HomeMy WebLinkAboutTR-12/16/2015 '/�/�
John M.Bredemeyer III,President ,#01,0?v ®���est"
Town Hall Annex
Michael J.Domino,Vice-President X11 �® �® • 54375 Main Road
P.O.Box 1179 T
James F.King,Trustee Southold,New York 11971-0959
Dave Bergen,Trustee x aTelephone(631) 765-1892
Charles J.Sanders,Trustee ; C®UN11 9* .•." Fax(631) 765-6641
BOARD OF TOWN TRUSTEES R C IVSD
TOWN OF SOUTHOLD ' '
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Minutes
Wednesday, December 16, 2015
thold Town Clerk
5:30 PM
Present Were: John Bredemeyer, President
Michael Domino, Vice-President
Dave Bergen, Trustee
Elizabeth Cantrell, Senior Clerk Typist
Diane Di Salvo, Clerk Typist
Lori Hulse, Assistant Town Attorney
CALL MEETING TO ORDER
PLEDGE OF ALLEGIANCE
NEXT FIELD INSPECTION: Thursday, January 14, 2016 at 8:00 AM
NEXT TRUSTEE MEETING: Wednesday, January 20, 2016 at 5:30 PM
ORGANIZATIONAL MEETING: Tuesday, January 5, 2016 at 9:00AM
WORK/TRAINING SESSION: Tuesday, January 5, 2016 at 11:00AM
WORKSESSIONS: Tuesday, January 19, 2016 at 5:30 PM at Downs Farm,
and on Wednesday, January 20, 2016 at 5:00 PM
at the Main Meeting Hall
MINUTES: Approve Minutes of November 18, 2015
TRUSTEE BREDEMEYER: Good evening. Welcome to the last major
meeting of 2015 for the Board of Town Trustees, our monthly
meeting for December. It is a bit of an unusual meeting because
we are going to say a sad farewell to honored and respected
members Jim King and Dave Bergen. Dave is-with us tonight. Jim,
because of a fisheries hearing at the Department of
Environmental Conservation, where his life goes forward as a
fisherman out on our waters, is compelled to speak his mind
before the State Department of Environmental Conservation. So
he doesn't join us tonight. Also missing from the dais is
Charles Sanders, who serves in the Army Reserves, and he is at the
Guantanamo base in Cuba.
So we have both an unusual meeting tonight and also a joyful meeting.
We are welcoming two new Trustee elects to the Board next month,
Board of Trustees 2 December 16, 2015
Nick Krupski and Glenn Goldsmith. We also have a representative of the
Conservation Advisory Council, John -- sorry? Yes. And also our clerks, Elizabeth
Cantrell and also our clerk-in-training Diane Di Salvo, and Vice-President of
the Board Mike Domino.
At this time we also have a rather large agenda with respect to establishing
new meeting dates and times for the next year. So if you'll bear with us as we
go through setting up the agenda for next year.
Accordingly, I would move that we move to have our next
field inspection on Thursday, January 14th, 2016, at 8:00 AM.
TRUSTEE DOMINO: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: That we hold the next Trustee meeting
Wednesday, January 20th, 2016, at 5:30 PM. Motion. Second?
TRUSTEE DOMINO: I'll second that.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
That we hold an organizational meeting as well as back-to-back
training worksession on Tuesday, January 5th, 2016, with the
organizational meeting commencing at 9:00 AM, and the training
session commencing at 11:00 AM. Motion made. Is there a second?
TRUSTEE DOMINO: I'll second that.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: And for work sessions that are scheduled for
Tuesday, January 19th, at 5:30 PM at Downs Farms, and on
Wednesday, January 20th, 2016, at 5:00 PM at the main meeting
hall. Is there a second?
TRUSTEE DOMINO: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: I'll move to approve the Minutes of November
18th, 2015. Is there a second?
TRUSTEE BERGEN: I'll second that.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
I. MONTHLY REPORT:
The Trustees monthly report for November 2015. A check for
$8,518.70 was forwarded to the Supervisor's Office for the
General Fund.
II. PUBLIC NOTICES:
Public Notices are posted on the Town Clerk's Bulletin Board for review.
III. STATE ENVIRONMENTAL QUALITY REVIEWS:
RESOLVED that the Board of Trustees of the Town of Southold hereby finds that the
Board of Trustees 3 December 16, 2015
following applications more fully described in Section VI Public Hearings Section of the
Trustee agenda dated Wednesday, December 16, 2015, are classified as Type II
Actions pursuant to SEQRA Rules and Regulations, and are not subject to further review
under SEQRA:
Mark King SCTM# 1000-106-4-5
Peter Sakas SCTM# 1000-53-5-12.6
V.R. Weile Revocable Trust, do V. Regi Weile SCTM# 1000-21-2-11
Eileen T. McGuire Revocable Trust SCTM# 1000-86-2-1.4
Peter Nathanson SCTM# 1000-20-3-9.2
And those jobs accordingly are listed in your agenda under Item III.
That's my motion for Type II listings. Is there a second?
TRUSTEE DOMINO: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
IV. RESOLUTIONS -ADMINISTRATIVE PERMITS:
TRUSTEE BREDEMEYER: Under resolutions for administrative permits and also under
Applications for Extensions/Transfers/Administrative Amendments, these items have
been reviewed by the Trustees in the course of office review and also field inspections,
and where possible we will group some of these items together if they are approved,
they are simple and uncomplicated and approvable without additional modification of the
application. However, if you will, under the first item, Item IV, we'll need some discussion
on several of the items.
Accordingly, the first item, under Item IV, BARBARA REHREN requests an
Administrative Permit for the clearing performed within a 50'wide Non-Disturbance
buffer area; and to further clear invasive poison ivy and vegetation within the buffer and
re-vegetate area with native plantings. Located: 155 Breakwater Road, Mattituck.
SCTM# 1000-113-3-4.
This particular application relates to some activities that took place in an
non-disturbance area which appeared to have not been intentional, but through a history
of property use and starting with a former owner, there were some degradation to a
non-disturbance buffer area that is largely populated with invasive species and not high
value species. Although this is not an opportunity for a public hearing, if Barbara Rehren
is here we should probably start a dialogue with respect to some questions that were
developed on the field inspection. Is Ms. Rehren here?
MS. REHREN: Yes.
TRUSTEE BREDEMEYER: Okay. We understand that the former owners,
in transferring ownership to the property, never gave you a survey that included
the description and survey boundary of a non-disturbance area.
Am I understanding correctly on that, pretty much?
MS. REHREN: Yes.
TRUSTEE BERGEN: Maybe if she stepped up to the microphone.
TRUSTEE BREDEMEYER: Yes. This is sort of an informal thing. We
are not doing a hearing, but we wanted to work with you. If you
speak into the microphone so that way it will be easier to record it.
So we took a look at it, and your husband was very kind and
took us around to view the property. Based on the inspection
there we actually found two aspects that were new to us. We were
not aware that there was a section of lawn area that had been
Board of Trustees 4 December 16, 2015
expanded into the non-disturbance zone by the prior owner, and
then there was that area where trees had come down that you had
tried to remove the trees and then ended up with I guess the
constable stopping by and giving you a violation.
So the Board felt that this is an area that can be
restored, but that additional activities in the non-disturbance
zone are presently not authorized in the Town Wetlands Code. In
other words removal of the poison ivy, additional shrubbery or
even the invasive phragmites. We don't currently have tools in
place to go into non-disturbance areas, even though I think
it's, most of the Board realizes that things have changed since
the last code amendments. We have a lot of areas in the Town
where undesirable vegetation is invading beneficial fish and
wildlife areas.
So the general sense of the Board during the course of the
inspection was that we would want to see a restoration of the
entirety of only the lawn disturbed area. In other words where
you have lawn that has encroached on the non-disturbance area.
And for the sake of safety that the, there were like three black
locust stumps that you had there, could be removed, and that
would be advisable to have a revised planting plan come from
your landscape person that you had retained that would include a
restoration of the lawn area and including the removal of those
stumps. And we would want to work closely with you doing that.
And since you never had the benefit of a survey that showed
the restrictions on the non-disturbance zone, the Board felt, in
some cases where this has happened in the past and there was no
filed restrictive covenants, because this predates the current
policy where these are filed with the county, there might be the
possibility that a low style split-rail fence or a small
landscaping tie or some kind of delimiter that could be placed
at the edge of the non-disturbance zone. I don't know if that's
a possibility. But in any instance we wanted to work with you
and your landscape professional, that we would hope some of the
firewood that is stacked in there and possibly your boat storage
might be a little over the line, but we were hoping that
possibly we would have an opportunity either at a subsequent
worksession or in the course of field inspection, to work with
you. So we hope to come up with a plan to properly restore that
area.
MS. REHREN: I actually do have a plan which I have here present
with me, and it is a formal landscaped format that was organized
by Ms. Trimble.
TRUSTEE BREDEMEYER: I think that would be something that would
be very good to review with you. Since we can't take new
materials or modified materials at the meeting because we want
to provide an opportunity for the public that might review
materials and also have the Board study them, I would think it
would be very good for the Board to be able to review the
materials and possibly meet with you at our next worksession, if
Board of Trustees 5 December 16, 2015
possible, or your landscape professional. And if you don't mind
we can table the matter and have a discussion as to how we might go
forward. Is that acceptable to you?
MS. REHREN: That sounds just fine with me. We would be very
happy to do that. Thank you, very much, Mr. Bredemeyer. Merry
Christmas to all.
TRUSTEE BREDEMEYER: And to you. Accordingly, I'll make a motion
to table this application subject to review of a new proposal
for restoration of the non-disturbance zone.
TRUSTEE DOMINO: I'll second that.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: The next application, DOMINIC NICOLAZZI
requests an Administrative Permit to make a berm cut in order to
access the public road, and install an approximately 8 foot wide
circular pervious driveway. Located: 105 Waterview Drive, Southold.
SCTM# 1000-78-7-9.
