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HomeMy WebLinkAboutTR-04/24/2002Albert J. Krupski, President ~ Town Hall James King, 'vice-President ~ 53095 Route 25 Artie Foster P,O. Box 1179 Ken Poliwoda Southold, N~w York 11971-0959 Peggy A. Dickerson Telephone (631) 765-1892 Fax (631) 765-t366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MINUTES Wednesday, April 24, 2002 7:00 PM PRESENT WERE: Albert J. Krupski, Jr., President James King, Vice-President Artie Foster, Trustee Kenneth Poliwoda, Trustee Peggy A. Dickerson, Trustee Lauren M. Standish, Senior Clerk CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT FIELD INSPECTION: Wednesday, May 15, 2002 at 8:00 AM TRUSTEE KING moved to Approve, TRUSTEE DICKERSON seconded. ALL AYES NEXT TRUSTEE MEETING: Wednesday, May 22, 2002 at 7:00 PM WORKSESSlON: 6:00 PM TRUSTEE KING moved to Approve, TRUSTEE FOSTER seconded. ALL AYES APPROVE MINUTES: Approve Minutes of January 23, 2002 and February 20, 2002. TRUSTEE DICKERSON moved to Approve, TRUSTEE POLIWODA seconded. ALL AYES I. MONTHLY REPORT: The Trustees monthly report for March 2002. A check for $6,385.38 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. AMEN DMENTS/VVAIVERS/CHANGES: 1. SUSAN BRAVER & JOSEPH GULMI request an Amendment to Permit #5266 for a 2' extension to the previously permitted house addition. Located: 250 Pine Tree Court, Cutchogue. SCTM#98-1-7.11 TRUSTEE KRUPSKI moved to Approve the application, TRUSTEE FOSTER seconded. ALL AYES 2. DANIEL C. MOONEY requests an Amendment to Permit #5107 to include the second-Story alterations to the house. Located: 575 Pine Place, East Marion. SCTM#37-4-16 TRUSTEE FOSTER moved to Approve the application, TRUSTEE POLIWODA seconded. ALL AYES 3. WILLIAM,. AYLWARD requests an Amene merit to Permit #5329 to move the house closer to the wetlands and garage relocated in the rear yard. Located: 14395 Main Bayview Rd., Southold. SCTM#89-1-3.1 TRUSTEE KING moved to Approve the application, TRUSTEE DICKERSON seconded. ALL AYES 4. ANTHONY & JOANNE KROPP request an Amendment to Permit #769 for a 4' wide catwalk. Original drawings reflected a 3' wide catwalk. Located: 360 Riley Ave., Mattituck. SCTM#143-5-8 TRUSTEE KING moved to Approve the application, TRUSTEE POLIWODA seconded. ALL AYES 5. DOUGLAS & CAROLANN RYAN request an Amendment to Permit #5220 to add a railing and benches to the previously aDproved dock. Located: 3210 Beebe Dr. Extension, Cutchogue. SCTM#103-9-2 TRUSTEE KRUPSKI moved to Table the application and make an inspection on May 15% 2002. TRUSTEE KING seconded. ALL AYES 6. CHERYL HANSEN requests an Amendment to Permit #4961 to build a 3' wide deck walkway around the existing bulkheaded boat basin. Located: 445 Elizabeth Lane, Southold. SCTM#78-5-3 TRUSTEE POLIWODA moved to Approve the application, TRUSTEE DICKERSON seconded. ALL AYES 7. PECONIC DESIGN & CONSTRUCTION, INC. requests an Amendment to Permit #5446 to remove dead and diseased trees from within 50' of the tidal wetlands and replant with bushes. Located: 57908 Main Rd., Southold. SCTM#66-2-2.2 TRUSTEE POLIWODA moved to Table the application and make an inspection on May 15, 2002. TRUSTEE FOSTER seconded. ALL AYES 8. PETRA & VINCENT BENIC request an Amendment to Permit #4378 to add 12' to the existing dock for a total length of 24'. Install piling pulley system 15' out from end of dock. Transfer Permit #4378 from Leslie & Rose Marie Windisch to Petra &Vincent Benic. Located: 1375 Pine Neck Rd. Southold. SCTM¢70-5-39 TRUSTEE KRUPSKI moved to Approve the application with a total length of 35', TRUSTEE KING seconded. ALL AYES (see Public Hearing #40) 9. J.M.O. Environmental Consulting on behalf of FRANCES E. NIELSEN requests an Amendment to Permit #5172 to construct a deck and screened porch addition to an existing single-family dwelling and a One-Year Extension to Permit ¢5172. Located: East End Rd, Fishers Island. SCTM¢5-1-8 TRUSTEE KING moved to Approve the application, TRUSTEE DICKERSON seconded. ALL AYES 10. En-Consultants, nc. on behalf of LISA EDSON requests an Amendment to Permit #5427 to reconfigure the drywells located beneath the driveway linearly rather than in a cluster. Located: 9326 Main Bayview Rd., Southold. SCTM#87- 5-25 TRUSTEE KING moved to Approve the application, TRUSTEE DICKERSON seconded. ALL AYES 11. Eh-Consultants, nc. on behalf of CHARLOTTE DICKERSON requests an Amendment to Permit ¢5409 to include bluff plantings and bluff crest re-grading and a Coastal Erosion Permit to relocate the existing dwelling landward of the Coastal Erosion Hazard Area boundary. Located: 4630 Blue Horizon Bluffs. Peconic. SCTM¢74-1-35.51 TRUSTEE POLIWODA moved to Approve the application, TRUSTEE DICKERSON seconded. ALL AYES 12. Suffolk Environmental Consulting, nc. on behalf of ROBERT E. & BARBARA C. HOLLEY requests a Transfer of Permit #5238 from Ellen A. Groppe to Robert E. & Barbara C. Holley to construct a single-family dwelling, driveway and septic system. Located: 1085 Bayshore Rd., Greenport. SCTM¢53-3-12 TRUSTEE KING moved to Approve the application, TRUSTEE DICKERSON seconded. ALL AYES TRUSTEE POLIWODA moved to go off the Regular Meeting on go onto the Public Hearings, TRUSTEE FOSTER seconded. ALL AYES IV, PUBLIC HEARINGS: THIS IS A PUBLIC HEARING IN THE MATTER OF THE FOLLOWING APPLICATIONS FOR PERMITS UNDER THE WETLANDS ORDINANCE OF THE TOWN OF SOUTHOLD. I HAVE AN AFFIDAVIT OF PUBLICATION FROM THE SUFFOLK TIMES. PERTINENT CORRESPONDENCE MAY BE READ PRIOR TO ASKING FOR COMMENTS FROM THE PUBLIC, PLEASE KEEP YOUR COMMENTS ORGANIZED AND BRIEF, FIVE (5) MINUTES OR LESS IF POSSIBLE 1. SALVATORE PALACINO requests a Wetland Permit to cor~struct a 4'X 65' catwalk with (121 4' dia. CCA pilings, two sets of steps to grade and two 6" dia. piles for a pulley system. Located: 790 Oak St., Cutchogue. SCTM#136-1-38 TRUSTEE KING: Does anybody wish to comment on this applicaton? TRUSTEE KRUPSKh I thinkwe're all satisfied. We visited the site last week. TRUSTEE KING: I'll make a motion to close the public hearing. TRUSTEE DICKERSON: Seconded. ALL AYES TRUSTEEKI NG: I'll make a motion to Approve the application. TRUSTEE POLIWODA: Seconded. ALL AYES 2. JOHN HENRY requests a Wetland Permit to construct a 9'X 36' ground-level deck, remOVewindow and install an overhead door, and construct stairs from the existing deck to the ground, on the south side of the house. Located: 2360 Village Lane, Orient. SCTM#26-1-15.1 TRUSTEE DICKERSON: Is there anyone here who would like to speak on behalf of this application? TRUSTEE~FOSTER: I would. I looked at this three months ago. The only request was a single row of hay bales 15' seaward of the construction. I believe what ~h:appened was that there was no:neighbor notification on it. TRUSTEE K~PSKI: It was also kind of unclear. It seemed like a substantial project and we only had one Trustee out there to look a! it. TRUSTEE FQSTER: There is no change in footprint. It s just a matter of tak ng out a door, there's a,n existing overhead door that they want to remove, and put wir~d~Ws in. There s an overhead deck and they want to put a se! of stairs down along side the house down, to get down to the bottom. I didn t see a real proble~ with it. There is no footprint change at ali with the building. TRUSTEE D[CKERSON: I II make a motion to close the hearing. TRUSTEE POLIWODA:ti~ Seconded. ALL AYES TRUSTEE BI~KERSON: II1' make a motion to approve the application. TRUSTEE FQSiTER: With the condition of a row of hay bales property line to propertyJJne ~l~5'"-out from the edge of the bu Iding. Seconded ALL AYES 3. JAMES &'CATHY SLECKMAN requests a Wetland Permit to renovate the existing dWelling and add a second-stow. Located: 150 Oak Ave., Southold. SCTM#?7-2-5 TRUSTEE POLIWODA: Would anyone like to speak on this application? JAMES SLECKMAN: I'm the owner. TRUSTEE POLIWODA: I just have one question. Will there be any excavation as in renoYating the first floor?. Will you be excavating seaward of the house? JAMES SLECKMAN: No. TRUSTEE POLIWODA: Ok, I don't have any other