging Baccharus that probably, maybe about a foot or 18 inches high. And then walking up through there, you would see, singularly, here and there, probably more low -bush blueberry. But not in clumps. But coming up in little spots here and there. And every once in a while, occasionally some bayberry. The predominant growth in this area probably attributing to, probably of the 11,600 square feet from the road up to, if you make the turn and go up to the 100 foot boundary, which is the wetland boundary, probably 80% of it is upland grasses. There is rye grass there, there's switch grass and there is course fescue that makes up most of it. However, having said that, there is obviously some wetland growth in there, some wetland plants, things like that. What we've proposed, there is one for everybody. (Handing). (UNIDENTIFIED VOICE): Excuse me. MS. HULSE: One second, sir. You have to be recognized by the Chair. MR. KIMACK: What you are looking at there is the driveway that had been on all the prior drawings, and the one approved by the Planning Commission and everyone else, the area of disturbance of the proposed driveway, it's a 12' wide driveway. It runs approximately the length of approximately 360 feet up to the wetland corridor turn there. The disturbance area, figuring about a 20' wide disturbance area, about 12 foot on both sides of it, is about 7,300 square feet. Of that 7,300 square feet, about three quarters of that 7,300 square feet are the upland grasses. And then I'm not, I know I'm being conservative, but the rest are made up of the predominantly the Baccharus, and to some smaller extent the blueberry, and to an even smaller extent the bayberry. What we propose here is to replant at least 8,000 square feet on both sides. We can transplant the Baccharus that is Board of Trustees 45 December 17, 2014 there now. It's a fairly immature plant but it actually transplants fairly well, fairly easily. That we would restore 8,000 square feet of area on both sides of the road, and also the area on the bottom of the property right there. TRUSTEE KING: This proposed driveway, where is the existing driveway that we are standing on now? MR. KIMACK: Just south of it. See the dotted line, Jim. TRUSTEE KING: The dotted line. So essentially you'll still have two driveways paralleling each other. TRUSTEE SANDERS: Until they break off. MR. KIMACK: The owner doesn't -- even though it was a driveway of convenience, that driveway is not on the owner's property nor does he have a right-of-way or easement to it. TRUSTEE KING: Is there any way that could take place? MR. KIMACK: I don't believe so. TRUSTEE DOMINO: Have you attempted that? Have you pursued that? TRUSTEE KING: Just a second. TRUSTEE BERGEN: I know this gentleman has been waiting to speak. TRUSTEE KING: He's been waiting a long time. MR. CAMPBELL: My name is Carl Campbell, I'm here on behalf of my parents who live just to the east of this property. And I'm concerned about the discrepancy in this drawing, if it's the same one that we were sent. It shows that right-of-way at the foot of our road. And this right-of-way is actually owned by four of the property owners, all to the east of their property. And, taxes are paid on it. It's maintained privately. TRUSTEE BERGEN: Just for clarification, you are referring to a right-of-way, is the right-of-way you are referring to their proposed driveway, or is the right-of-way you are referring to the current road being used? MR. CAMPBELL: If I could show you the existing roadway on the site plan we were given, I would be happy to clarify that. TRUSTEE BERGEN: That would be great. MR. CAMPBELL: This is the drawing we were sent. The proposed site plan, is that the most current one? TRUSTEE BREDEMEYER: December 16th this is dated. Is there a date on this? TRUSTEE SANDERS: This is August 18th, 2013. The one we have is December 16th. TRUSTEE BERGEN: It's revised November 14th. MR. CAMPBELL: The concerns I have are basically the same. The area here, where the proposed driveway ties in to the existing road there, what they call on this drawing a right-of-way, is a right-of-way for the owners of this property, this property, this one and this one. It is actually owned, deeded to this group of four people. And they pay taxes on it as well as maintain the road. TRUSTEE SANDERS: Now you are suggesting it's not deeded into your right-of-way; that section there is not for them? MR. CAMPBELL: That's absolutely correct. I have a survey of the Board of Trustees 46 December 17, 2014 Campbell lot here that was done in 1972, and unlike the more recent drawing, it does not have a line across here indicating that the right-of-way is just this area. The right-of-way actually is this small road here, and an additional right-of-way that goes to Dam Pond. This same group of people owns the bottom of Dam Pond, and pays tax on it. TRUSTEE BREDEMEYER: That portion of the pond was excavated back in the day by Latham Sand & Gravel, but not necessarily all portions of the pond. MR. CAMPBELL: That's correct, yes. TRUSTEE BREDEMEYER: Can we take maybe a five-minute recess. Trustee King had to leave, he's having trouble. Just take a five minute recess. (After a recess, these proceedings continue as follows). TRUSTEE BREDEMEYER: Let's go back on the record at this point. TRUSTEE BERGEN: Mr. Campbell, I'm very sorry, but I'm trying to understand this survey. If you could help me out. This is the one you just presented to us. MR. CAMPBELL: Yes. TRUSTEE BERGEN: VanTuyl survey, 1972. You have Main Road here and Main Road up here. MR. CAMPBELL: This is two views here. The same diamond-shaped