We met onsite and reviewed the plans during the course of
field inspection. This project is providing a minimalist
driveway employing pervious materials that are actually going
only in essentially two tire widths in an area that is not a
wetland area. So it is actually very environmentally suitable.
The applicant also doesn't use any fertilizer or any
chemicals to the area of the lawn. So I move to approve this
application as submitted.
TRUSTEE BERGEN: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: Item number three under Resolutions for
Administrative Permits, BRIAN PARKER requests an Administrative
Permit to install four(4) 12'x14'floating platform upwellers
(FLUPSYS) against the existing bulkhead for raising juvenile
shellfish. Located: 305 Williamsburg Drive, Southold.
SCTM# 1000-78-5-15
Based on the advice of Town counsel, the Trustees are
requesting that we postpone this application subject to a
training session that the Board of Town Trustees will be haying
later in January or early February concerning rights the
individual may have with respect to the Home Occupation Law for
home shellfish occupation, since the applicant owns some
underwater land over which this shellfish operation is proposed.
There are all also Trustee issues involved with this
application, and it was felt that since the Board is in
transition with new Board members coming on, it would be an
opportunity both for education and also to discuss areas such as
protecting existing navigation and degree of coverage over Town
lands as parts of the discussion.
Accordingly, I move to table this application subject to
additional review.
Board of Trustees 6 December 16, 2015
TRUSTEE DOMINO: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
IV. APPLICATIONS FOR EXTENSIONS/TRANSFERS/ADMINISTRATIVE
AMENDMENTS:
TRUSTEE BREDEMEYER: The next three applications the Board
reviewed are straightforward requests for transfers and simple
administrative amendments to a permit. The transfers resulted in
field inspections to confirm that the existing structures
conform with the permit requirements at the time of original
construction, and therefore are approvable for transfer to new
owners of the property. Accordingly I would move to approve
under Item V of the agenda items one, two and three as a group.
They are listed as follows:
Number one, Patricia C. Moore, Esq. on behalf of JOSEPH SCHUPLER
requests a Transfer of Wetland Permit#1565 from Lura Krueger to
Joseph Schupler, as issued on September 8, 1982. Located: 3475
Wells Road, Peconic. SCTM# 1000-86-2-9
Number two, AMY & RICHARD BRAUNSTEIN request a Transfer of Wetland Permit
#5162 from James & Linda Pape to Amy & Richard Braunstein, as issued on February
28, 2000, and Amended on December 17, 2014; and for an Administrative Amendment
to Wetland Permit#5162 for the as-built reconstruction of a 4'x15'fixed ramp on the
landward side of the existing 4'x71' fixed dock; and to modify the floating dock from an
"L"to a "T" configuration. Located: 1885 Home Pike, Mattituck. SCTM# 1000-114-1-7.2
And number three, MARY HOVEY requests an Administrative Amendment to
Administrative Permit#8596A for the removal of the existing gazebo and 8'x13' platform
that is attached to the shed which will not to be replaced; and to relocate an existing
second shed to outside Trustee jurisdiction. Located: 4500 Ole Jule Lane, Mattituck.
SCTM# 1000-122-4-32.
Is there a second?
TRUSTEE DOMINO: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE BERGEN: Jay, we should go through the postponements.
TRUSTEE BREDEMEYER: Thank you. Trustee Bergen informed me, I
neglected to inform you, there are certain items that are
postponed. So for those of you who are here to speak to items
or hear any information, I would be remiss if I didn't let you
know what they are and have you here through the whole meeting.
Postponements appear on page three of the agenda, item number
one; also on page six, item eleven and item 12. They are listed
as follows:
Michael Kimack on behalf of SOUTHOLD SUNSETS, LLC requests a
Wetland Permit and a Coastal Erosion Permit to demolish existing
one-story dwelling, decks, enclosed porch, concrete walk,
foundation and shed; construct a raised 1,600sq.ft. two-story
dwelling on a piling system with the first floor elevation at
16ft., and a 1,104sq.ft. open deck covered porch along two sides
Board of Trustees 7 December 16, 2015
with ±18'wide stairs to grade for a total first floor footprint
of 2,704sq.ft.; a ±6'x5' side entry platform with 5' wide steps
to grade; a 158.6sq.ft. second floor open deck; abandon existing ,
sanitary system and,install new sanitary system; install a storm
management system; install'a buried 500 gallon propane tank; and
install buried electric service. Located: 4200 Kenny's Road, Southold.
• SCTM# 1000-54-4-3.
Patricia C. Moore, Esq., on behalf of KONSTANTINOS ZOITAS
requests a Wetland Permit to construct a 4'x52' set of bluff
stairs to beach with 6 landings consisting of a 4'x4'top
landing, one 4'x4' upper mid landing, one 4'x6' upper mid
landing, two 4'x4' lower mid landings, and one 4'x8' bottom
landing with 4'wide steps to grade. Located: 980 The Strand,
East Marion. SCTM# 1000-30-2-78.
Patricia C. Moore, Esq., on behalf of DAVE BOFILL requests a
Wetland Permit for the existing 9.1'x11.4' shed with wood ramp;
existing ±4'x23' wood steps on south side of property and 4'x10'
wood steps on north side of property, both seaward of top of
bank; existing 4'x4' landing with 4'x24' steps to 4'x10'wood
walk to irregularly shaped 12'x42'wood deck to a step, and
10'x15' wood deck with 8.7'x11.8' shed on deck; existing 13'
long wood tie wall; along seaward side of toe of bank the
remains of 22' of wood bulkhead; and existing 48' of functional
wood bulkhead. Located: 5785 Vanston Road, Cutchogue.
SCTM# 1000-118-1-1.4
And those are items which have either been.a requested
postponement by the applicant or the Board at a prior meeting or
during the course of field inspection it's found we need
additional information to complete the file before we have a
public hearing or determination. Thank you, Dave..
TRUSTEE BERGEN: Yup.
TRUSTEE BREDEMEYER: At this time I'll make a resolution to go
off the meeting agenda into our public hearing agenda.
TRUSTEE BERGEN: Second. '
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES). -
VI. PUBLIC HEARINGS:
AMENDMENTS:
TRUSTEE DOMINO: Number one, MARK KING requests an Amendment to Wetland
Permit#8585 for a full demolition of existing dwelling and foundation, and construction of
new as per originally approved; and to install a new sanitary system. Located: 200 East
Mill Road, Mattituck. SCTM# 1000-106-4-5
The LWRP coordinator found this to be consistent. The Conservation Advisory
Council on December 10th resolved to support the application without any conditions.
The Trustees did a field inspection on December 9th and noted that the proposal
was okay with the new sanitary system.
Is there anyone here to speak to this application?
(Negative response).
Any questions or comments-from the Board?
Board of Trustees 8 December 16, 2015
TRUSTEE BREDEMEYER: The addition of a new sanitary system on a
site that is already close to the water will mean there will be
an upgrade and a potential reduction in contamination of surface
waters, because historic systems on Mattituck Creek did
potentially impact water quality. So that this current standard
system that will be subject to county health approval will go a
great ways into reducing potential chloroform pollution. We do
understand the County Health Department is contemplating new
standards for nitrogen in the county and so in the future not
only will there be benefits to reduction of bacterial, potential
bacterial problems, it will also have a situation where we might
reduce the amount of nitrogen in our creeks. This is a positive
step for a pre-existing building.
TRUSTEE DOMINO: Any other questions or comments?
(Negative response).
Hearing none, I'll make a motion to close this hearing.
TRUSTEE BERGEN: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE DOMINO: I'll make a motion to approve this application
as submitted.
. TRUSTEE BREDEMEYER: Second. All in favor?
(ALL AYES).
WETLAND PERMITS:
TRUSTEE BREDEMEYER: The next hearing, number one, WILLOW POINT
ASSOCIATION, INC., requests a Wetland Permit for a Ten (10)Year Maintenance
Permit to maintenance dredge and widen the channel entrance to a depth of 5 feet
below mean low low water; and place the resultant 500 cubic yards of dredge spoil on
the upland portion of the association property. Located: 765 Willow Point Road,
Southold. SCTM# 1000-56-5-28.
This project has been deemed consistent with the LWRP. Is there anyone here
who wishes to speak on behalf of this application?
MR. BLANCHARD: Yes. Colin Blanchard, Board of Directors, Willow Point Association.
TRUSTEE BREDEMEYER: Please go ahead.
MR. BLANCHARD: We wanted to change the spoil area for the
dredging. You guys came and looked at it. We put an application
into the DEC. This was covered. And we got an adjustment to the
permit. The permit was then given to you guys. And we are just
waiting for your finalization.
TRUSTEE BREDEMEYER: Okay, thank you. Yes, for point of clarity, to provide
some additional information for those not familiar. This is an application where
largely sand had occluded the entranceway to a community marina, and the original
plan called for putting the material on the current parking lot, and the Board of
Trustees during the course of field inspections felt that it might create issues
with parking and vehicles getting stuck on the lot, and we were able to establish
another location on the property that was not wetland, and suggested
that if the Department of Environmental Conservation would agree
with the Board, we felt it was an area that not only would be
suitable for the dredge spoil, it would have a secondary use
Board of Trustees 9 December 16, 2015
that would include the possibility of putting up some picnic
benches for the residents as well as kayak racks to increase
access for community members. And the DEC appears to have
accepted our initial thoughts in the matter. So it looks like a
very positive win/win project. And we are pleased when the
Department of Environmental Conservation agrees with things that
we say.
MR. BLANCHARD: Thank you.
TRUSTEE BERGEN: Is there anyone else who wishes to speak to this
application?
(No response).
TRUSTEE BERGEN: So in your resolution you'll include those two
additions?
TRUSTEE BREDEMEYER: Yes.
TRUSTEE BERGEN: Okay, great.
TRUSTEE BREDEMEYER: Is there anyone else who wishes to speak to
this application?
(Negative response).