questions. I11 make a motion to, close the hearing. TRUSTEE DICKERSON: Seconded. ALL AYES 5 TRUSTEE POLIWODA: I'll make a motion to Approve the application. TRUSTEE DICKERSON: Seconded. ALL AYES 4. PAUL & CONSTANCE CONNOR request a Wetland Permit to construct an 8'X 12'X 10' shed, placed on gravel. Located: 830 Deep Hole Dr., Mattituck. SCTM#115-12-12 TRUSTEE FOSTER: Are there any comments on this application? Any Board comments? I have a letter here from Constance Connor. (letter on file) think she has to do what we told here to do. Place the shed back 10' in line with the two opposing houses, which is our policy. TRUSTEE KRUPSKI: We try to keep structures in line with the neighbor's houses, which prevents a leap-frog effect of each neighbor trying to get out closer to being a view, and of course, more disturbance to the creek. Any other comment? TRUSTEE POLIWODA: No, I agree. TRUSTEE FOSTER: I'll make a motion to close the hearing. TRUSTEE DICKERSON: Seconded. ALL AYES TRUSTEE FOS~FER: I'll make a motion to Approve the application with the provision that the shed is no furthe~ seaward than the line from the two opposing house foundations on either side, not the covered porch or steps or anything else. The actual corner of the foundation wall, so as not to protrude any further seaward. TRUSTEE KING: Seconded. ALL AYES 5. GARY GERNS as Contract Vendee requests a Wetland Permit to construct a single-family dwelling. Located: 1680 Brigantine Dr., Southold. SCTM#79-4- 25 POSTPONED LI NTIL MAY AS PER THE APPLICANT'S REQUEST 6. LOVE LANE ACQUISITION CORP. requests a Wetland Permit to remove the existing peninsula and rebuild the bulkheads and travel lift. Located: First & Main St. New Suffolk. SCTM#117-8-18 POSTPONED UNTIL MAY AS PER THE APPLICANT'S REQUEST 7. PECONIC DESIGN & CONSTRUCTION, INC. requests a Wetland Permit to remove dead and diseased trees from within 50' of the tidal wetlands. Located: 57958 Main Rd., Southold. SCTM#66-2-2.4 TRUSTEE KRUPSKh I'll make a motion to Table the application. TRUSTEE KING: Seconded. ALL AYES 8. DR. THOMAS FALCO requests a Wetland Permit to construct a 708 sq.ft. second-floor addition on the existing residence. Located: 945 Lighthouse Lane, Southold. SCTM#70-6-32 TRUSTEE KRUPSKh Is there anyone here who would like to comment on this application, in favor of or against? Ken you looked at this. TRUSTEE POLIWODA: I didn't see anything that would cause a negative im pact to the environment. I'll make a motion to Approve the application. TRUSTEE KRUPSKh I'll read the CAC comments. The CAC is the Conservation Advisory Council in Southold Town. They give us comments on every application. They recommended Approval. Do I have a motion to close the hearing? TRUSTEE KING: Seconded. ALL AYES TRUSTEE POLIWODA: I'll make a motion to Approve the application TRUSTEE DICKERSON: Seconded. ALL AYES 9. THEODOREANGELL requests a Wetland Permit to reconstruct within 18" +/- 100' of timber bulkhead and to backfill structure with +/-10 cy. of dean sand to be trucked in from an upland source. Located: 305 Gull Pond Lane, Greenport. SCTM#35-4-28.25 TRUSTEE KING: Would anyone wish to comment on this application? TRUSTE[EKRUPSKh The CAC recommended Approval with a 10' non-turf buffeT. This isthe same permit we issued in 1997 but it expired. TRiUSTEE. KING; I'll make a motion to close the public hearing. TRUSTEE Di~KERSON: Seconded. ALL AYES TRUSTEE KI~G: We noticed that the neighbor was doing his in-place. TR;US-FBE KR~UPSI~I: Right, this should also be done in-place, to be consistent. TRUSTEE FOSTER: I'll make a motion to re-open the public hearing. TRUSTEE POLIWODA: Seconded. ALL AYES MR. ANC~ELL: This application is basically just a renewal of the permit that was already approved and it expired this past October. This application is exactly the same and there are no changes with circumstances remaining the same. I decided rather than, prior to expiration of the permit, rather than slapping a'few;boa[ds together and saying the job has started, I have no pr~ci~lem~¢ Paying!the application fee over again without any expectation of any change 1~:SCause all this is exactly the same that th s Board had approved with the excep!tion of Ms. Dickerson who is new to the Board. For the record, I would just like to state that I have a 5 ½' platform that begins right at the property line where my bulkhead begins. It's a platform that extends out over the unde~g?ound canal bottom that I own half of, which is 30' out, as the Board is aware.' ~Sb, what I'm asking for is to simply honor the prior approved permits as there is. absolutely no change, so that I can proceed with the work. TRUSTEE' KRUPSI~I: Thank you. Any other Board comment? Ithink the feeling was when we went out on field inspection and spoke to Mr. Angell last week, was that it's going to be at least 2' out because of the belly in the structure, and not that we'd consider it a land grab, but it really should be done consistent with the neighbors. That's the proper way to do it. MR. ANGELL: This is the reason why I brought it up about the platform. There is a platform that goes out 5 ½' and this platform would not be visible to anyone and: I would be going out at an angle so that it wouldn't even be noticeable because I'm willing to go with the same construction, the vinyl that '7 the neighbor is, as opposed to going with the wood. In consideration of that fact that ow~ half the canal anyway, and the small extended portion would be under the platform and not visible by anybody, it's simply a matter of cosmetics that would never be seen anyway. The canal is all bends and turns anyway with the exception of myself and my neighboi', who would be the only one who would be actually looking down that line. Since the platform would be covenng it, there should be no cosmetic objection. Since it has been approved in the past in it's entirety, I would like to continue it that way because had star[ed the job, I wouldn't be here, and wouldn't have paid another application fee. It's just a matter of a technicality. TRUSTEE KING: This is all going to be dug out behind the bulkhead to put in dead-men, so why can't you, when this is dug out, straighten that bulkhead, get that belly out of it, and you're going to use vinyl sheathing? MR. ANGELL: One of the problems and discussing it With the contractor, where there is additional cost not only for any removal of the existing bulkhead... TRUSTEE KING: I'm not asking that. What I'm saying is that behind the bulkhead it's all going to be dug out. You have to in order to put the dead-me~ in MR. ANGELL: He indicated that it would not all be dug out. Basically, it would be dug out as the requirement would be for the dead-men. TRUSTEE KING: What I'm getting out is where you've got the belly in the bulkhead, that's dug out behind that, that can be pulled back in and straightened out. MR. ANGELL: Oh, ok. TRUSTEE KING: See what I mean. If you take the old poles out and put the vinyl sheathing in right against the bulkhead, you're not coming out as far as you would if you bumped out 18". It would be much less moving out and would be acceptable. That way you can leave the old bulkhead but get rid of those old poles and put the sheathing right against the old bulkhead and then the new poles. The only way you can get close with this new vinyl sheathing is remove the old poles. They've been doing that a lot lately. MR. ANGELL: Ok, haven't discussed that with the contractor but his concern also was using the depth because I also ready have depth and it would not entail any additional dredging because then the costs start to increase. TRUSTEE FOSTER: Well this is an advantage to do it that way because you don't lose anything because you're not actually removing the old bulkhead. The she, athing goes right against the existing whalers. TRUSTEE KING: The Board's concern is that you've got a 100' bulkhead and you've got a 2' bow in it, if you star[ out at each end with a straight line, now you've really gone out way out in front, whereas if you pull that bow