lot. TRUSTEE BERGEN: I see. This is a smaller scale version. Okay, now I understand. MR. CAMPBELL: Yes. In talking to these two gentlemen, they tell me that originally their lots over here had a right-of-way, if I understand correctly. That very recently they have given up their right-of-way to this portion. Which I don't know to be true or not. What I do know to be true is that for approximately the last 40 years this lot and house, this house, the one that is situated here and the one that is situated here, have paid all the taxes and maintenance and upkeep on this road the entire time. We see no evidence that it was ever connected. There is a natural barricade across here. TRUSTEE BREDEMEYER: It's not entirely relevant to what we are seeing here, taxes and other things. If there is something about the construction as it relates to the wetland, of which the Board has many concerns, that would be another concern that maybe you would be able to address, outside of this context with the gentleman that might be here or represent -- MR. CAMPBELL: My concerns -- MS. HULSE: Mr. Campbell, can I request you to go back to the microphone so the stenographer and audience can hear you. TRUSTEE BERGEN: You can take these, unless you are submitting these to us. MR. CAMPBELL: I don't have a copy, and that is mine, this is yours. TRUSTEE BERGEN: These are yours. Thank you. MR. CAMPBELL: I do have some other questions though. TRUSTEE BERGEN: Sure. Board of Trustees 47 December 17, 2014 MR. CAMPBELL: One of the reasons 1 think it might be relevant is that I'm not certain they have the ability to actually cut into that driveway, that road right there. I don't believe they have a deed to do so. And I can certainly speak that they have never maintained their portion of it, if they did. TRUSTEE BREDEMEYER: Again, that's not really anything this Board is empowered to address, unless I stand corrected by our attorney. The Board's concerns deal with a Wetland Code that sets specific provisions for protecting wetlands. Now, I believe it is the Board's understanding, based on our field inspection, that the creation of a proposed driveway does go over a portion of your mom's or your property as has been applied for, and that's the area of particular concern by the Board, because of after the heavy rain but also we know high tides now are more prevalent in Dam Pond throughout the year, and that the marsh fringe, if you will, is going back up, in other words restoring itself into the uplands. So I think those are primary issues that the Board has to deal with. MR. CAMPBELL: If I could address two other items. One of those being an equal concern. If you look at the way they show their tie in to the existing road, that right-of-way area, it shows a hooking back up to the north, which would allow somebody coming out of the large house under construction now to come down there, turn north and go back up along my parents' house. I think if they have indeed turned that deed over and relinquished their rights to the property, we would rather not see that hook there, for one. TRUSTEE SANDERS: I think that's outside of our -- TRUSTEE BREDEMEYER: It is within our jurisdiction in the wetland, and that was -- MR. CAMPBELL: As far as the water supply goes, if you look at the road they proposed, they incorporated a number of drywells, that are ten feet in diameter, two feet deep, down in the lower section, and one concern I have with that is that in a high tide or a storm, the salt water does come up into that area and the intent of those drywells would be to retain the water until it can seep down into the soil, which with the very shallow aquifer in that area we could have some contamination of the freshwater supply. I'm not sure if the drawing you just have received shows those drywells. TRUSTEE DOMINO: What plan are you working from? MR. CAMPBELL: See these circles in the driveway, those are all ten -foot in diameter by two -foot deep drywells. TRUSTEE BREDEMEYER: Is anyone's drinking water in the vicinity of these drywells? MR. CAMPBELL: Yes, there is a well -- if I could approach again -- not too far away. Campbell. Our well is approximately right there. And if you look at the contour lines you'll see there is only two feet apart, I believe, elevation wise, between the surface of the soil there, where the well goes down, and that Board of Trustees 48 December 17, 2014 point. TRUSTEE BREDEMEYER: It's hard -- well, without knowing the direction of groundwater flow, I think to make a definitive -- because of the irregular shape of Dam Pond, even though your family homestead is at higher elevation, the soils in that area and the irregular shape of the pond, without a study we would not really know if those drywells are contributing or not. Obviously we are having regular saltwater inundation because the Baccharus is thick enough, it will grow, it's facultative. It will grow in the middle of the town but to have pure stands of it, it requires either salt spray or emerging. So there is already some burden there of salt. But the point of the drywells is well taken. As far as the engineering aspects of the road, maybe an alternative -- pervious materials are still going to load the groundwater table up at that point. The Trustees usually don't encourage putting a macab or blacktop or impervious material because that creates other problems as far as runoff, and also if the tide is high enough to overtop a road that is constructed hard, it would dam up saltwater still closer to your well with no relief. So I think there is a lot of issues going on here, particularly, obviously protecting