The CAC had voted to support this application, and
accordingly since it has been deemed consistent under the LWRP,
we have enough information, we can close the hearing.
I'll make a motion to close the hearing in this matter.
TRUSTEE BERGEN: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: Whereas this application has been deemed
approved by the Department of Environmental Conservation;
whereas the Trustees had requested a modified plan that was
received and amended dated survey of 10/17/15 and with the DEC
permit dated 11/10/15 on the plans, I would move to approve the
application as so amended.
TRUSTEE DOMINO: Second.
TRUSTEE BERGEN: Discussion.
TRUSTEE BREDEMEYER: Discussion.
TRUSTEE BERGEN: If you could amend your resolution, because I
believe the picnic area is going to be within our jurisdiction.
So just to approve the addition of picnic tables and kayak racks
in that area.
TRUSTEE BREDEMEYER: Okay. If you will, I'll amend my resolution
--withdraw and amend to the extent to include picnic tables and
kayak racks accordingly. Is there a second to my amendment?
MR. BLANCHARD: We appreciate that. Thank you.
TRUSTEE BERGEN: I'll second that.
TRUSTEE BREDEMEYER: Thank you, Dave. All in favor?
(ALL AYES).
MR. BLANCHARD: Thank you for your time.
TRUSTEE BERGEN: Number two, Joel Daly General Contracting on
behalf of PETER SAKAS requests a Wetland Permit to repair the
foundation on the existing +/-12.6'x33.6' cottage with attached
+/-7.6'x19' porch by removing and replacing four(4) courses of
r
Board of Trustees 10 December 16, 2015
' 8"x16" blocks onto existing footing in an approximately 12'
area. Located: 65490 Route 25, Breezy Shores Cottage#16,
Greenport. SCTM# 1000-53-5-12.6
This was reviewed under the LWRP and found to be exempt.
And the CAC supported the application with adequate waste
water treatment plan.
The Board did go out and looked at this.
Is there anybody here to speak on behalf of this application?
MR. DALY: Joel Daly, general contractor, out of Southold.
TRUSTEE BERGEN: What we wanted to make sure with this, is our
understanding is you are just raising this structure up.
MR. DALY: We are not raising it at all. Just temporarily to
support it, remove the four blocks and reinstall the blocks.
TRUSTEE BERGEN: Okay. All right. Then what we would like to do
is make sure that the structure when done complies with Chapter
236, the storm water runoff code, which means gutters to leaders
to drywells on the house.
MR. DALY: Okay.
TRUSTEE BERGEN: Was there anybody else who wanted to speak for
or against this application?
(Negative response).
Any comments from the Board?
(Negative response).
If not, I'll make a motion to close this public hearing.
TRUSTEE BREDEMEYER: Second. All in favor?
(ALL AYES).
TRUSTEE BERGEN: I'll make a motion to approve the application,
as it was found exempt under the LWRP, with the condition that
gutters, leaders leading to drywells are included so it conforms
with Chapter 236.
TRUSTEE BREDEMEYER: Motion has been made. Is there a second?
TRUSTEE DOMINO: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE DOMINO: Number three, Stromski Architecture, P.C. on
behalf of JACOB &JILL KUBETZ request a Wetland Permit to
demolish existing dwelling and construct new one-story dwelling
with a 1,940 sq.ft. footprint that includes a 52 sq.ft. front
covered porch, a 170 sq.ft. rear covered screened-in porch, and
an access area to basement; for basement access area install two
landscape block retaining walls, one being 80 linear feet
ranging in height from 5.4' to 1.4' and the second being 43.1'
linear feet ranging in height from 5.4' to 1'; install a 328
sq.ft. paved patio adjacent to screened-in porch; install a
2.10'x38.7' paved walkway from the rear patio to existing
20.3'x30.4' detached garage; existing detached garage framing to •
be repaired as needed; install a 2,029 sq.ft. gravel driveway;
for the existing 3.3'x47.3' brick walkway to dock; reconstruct
existing dilapidated dock by repairing existing 4.1'x11'fixed
dock supported by(4) 8" diameter piles underneath the framed .
Board of Trustees 11 December 16, 2015
platform and surrounded by(6) 6" diameter piles that extend
higher than the platform by some 36%48"; construct a 4.1'x10'
seaward extension to fixed dock supported by(4) 8" diameter
piles underneath the framed platform and surrounded by(6) 6"
diameter piles that extend higher than the platform by some
36"-48"; and install an 8'x10'floating platform anchored by 6"
diameter piles. Located: 1600 North Oakwood Drive, Laurel.
SCTM# 1000-127-6-10
The LWRP coordinator found this to be consistent and
exempt. The CAC resolved not to support the application, and to
restore the existing dock and platform to its original size and
location.
The CAC does not support the application because the
application lacks a site plan depicting the proposed structures
and improvements.
TRUSTEE BERGEN: Do you have another set of plans, Mike?
TRUSTEE DOMINO: (Handing). Is there anyone here to speak to this
application.
MR. STROMSKI: Robert Stromski, Architect, for the client. I'm
kind of baffled as to the comment that there was no site plan
submitted. We submitted site plans and then actually revised
site plans, due comments from the Building Department, to avoid a
' variance situation. We had also,just to bring light to the
application, we have submitted the project to the New York State
Department of Environmental Conservation. I was able to.obtain a
copy of a letter that they had dated December 15th. If the
Board would like, I could just read it. Basically it kind of
gives their determination of the project, being mostly out of
their jurisdiction, and they had made some comments to the
actual catwalk. We also have a copy to submit.
Basically the DEC has determined the portion of the parcel
that is landward of the ten-foot elevation contour as shown on
the survey prepared by Nathan Corwin, last revised June 23rd,
2015, is beyond Article 25 jurisdiction. Therefore, in
accordance with the current tidal wetlands use regulation, no
permit is required under the Tidal Wetlands Act for the majority
of the proposed work to the dwelling. A portion of the proposed
grading and retaining walls are located seaward of the contour
line within tidal wetlands jurisdiction, but are not objectionable.
Regarding the reconstruction of the dock and float, the DEC
objects to the new float as proposed. Staff has determined that there
is not enough water at low tide to support a float. A float in this area
would disturb the tidal wetland vegetation. However, DEC will consider
a fixed platform allowing for kayak and canoe access, but not intended for
motorized boat mooring. The catwalk portion of the dock should
either be four feet above grade or made of open-grate material
to allow light to penetrate, since there is a vegetated wetland
area. The fixed over-portion of the dock may be 8x10 or may be
larger t-shaped platform if desired 4x20 or 6x12.
If your client agrees to these modifications of the proposed project
please submit the revised plans to my attention.
Board of Trustees 12 December 16, 2015
I have expressed this letter to the applicant and the
owners. They have no problem with DEC's comments and
recommendations at this point.
I would ask that the Board consider these recommendations
and make a determination if they would go along with the DEC's
recommendation to the modifications of the restoration of the
dock and the elimination of the float, but submitting a fixed
platform in its place.
TRUSTEE DOMINO: On, December 9th, the Trustees did the field
inspection, and in our notes we noted that we might want to
amend the dock plan to get to deeper water, or as an
alternative, a fixed dock with steps for a kayak.
TRUSTEE BREDEMEYER: We were thinking --there was some parallel
thinking there with our Board independently looked at that
option for more access in this location.
MR. STROMSKI: Just so that the Board understands, our initial
intent with the proposed design was basically to, we went back
to the previous owners and they explained what was there prior
to the storm damage, and we were trying to propose what was
revised. We do feel the DEC comments and your comments are in
line and my client has no reservations against those
recommendations. So we are in the midst of preparing modified
drawings to show those changes.
I also have Jake Kubetz here, if there are any questions to
the applicant.
TRUSTEE BERGEN: What type of vessel are you looking to use? Is
this just going to be kayaks, canoes, et cetera?
MR. KUBETZ: I'm Jake Kubetz, the applicant. Kayaks, paddle
boards,just things like that. Canoes.
TRUSTEE BERGEN: Because I know we have in the past, again, used
fixed docks with stairs for kayaks, canoes and sometimes even,
it's up to the applicant, even a shoot to slide a kayak down.
So it's something to think about if you are going to redesign
this dock as per the DEC recommendations and as you have already
heard the Trustees also had the same thoughts out there. It's
just something to consider. It's not something you have to do.
It's something to consider. Depends if the applicant likes it or not.
MR. KUBETZ: The fixed platform is something we agree with and
the DEC recommended it.
TRUSTEE BERGEN: It's just easier for the user if you have a
slide to slide the kayak down. That's all.
MS. HULSE: I think the Board acknowledges receipt of your plans
as well. The issue is, I think the DEC didn't have the .
opportunity to review the plans, but this Board does acknowledge
receipt of that.
MR. KUBETZ: Thank you.
TRUSTEE DOMINO: Anyone else wish to speak to this application?
(Negative response).
Any comments from the Board?
TRUSTEE BERGEN: In the original description, was the barn
included in the original description?
Board of Trustees 13 December 16, 2015
MR. STROMSKI: I believe there was some questions. The
description has been revised. The barn structure, again, we are
not looking to do any work to it other than basically re-roof it
and patch siding. At this point there is no intention for
anything beyond that sort of repair to happen to that structure.
TRUSTEE BERGEN: In the description it has "existing detached
garage." Is that what the barn is?
MR. STROMSKI: You can explain as far as the use. The problem is
I believe the site plan may have called it a barn whereas I was
writing the description I just called it a detached garage.
There is no premise as to trying to do that. But I would like
Jake to clarify.
TRUSTEE BERGEN: The reason I bring it up, I just want to make it
clean for the record. In the description it's described as a
detached garage. On the plan described as an existing barn. I
want to make sure on the record we talking about the very same
structure.
MR. KUBETZ: It's the same structure. I think the survey
described it one way. It's actually a barn. You couldn't fit a
car in there.
TRUSTEE BERGEN: I'm just trying to protect your client here.
MR. STROMSKI: I appreciate that.