back in, then you're staying close. MR. ANGELL: It's only one shot because the properly owner on the other side has an indent:so basically there is no continuation of a straight line. It's just a matter of logistics because I'm no contractor so it woule be a matter of how the contractor can do it as cost effectively as possible and also keeping in mind that I did have the approval in the past. TRUSTEE KING: This would be acceptable to me. TRUSTEE POLIWODA: I'd approve that. TRUSTEE KRUPSKI: Any other comment? Do I have a motion to close the hearing? TRUSTEE FOSTER: So moved. TRUSTEE DICKERSON: Seconded. ALL AYES TRUSTEE KING: I'll make a motion to Approve the application to construct the bulkhead with the stipulation that the old poles are pulled out and the plastic sheathing is placed directly against the old bulkhead and the old bulkhead is stra~ightened where it is bowed out and a 10' non-turf buffer. TRUSTEE FOSTER: Seconded. ALL AYES TR:USTEE KRUPSKI: You'll have to supply us with a new set of plans showing that before we can release the permit. MR. ANGELL: Ok. 10. MI CHAEL A. CHUISANO as Contract Vendee requests a Wetland Permit to construct a single-family dwelling. Located: 575 Diamond Lane, Peconic. SCTM#68-2-10 TRUSTEE KRUPSKI: E~efore we open the hearing, I would just like to say two things. As a Board we went out to the site last Wednesday, we didn't find it staked, and so we can open the hearing ~3ecause if anyone is interested on commenting tonight they are certainly welcome to. There is a series of letters in here but I'm not going to read them all. There is a lot of concern of course about construction there. One thing that we did come across though i~ Chap~ter 37 of Coastal Erosion, we've got to make a determination, and once we see where the project is staked, we've go to make a determination under Coastal Erosio~ Lo see where exactly this project is going to fall In other words, is it going to be in a secondary dune area. MR. CHUISANO: The property was staked. I am Michael Chuisano. It's staked right now because I checked it before I came to the meeting. TRUSTEE KRUPSKI: We went out Wednesday morning, we had two representatives from the DEC with us, because we had them in town with us looking at different sites, and there were seven of us that walked through there and we didn't see any stakes. TRUSTEE FOSTER: I saw stakes that indicated property lines. I didn't see any house corners. MR. CHUISANO: There are no house corners. There are property corners. TRUSTEE FOSTER: They are there. I saw property line stakes, but we need to see where the proposed house is going to be, where the septic is, that's the kind ef stakes that we're talking about. TRUSTEE KRUPSKh Then we can make a determination as far as wetlands go. 'Fhere's a low area there and we have to make a determination as far as wetlands there and a determination on Coastal Erosion. TRUSTEE FOSTER: It's all full of bacchads there. TRUSTEE KRUPSKh We ran into one two months ago with Coastal Erosion. The Coastal Eros on code is pretty clear. In certain areas, no construction is allowed. It's pretty clear in some areas. We'll make that determination once we can locate the project. So, if you could have the project staked, we'll inspect it on May 15th. MR. CHUISANO: Ok, thank you. TRUSTEE KRUPSKh Is there any other comment? PATRIClA MOORE: I take an unusual position today. I actually represent the neighbors, Ms. Gottbetter and Ms. Ramis. who have retained me to review the project. So, in a sense, I'm sitting on your side as an advocate to make sure that the process is done correctly. You're certainly going to have some very difficult issues that you're going to have to address. Certainly whether or not the standards can be met, he hasn't presented any positions yet that indicated where the structure is going to be located. A very important part of this tProcess I think is going to be the SEQRA process. As I read the regulations of he wetland permit Pr0~;ess this is an Unlisted Action and under 617.4. ~1..0,, any Unlisted Acti6n that exceeds 25% of any threshold in this section, or it if it s substantially contiguous to any publicly owned or operated park land recreat on ~r~a er ;designated open space, this property is (~entiguOus to Geldsmith's I.~ et, the ~)unty p~rk and Peconio Dunes, so:it ;is a~ ecosystem that is.,quite S~nsiti.,ve. You all recognize that and~l know.that'from years of being:bef0¢e ~ou. I don't need to tell you that. I think!the SEQRA ~eview shoul~l be do~e extensively here and possibly havinga Positive Declaration. Oertain praStlcal issues that you're need to address and is a,serio[Js concern to the adja'ce~t owner, is the driveway. There is almost a 45 degree Slepe down, to the ~-operty. It bisects fresHWater Wetlands and what. ceuidbe identified and~ the issue that you need to deal with is the flagging of ~freshwater wetlands. I k~ow you have these photographs n your fle a.read¥ ~ut there have been sqme enla,rgements that I think maybe you can use in thee future. would ask that these be part of your record. The road access that i~as to be cut is going t~ not only going to be for their use on a daily basis but it's also going to be u§ed for construction to get that equipment down te the property The reality is. that this is going to undermine the adjacent propert es and t's going to undermine the t~luff. Again another issue: that si~oui6i be i~d(tressed i~ your review. We're very ear y n the process 'm of~ the other side of the ~ssuethat I want you to address and it s really up the applicant to p, reSent the evidence to substantiate the permit. Another issue tha~ y0tu~re, goir~g tO be looking at is that this ,house, whether it's in Coasial ErOsion Area o?, t's cerLainly in a flood zone, so it's going to be sitting up on stil.ts, and :ir, om what I can tell of the area, the last house that was built in the Same poSit!one as the house that's being proposed, was constructed n the 1950.'s, and'y~)u can tel that from the pre-existing, non-conforming structure of the two li~e cottages that were down towards the beach. Aside from that, it's a Clear vie~ en both sides for houses that. have not been built for many, years an(t thei-e~s a reason for that. One, a lot of the property that was developed th'ere no~ (~r. owned by the prewous owners on the to the south up above the blt~ff line, so this is an unusual circumstance and to allow this house to be built you're going to see a house on stilts similar to the houses in Westhampton that are built down on the ocean in the bluff. All you see Es this one house looking like an eye soar as well as being out of place and out of line with everything else that's in that area. Another issue that you should be addressing is public acquisition. For once. I think that the neighborhood and the neighbors have not only objected to this construction but are trying to pressure County forces and even private forces to come and offer to buy this property. Mr. Maggie the seller had been approached. He chose not to go that route and I feel very sorry for the applicant because this is going to be an uphill battle and.unfortunately he can be put in a position to be spending an awful lot of money for a permit process where the owner had the opportunity to compensated fairly through County forces and through public acquisition. So again, the SEQRA process does allow you to consider alternative and one of those being that public acquisition that's already been placed on the record as a possibility in this case. That's just to start the process in my ;objections for the record. More will:be coming I'm sure as we reviewthe permit process. But, again, if there is anything that you .need from mete help you support your determination, in this instance, I'm working with you and if there is something that environmentalists Studies...you havea lot of resources within your power and I know you've used them against me many ti.roes. Please use them also in this fa'se,(inaudible) and until you see this property, you don't