wells from saltwater is a concern of the Board. MR. CAMPBELL: I agree that we don't know enough about it at this point, but I think before we proceeded with something like that it would be imperative to do a full survey of the aquifer and make certain we are not creating one. There are no alternatives for water there. TRUSTEE BREDEMEYER: There are no alternatives for water in General, when you talk about Orient, but probably the Dam Pond area, the way it's constructed, may be more heavily constrained than even mainland Orient. MR. CAMPBELL: Exactly. I just think it's such a heavy potential with that number of drywells put there, their sole purpose to retain the water as opposed to allowing it at least to follow the contour of the hill and go back to Dam Pond. TRUSTEE BREDEMEYER: This application is getting more complex as we discuss it, with more and more concerns. And some of them are beyond our purview, so we can't discuss them, but they might be amenable to further discussion. I know I'm speaking probably for the majority of the Board here, the concern that we thought one unified driveway would be best, the question is it's prohibited by code, is it time to look at this in terms of maybe talking to the adjacent landowners and approach to the ZBA to try make something that will work for the next 80 to 100 years, because the Dam Pond has that low berm that is currently protecting it, those berms are settling, the high tides are getting higher, there may be mutual interest here, it's a difficult thing, but there is a lot of stuff going on here. Maybe this is a case where we should encourage a tabling of the application for Mr. Campbell to talk to you; you know, the circumstances are unique, it's a complex issue, and there are wetlands involved. Board of Trustees 49 December 17, 2014 MR. KIMACK: May I address some of the concerns that came up? TRUSTEE BREDEMEYER: Absolutely. MR. KIMACK: We can provide Mr. Campbell with the deeds that indicate that particular minor subdivision had the right-of-way that is along the existing road right now, that we gave up a major portion of it to save the lower section where we had to make the connection. I think his concern was it was originally owned by those four lots, and he was not aware, and we'll make him aware of the fact that there is in fact, there was in fact a right-of-way that went along that existing road, that was meant and intended to cut through the four lots, to the southern end of the two northern lots, and the northern end of the two southern lots. And that right-of-way was given up all the way back down to the connection. As far as that hook back is concerned, we can take the hook out. That's not a big issue. As far as the inground storm water, that is a requirement of the Storm Water Management that no water leaves. And the Storm Water Management Plan has been approved by the town for both properties, because it was combined property. That was a requirement of the calculations. TRUSTEE BREDEMEYER: That said, calculations being what they are, as far as engineered solutions because of concerns of saltwater intrusion and maintaining the healthy wetlands, I'm sure the Engineering Department and our town engineer, who is extremely well versed in environmental issues, we might be able to provide the accommodations to meet the calculations and address some of the concerns of Mr. Campbell and your needs for proper access. I think that is probably the least of the issues that we would have. I think the Baccharus issue and how much wetlands we'll lose in this or -- sorry, go ahead. MR. KIMACK: Well, two points. Number one, you had some concern about whether it was a paved driveway or a stone driveway. Storm Water Management doesn't look at it any differently anymore. And the reason they don't is whether you are doing a paved driveway, which is obviously impervious from the start, which is always an extra calculation, they now include even if you are stoning a driveway, because you have to put down at least four inches of RCA underneath it. That RCA really works as an impervious layer. So whether it is stoned or not stoned, from that perspective, the calculation for the amount of drainage you would need would be exactly the same. So I don't know whether or not the decision had been made to pave this or not pave this, but if it was a concern of the Board that it left stones, that would be something we would take up. But from the calculations as far as Storm Water Management is concerned, it makes no difference. We would not change the location or the size of the operation of the storm water management system. TRUSTEE BREDEMEYER: Here is what I'm hearing from Mr. Campbell, and knowing from personal experience because I lived in Orient since I was since I was 14, and I'm 65, 64, is if we have an overtopping event of Dam Pond, which has concerned four times in Board of Trustees 50 December 17, 2014 the last five or six years, if the road construction as it stands is, with road drains but a hard surface, and the elevation necessary to keep it from flooding regularly, to provide safe access for residents, there will be repeatedly times when saltwater goes up the Campbell's lawn and has no way of receding, and it appears that it will saturate the ground there. And that tells me maybe there has to be outlets or a different road construction standard, a different approach to it, because of these concerns, absent a detailed ground water flow study. Because we can't approve stuff and all of a sudden find Mr. Campbell's well went saline and he has no alternatives. MR. CAMPBELL: Thank you. That's exactly what