MS. HULSE: So could you clarify,just to amend the description,
I think you should amend that to describe it as a barn as well.
TRUSTEE BERGEN: Correct. That's what I want like to do.
MS. HULSE: Why don't we do that now.
TRUSTEE BERGEN: You understand why we are doing this.
MR. KUBETZ: I do.
MS. HULSE: Amend the garage to be a barn. Amending those two
things. And motion with receipt of new plans.
TRUSTEE DOMINO: I'll make a motion to close this hearing.
TRUSTEE BREDEMEYER: Second. All in favor?
(ALL AYES).
TRUSTEE DOMINO: I make a motion to approve this application with
the following amendments. That the existing detached garage is
further described as an existing barn, and modifications to the
dock suggested by the Department of Environmental Conservation
be incorporated into the new plans to be submitted to the Board.
TRUSTEE BREDEMEYER: Motion made. Is there a second?
TRUSTEE BERGEN: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: The next application, number four, V.R.
WEILE REVOCABLE TRUST, do V. REGI WEILE requests a Wetland
Permit for the existing 3'wide bluff stairs with associated
12.5'x4'top landing, an 11.7'x3' upper landing, a 18.2'x3'
middle landing, a 4'x3' lower landing, and 8.2'x12' deck with 3'
wide steps to beach at bottom of bluff stairs; and for the
existing 9.4'x14.4' shed on beach. Located: 905 Aquaview
Avenue, East Marion. SCTM# 1000-21-2-11
Board of Trustees 14 December 16, 2015
This project has been deemed to be inconsistent under the
LWRP for the following reasons: The cottage is located seaward
of the Coastal Erosion Hazard Area. The unpermitted shed is not
permitted within Coastal Erosion Hazard Area. The shed does not
require a location on the coast, is not water dependent or a
public facilities; recommended the cottage be relocated off the
beach and out of Coastal Erosion Hazard Area. The shed is
located with FEMA Flood Zone VE, which is a velocity hazard
area. It is recommended the shed be relocated outside the VE
zone. The structures were constructed without proper permits.
The CAC supports the application with the condition there
is no toilet facility or plumbing on the shed at the beach. And
the Trustees in performing their field inspection noted there
was an abandoned pump house that was midway up the bluff, which
we might include in the description simply because it predates
permitting and was used before the house was serviced with a
public water supply.
Is there anyone here wishes to speak on behalf of this
application?
MS. WEILE: Hi. My name is Regi Weile, and I'm the applicant. And
I'm applying for a Wetland Permit for an existing situation. We
are not making any changes and we appreciate your approval.
TRUSTEE BREDEMEYER: Okay, thank you. It is my understanding that
existing structures that predate the Coastal Erosion Hazard Act,
which would be the pump house and that shed, may be maintained.
But they can't be replaced and they may not be able to be
permitted in. As opposed to stairs which conform to the general
requirements of both the Town Wetland ordinance and the Coastal
Erosion Hazard Area ordinance.
Do you understand what I'm saying? In other words, because
some structures were built before the local adoption of the
Coastal Erosion Act, they have standing for minor repairs but
there can't be major renovations and there can't be expansions
and they can't be replaced for the reasons that were outlined in
the inconsistency document.
The LWRP reviews all our applications for consistency with
coastal policy, and in this case it also included a legal review
of the Coastal Erosion Hazard Area ordinance. So I think what
I'm hearing from the Local Waterfront Revitalization Program
coordinator is that we cannot permit in the pump house or the
shed, if you will, beach house, whatever you want to call it,
because it's in nonconformity with the Coastal Erosion Hazard
Act.
Just so you understand. The Board is compelled by law. We
can't approve that. Very simple repairs can be made to maintain
it, but major repairs, expansion or replacement, would not be
possible.
Is there anyone else who wishes to speak with respect to
this application?
(Negative response).
Hearing no further comments, I'll make a motion to close
Board of Trustees 15 December 16, 2015
the hearing in this matter.
MS. HULSE: The application was not applied for under Coastal
Erosion.
TRUSTEE BREDEMEYER: It was only Wetland. Thank you. All right. I
stand corrected. The application was strictly for the Wetland.
So the Coastal Erosion Hazard Area ordinance, since you didn't
apply for it,just so you understand, that we can't permit it
in, and it will not be able to be expanded or modified. Sorry.
I would make a motion to close the hearing in this matter.
TRUSTEE DOMINO: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: I would make a motion to approve the
application of the Weile Revocable Trust for the existing bluff
stairs with associated landings as described in the meeting
notice in the application, noting that the application as a
Wetland application is approvable under the standards for the
town for wetland permitting under Chapter 275, and that since
there is absent a Coastal Erosion Hazard Area application,just
be noted for the record that the project is not, at this time,
able to be approved for a Coastal Erosion Hazard Area permit.
By so doing, and conforming with the requirements of the
Town Wetlands ordinance Chapter 275, it is in compliance with
the coastal regulations and the Local Waterfront Revitalization
Program. So that's my motion. Is there a second?
TRUSTEE DOMINO: I'll second that.
TRUSTEE BERGEN: Discussion.
TRUSTEE BREDEMEYER: Discussion.
TRUSTEE BERGEN: First, this is just a Wetland permit, so I'm not
comfortable making any reference in the resolution to the
Coastal Erosion Hazard situation. That's a separate situation.
That is a separate code and I think that can be addressed during
a subsequent application, if there even is one. I think the
applicant understands fully what you talked about here. I just
would not want to have that language in the resolution.
Second, I just want to make sure that we are including in
the Wetland permit, I thought we were going to add the second structure.
TRUSTEE BREDEMEYER: I'm not sure we can add a second structure
' within the Coastal Erosion Hazard area.
TRUSTEE BERGEN: But this is under Wetland permits. It's not
applied for under Coastal Erosion. I guess I need help from
legal on this.
TRUSTEE BREDEMEYER: No, because again, the structure has a
foundation. Open-constructed structures within the Coastal
Erosion Hazard Act are generally approvable. So if we try to
permit in something that would not ordinarily be approved under
Coastal Erosion, I think we are establishing a property right in
a pre-existing non-conforming structure.
Question to counsel. Lori, is it advisable not to make any
reference to the Coastal Erosion Hazard Act?
Board of Trustees 16 December 16, 2015
MS. HULSE: I'll ask for a recess for executive session. We can either
recess now or just table this and come back at the end.
TRUSTEE BREDEMEYER: Okay. It has been requested that the Board
recess this matter for possible executive session discussion at
the end of the meeting. I would move to, at this time, to move
to table the application at this time to have an executive
session discussion with respect to this matter at the end of the
meeting. Is there a second?
TRUSTEE DOMINO: I'll second that.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE BERGEN: Number five, Samuels & Steelman Architects on
behalf of DENNIS DONLIN requests a Wetland Permit for the
existing 1,750 sq.ft. one-story dwelling with existing 612 sq.ft. attached
wood deck; construct a 10'x10'wood deck at the landward side of
existing dock; install a 4'x38'wood walkway from new deck to new
stone terrace; install a 10'x10' stone paving on concrete slab terrace
at the 10' contour with a 7'x14'x5'x2' wide retaining wall; install a ±4'wide,
754 sq.ft. stone paving on concrete slab walkway from terrace to dwelling
and driveway; re-grade land above the 7' contour in the area of
the new stone walkway and terrace; demolish and remove existing
wood stairs landward of dock; install 11.2' diameter(100sq.ft.)stone paving
on concrete slab terrace at the 12' contour seaward of dwelling; install
stepping stone walkway between stone terrace and existing deck attached
to dwelling; install a 9.2'x10.8' stone paving on concrete slab terrace against
the seaward side of dwelling; install drywells for rainwater containment;
re-grading of land in the area of proposed pool; construct new 18'x25'
swimming pool; install an 8' sq. hot tub; install an irregular shaped
(14', 24'x38.6', 635 sq.ft.) stone paving on concrete slab pool terrace;
install 70 linear feet of retaining walls south of the residence; install pool
enclosure fencing; removal of existing trees and plants and planting of
new landscape plants between the 4' and 12' contour; and install a line of
staked hay bales and/or silt fencing prior to and during'construction.
Located: 8417 Skunk Lane, Cutchogue. SCTM# 1000-104-3-12
This was reviewed under the LWRP and found to be consistent.
The CAC supported the application, however there is a
concern for a number of mature trees being removed. The CAC
recommended gutters, leaders drywells installed to contain all
runoff and adequate buffers in place to protect the wetlands.
This was actually a holdover from last month. The Board
opened this hearing last month. We tabled it to go back out in
the field to see some additional areas we were requesting to be
staked off a little better. So the Board did go out at our most
recent field inspections, did review what was staked, and so
that brings us to tonight.
Is there anybody here who wishes to speak for this application?
MR. SAMUELS: Yes. Tom Samuels, the agent for the applicant
Dennis Donlin, who is also here, as is my associate Ural Talgat
who prepared this. And basically I'm here to answer questions.
heard something about leaders and gutters, which I'm not sure
Board of Trustees 17 December 16, 2015
how they fit into this exactly, it's not a building. It's a
series of walkways that are going from the top of the property
down to the waterline, attempting to eliminate a surface
installed stairway and take the property in a more natural
fashion landscaping that bank.
TRUSTEE BERGEN: I'm not speaking for the CAC but I believe, and •
you can correct me, we have a representative from the CAC, if
I'm wrong. I think they were referring to the house, and that
included in this project they were recommending that the house
include gutters, leaders and drywells. Is that correct, sir?
MR. STEIN: That's correct.
TRUSTEE BERGEN: And probably the garage also. Thank you.
MR. SAMUELS: The house and garage are not part of the
application. I would make that point.
TRUSTEE BERGEN: Correct. At this point it's a recommendation.
That's all.
MR. SAMUELS: I understand.
TRUSTEE BERGEN: We did have a question regarding what I'll
describe, I know there are various stone terraces on here. I
know the most southern one, the square one, and what we are
concerned about, is there going to be any fill brought into this area.