appreciate what's being asked of you. TRUSTEE KRUPSKh Any other comment? DEBORAH GORDON BROWN: (Inaudiblel Reading letter on file. What we weuld like to see .is that it be made available to Southeld Town in perpetuity and it can only happen that way if you allow the land to stay natural. In 1948 my parents purbhased the property on the bluff above this land, to the east of it. We've lived there since then. was warned then by my father, who was a scientist, only to use the deer path, not.to Climb up the bluff except, on the steep step pathS, and although I obeyed, there has been an enormous amount of erosion since the time I was seven years old. When we first came to the land, therewere tall pine trees and enormous and very variable vegetation. It was rather extraordinary. It still is extraordinary. However, we have tiny little plants th,at almost (in, audible) and what happened is during the hurricane of the 1950 s and !1 don t remember exactly the year, but a lot of houses and trees and the eaStern side were damaged and some of them swe¢ by out fiat lands, or what we call our fiat lands, and the (i~audible) was pretty well destroyed. A lot of the flora has returned but it s much more delicate than what it'was. The erosion to the bluff over the course to the years has been quite significant and the erosion to the beach, particularly since the building of the jetty, it has been severe. You can see where the beach has been eroded and the dune lane has been eroded and the bluff behind the dune line suffered even more damage from the water. It seems to be that way. (inaddible) a road would have to be driven so you would not only have to take vehicles to construct this house but it is indeed our little foot path and it's not much more than 6' wide. That's at its widest point. We throw mulch down either side of it l! and leaves and anything we can find to keep it stable and we only cut the poison ivy to avoid getting poison ivy. It lives very happily along that bank. The County purchased land aajacent to this lot. (inaudible) If a house were to be built adjacent to this foot path, you would have a very different kind of land. We would like very much for you to (inaudible) just in front of this lot. We would ike to save the wetlands. We would like to see the County and the Peconic Trust involved in this. We are very much concerned that Southold Town and those of us who (inaudible). thank you for your time. TRUSTEE KRUPSKI: Can anyone tell me who owns the parcel to the east of that. ~)EBORAH GORDON BROWN: Yes, it's John Palmer, who wrote a letter and actually I spoke with him the other day and I'm representing him as well, and he received- notification from the Peconic Trust about possibly deeding the land. He Owns the land and the house'immediately, well he owns 10ts 1 & 3, I think. So ~his little plo~, would, if he deeds the lands, be (~inaudible). TRUSTEE. KRUPSKI: Yes, there are a lot of issues. Thank you. As far as the SE'QRA goes, SEQRA by the way, it sounds like it some kind of a secret thing, but it's ac'~ually a State Environmental Quality Review Act. Wewere unaware that there was some sort of a provision in it r, elated to public parks. We're definitely going to look into that as well. We II review this again next month after we s~e~ il staked in the field. Do have a motion to Table the hearing? TRUSTEE DI~KERSON: So moved. TRUSTEE FOSTER: ,Seconded. ALL AYES 11. N£1L MCGOL- DRICK requests a Wetland Permit to hydraulically dredge a~ irregular area~ l~-/-55' maximum width) through the inlet of Hall's Creek, to a maximum depth of-5' at MLW, at a 1:3 slope. Approx. 2,000 cy. of 100% sand spoil to be pumped 1) updrift of existing 80' groin on subject property; and 2) doWndrift of groin at end of Dean Dr. to East. Extend existing 70' groin on west side ef inlet by 80' to minimize future shoaling of creek mouth and inlet. Located: 7690 Meadow Beach Lane, Mattituck. SCTM#116-4-16.4 TRUSTEE KRUPSKI: Would anyone here like to speak in favor of the application? DOUGLAS JOFFE: I'm here on behalf of the applicant. This was, as the Board knows, a permit that was applied for and previously granted back in 1998. There was, and we found out recently, an expiration date on the permit. We were unaware of that. We had environmental consultants to get these permits. We were under the impression that the permit was still valid and well we found out that the permit was not valid so we reda pplied for the same thing that we, applied for back in 1998; the jetty extension, the same dimensions, as set forth in the prior permit and maintenance dredging, which we are hoping to have done bythe County based on the petition you submitted [or the Town, I think back in July of 2000. It was a petition with some letters and names. It makes no sense to go ahead without a privately funded maintenance dredging or a County approved dredging until the groin extension is done. We tried that before and it just resulted in the re-deposition of the dredge material right back in the creed within months. So, naturally the extension was necessary in order [o keep Hall's Creek open. So, we're here asking for the same things that we asked for back i~ 1998, the 70' extension, maintenance dredge, and you approved it back then and they did limit this permit to 2 years. TRUSTEE KRUPSKh Is there any other comment on this application? JAMES ECKERT: I'm on the Board of Directors of the Mattituck Homeowner's Association. (inaudible) JOE LEE: I'm not part of that group but I live on Hall's Creek. I spoke to you in January. There's concerns that the County dredged Deep Hole Creek and pumped the sand towards Hall's Creek and my fears have been justifiee and you hadsuggested tl~at they send a back-hoe but a back-hoe isn't going to handle the mess we have now. We're in danger of living on a sewer and what Mr. McGold rick proposed, I'm 100% for it. I think essential or we're going to hav~ a big problem, We've got a big problem there now. I don't know if you ye been down there. I met a gentlemen from the Town t~ere last weeK, Me. He thought it was a beach. H,e couldn't believe that was the mouth of the creek, just.~ant to reiterate that I m 100% in favor Of what Mr. Goldrick proposes. TRUSTEE KRUPSKI: Thank you. MR. JQFFE: Just for the record, the problem is the fill. That's the problem we had v~ith .the initial dredging. The Town, there was a requirement in the permit that it be made available for the Town. Rambo Construction did the dredging. Presumably they notified the Town. We were under that impression. We had all of this fill and we didn't have to permission to put it on the down :drift or the up dri.ft so wejust put it right on the beach. It looked nice for a while but mother nature had another plan for it and dumped it right back into the creek. We coo~perated with anyone in the area with anyone with respects to the material It's just that it keeps going back into that creek. (inaudible) it regenerated~ the environment, if you will, within the creek. (inaudible) Without the gr. oin extension, which has been started, and then we found out we didn't have a permit or that it expired, so we can't proceed with the opening of the creek. I do; ha~e an affidavit of posting for the Board that I would like to submit. TRUSTEE K~UPSKI: Because this is a jetty sticking out into the bay similar to a structure to ~ dock, we ve been advised by our Counsel to follow the procedur, es fo~.SEQRA which means that you have to fill out ~he Lqng Enviren. ment~l Assessment Form and we're going to coordinate with the other involved:agencies, DEC and Army Corp. of Engineers. MR JOFF~ So s the Town going to Table th s? TRUSTEE KRUPSKh We're going to initiate the SEQRA process. So, you can hand those in. Here are the forms right now. If there is no other comment, I'll read ~he SEQRA Resolution. RESOLVED by the Board of Trustees of the Town of Sout~old of the application of NElL MCGOLDRICK more fully described inthe public hearing section of the Trustee agenda #11 dated Wednes~lay, April 24, 2002 is pursuant