we are looking for. MR. KIMACK: We can keep the proposed driveway at the same height as the other existing driveway for Barhoff, so there would not be any issue. So any over -flooding would -- Barhoff's driveway would be, if we keep the same height, basically, all across there, it would not be a problem with the over -flooding because it would come back again. MR. CAMPBELL: Well, with the drywells -- MS. HULSE: Sir, it's not appropriate for you to respond to Mr. Kimack's comments. TRUSTEE DOMINO: Before Mr. Campbell spoke, I had asked a question, were there any attempts to solve this right-of-way issue so we might not have to consider this road within the wetlands. MR. JANNUZZI: Good evening, members of the Board. David Jannuzzi, I'm the counsel for Pablo Solomay who is the managing member of the Dome Luca and Treasure Island entities. We got involved I guess about a year -and -a -half ago with this property. At that time we had reached out to Mr. Barhoff unsuccessfully to have negotiations, to talk about finalizing of the right-of-way that was there. Mr. Barhoff owns I believe it's two lots to the west of our lot. So we were unable to actually even get a call back from his side. And I did write letters to them as well. TRUSTEE BERGEN: If I could rephrase the question. Since last week when this was brought, this issue was brought to the Trustees in the field inspections, has there been any attempt to work this out at all? MR. JANNUZZI: With Mr. Barhoff? TRUSTEE BERGEN: If he's involved, or with anybody involved. MR. JANNUZZI: There has been no involvement with him. TRUSTEE BERGEN: Has there been any attempts since last week to make any contact? MR. JANNUZZI: We were operating under the idea, the Planning Board says no, we don't want this to serve. That's why we submitted the letter from the Planning Board. TRUSTEE BERGEN: So your answer to my question then is, again, what we did out in the field, is we pointed out to Mr. Kimack this problem. And we said could you please get in touch with the owner of this road prior to coming to this hearing tonight to see if anything possible -- I'm not an attorney -- if anything possible, legally, could be worked out for this one road. That's Board of Trustees 51 December 17, 2014 why I ask has there been that attempt to reach out to this gentleman in the last week. MR. JANNUZZI: We have a 1(718) number, is the extent, apart from where I can send the letters. And I did put a call in last week, but no calls were returned. And that kind of replicates what had happened a year or so before when we had first approached this. Thank you. TRUSTEE BERGEN: For myself, I agree with the comment that was made earlier by Trustee Bredemeyer that this has become more complicated. There are more issues involved with this than think anybody envisioned. For me, again, going back and looking at this in the field, plus looking at the pictures here tonight, plus looking at the diagrams that have been submitted, to me, clearly, the proposed road is in the wetland. And it even says so in your planting plan. It shows it right in the middle of the wetland. That is a serious issue for the Trustees. And so what we discussed out in the field was, (a), to either work something out with the owner of the property so that could be addressed, so it's just one singular road; or (b), you come up with some plan where wetlands are reestablished or established in another area to offset the wetlands that are going to be lost here with this. So I would suggest -- and now you've also heard issues tonight about the groundwater concerns. So my suggestion is you take this information back and think about this, that we table this, it gives you the opportunity to go back and think about this and maybe come forward with another set of plans that might address the groundwater concerns that Mr. Campbell has talked about, and the concerns the Trustees talked about, about a second road being constructed right through a wetland area. MR. KIMACK: I'll respectfully submit that. Based upon the Planning requirements we have no choice but to be in that singular location with the road for two lots. TRUSTEE KING: You mean the Planning Board says you have to put a road in for those two lots? MR. KIMACK: Their requirements are no more than two lots be served by a common driveway. That's why I gave you the common driveway definition. That's what we were working off of. TRUSTEE KING: When I saw this common driveway definition, it means to me that not more than two lots can share a common driveway. How do they do it up on the Sound where we have subdivisions of four and five lots with one driveway going into them. MR. KIMACK: I have no idea. TRUSTEE KING: It's kind of a conflicting issue, in my mind. TRUSTEE BERGEN: When was this before the Planning Board; the issue of the driveway, was that before the Planning Board when it was a nine -lot subdivision? MR. KIMACK: It was really a four -lot subdivision with four tax lots, one of them being Dam Pond itself, with the other spit on the side of the land. We took it back and we merged it back to two lots. And in that particular case we were informed we could Board of Trustees 52 December 17, 2014 not exceed, because the Barhoffs, the driveway that now serves it, would have been three, because it serves Barhoffs as well as the two lots. And we were informed that we needed to stay within our own properties in order to bring the road in. Which we did. We adhered to it all the way through the process. TRUSTEE BERGEN: So you sought and obtained approval from Planning Board for this project that included this proposed driveway. MR. KIMACK: Yes. TRUSTEE BERGEN: And when was that done, approximately? MR. KIMACK: A couple of months ago. June. They finalized. would like to reiterate one other point, when you indicated come back with another plan, but I did want to point out to you, we are, our proposal would disturb 7,300 square feet. But of that 7,300 square feet, literally three quarters of it is not wetland material. It's all upland grasses. What we hopefully will be able to achieve here is if we can reestablish more wetland plants that now, that now exist in that particular location, by replanting it to whatever you would like us to replant to in that area, whether it's replacing bayberry with blueberry and however much Baccharus you want in there. But it would be a much hardier and more mature and more diverse wetland area, surprisingly, with the road, than exists without the road. TRUSTEE DOMINO: This planting plan that I'm looking at from Michael Bouchette, do you have DEC permission for this plan? MR. KIMACK: For the planting plan? TRUSTEE DOMINO: This planting plan through the wetlands. MR. KIMACK: We had not had to go back -- this only occurred from last Wednesday, that you talked to us. The answer is if I have to amend that permit, I can go back and amend that permit. TRUSTEE BREDEMEYER: Also, we did flag the property, and the flagging represents the Board's view of what are the wetlands on the site, so that as you go forward and we review this, the Trustees' wetland line should be on here. I don't think any of us have a problem with the flagged wetland edge in Dam Pond, but clearly this is an adjacent area that includes significant wetlands, and the line we proposed is adjunctive to, doesn't necessarily replace, the notion with the previous flagging line that I think was done by Rob Herrmann. But this really takes into account the current vegetation as it stands, and it should appear on all future plans that are dealing with this project. Also, I would definitely note for the record, that you will not get high bush blueberry to live in this site. I cultured them for the last 35, 40 years. They are not salt tolerant. Bayberry, yes. It's a possibility. But there is a reason why the Baccharus is there. But certainly the grasses are very resistant and are getting a good dose of freshwater. I think you would be wasting your client's money to invest in the high bush blueberry. They would be much better for the surround of it in, for some of your purposes such as tennis courts or house where they would survive and be trappers and be beneficial, but not here. MR. KIMACK: But there are emerging blue bush, low -bush blueberry Board of Trustees 53 December 17, 2014 coming up in there, some, in that area. Would you think that low -bush would be able to survive? TRUSTEE BREDEMEYER: I don't believe either -- I'm just offering it up, I don't think either would be. Unless, I mean the immature Baccharus in the early stages -- MR. KIMACK: No, we did see emerging blueberry, and some emerging bayberry. Granted, the predominant was Baccharus. Both emerging and -- TRUSTEE BREDEMEYER: I'm not going to quibble. MR. KIMACK: But what we did, basically, when I looked at your line, we didn't have a chance to re -stake it between last Wednesday and this meeting, we just assumed that the property line, we assumed that within that flagged area, and we assumed all of that would be replanted. And it's probably pretty close to your line. Your line may be actually over on the other property, I'm not quite sure. Which we have no control over. TRUSTEE DOMINO: Notwithstanding the fact that you didn't get a return call from the (718) number, I would suggest, tell the applicant to make a renewed effort to do something in that regard. There is an existing road, it's already damaged. think that's the way to go. MR. CAMPBELL: If I may -- TRUSTEE SANDERS: At this point he can't use that road. I may be mistaken, he can't use that road because of what you just brought up; is that correct? MR. KIMACK: That's correct. That's our understanding from Planning. I mean, you guys are putting us between a rock and a hard spot on this one. TRUSTEE BERGEN: Yes, sir? MR. CAMPBELL: In the approximately 42 years we lived in that house, that house has always used the road that they are now unable to use. It doesn't make a lot of sense to me. The name of the road that we use is private road number eight. Officially. TRUSTEE BERGEN: Thank you. TRUSTEE BREDEMEYER: I don't believe we have enough to move this. We don't have a wetland line on our plan. We have heard issues raised during the public hearing that I think would be better addressed outside the public hearing. I believe that concerns surrounding water quality and protected water well quality are, can be addressed possibly through revisiting and discussion with the town engineers. It would be helpful to get a Trustee member present, myself, or any other Trustee would be glad to sit in on that and try to work some kind of accommodation out for a revised plan; if we are truly locked in, through a prior Planning Board decisions that we have, you know, dissolved certain rights and rights of way, whatever, I guess the Board will have to honor and move ahead with a planting plan that would preserve and enhance and maybe replace those wetlands that are going to be lost. But I think we are way ahead of that now. I don't think we have enough information, we don't have enough information on the plan to do that. Board of Trustees 54 December 17, 2014 So my recommendation would be, now, that this be tabled. I'll make that in the form of a motion. But I don't want to close out