MR. SAMUELS: We don't need any additional fill on the property.
There is a subtle cutting and filling going on. We'll be moving
some material down there to level it off, but that fill is
coming from further up the slope. And it's basically a cutting
and filling process, as I say, so no additional fill will be
required on this property.
TRUSTEE BERGEN: And we know that there was included here a hay
bale line and silt fence line. Given the fact that this has a
fairly precipitous slope down to the water edge, we would like
to have an inspection done, have a Trustee come out and do a hay
bale and silt fence inspection prior to any other work being done on site.
MR. SAMUELS: Of course.
TRUSTEE BERGEN: Those are the only questions we had. Is there
anybody else who would like to speak either for or against this
application?
(Negative response).
Seeing no comments, are there any comments from the Board?
(Negative response).
Seeing no comments from the Board, again just for consideration,
for the client to consider gutters, leaders and drywells on both
the existing residence and the garage.
MR. SAMUELS: Absolutely.
TRUSTEE BERGEN: With that I'll make a motion to close this
public hearing.
TRUSTEE DOMINO: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE BERGEN: I'll make a motion to approve the application of
Dennis Donlin with the only stipulation being that there be a
Board of Trustees 18 December 16, 2015
pre-construction inspection done of the hay bale and silt fence
line. And it was found to be consistent under the LWRP.
TRUSTEE DOMINO: I'll second that.
TRUSTEE BREDEMEYER: Motion has been made and second.
All in favor?
(ALL AYES).
MR. SAMUELS: Thank you, very much, Dave, for your service, and
nice holidays, everybody.
TRUSTEE BREDEMEYER: Just for the record, the plans that were
submitted on the dais were submitted last week, but this is an
enlargement for the Board to better discern, and they have been
in the file for review prior to the Board's field inspection and
the work session that we had.
TRUSTEE DOMINO: All right. Number six, Jeffrey Patanjo on behalf
of THOMAS MACARI requests a Wetland Permit to construct a 106
linear foot vinyl retaining wall with a 12' return; and install
a 10'wide non-turf buffer along the landward edge of the
retaining wall. Located: 1320 Little Peconic Bay Road,
Cutchogue. SCTM# 1000-111-14-19
The LWRP coordinator found this to be consistent.
The CAC resolved to support this application.
The Trustees did a field inspection, in fact they were
there more than once, but the most recent field inspection was
on December 9th, and the conditions noted that this was a
suitable location for a low sill bulkhead and should make every
effort to save the trees near the shoreline.
Is there anyone here to speak to this application?
MR. PATANJO: Jeff Patanjo, on behalf of the applicant. And at
the site visit we concluded that we were all in agreeance to put
in a low sill bulkhead at the mean low water line, and the revised
plans I submitted earlier this week had shown that on the proposed
typical section of the plan. So we would like to amend the
project description to include 100 linear foot long low sill
bulkhead to be placed at the mean low water line.
TRUSTEE DOMINO: Very good. Any questions or comments from the
Board?
TRUSTEE BREDEMEYER: I guess for those that are not familiar with
it, a low sill bulkhead enables the benefit of maintaining a
wetland fringe while also providing some depth for a vessel that
might be tied next to it. And it allows for a functional
wetland fringe. And in the instance that this inspection
brought about concerns of the Trustees that the initial
retaining wall would possibly lead to a sloughing off or loss of
marsh, and the applicant's cooperation to put in a low sill
bulkhead will actually lead to, we believe, based on our
experience with these structures, will lead to a stabilization
of the upland portion of the property as well as protect the
water body, Wunneweta Pond, as well as provide a functional
marsh fringe. So it actually provides more utility for the owner
and provides more benefits for the public waters which front the
Board of Trustees 19 December 16, 2015
property. So this is, I guess what we call technology.
TRUSTEE DOMINO: Anyone else wish to speak to this application?
(Negative response).
Hearing no further comments, I'll make a motion to close
this hearing.
TRUSTEE BREDEMEYER: Motion has been made. Is there a second?
TRUSTEE BERGEN: Second.
TRUSTEE BREDEMEYER: All in favor?
(All ayes).
TRUSTEE DOMINO: I'll make a motion to approve this application
with the addition to the resolution of a proposed 100 linear
foot vinyl low sill bulkhead to be placed at the mean low water
line as reflected in plans received on December 14th, 2015, and
December 16th, 2015.
TRUSTEE BREDEMEYER: Motion made. Is there a second?
MS. HULSE: As amended.
TRUSTEE BREDEMEYER: As amended. Motion has been made. Is there
a second?
TRUSTEE BERGEN: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: The next application, number seven,
En-Consultants on behalf of EILEEN T. McGUIRE REVOCABLE TRUST
requests a Wetland Permit to construct an elevated fixed timber
dock, using open-grate decking consisting of a 4'x100'fixed
timber catwalk that includes a 4'x12' fixed ramp at landward
end, and a 4'x12'fixed "T" section with a ladder attached to
seaward end of catwalk for an overall length of 104'; and to
clear and maintain a 4' wide access path from road to proposed
dock. Located: 1675 Wells Road, Peconic. SCTM# 1000-86-2-1.4
This application has been deemed to be inconsistent with
_the Town's LWRP, with a number of standards and were questions
that have been forwarded to us by the LWRP. And I'll address
those individually and some of the discussion the Board members
had with respect to those concerns that as we discussed them at
our worksession.
And the project has been, is supported by the CAC subject
to the recommendation that the docking facility does not impede
navigation and that the derelict dock is completely removed.
In addition there was a serious storm water problem noted
to the north of the north boundary of the property.
The Board of Town Trustees in performing field inspection
on December 9th, and had reviewed a proposed project plan which
was in keeping with a prior discussion, we had a pre-submission
inspection, and there was a notion that because of the depth
limitations that we might entertain possibly limiting the size
of vessel in this location, because of the shallowness of depth
and access, as point of discussion in the public hearing.
Is there anyone here who wishes to speak to this matter?
MR. HERRMANN: Good evening. Rob Herrmann of En-Consultants on
Board of Trustees 20 December 16, 2015
behalf of applicants who are also here in the second row this
evening.
You have met with John McLain who is here and myself during
the pre-application meeting that we had last month, actually.
And at that time we had the proposed structure staked out and
had submitted a conceptual plan with our letter requesting our
pre-ap conference. This is identical:to what we have submitted
to the Board as part of our wetland application to what we
presented to you at that pre-ap meeting. Nothing has changed
except I think at the Board's recommendation you had suggested
that we also include in the permit application the approximate
location of a four-foot wide pathway that would meander from
where we entered on Wells Road down to the proposed dock, and we
did include that both on the updated plan and in the project
description.
As Jay just alluded to, this is a typical situation that we
have come in contact with the Board before on Richmond
Creek where there is a depth limitation. We've got about a
foot-and-a-half at mean low or low water. Again, as a reminder,
this is going with the most recent guidance from the DEC with
respect to using mean low or low as a bench-line. So the depths
at typical low water are probably a little bit better than a
foot-and-a-half.
But again, that is why we did not propose a float. There is
a floating dock which we had observed during the pre-ap meeting
to the north. I don't know if it's a legal structure or not. But
we designed this consistently with other similar structures that
the Board has approved, not only in general with this sort of
water depth but specifically on Richmond Creek.
If you have any questions, we are certainly happy to answer
them. And if there is any questions about the likely vessel use
or whatever, I would certainly defer to the owners to answer
that directly.
TRUSTEE BREDEMEYER: I would like to address some of the issues
that were in the Local Waterfront Revitalization Program
document, and in general, and possibly to, this and similar
applications that are located on very sensitive creeks.
The first issue is to protect and restore tidal and freshwater wetlands,
and in approving the application, whether the dock would impair
navigation or be located in areas of high vessel traffic or vessel congestion.
Well, the creek is known to be one of limited traffic. And the extension of
the dock does not extend more than the current and pre-existing
longtime standard going out into the creek. So there is nowhere near the
one-third extension; in fact it's nested fairly close to and conforms with the
natural lay of the creek in that location.
MR. HERRMANN: Right.
TRUSTEE BREDEMEYER: So in that case it is consistent with the
current practice in the Town, and also consistent with the
requirements of the Army Corps of Engineers.
Whether the dock will unduly interfere with the public use
Board of Trustees _ 21 December 16, 2015
of waterways for swimming, boating, fishing, shellfishing, water
skiing or other water-dependent activities. While the
shallowness of this end of the creek is not appropriate for
water skiing, and would be in fact hazardous, the placement of a dock
doesn't inhibit in any way fishing. In some thoughts it might
actually increase it.
Shellfishing is permitted under a dock. It's Town waters and anyone
who wants to can shellfish under this new dock when it's constructed.
And in fact as a dock over a public waterway it will provide access to
the homeowners and to their friends and guests, so actually net helps
improve public access through responsible private ownership. And it
certainly won't reduce swimming any because it's a great place
to throw kids off. It's a great place to learn how to swim.
It's a shallow creek. That was the old fashioned way.
MS. HULSE: For the record, he's not recommending that.
TRUSTEE BREDEMEYER: Whether the dock will cause degradation of
water quality and natural resources.
In most case, both the Department of Environmental Conservation
and the Trustees consider docks as promoting suitable or environmental
access to waterways because you are not repeatedly beating down tender
and sensitive wetlands. And as far as degradation of waters, insofar
as we now have open-grating as a standard to let light in so
that it promotes the growth of beneficial aquatic vegetation,
and we limited the size of pilings, and we also have put
restrictions and request the cooperation of owners that they
don't extend the docks beyond what is necessary for the depth
encountered, and in this case the applicant has voluntarily
restricted the depth and to have smaller vessels. It also
addresses environmental concerns and coastal policy.
Now, whether the cumulative impacts of residential and
commercial dock will change the waterway or the environment or
whether alternate design or constructural location of the dock
will minimize cumulative impacts --
TRUSTEE BERGEN: You need to slow it down a little for the
reporter.