to the SEQRA rules and regulations an Unlisted Action and be it further RESOLVED that the applicant is required to submit aLong Environmental Assessment Form and be it further RESOI~VED t3 that upon receipt of the Long Environmental Assessment Form the clerk of the Trustees is hereby directed to commence a coordinated review pursuant to SEQRA. MR. JOFFE: I have a question for the Board. Based on the fact that this is exactly the same application submitted in 1998 for which we received approval, is there a reason why this additional requirement is being imposed? TRUSTEE KRUPSKh You can ask our Town Attorney that question because it's a legal type of matter. This is a type of thing that we're doing now on docks and jetties. We have another one further on and we're going to dothe same thing for the dock application. We'll do the environmental review atthe same time butwe have to wait for comments from the other agencies and get all of our information together before we can really initiate the environmental review. Do I have a second on that resolution? TRUSTEE POLIWODA: SecOndee ALL AYES TRUSTEE KRUPSKh I11 make a motion to Table the public hearing. TRUSTEE POLIWODA: Seconded. ALL AYES 12. HARBOR LIGHTS CANAL ASSOCIATION requests a Wetland Permit to ma~ qtenance dredge approx. 5,000 cy. of sand from the entrance of the canal. Located: Harbor Lights Dr., Southold. SCTM#71-2-1.1 TRUSTEE KING: Is there anyone here for or against the application? WILLIAM COLE: I live in Harbor Lights (interference with the microphone) and I'm sure that in another year everything is going to die in there. Also, if you look at one of those photos there, I'm sure that you know that outside of Goose Creek is has become very Iow and if you look at that picture it's a little bit straighter up from Goose Oreek and you can see that it's already (inaudible) outside tnere. We want to take that sand out of that and nothing more, and we would ike to have you act on that. TRUSTEE KRUPSKh Thank you. s there any other comment? NEIGHBOR: I'm the president of the Harbor Lights Association, which is separate from the group making this application. We have no objection to the dredging but we are concernee about where the spoil will go. The application is for 5,000 cy., which is proposed to be spread along our beach area and the beach area, inthe opinion of our Board, if not adequate to take that much fill. (inaudible) We could probably take up to 1,000 cy. in that first area, about 500 yds. on one side and 500 yds. on the other but we could not take 5,000 cy. total. We would like to see some other plan for the disposal of the spoil from the dredging. TRUSTEE KRUPSKh Thank you. WILLIAM COLE: We appreciate your co ncern and the reason for this (inaudible) as you can see is that it makes it (inaudible) and we have to work it out. (inaudible) TRUSTEE FOSTER: Who is the contractor? WILLIAM COLE: We contacted P, ambo and he is going to come to a meeting hopefully down on the beach with the gentlemen here so we can satisfy them that it's going to be done right. 14 TRUSTEE POLIWODA: I think the general consensus is that they place the clean sand outside of the jetty and barge out the muck and whatever sand can't be handled outside of the jetty. TRUSTEE KRUPSKI: Environmentally it's ok? TRUSTEE POLIWODA: Sure. TRUSTEE KRUPSKh We'll let Trustee Foster look at the nUmbers. He let us know what he thinks about the fill placement. CHRIS CONNELLY: I'm the Treasurer of the Harbor Lights Association. Along with what Mr. Poliwoda said, we have no objection to the 1,000 yds. but we would also say that this fill not be trucked out of Harbor Lights, and make a note that it be dredged, and that it be barged out of Harbor Lights. WILLIAM. COLE: (inaudible)That's why we're having this meeting with Rambo, to find out whether [he barge can be put into that point and we will have this next meeting End go over that. TRUSTEE KRUPSKI: Now the permit that was issued in 1990 for the mainte~ancedredgfng of the canal at a depth of 4', that permit was for 4,000 cy. of.sand a~(l ~vith the condition that it be placed on the adjacent beach for nourishment. Have you contacted the DEC as far as any permits? WlLLIAMCObE: J.M.O., we had asked him to look into the DEC permit and he's here tonight, I b,elieve. TRUSTEE KING: He s outside. TRUSTEE K~PSKI: :C, ould you give us a comment on the Harbor Lights dredgir~t, project. There s a concern, not that it needs to be done, the concern is th~ Pl~cem~n! of the dredge spoi!. GLEN~4 JUST~ I ve been away but Ive gone through the files that we did for them several ~ears ago for these folks and I think it had gone on the right side? TRUSTEE KF~UPSKI: It says that it must be placed on adjacent beach. Tbey'retalking about 4,000 cy.. Here's a letter from 1992. 500 cy. available as beach restora-~ion at Harbor Lights beach. Afl material be placed above high water as per enclosed plans. The balance of the ,material 3,500 cy. will be carted a~d pla~ed at Kenny's Beach Road. That s from April 1992. GLENN J LJST: That was up on the sound there? TRUSTEE KI~UPSKh Apparently. , TRUSTEE FQSTER: That was when there wasn t any beach at all there at Kenny's Beach. The asphalt was the end of it. GLENN JUST~ When we originally had done the project, it was going to go right there on She beach itself. (inaudible) TRUSTEE KRUPSKh Okay, but that's what's in the file here. JAY sPEIS: n 1992, what happened was some of the sand was trucked off and taken to 14enny's Beach. A lot of it, and I think when you regarded that it was placed on the beach in piles, it would remain on the beach for the summer season. That's what the members of the Harbor Lights Homeowners Assoc. are trying to avoid this time. Last time it was done. it was not just sand. It was mud and muck and it was left stinking for the summer months. So, our real concern is that we don't want to see what happened the last time. As far as the homeowner's association was concerned, too much was left there. GLENN JUST: (inaudible) TRUSTEE KRUPSKI: The last proposal was for 4,000 cy. at the time. This proposal isfor 5,000 cy. That's a substantial amount more. JAY SPEIS: I would just like to comment on that a ittle bit. If you look at some of those pictures, you'll see the entrance to the canal. It extends about probably close to 300 ft, in a southerly direction. That island that Mr. Cole spoke of is just inside there also. What the neighbors want to do is just around the bulkheading on the inside of the canal, and not dredging the whole canal. would think that 5,000 cy. that they are speaking of is way high. TRUSTEE KRUPSKh The problem is ... the survey is a little vague~ I think maybe we:have to revisit ~he site maybe with the contractor and tryto figure out if maybe the Town could use it. JAY SPEIS: That'S the point I'm trying to make. The last time we dredged the who e. canal, 500, ft. and now we re dredging just ~ns~de the entrance. TRUSTEE KRUPSKI. Well ~t s a tremendous amount of yardage that s being appl.ied for. Their concerns are valid about spoil placement. It's always a problem, We're going to have to go out there with the contractor and maybe askthe Highway. Dept. what can be worked out. NEIGHBOR: Can/ask you a question? How long is this dredging operation supposed to take? , TRUS~'EE KRLIPSKh It doesnt say. NEIGHBOR: Maybelb some consideration could be given to doing it after the sur~mer season. TRUSTEE KRUPSKI: It's doubtful that it could be done now, I would think. Could it be~ dohe now? GLE?,N JUST:, There are concerns with p p ng p overs and ospreys n the area and it~ kely that it would be done after September 15th That's the indicat on that g0tf~omthe DEC. TRUSTEE KRUPSKh This is something that would be conducted next winter. TRUSTEE FOSTER: Is it proposed to be done mechanically or hydraulically ? L * ' G ENI~ JUST: I dont that has been worked out. TRUSTEE KRUP:SKh Could it be pumped anywhere else up the beach? GLENN'" JOST: Maybe a few hundred feet down the beach or something like that but YOU can't move that