any additional comment the Board members may have or Mr. Campbell might have. And I see a gentleman putting his hand up. MR. MURRAY: My name is Nick Murray, I'm a representative of the owner, project manager for the construction project. Just as an issue of clarity for your suggestion of reestablishing the wetlands, would that be a technical reestablishment of re -grading and to address the soil characteristics, et cetera, or would a simple replanting of riparian plants address your needs? TRUSTEE BREDEMEYER: That is purely hypothetical. We have to deal with the plans. But generally speaking the Board likes to create non -turf or non -disturbance buffers, and since the site wants to grow Baccharus anyway, I don't know how the Board feels, possibly just leaving, during construction, leaving that alone. I think it's premature getting into that discussion because we don't know where the road also might be at this point. We don't have our wetland line there, so we don't have a calculation of how many square feet of wetland are involved with that. MR. MURRAY: Okay, well, if I'm to direct the architects to create plans, then I would need to know are they to plan to replant or plan to regrade, et cetera. So. TRUSTEE DOMINO: Usually, I'm not speaking for the DEC, but when they find an area that has been disturbed, or someone proposes to disturb, they usually require a harsh ratio in terms of mitigation: Three acres mitigated someplace else, to one acre disturbed. And this is going to have to get DEC blessing, I would think. MR. KIMACK: It already has DEC's blessing. TRUSTEE DOMINO: I asked that before. MR. KIMACK: Well, I should have probably been a little more clear on this. We applied for and received from DEC a permit for both lots together, both Dome Luca and Treasure Island Cove was a combined DEC. And we got a jurisdiction and non jurisdiction and on the map was a road extension like that. And they declared that up to the ten -foot line on the lower section, the ten -foot elevation line, which is about 15 feet below the end of the thing is non jurisdiction, as far as they're concerned. TRUSTEE BREDEMEYER: That's confusing it. Ordinarily the DEC has non -jurisdiction above the ten foot section. Below the ten -foot contour would be within 300 feet of the flagged wetland line. MR. KIMACK: I'm sorry, they have it up to the ten foot line, I apologize. But the road, when we submitted, the road shown on the drawings, that went to DEC. So they knew -- TRUSTEE SANDERS: The proposed road. MR. KIMACK: The proposed road, yes. TRUSTEE BERGEN: Was it in the project description? MR. KIMACK: It was in the description that went in. And DEC approved it accordingly. Now I will agree they have not looked Board of Trustees 55 December 17, 2014 at a planting plan, but they certainly have the driveway and everything else there as part of their approval. TRUSTEE SANDERS: I have one question for you, if you would entertain it. Is there anything, when you look at this, you've had your discussion, is there any way this could be modified to satisfy you? MR. CAMPBELL: Well, first and foremost we need to keep the water supply totally safe. That's a given. I'm concerned about the plantings we are talking about because if you are standing on the causeway, on the break wall there and looking up, that's the first thing that hits you. It's beautiful right there. And to us, that's extremely important. I'm not saying that we couldn't come up with something that was equally beautiful, but I have not seen anything there. Michael has been very helpful, he's going to provide some deed information that will prove one way or another, hopefully, where we stand as far as that right-of-way, as being able to tie into it. So I look forward to getting that. I certainly would like to see a copy of the investigation work done on the aquifer there to make sure we don't create any problems. I guess there is a number of pieces that all have to fit together to please me. TRUSTEE SANDERS: I think that's helpful for everybody that is listening, so. MR. KIMACK: Just to clarify in my mind and make sure of the direction. I know what the Board's concerns are. Their concerns are can we in some way establish a relationship through a right-of-way with Barhoff that would mitigate having to put that road in completely. That would be your first hope. I'm not quite sure what form we could give you to indicate that is or is not successful. That will be something that we'll try to work on. That will be the first part. I think that's your top priority. Number one. But we'll have to find, if not the case, we'll have to find some format with which we can prove to you this will occur or not occur. Having said that, on top of that, we still have to be in conformance with what the Planning has told us, which is just the two lots being served by one driveway. I'll make this pitch, basically. Our concern right now is the road coming in. Is there any concern by the Board of the construction of the tennis court, the house and everything else? The rest of the project. Because from what you are telling me right now is that either we are going to somehow use the existing road with that cut in, where it exists now, coming back, if by any chance we are able to get Barhoff to do a right-of-way or easement, or if we can or in fact show you that is in fact the case, then we'll have to go back to the proposed road that we have now structured with some kind of planting plan acceptable to the Board. But in any of those narratives, it doesn't forestall or should not forestall because one way or other, whether it's the existing road