TRUSTEE BREDEMEYER: Yes. Whether the cumulative impacts
of this or at a commercial site would change the waterway or the
environment, and whether an alternate design of construction or
location of the dock would minimize cumulative impacts, I
believe the Board when they reviewed this on field inspection
and also during the course of our worksession, we do entertain
downsizing and reducing the extent into the waterway or the size and
scope of docks to accommodate thewaterway, and I believe that
was part of the discussion we had. But we did enter into
discussion the possibility of vessel limitation as far as size
of vessel. So it would be on the order of rowboats, you know,
kayaks, and that. We can take that up further in the discussion.
Any activity that would substantially degrade water quality of
Richmond Creek would adversely affect the biological
productivity of the area. All species of fish including food
chain affects as a result of bio-accumulation, oil spills,
Board of Trustees 22 December 16, 2015
sedimentation, excess turbidity, storm water runoff and waste
disposal, including boat waste, the vessel type and whether
there is a head located on the vessel is unknown.
This I think would go to a vessel discussion we can have
subsequently to see if we need to address those issues
concerning the LWRP that relate to the cumulative impacts from a
vessel.
And additionally, the comment is to preserve the public
interest in use of land and waters held in public trust by the
State and the Town of Southold.
These are public trust lands that this Board owns beneficially
for all of us in the town. So it's certainly a pertinent discussion.
The dock structure will extend further into public waters
resulting in a net decrease in public access to public
underwater lands in the nearshore area.
I believe this is more of an opinion of the LWRP coordinator
than a proven fact. Because an open constructed dock with decking
is still accessible to the public, and they cannot be denied access
underneath a dock, and anyone complaining about someone
' trying to bar them from clamming under a dock, they should be,
anyone witnessing this, they should call the constable. So at
least as far as the thinking of a number of the Board of
Trustees is that the docks provide suitable environmental access
to our waterways, they promote environmental stewardship through
protecting the waters while providing more access.
So that is a discussion for the LWRP coordinator.
Is there any discussion, we can discuss vessel limitations.
We don't want to see a boat with a head, certainly. And we want
to see some discussion concerning vessel limitation.
MR. MCLAIN: John McLain, I'm the husband of the applicant. Right
now the plan is to use kayak and canoes only. No motorized
vessels. The depth of the water at the end of the dock is I
guess a minimum depth is about 18 inches. Occasionally we see
motorboats out in the water but I don't really anticipate there
will be anything large enough to have any head or any kind of
sanitation facilities on it.
TRUSTEE BREDEMEYER: Thank you. Any additional comments or
questions?
MR. HERRMANN: My only question, Jay, was if you are in fact
relating that potential restriction to the size of the vessel
versus whether it's motorized or not. I don't know that we are
in so shallow a situation that we would want to put in a
restriction that would preclude them from ever legally using a
small, motorized craft. But it certainly seems like a size
limitation is probably what you are after, which is, I think is
more similar to what you have occasionally required in the past.
I was not clear what direction you are going in there.
TRUSTEE BREDEMEYER: The direction is of course the direction of
the whole Board of Trustees and not as chairman. You heard that
bit of a pause, I'm sorry, I must apologize. I was just quietly
questioning Dave Bergen with respect to prior activity of the
Board of Trustees 23 December 16, 2015
Board. Although I'm a longstanding member of the Board, I had a
little hiatus there and I'm concerned what policy was.
So I guess I would open it up to some questions or comments
from the Trustees, if there is no one else to speak to this
application at this time.
TRUSTEE BERGEN: I think our challenge has been over the last few
years, we had been working with different water depths from the
DEC. And I know I have been ten years on this Board. And when I
first got on the Board it was three foot. Someplace along the
way it changed to two-and-a-half feet. Now the DEC seems to be
entertaining applications for even less than two-and-a-half
feet. And our concern always is as you get into shallower and
shallower depths, a type of vessel that goes on there,
particularly a vessel with engine propellers, is the damage,
the environmental damage to the bottom is caused by propellers.
It seems as though there has been different things done with
floating docks, from an engineering or construction standards,
to address depth.
I know that is not what you are applying for here. You are applying
for a fixed dock, which is great. We certainly have had plenty of fixed
docks that we have approved over the last ten years in two-foot,
around two-foot depths.
So that's the long version of getting to the concern is the
environmental damage the propellers might cause. I certainly,
hear you, and I'm not sure that I want to place many limitations
with regards to a vessel that could be allowed at this dock.
But our concern is, again, with the prop wash.
I know there is a dock, I believe to the north of yours, I
have no idea if there was any conditions put on it by a former
Board with regard to a vessel. I know there is a dock to the
south of this. It's pretty far to the south. It was what was the
Henry Pierce property. And I can't remember the name of the new
residents now. But we did not place any limitations on the
vessel on that property.
So given that, I would like to hear from the owner what his
intent is. Because, please understand, if something goes into
this permit that limits the size and scope of a vessel, that is
like a restriction that you have, that goes with the dock, you
have for as long as you have that dock, and carries on if you
decide to sell the house to the next owner. So it's a very
important decision for you to make.
MR. HERRMANN: Again, I'm not sure I'm going to say something
different from what I just said to Jay, but, again, it's a
situation where obviously this site does not support bringing in
huge boats. Obviously the intent is not by the owner to bring in
a giant boat and prop dredge himself out a new navigational
channel into Richmond Creek. I also understand from the Board's
perspective no matter how wonderful these people are, they may
sell the property.
On the other hand, I don't want to encourage them to find
themselves agreeing to something where if they had a friend who
Board of Trustees 24 December 16, 2015
lived somewhere else on the creek and who wanted to pull up and
dock a small 12-foot motorboat, that a bay constable can come by
and issue a summons because a boat was docked there.
I think I'm losing you.
TRUSTEE BERGEN: I'm sorry, no, you got me. You got me. We're
listening to what you're saying.
MR. HERRMANN: So what I'm saying is, I don't want a situation
where they can find themselves where if they have a friend with small
motorboat who wanted to come and dock for the day or the weekend
that the bay constable can come and issue a violation. It's just
interesting because this is the second month in a row we have
been here for a similar type structure, and in the case of more
than a month ago where that was up in the north head of Town
Creek, we were talking about ten to 12 inches of water, in an
area that was not really a navigational throughway. There were
not any docks on the inside. There could not be any docks on the
inside. But there were plenty of docks on the outside.
So I'm a little bit concerned only because these are not
newfangled proposals to the Board. For as long as I have been
doing this, the Board has in shallow water depth environments
allowed these types of either fixed catwalk with a set of steps
to the bottom, you know, where it's real, real shallow, or where
it is still below the two-and-a-half feet of water that the DEC
requires to get a floating dock, has allowed something like
this, with just a little T-section on the end. And to my
recollection, it has not been the Board's practice to start
dabbling in the idea of regulating the behavior of the homeowner
to the extent of saying, well, you can only put a boat that is
this big. You can only put a boat, you know, with an engine or
not, or a boat without an engine.
MS. HULSE: Rob, if I can just jump in for a minute. They have
done that in the past and it's within their purview to do so if
they think it will create an environmental concern, if it's a
motorized vessel and they do have the right to restrict a
permit, and they have done so in the past.
With respect to any comparison from outside this particular
Location, I don't really think it's valid. The Board takes each
individual application on a case-by-case basis. So that's
really neither here nor there. But they certainly have done so
in the past.
MR. HERRMANN: Okay. Well, I was responding because Jay had
raised the issue whether it had been part of the practice. So
what we would just say is, obviously we would want to have
as little limitation as the Board is comfortable with based on
this site and the potential impacts.
TRUSTEE BREDEMEYER: As a point of clarification, I had recalled
it, but it had not happened in the near-term with respect to
limitations. And there are already limitations with respect to
length of vessel at town launching ramps also to take into
account. We don't want damage from prop wash.
MR. HERRMANN: And we understand that.
Board of Trustees 25 December 16, 2015
TRUSTEE BREDEMEYER: So just a notion, because shallow-drafted
vessels less than 20 feet can navigate such waters easily,
particularly with vessels -- does that sound like it's something
you can live with? It allows, without any restriction to motor
type, but typically shallow drive in a small outboard or such
can get you out and not chew up the bottom, and it would also
allow for some small dagger-board type of sailboats and such.
And typically vessels of that size have carry on, you know,
portable sewage containment. So we are not dealing with a
marine head. So we tend to eliminate the sanitary water quality
issue and we tend to protect the bottom of the bay by having a
vessel limitation of that size.
MR. MCLAIN: Would the vessel limitation then be --
TRUSTEE BREDEMEYER: It would be in your permit. It's a permitted
feature of the permit. So you can't have any vessels larger
than 20 feet at this dock.
MR. HERRMANN: I think that's not only consistent with the
current owner's intent, but it is also consistent with our
design. Just for a point of reference, as Dave was talking about
with the DEC, the reason there is no float and the reason that
the fixed platform at the end is only 12-feet long, those were
sort of policy criteria developed by the DEC for the specific
purpose of accomplishing exactly what you are trying to
accomplish, which is to limit the practical or practicable use
of the dock. You can't bring a 36-foot inboard boat to a 4x12
platform that's on 4x12 posts without ending up with a lot of
damage to the boat or to your dock. So I think what you are
suggesting is totally consistent with what we have proposed here
and it would be fine.
TRUSTEE BREDEMEYER: Okay, thank you. Is there anyone else who
wishes to speak to this application?
(Negative response).
Hearing none, I'll make a motion to close the hearing in
this matter.
TRUSTEE DOMINO: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: I would make a motion to approve this
application as submitted with the stipulation that a vessel
limitation of a vessel no longer than 20 feet be permitted at
this dock, thereby addressing concerns of the LWRP and bringing
it into consistency because it reduces the likelihood of a
vessel with a head, reduces the likelihood that the submerged
aquatic lands owned by Trustees on behalf of Town would not be
damaged, and as the dock meets the requirements of the Trustees
and the Army Corps of Engineers and does not exceed the
one-third rule across the creek, it is consistent with
navigation policy. That is my resolution.