kind of material all that far unless you pile it and then bulldOZer-it or pay Icad it down the beach. NEIGH:;BOR: You mean pay Icad it d,own the beach? GLEN~ JUSTi Sometimes ~vhen you re doing hydraulic dredging, it's a matter of howifar ~you place the hose t's hard to descr be NEIGHBOr,: Yo[J're talking about not putt ng t on the beach r Clht? TRUSTEE KRUPSKI Yeah, but there might be another adjacent beach. Generally, people are fighting over the dredge spoil because they want beach nourishment. It's a little ironic. GLEN~ JUST: U, sually people are screaming for it. People want it. NEIGHiBO P,: We II give it to them. TRUSTEE KRUPSKh Well that's what we're trying to see if there's maybe a different location nearby that it can be pumped to so they could use it as beach nourishment. We'll Table the application and we'll meet with everyone on site on May 15th and we'll try to resolve it. I'll make a motion to Table. TRUSTEE FOSTER: Seconded. ALL AYES 13. PETTY'S BIGHT ASSOC., INC. requests a Wetland Permit for the restoration of the bluff with plantings to prevent further erosion. Located: 3140 North Sea Dr., Orient. SCTM#15-1-6 APPLICATION WITHDRAWN 14. GERALD LANG requests a Wetland Permit to construct a second-story addition with a balcony, ane new roof line onto the existing dwelling. Located: 3480 Ole Jule Lane, Mattituck. SCTM#122-4-21 TRUSTEE KRUPSKh Are there any comments? GERALD LANG: No, but I would like to give the Board an updated survey and also better elevations. TRUSTEE KRUPSKh Is there any other comment? Are we going to look at a nomturf buffer here? TRUSTEE POLIWODA: It's bulkheaded. TRUSTEE KRUPSKh We're just going to ask for gutters and drywells on the house and when you have to repair the bulkhead and that's going to be disturbed, we're going to ask for a non-turf buffer behind the bulkhead. You can put in gravel or plantings or something, anything but lawn turf. Do I have a motion to close the hearing? TRUSTEE POLIWODA: So moved. TRUSTEE FOSTER Seconded. ALL AYES TRUSTEE KRUPSKI: Do I have a motion to Approve? TRUSTEE POLIWODA: I'll make a motion to Approve the application. TRUSTEE KING: Seconded. ALL AYES 15. Suffolk Environmental Consulting, Inc. on behalf of WILLIAM H. PRICE, ESQ. requests a Wetland Permit to construct a 1725 sq.ft, single-family dwelling with a 550 sq.ff, attached deck, an 865 sq.ft, gravel driveway, septic system and waterline; and place 125 cy. of fill to elevate the septic system house. Located: 100 Bay Road, Greenport. SCTM#43-5-10 POSTPONED UNTIL MAY AS PER THE AGENT'S REQUEST 16. Docko, Inc. on behalf of FISHERS ISLAND YACHT CLUB requests a Wetland Permit to construct a 7'X 72' wood pile and timber pier with two 5'X 30' finger piers, construct 225 (+/-) LF of floating pier, all with associated tie-off and restraint pilings, reposition an existing 6' wide X 90 (+/-) LF float with new hinged ramp, include all associated restraint and moonng line piles, all waterward of the apparent high water line. Located: Central Ave., Fishers Island. SCTM#10-1-9 TRUSTEE KRUPSKh I'll make a motion to Table the application. TRUSTEE DICKERSON: Seconded. ALL AYES 17. Crowley Marine Construction on behalf of SEAN FAHEY requests a Wetland Permit to install a 3'X 16' ramp, 6'X 20' float with two 2-pile dolphins to secure float on existing 4'X 70' seasonal dock. Located: 1415 North Parish Dr., Southold. SCTM#71-1-14 TRUSTEE DICKERSON: Is there anyone who would like to comment on this application? TRUSTEE KRUPSKh This is the seasonal dock application with the extension to the dock, on the bay. TRUSTEE DICKERSON: '11 read the CAC comments. They recommended Approval with a Condition. I don't know what the condition is though. TRUSTEE KRUPSKI: We don't have a CAC representative here. TRUSTEE PE)LIWODA: I don't think we should be expanding our bay front dockage especially.for a ramp and float since it's unreasonable to dock a boat n the bay on a ramp and float, especially with an east wind in that position. There arCnet;many ~tocks, if any d~)cks, in that area. The reason that it was given a permit.Was I.guess trial and we found it to be an error. TRUSTI~E KRuPsK,I: The applicant already has a dock. TRUSTEE POLIWODA: Right. TRUSTEE KI.Ir, IG: This is a seasonal dock that is removed every year, right? TRUSTEE KRUPSI~I: Artie, any thoughts on this? TRUSTEE FOSTER: I didn't see this one. TRUSTEE KtI'4G: I'm inclined:to agree with Ken. Ramps and floats on the bay arena 'bad idea. TRUSTE:E KRUpSKI: Peggy, any thou9 hts on it? TRUSYEiE D!¢KERSON: I have to go along with Ken. TRUSTEE t(~UPSKI: Is there a motion to close the hearing? i TRUSTEE PQLIWODA: I II make that mot on. TRUSTEE FeSTER: Seconded. ALL AYES TRUSTEE P©LI~VODA: Ill make a motion to Disapprove the application because it's damaging to the environment because it covers the bottom and there 'is ha'bita;t that exists there. There are certain grass types that grow in that area. TRUSTEE KRUPSKh The chance of survival is Iow, and it monopolizes public bottom TRUSTEE POLIWODA: As well as the comprehensive plan put forth. TRUSTEE KRUPSKh For all of those reasons. TRUSTEE DICKERSON: Seconded. ALL AYES 18. Catherine Mesiano, Inc. on behalf of SOUTHOLD PARK DISTRICT requests a Wetland Permit to reconstruct 235' of existing functional concrete bulkhead maintenance dredge slips and adjacent area to -4' MLW for access, and reconstruct open fixed dock on south and east sides +/-130. Located: Young's Ave. Park, Southold. SCTM#64-1-10.1 TRUSTEE KRUPSKh Is there anyone who wou Id like to speak in favor of the application? CATHERINE MESlANO: I'm here on behalf of the applicant. As you probably recall, we met at the site last Wednesday with representatives of the DEC and we reviewed the park districts initial request which goes to reface the existing bulkhead, which was found to be in a deteriorated state, and it was the consensus of the two agencies that the proposed method was not acceptable to either agency. After consideration and discussion with the applicants, the applicants are now putting forth a request to replace, in-place replacement of the 235' of existing functional but deteriorating concrete bulkhead· I've given Lau ten a copy of the proposed activity with the revised description which if you would like I will read it into the minutes. The south wallofthe bulkheadis 120 linear ft. We proposed removal of the existing concrete bulkhead,a, ~d rep/acing that in'place with an installation of 10;~ 20~ CCA pi/es 6 bn center. 6"~ 6" ~A top ~nd bottom wales spaced with 16~1ong CLl'oc vinyFsheating, %" by l~C' tie-~'odS end S'X S' CCA backing piles with:layilOg. The 'e~st wall comPrised of 155 Lf. we propose removi~'g :and:replac[ng in-place, !he inst~lfatiOn of 1.0'~( 16" CCA p~les 6' cente-r, 6'~ 6~'; cCA.top and bSttem wales · , ' , · , 3 ,, ' ' ii ' ~" faced w~th 14 long C-Loc wnyl sheathing, ~ by ~4 ~ie rods a d 8 ~( CCA baCking piles with laylog. The open fixed dock 'on'th~ eae~;andt,a soU~ side is approX. 130' and we propose ~o replace the stringers usinE 6;N 6" ~nd 4'~(6" CCA and 8'~ 12'inside piling, replace inside pili[tg us:ing 4"X 12' QCA and replace 2" decking as necessary. Now we went ot~ to discuss the extent of the maintenance dredging that's proposed and we propose to dredge toan approximate dept~ .of 3 %' at mean low water. ~hi'e area.