or proposed, it has no impact on your approval of the remaining project. TRUSTEE BREDEMEYER: We flagged the wetland line, I don't know Board of Trustees 56 December 17, 2014 how the Board feels, I don't know if there were issues that came up with the rest of the construction -- MR. KIMACK: We did pull the septic back as far as we could. That was one of your original concerns, it was too close to the line. But as you can see from there we can only come back so far because we have the 150 foot settlement from the well. TRUSTEE BREDEMEYER: If one of these maps were submitted with the wetland line at this time I don't know if the Board is willing to segment the road out because there is these additional discussions that have to take place with regard to disturbance or changes to that area which the Board has deemed as wetland. I don't know how the Board feels. MR. KIMACK: That would give us time to work on the issue. TRUSTEE BERGEN: I would want to confer with legal counsel on that first, so. Initially my response is I don't want to give any type of feeling on the rest of the project. This is part of the project. It's in the plan. It was not in the project description, but it is in the planting plan, it's in the plan you gave us tonight. So it's part of this project. So I don't want to segment it out. Obviously the road is critical to this project. That's one thing everybody can agree to. You can't get access. MR. KIMACK: That is critical. But it is going to occur in one of two points. It either occurs in the existing road as it now exists or occurs as a proposed road. Those two choices, one or the other, your priority is the existing road with the existing cut in, then swinging it back. That may not be possible from two different fronts. From the Planning point and also from the owner's point. So if that goes, then we are back to the proposed road, which I think you have somewhat mentioned. And if we can show you that we are not able to use the existing road, that you'll work with us to try and find a way to mitigate the disturbance of the wetland area by whatever planting scheme we can come up with, whatever types of plants you would like to see. So it will either be (a) or (b) as far as the road is concerned. But none of that is going to affect what is happening above. TRUSTEE SANDERS: In my opinion, I agree with what you were saying, John, and what he was saying. I think we can segment this out and approve the other areas while we are holding off on that, unless I'm incorrect. TRUSTEE BREDEMEYER: This is a Type II under SEQRA, State Environmental Quality Review, by virtue of the description because of the house construction, but SEQRA ordinarily discourages segmentation but for the exception if you are going to segment out environmental matters that are of your interest. There is a house under construction, so far where there were problems with the drainage, and issues with the clearing, the matter has been referred to the court, and all the suggestions of the Engineering Department to handle the runoff to protect Dam Pond were taken, so that the applicant has also shown good faith at this point, so I think that under the circumstances, I Board of Trustees 57 December 17, 2014 don't know how our attorney feels, under the circumstances they have shown to express good faith after some problems occurred on the site, they followed direction from the engineer, so I don't have a problem with the segmentation to deal with the relations unless counsel has a different suggestion. MS. HULSE: I would suggest that you can do that. If your environmental concerns are strictly limited to that portion that you are going to continue to consider and require additional testimony, that would be fine. TRUSTEE BREDEMEYER: Is that acceptable to the applicant? MR. KIMACK: Yes, I think we are well prepared to work with you. I mean, it's going to take its own course. We'll have to do the legal first and see what we can do with Mr. Barhoff, and then prove to you one way or other that it will work or won't work to your satisfaction. Then after that, if it doesn't work, then we'll work with you to develop the plan. We will try to have that meeting with Jamie Richter and yourself and Mr. Campbell to indicate the drainage situation. But he looks at it from a different perspective, but it may be a perspective we can tie back to the environmental concerns. But that would allow us to move forward on that section which we can move forward on. TRUSTEE DOMINO: This should have been addressed before we went through this project. This is the danger with piecemealing or segmenting. TRUSTEE BREDEMEYER: Unfortunately it was not apparent until the drainage violation had occurred that we knew we even had wetland in this area. It's possible other boards and agencies seeing the planning by Rob Herrmann made their determinations based on a different wetland line other than what the standard vegetation -- MR. KIMACK: We were always working under the behalf it was a buffer area and not a wetland area. TRUSTEE BREDEMEYER: All right, do we have any additional comments, questions? (Negative response). I'll make a motion to close this hearing at this time. And -- sorry, I'll make a motion to table this hearing at this time. And we are segmenting. We'll take the road construction out that is seaward of the flagged wetland. So I'll make a motion to table -- I'll make a motion to table that portion of the application which is seaward to the closest, to Dam Pond from the flagged wetland line of the Trustees, to be entered in a new application and to close the hearing on that portion of the