TRUSTEE DOMINO: I'll second that.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
Board of Trustees 26 December 16, 2015
MR. HERRMANN: Thank you.
TRUSTEE BERGEN: Number eight, Michael Kimack on behalf of
RICK NAPPI requests a Wetland Permit for the demolition of existing
dwelling with foundation to remain; construct a two-story
(1,140sq.ft. first floor, 786.25sq.ft. second floor)dwelling
with a 110.5sq.ft. second story deck onto foundation; remove and
reconstruct concrete stoop on southeast corner of dwelling; add
two (2) cellar windows airways to south side of foundation; and
install gutters to leaders to drywells to contain runoff.
Located: 5210 Great Peconic Bay Boulevard, Laurel.
SCTM# 1000-128-2-22
This is an application that actually came to the Trustees
several months ago. Upon the review it was determined that this
would have to go back to ZBA. It had been to ZBA originally.
The Trustees reviewed it and sent it back to ZBA. It's been
back to ZBA and a meeting of November 19th, they made an amended
determination granting the relief asked for by the applicant.
So I just wanted to make sure that was entered into the
record. That brings us up to now.
This was reviewed under the LWRP and found to be exempt.
And the CAC resolved to support the application back in October,
2015.
So is there anybody here to speak on behalf of this application?
MR. KIMACK: Mike Kimack for the applicant, who is also present
this evening. I would like to formally hand in a letter from the
contractor who was onsite that basically found that the walls
were unacceptable for structural integrity for the second floor.
A little history on this. It was before you before. It was
intended to be a takedown of the roof structure, building a
second floor on top of then the existing exterior walls, taking
down the interior of the first floor, et cetera, and going up
from there. If I remember correctly, I think the limitation was
not more than 50% of the exterior wall that was supposed to be
taken down. When the contractor was onsite, they discovered that
the southwest and east walls were extensively termite and water
damaged and were structurally unsound to support the second
floor. I apologize for the small print of the letter I gave you.
But that's essentially the contractor's letter which was
submitted to the ZBA.
TRUSTEE BERGEN: And I have seen that referenced in the ZBA
determination, the information that is in this letter.
MR. KIMACK: And essentially, other than that, it's exactly the
same structure that was originally proposed to you, exactly same
location. Nothing has changed. With the exception that the
entire first floor was constructed anew. So it really fell back
to being a demolition as opposed to a partial takedown. And that
is why we are before you and asking that you approve this
application tonight.
TRUSTEE BERGEN: Thank you.
Is there anybody else who wanted to speak for or against
Board of Trustees 27 December 16, 2015
this application?
(Negative response).
Any other comments from the Board?
(Negative response).
If not, I'll make a motion to close this public hearing.
TRUSTEE DOMINO: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE BERGEN: I'll make a motion to approve the application as
described at 5210 Great Peconic Bay Boulevard, noting it was
found exempt under the LWRP.
TRUSTEE BREDEMEYER: Motionhas been made. Is there a second?
TRUSTEE DOMINO: I'll second that.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
MR. KIMACK: Thank you. On a'personal note, Lori, Dave,job well
done.
TRUSTEE BERGEN: Thank you, Michael.
MS. HULSE: Thank you, Michael. Appreciate it.
TRUSTEE DOMINO: Number nine, Patricia C. Moore, Esq., on behalf
of TOM & PAULETTE GIESE request a Wetland Permit to install a
16'x32' in-ground swimming pool; install a pool equipment area
and a drywell for the pool; install an 850 sq.ft. bluestone
patio around pool located a minimum of 4' away from property
line; install 4.5' high pool enclosure fencing around patio; for
the existing 50.3'x34.3' two-story dwelling with existing
14.2'x14.2' attached deck on side of dwelling; and install a
line of staked hay bales and/or silt fencing prior to and during
construction. Located: 2195 Nassau Point Road, Cutchogue.
SCTM# 1000-104-13-4
The LWRP coordinator found this to be consistent. The CAC
on November 10th resolved to support the application with the
condition that it include a ten-foot non-turf buffer and a
drywell to contain the pool backwash. And gutters and leaders
to drywells from the structures. I'm assuming that means the
house.
The Trustees made an inspection on November 10th and
noticed there might be some trees impacted, and returned on
December 9th to complete our field inspection. No conditions
were noted.
Is there anyone here to speak to this application?
MS. MOORE: Yes. Good evening, Patricia Moore on behalf of Mr.
Giese and Mrs. Garofalo.
I had an opportunity to speak with my clients. There are
some oak trees that were in the area close to where the pool
might go. They are hopeful that they won't have to take down
trees. It's kind of close. But if they do have to be cut down,
they will be replaced, and I said suitable location. I sent you
a letter on December 4th with that answer. Just because it
seemed to me a better, to talk to the landscaper on the best
Board of Trustees 28 . December 16, 2015
place for it for keeping it away from the salt and making sure
that the trees are salt tolerant. Native and salt tolerant. That
was all acceptable with my client.
TRUSTEE DOMINO: For the record, the Board received the letter
from Patricia Moore on December 4th, 5th, and the client
preferred to leave the trees, leave them alone if at all
possible. But if the construction required the removal, that he
would replace the trees in a suitable location.
Is there anyone else here to speak to this application?
(Negative response).
Any questions or comments from the Board?
(Negative response).
MS. MOORE: Just one clarification. The gutters, I don't think
we were putting gutters and leaders on the house. We were adding
a drywell for the pool. The only project here is the pool, so.
TRUSTEE DOMINO: Hearing no further comments, I'll make a motion
to close this hearing.
TRUSTEE BERGEN: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE DOMINO: I'll make a motion to approve this application
as submitted, noting that it is consistent with LWRP coordinator as is.
TRUSTEE BREDEMEYER: Motion is made. Is there a second?
TRUSTEE BERGEN: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: The next application, number ten, Patricia
C. Moore, Esq., on behalf of PETER NATHANSON requests a Wetland
Permit to install a 16'x32' in-ground swimming pool; install 3'
wide decking around pool; install 4.5' high pool enclosure
fencing; install a drywell for pool backwash; and install a line
of silt fencing and/or staked hay bales prior to construction.
Located: 37900 Route 25, Orient. SCTM# 1000-20-3-9.2
The application has been reviewed by the LWRP coordinator
and the comments received specifically relate, from him, relate
specifically to the drywell. The water supply to the residence
is a private well. Public water in this area is not available.
The pool bottom elevation would be located in groundwater found
at six feet at 1987. The coordinator suspects groundwater levels
are closer to the surface elevation than, closer to the surface
elevation presently. And the bottom of the pool drywell could
be located within groundwater as there are no specifications for
the cross-section of the drywell.
The CAC indicated they support the application on the
condition of drywells are installed to contain pool backwash.
There is in fact a drywell proposed on the set of plans, but it
appears absent the cross section and elevations.
Trustee Bredemeyer performed the inspection and took the
photographs. It is 80 feet to vegetated wetlands from the
proposed pool. The area is unfertilized lawn and the applicant
Board of Trustees 29 December 16, 2015
has indicated, the owner indicated they have no plans to further
improve the lawn that would put nitrates into the wetlands,
infringing wetlands of Hallocks Bay.
Is there anyone here who wishes to speak to this application?
MS. MOORE: Yes, Patricia Moore on behalf of the applicants. I do
know that he met with the Board, I believe at the field
inspection. I was not there. He did not report back that there
were any issues, so I'm hoping there are no issues, so.
TRUSTEE BREDEMEYER: I met,just for point of clarification, I
met with Mr. Nathanson during the course of the field inspection
because of the great distance to the wetland. It is noted that
the depth with the drywell depending on how it's constructed, we
would not want to have a drywell constructed into groundwater
probably for the larger impact possibly mosquito breeding,
particularly the nasty ones that cause West Nile. So that was an
important comment coming from the coordinator.
Any questions or concerns from anyone else?
MS. MOORE: I think that will be field conditions at the time the
drywells, it will be a shallow drywell, so.
TRUSTEE BREDEMEYER: Okay, anyone else wish to speak to the
application?
(Negative response).
All right, hearing no further comment, I'll make a motion
to close the hearing in this matter.
TRUSTEE DOMINO: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: I would make a motion to approve this
application with the stipulation that the drywell be constructed
so as to provide at least a foot to two feet above groundwater
level where it's located. That's my motion.
TRUSTEE DOMINO: I'll second that.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: What we'll do is we'll have some -
proclamations for the public on account of celebrating the great
service of members of the Board, and so what we'll do is if we
could, we'll just go right into proclamations now and then we'll
go into executive session at the end. ,
MS. MOORE: It will just be an adjournment.
TRUSTEE BREDEMEYER: Actually, we don't have chase you out of the
room. Lori informed us we can just go over it here. We'll just
take a brief recess to go into executive session on the
application of Regi Weile.
(After a Board adjournment into executive session, these
proceedings continue as follows).
TRUSTEE BREDEMEYER: At this time we'll go back on the record
for the Weile application, for which we tabled. We are still in
the public hearing. We suspended discussion on it to get legal
opinion. We tabled temporarily. At this time is there any
additional comment with respect to this application?
Board of Trustees 30 December 16, 2015
MS. WEILE: I would like to postpone this so that I can speak to
an attorney because there seems to be a problem somewhere. I was
applying for a Wetland Permit. I was told I didn't have to do
anything beyond that for the Coastal Erosion by your department.
So I don't know, I don't understand what you, what the process
is right now. So I think I need some explanation from you or.
TRUSTEE BREDEMEYER: You could always seek advice of counsel.
That would be the last thing, we would not say we don't want you
to do that if you thought that is the case so as to allay some of
your concerns and some of the discussion that started the public
hearing.