(o be dred:ged would b~' approximate Y ;45 seaward of the south,facin~ wall Of(he bulkh(~al~ and approximately 40' seaward of'the east-facing wall of the,bulkhead. ant!cipate that it s a~proximately 1,000 cy. of dredge spoil, which will 'be codtained on site. The northeast spoil site is prop.osed in thenortheast corner of the property ~ontained with siltfence and staked hay bales. The dredging will be performed by crane barge and Clamshell bucke'~s; The exceCs dredge spoil will be truCked'to an uplar~d site after i.,t's ha8 a ~ha~nce to drai¢ first. Are there any questi;ons? d dn't provde you Wth a ~ketch because I'll have it drawn to the specifications that we end up ~_greei~g on to depict ba~sically what we talked abou, t, 'Does this accurately refldCt your understanding of What we discussed at the site? TRUSTEE KRUPSKI: It seems like what we recollect. CATHERINE MESIANO:~i I just wanted to make sure. TRUSTEE KR~.PSKh Was there any discussion about a non-turf buffer here? CATHERINE MESIANO: There hadn't been any discussion. TRUSTEE KRMPSKI: A gravel path along the edge? CATHERINE MESIANO: Is that what you want? TRUSTEE KRUPSKI: A 10' gravel path. Anything else? Any other corn ment? TRUSTEE POLIWODA: I'd like to stipulate no creosote up on the walers in that location. t9 CATHERINE MESIANO: Anything else? TRUSTEE KRUPSKI: Any other comment? Do have a motion to close the hearing? TRUSTEE POLIWODA: So moved TRUSTEE DICKERSON: Seconded. ALL AYES TRUSTEE KRUPSKI: This is an application that been going around for at least 2 years. CATHERINE MESlANO: Are you disappointed it's over?. You had determined to return the application fee. TRUSTEE KRUPSKh No, actually we were discussing about charging for the spoil because it's Town bottom. It's not really maintenance dredged, but since it's a Town agency, we don't charge. TRUSTEE POLIWODA: I'll make a motion to Approve the application (new plans) with a 10' non-turf buffer as well as no creosote on the walers, and we are waiving the fee for the dredge spoil, all subject to a new plan. TRUSTEE DICKERSON: Seconded. ALL AYES 19. Catherine Mesiano, Inc. on behalf of MATINE INC. requests a Wetland Permit I.o construct a 62'X 52' single-family dwelling, on-site sewage disposal system, pervious driveway and public water supply. Located: 435 Albacore Dr., Southold. SCTM#57-1-20 TRUSTEE KRUPSKI: I'm going to make a motion to Table the application because we still didn't see any house stakes so you're going to have to have somebody make a better effort there to make us some paths. CATHERINE MESIANO: They were there. Ok. TRUSTEE KRUPSKI: We saw the wetland flags. TRUSTEE FOSTER: I stomped all through there and I didn't see any house stakes. TRUSTEE KRUPSKI: No, we walked all through there. CATHERINE MESIANO: We paid a surveyor a lot of money to put those stakes, there. I have a staking plan from him and a bill from him. It was done before March 8t" TRUSTEE KING: Maybe somebody pulled them out. TRUSTEE KRUPSKI: Yeah, because we were there twice and we did see the wetland flags. CATHERINE MESIANO: Well the wetland flags were there from a year ago. TRUSTEE KRUPSKI: Ok. I have a motion to Table. Do I have a second? TRUSTEE POLIWODA Seconded. ALL AYES 20. Catherine Mesiano, Inc. on behalf of JOHN & BARBARA SEVERINI requests a Wetland Permit to add an 8'X 30' extension to and enclose the existing deck. Existing setback from the bulkhead to be maintained. Located: 565 Gull Pond Lane, Greenport. SCTM#35-4-28.27 TRUSTEE KRUPSKh Is there anyone who would like to speak in favor of the application? 2O CATHERINE MESIANO: I'm here on behalf of the applicants. We have an existing structure with a deck off of the south side and a small porch off of the easterly side. We are proposing to enclose the existing deck that's off of the existing southeasterly side and the existing deck off of the back of, the seaward side of the house, we propose to remove and replace with a covered porch across the back of the house. We are hoping that the existing setback except at the southerly corner of the area where the deck will be replaced, and we're looking to add just two feet onto that portion of the porch, so we'll be at the minimum 40' from the existing bulkhead to the new covered porch and deck. Other than that, we are keeping all of the footprints and setbacks that presently exist: The only excavation proposed would be whatever posts are required for the porch. There is no foundation being excavated, if there are not already drywells on the site, then they will be instal [ed. TRUSTEE KRUPSKk Is there any other comment? I think the only comment the Board had was that the pipe through the bulkhead had to be removed. CATHERINE MESIANO: That's right. We discussed'~hat. TRUSTEE KRUPSKI: We also need additional drywells for the house, and gutters, and shown on the plan. Do I have a motion to close the hearing? TRUSTEE DI~KERSON: So moved. TRUSTEE KING: seconded. ALL AYES TRUSTEE KRUpSKk I'll make a motion to Approve the application subject to receipt ora plan showing the pipe through the bulkhead removed a'nd the drywells.and gutters for the house. TRUSTEE POLIWOBA: SeConded. ALL AYES 21. Proper-T Permit Services on behalf of SALVATORE GUERRERA requests a Wetland Permit to construct a dwelling with on-site sewage disposal system and public water. Construct fixed walkway 4'X 178', hinged ramp 4'X 16', and floating dock 6'X20'. Floating dock to be secured by two piles. Located: 1450 Ole Jule Lane, Mattituck. SCTM#122-4-44.6 TRUSTEE KING: Is there anyone who would like to make a comment? JIM FITZGERALD: You asked last time that the mooring pile for the adjacent property be shown on the project plan and here it is. TRUSTEE KRUPSKI: Is there any other comment? JIM FITZGERALD: also indicated that you would require a 50' non- disturbance buffer, which has not been shown on the survey yet until we are certain that there are no other changes that have to be made. TRUSTEE KRUPSKh think the Board feels that's critical to the project that the house be relocated with a 50' non-disturbance and that you're going to have to show us the house placement and the septic system on the survey, and have it st~ked in the field, and drywells and gutters for the house. For our inspection in May, we're going to need the proposed moonng pile staked and the end of the dock staked. JIM FITZGERALD: It was for your inspection this month. TRUSTEE KRUPSKh We went and it was high water and we couldn't get out there. There was no change in the house, so we left. The house hadn't been staked and we didn't receive any new plans for the house. JIM FITZGERALD: Well it's like I said, I wanted you to determine if there were going to be any changes. This could continue to be a problem, had called the office when Iow tide was going to be and indicated that it was a problem in that area and went out there and marked the location of the mooring pile and then had that stolen by somebody who happened to be walking through that area, I guess. I thought that you might have seen it. TRUSTEE KRUPSKh Well the house wasn't staked. We asked you last month, Or maybe the previous month to haYe the house staked and to have a 50' setback for the house. It didn't really make sense to keep going back and forth if nothing is ready for us. I'll make a motion to Tabtethe application. TRUSTEE POLIWODA: Seconded. ALL AYES JIM FITZGERALD: Can I hear your thoughts on the dock situation assuming that it turns out to be the way it's shown on the drawing. , TRUSTEE KRUPSK!: Well we have to go look at it. That s my thought. J!:M FITZ..G. EiR~.' ~LD: It s right here on a piece of paper., TRUSTEE KRUPSKh We actually need to see it on a survey. This isn t an actual sU'~ey. This should be placed on a survey. J M FIT~6E~LD: Why is that? TRUST~ KRUPSKI: ~,ecause that's the way the Code is written. J M F 'i"Z6ERALD Wou d you accept a survey ~f there was a project plan in ail cases? TRUSTBE KRUPSKh No, we need whatever information we need. But, you had one dock placed on a survey but you're going to have to show the house placement on a survey, correct? So you might as well have the dock placed on the survey. JIM FITZGERALD: But I'm thinking about other projects because it seems to change. TRUSTEE KRUPSKI: Well I'm sorry if it does. We try to be consistent. I'll make a motion to Table the application. 'E. RUSTEE POLIWODA: Seconded. ALL AYES 22. Proper-T Permit Services on behalf of STEVEN KRAI~I requests a Wetland Permit to construct a 4'X 57' fixed dock with four 2-pile dolphins for mooring. Located: 100 West Lane, Southold. SCTM#88-6-12 TRUSTEE POLIWODA: Is there anyone who would like to speak on behalf of this application? JIM FITZGERALD: (inaudible) TRUSTEE KRUPSKh The SEQRA requirement has been completed. JIM FITZGERALD: Meaning? TRUSTEE KRUPSKh Meaning that we can vote on the project. We've complied with the SEQRA law and coordinated with the required agencies. Now we can vote on the project. JIM FITZGERALD: Did any of the other agencies have any input? 