project which is to the landward and includes the house construction as described in the public hearing notice. MR. KIMACK: The house and the tennis court. TRUSTEE BREDEMEYER: House and tennis court, with the alteration in the language that was noted, that would remove the notion of a 768 -square foot exterior covered area, and the first floor 240 -square foot exterior breezeway would otherwise now include just a 768 -square foot enclosed breezeway. I can restate that, if you want. Basically we are segmenting out for environmental Board of Trustees 58 December 17, 2014 purposes for a separate application the portion that we flagged as wetlands, and allowing the project to proceed on the upper portion. Motion is made. Is a there a second? TRUSTEE SANDERS: Second. MS. HULSE: If I could add, Mr. Kimack, could you supply language regarding the driveway that doesn't appear in this application language? Could you actually formulate something for the Board to consider? MR. KIMACK: My understanding is they want us to put in a new application for the driveway, so we would then delineate exactly the square footages in that application. MS. HULSE: I'm just saying I want to make it clear that Mr. Kimack is agreeing to file an application with language pertaining to your concerns about the driveway, because it's not reflected in this language. MR. KIMACK: No, I'll do that. But from a sequential point of view what we'll try to do before we do the application filing is see if there is anything to work out with Barhoff. Because there is no sense filing the application if that in fact can occur or happen. If that's a failure, then I'll file. MS. HULSE: If I'm understanding, you are going to approve the application before you tonight, you are not tabling anything but you are making it conditioned upon the application for the work to -- TRUSTEE KING: For the work to be done in that area. MS. HULSE: So you won't be able to, the condition that is going to include in the language of the permit that you'll receive is going to require you to submit the application for the rest of the work concerning the driveway. MR. KIMACK: Which is primarily the driveway seaward of the wetland line, basically, all the way through, yes. MS. HULSE: Do you agree that will be done within six months? We'll have to put a timeframe in the condition. MR. KIMACK: Yes. It will be quicker than that. We'll do the best we can to work with Mr. Barhoff and try to resolve that issue. Because that's prerequisite to what we do with the application or don't do with the application. TRUSTEE BREDEMEYER: Okay, we have a motion and a second. Any further discussion? TRUSTEE BERGEN: I'm going to vote no on that. The reason I'm voting no on that is because I'm thinking down the road, if we run into a situation -- and I don't know whether we will or not -- but if we run into a situation where the application comes in for a road through the wetland and it's denied, and goes to an Article 78, the Court saying wait a second, Trustees, you approved this for a phase one, you approved phase two, you approved everything knowing there is going to be a problem here. And so you've left the Court no choice but to grant a road through the wetlands. I would rather stop the project now, resolve this key issue, because without this road issue being resolved, as far as I'm concerned there is no need to proceed Board of Trustees 59 December 17, 2014 forward with the project. So that's my reasoning for voting no. TRUSTEE BREDEMEYER: That's a classic argument for not segmenting the project. I think that makes a lot of sense. We already granted a permit for Dome Luca. TRUSTEE BERGEN: I understand that. But that was before -- this just came to our attention last week in field inspections. Prior to we were not, at least I was not aware of any road going to this project other than the existing road. For the first time I was made aware last week in the field that there is another road being considered here for construction through the wetlands. So this is the time I feel to say stop, let's not proceed further, let's not give permits for anything else until the access to this property is resolved. Because I'm just concerned that you are going to lose -- well, I already expressed my concerns. TRUSTEE DOMINO: I'll vote no and I thank Trustee Bergen for phrasing my thoughts in an eloquent manner. I did not know about this. This should have been addressed beforehand. There were attempts, from my understanding, to reach out to the owner of the property to the west. So. TRUSTEE BREDEMEYER: I'll withdraw my motion. TRUSTEE DOMINO: (Continuing) so it should have been addressed then. And I should not have learned about that in the field that day. And again, Trustee Bergen said it far more eloquently than I could have. TRUSTEE BREDEMEYER: I'll withdraw my motion and just make a clear motion to table the application, and then I'm willing and I hope other Trustees are willing to meet with Mr. Kimack and Mr. Campbell to try to open the dialogue, particularly maybe Mr. Kimack can approach, try to get in touch with Mr. Barhoff and do whatever needs to be done, I think we'll try and work together. So that's a better idea. I think Trustee Bergen carried the day with his analysis we should not segment this. I move to table this application. TRUSTEE KING: Second. TRUSTEE BREDEMEYER: All in favor? (ALL AYES). RECEIVED TRUSTEE KING: Motion to adjourn. TRUSTEE DOMINO: Second. TRUSTEE BREDEMEYER: All in favor? (ALL AYES). JAN 2 8 2015 e-I=CSP"'` Q sou otd Town Uerk Respectfully submitted by, dd— vw� � -M John M. Bredemeyer III, President Board of Trustees