The application was made solely for a Wetland Permit, and
accordingly for the stairs, the Board can, under the current
standards I had mentioned previously, grant the permit. So we
could probably--
MS. HULSE: And the thing is, is that if she is requesting an
adjournment to confer with her attorney, we should go ahead and
table it.
TRUSTEE BREDEMEYER: So we don't continue additional discussion
without you getting legal advice and because there are issues
that are complex with respect to pre-existing structures on a
bluff, I guess it would be best if we do table the application
at your request to allow you to seek counsel, and also--and
we'll just move to table. Feel free to contact the office.
MS. WEILE: I want to add there has been some irregularities in
this process when I was applying for this permit as far as
attempt to cancel my hearing and my permit because somebody
decided that I needed different kinds of approvals from the
Building Department, like a variance. So this has been a very
confused process. It has not been linear. And that's why at
this point I want to stop and figure out what is happening. I'm
not following a lot of your arguments and so --
MS. HULSE: Ma'am, I think they'll make a motion to table this.
So you will have time.
MS. WEILE: Very good.
TRUSTEE BREDEMEYER: Based on the recommendation of counsel
I'll move to table this application to allow the applicant also
to seek advice of counsel. Feel free to contact our office if we
can be of assistance, or have your attorney contact us.
Motion to table.
TRUSTEE BERGEN: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
Before we take a motion to adjourn, I would like to take
this opportunity to recognize the exemplary public service of
Jim King, Dave Bergen and Lori Hulse. And with respect to these
Individuals' service with distinction to Southold, I would like to
say: That sometimes you get what you need. And in the case of
Southold it needed some upright and caring public officials. And
sometimes you get what you want. And in the case of Jim, Dave
Board of Trustees 31 December 16, 2015
and Lori, they wanted to help Southold Town. And the voters of
the Town and Town Board put them in place to do their work. And
sometimes you get what you don't want. And most of the Trustees
are fairly modest, and Jim King who is at a fisheries conference
particularly didn't want any recognition. But he's going to get
it anyway. And sometimes you get good or better than what you
deserve, and I think the residents of the Town certainly got a
really good deal in the service of Dave Bergen, Jim King and
Lori Hulse.
Here to lead our recognition this evening is Suffolk County
Leg. Al Krupski, and former Trustee and President of the Board
of Trustees.
TRUSTEE BERGEN: Back where you started, Al.
MR. KRUPSKI: Thank you. It is kind of funny, because when
started here 30 years ago, I was a young man and there was a
Trustee there that helped me along the way and taught me a lot
of different things. So I have to thank Trustee Bredemeyer for
that. He was here 30 years ago when I started. So it's all kind
of ironic. And you kind of look the same, too.
TRUSTEE BERGEN: You are supposed to say so does he.
TRUSTEE BREDEMEYER: Actually he's looking better. I'm telling
you.
MR. KRUPSKI: And sitting here tonight, listening to the meeting,
it's, the issues really never change. You are still talking
about water depth and docks and who is going to determine what
low tide is. So it's, I can see those topics going on for the
future. I won't read the proclamations, but Dave, I have one for
Jim, too, but I'll have to deliver that to him in person.
Because I did serve with Jim for many years. And, urn, I need to
go, and I owe him a visit. I have not seen him in a while.
But Dave, I never served with you. You started the year I
left the Trustees. And besides the hat, you have done a great
job. And I want to thank you for that. You have served the Town
very well. I know we've worked together the past few years with
the dredging projects within the Town, with the County
Department of Public Works and with the DEC. And that certainly
made a big difference and it was a great contribution. And I
know you worked well with the Board here and I just want to come
and thank you for that.
TRUSTEE BREDEMEYER: Thank you, Al.
MR. KRUPSKI: And Lori, thank you, for your service. I think you
were practicing tonight for your new job. But thank you for your
service. We did work together and I'm sure our paths will cross
in the future again.
TRUSTEE BREDEMEYER: For those of you remaining, we are going to
share a little holiday cheer at O'Malley's after this, if you
want to join us. And I'll take the opportunity now to read a
proclamation for Jim, which we'll be delivering to him. And then
Mike Domino has one for Dave. And Dave has one for Lori.
And this is for Jim King, for putting in the record of the
Trustees.
Board of Trustees 32 December 16, 2015
After 20 years of service as a Trustee of the Town of
Southold, James F. King will retire on December 31st, 2015.
And whereas Jim King is well-known throughout the region as
a serious lobster man who long ago recognized that our natural
resources come first.
And whereas Jim's leadership in this area awarded him with
the presidency of the Long Island Lobstermen's Association.
And whereas the people of the Town so appreciated Jim's
work ethic and environmental leadership that they elected him to
Town Trustee on January 1st, 1996.
And whereas earning respect of fellow Trustees Jim rose to
President of the Board where he applied the watchful eye of the
mariner in stewarding the Board into highly productive waters by
avoiding precipitous problems.
And whereas Jim has decided it's time to retire and head
out again on the water, now therefore be it be revolved the
Southold Town Trustees express their most sincere gratitude and
appreciation for Jim's 20 years of service to the Board of Town
Trustees and the Town of Southold.
And be it further resolved that this resolution be spread
upon the Minutes of the Southold Town Board of Trustees and as
such become a part of the permanent record of the Town of
Southold.
Applause greatly heard in the hall, let the record read.
TRUSTEE DOMINO: Proclamation:
Whereas Dave Bergen is well-known throughout the Peconic
bays as a serious sailor and boatman, who possesses a keen
knowledge and appreciation of the environment.
And whereas Dave's penchant for exacting detail and
administrative acumen was so well-known among friends,
associates and people of the Town that they elected him to the
position of Town Trustee on January 1st, 2006.
And whereas Dave Bergen immediately brought those skills to
bear upon the office of the Board of Trustees, where he .
administered programs promoting the health of the Peconic
estuary and better access to our Town's creeks.
And whereas the programs of vessel sanitation and
environmentally responsible dredging of our creek mouths that he
personally stewarded, will be his legacy, the benefits of which
shall be enjoyed for generations to come.
And whereas the Board of Trustees will sorely miss Dave's
tireless devotion to the Town and public trust lands, now therefore
be it resolved that the Southold Town Trustees express their most
sincere gratitude and appreciation for Dave's ten years of service
to the Board of Trustees and the Town of Southold.
And be it further revolved that this resolution be spread
upon the Minutes of the Southold Town Board of Trustees and as
such become a part of the permanent record of the Town of
Southold. Dated December 16th, 2015.
TRUSTEE BERGEN: Thank you. And I've got to say that it has been
an honor to serve the residents of this Town. It has been an
Board of Trustees 33 December 16, 2015
•
honor also to serve with the Trustees, including those not here
tonight, Peggy Dickerson, John Holzapfel, Bob Ghosio, Jill
Doherty. And certainly last but not least, Jim King. I think
when you look in Webster and you see the word "class," his
' picture should show up after that word. I know I have learned so
much from Jim King, and he's just a wonderful man. Then of
course also Mike and Jay for the last six years, I believe it's
been, of sharing this dais. It was kind of amusing for me when I -
got a call on Monday that the dredging had started at Downs
Creek, because for the last six months I have been assisting Mr.
McCall with the bureaucratic red tape of the Army Corps of National
Marine Fisheries, New York Fish and Wildlife and New York
Department of State to get that permit so that dredging could
take place. And I stood on the beach on Monday, and as
truthfully sad I am to be leaving this office, it really
meant a lot to see one more creek that was environmentally
degraded because it had closed up, now being open, and it will
be a healthy creek. So that meant a lot to me. It was a good
way to close out the ten years. So thank you, everybody,
really appreciate it.
Now, in the last-but-not-least category, we have a
proclamation, the Trustees do, on behalf of Lori Hulse. This
proclamation reads:
Whereas Lori Hulse has served Southold Town and its elected
Board of Trustees with distinction from June 27th, 2003, to
present.
And, whereas in her capacity as counsel to the Southold
Town Trustees, she is esteemed for her legal prowess, knowledge
of the Town codes and staunch defense of the Board of Trustees.
And whereas Lori has been unwavering in her prosecution of
Wetland violations in Town Justice Court, promoting respect for
the law and environmental justice.
And, whereas Lori Hulse's administrative abilities, public
service and community involvement have resulted in her election
as Town Justice in Riverhead Town, formerly a part of Southold
Town where she is always welcome to return.
And whereas Lori Hulse's absence from the meeting dais will
leave a vacuum that will be difficult to fill, now therefore be
if resolved that the Southold Town Trustees express their most
sincere gratitude and appreciation-for Lori's 12 years of
service to the Board of Trustees and Southold Town; and be it
further resolved this resolution be spread upon the Minutes of
the Southold Board of Town Trustees and as such become part of
the permanent record of the Town of Southold.
DatedDecember 16th, 2015.
MS. HULSE: Thank you.
TRUSTEE BREDEMEYER: And in recognition of the tireless work of
Liz Cantrell and Diane Di Salvo, and you can't believe how hard
they work, we want to offer them a good new year, and thank them
for all their help. Liz particularly, training Diane. Liz came
into this job literally a week to ten days before Tropical Storm
Board of Trustees 34 December 16, 2015
Sandy absolutely pummeled us, and we think it's a good thing now
that Diane got on board without any tropical storm. This was a
big fear we had. And we are really enjoying this weather, and
we seem to have gotten pretty much caught up with the post-Sandy
difficulties we had. And I do really appreciate their help.
Again, I couldn't mirror more Dave's comment. The Board
works well together, you find Dave correcting me all the time,
I'm missing stuff, and I need that help. So it's a pleasure.
So we've got a little holiday cheer to give all our gals,
Lori, Liz and Diane.
With that I'll make a motion to adjourn this meeting.
TRUSTEE DOMINO: Second.
TRUSTEE BREDEMEYER: All in favor?
(ALL AYES).
Respectfully submitted by,
John M. Bredemeyer III, President
Board of Trustees