22 TRUSTEE KRUPSKh No, no comments. JIM FITZGERALD: Which means that they don't care about it right? TRUSTEE KRUPSKh Presumably. TRUSTEE POLIWODA: Any other comments? JIM FITZGERLALD: I would do nothing but repeat the (inaudible). The most recent drawing I gave you shows the dock moved to the westerly side of the property to accommodate the concern of the property owners association. TRUSTEE KRUPS KI: Thank you. NEIGHBOR: I speak on behalf of the people from Angel Shores. We are opposed to the dock a~d whether you look left or right, we still surround the whole area so it doesn't make much difference. We oppose the dock and we had submitted previously a petition from 50 Of the surrounding area people who oppose the dock and are very against it. We have the environmental concerns for the area and the safety of the people there and therel~ore we do not want to see the dock there. TRUSTEE KRUPSKh Thank you. NEIGBBOR: I'm from Angel Shores also and we understand that the DEC didn't care for this right? TRUSTEE KRUPSKI: We're not aware of the DEC's decision on this. NEIGHBOR: Howabout the Bay Constable? At the last meeting you made it quite clear that he wasn't happy with it. TRUSTEE KRUPSKh Maybe it was the Baykeeper. NEIGHBOR: Oh ok. JIM FITZGERALD: Excuse me, what meeting was he at? NEIGHBORS: The last hearing. JIM FITZGERALD: The Baykeeper was at the last hearing and spoke against this~ NEIGHBOR: Yes he did. TRUSTEE KRUPSKh He can confirm that. Turn around. KEVIN MCALLISTER: Yes, I did, JIM FITZGERALD: Thank you. NEIGHBOR: To me, this dock is going to look like some sort of fence between the two beaches that we do use. From the high-water mark out 57', it's an obstruction to the beaches that we do use. This is right in between both beaches. They are pristine beaches. There are no docks there. If this is allowed, you have several other homes that will be looking for it too. TRUSTEE KRUPSKh Is there any other comment? JIM FITZGERALD: May I respond. The concept keeps coming up, which guess is under the "not in my backyard" heading in the regulations about if you let this, then other people would want to do it. It's not my understanding that that's what this Board is all about. The fact that the area around you at a given time, there was no other dock around and a dock was there, and now there's another dock there. This is a waterfront community. People use docks. Peo pie moor their boats, all in the same kind of area we are talking about, and people swim in the water. People swim in the water in front of their beach and the people that have a house, have a dock in front of their house. That's all. NEIGHBOR: (inaudible) This is not a friendly situation and this stems from a party from the year before and they tried to stop anybody crossing in front of the high-water mark from one beach to the other. (inaudible) TRUSTEE KRUPSKI: Is there any ether comment? TRUSTEE FOSTER: A lot of things changed. Years age, we all had a beach, then we ha~t to have a bulkhead, then we got a bulkhead, and now we have no beach. Now we want a dock. JIM FITZGERAL, D: And what will that do? The dock is not going to cause any erosion problem. TRUSTEE KRUPSKI: A dock actually is considered hardening of the shoreline and it does contribute to erosion. JIM FITZGERALD: Any more than the hundreds of groins and jetties that we have along, there. TRUSTEE KRUPSKI: There were a lot of mistakes made in the past. JIM ~FI~ZGERALD: So we're, going to fix it now by denying this dock? TRUSTEE KRUPSKI: I didn t suggest that yet. I just answered your question. JIM FITZGERALD: Thank you. TRUSteE KRUPSKh Is there anyone else who hasn't spoken. YRU$~E POLIWODA: Well we have our comments from last month, and the Peconio Bayl~eeper spoke and the accumulative impact of placing structure on the bay. Nature Conservancy has a large package on reasons why not to allow docks on'the bay. I agree with them all. JIM FITZGERALD: Is that infor,m, ation available to civilians. P©LI~VODA: Yes, it s in the file. D[CKERSON: I was just going to reiterate what some of the other comments w~r~e. You were saying that everyone wants docks when everyone cemeS oui I~ere but I think we've learned from the past and what we've learned and we're hearing more and more from Baykeepers and Nature Conservancy, is now to start taking care of these areas that we've all been so cencern~l ab.o~ut. It's not just the ~ne dock. It's that all of these th ngs are char~ging a~dl ~hang ng and what s been done in the past, as Artie said, isn t necesSa~il~ what's good for the futu re. JIM FITZGERALD: The thing I really don't understand, I don't think it's been add,reSsed Yet is specifically, in detailed terms, what is it that the dock will do that s ~a~d ~r ~he Town of Southold? TRUSteE :DJ OKERSON: It increases the hardening of the shoreline, it ~ncreases the... JIM FI'TZGERALD: Any dock is good or bad for the Town of Southold. TRUSTEE KRUPSKI: It's placed in a public area so for safety and ...if you want to look at Chapter 97-28, the Wetland Code, there are a number of items here that are relevant. One is the safety and navigation. Of course it will result ~n a proSlem with navigatio~ because it is a structure completely alone in an area of the bay that's completely undeveloped. Another reason is that it's adjacent~o.a public bathing beach and the dock is going to attract boats and 24 jet skis and all sorts of motorized boating activities, which could be dangerous. So, that's in the standards, 97-28F, which adversely affects navigational tidal waters. Then of course, you get into 97-28D, adversely affect the shellfish and other beneficial marine organisms because you're actually going to physically displace some of that environment in the tidal and inter-tidal area, by the presence of the dock itself. It will also, because it is a hard structure, it will also cause some damage, under Chapter 97-28B, it will cause damage from erosion and of course during nstallation, turbidity and siltation. But it will affect, because it is a structure, G-change the course or any channel or the natural movement or flow of any waters. It will affect the natural flow of waters, which in fact, will affect the natural flow of sand movement down the beach We've seen this happen in the past in docks On the bay that were permitted. WeYe seen how they affected the flow of water and the flow of sand. JIM FITZGERALD: Really. TRUSTEE KRUPSKh Absolutely. JIM FITZGERALD: Is there one that I could look at? TRUSTEE KRUPSKI: Go to Cleaves Point in East Marion and you'll see some of the mistakes of the past that were made. JIM .FITZGERALD.: q'hese things that you .ust described would only apply to doCl~s on the bay, right? TRUSTEE KRUPSI~I: Not necessarily. We're only talking about this particular dock at this moment, not in general. Some are in general, but that this moment we are specifically referring to this location. Any other comment? Do I have a motion to Close the hearing? TRUSTEE POLI:WODA: So moved. TRUSTEE KING: Seconded. ALL AYES TRUSTEE POLIYV.ODA: I'll make a motion to DENY the application. TRUSTEE DICI<ERSON: Seconded. ALL AYES 23. Proper-T Permit Services on behalf of R.W. REINIGER requests a Wetland Permit to install post and rail fence 45'+/- overall length with top rail 4' +/- above grade; seaward end of fence to be at ordinary high water mark. Located: 3500 Lighthouse Rd., Southold. SCTM#50-2-1 TRUSTEE KRUPSKh Is there anyone who would like to speak in favor of the application? JIM FITZGERALD: The problem is that this property, as you can see here, ~s so close to the end of Lighthouse Road, and he gets a lot of activity on the beach, much of which is not stuff he wants to look at. I guess he got tired of taking pictures of them so he would ike to give some indication to the citizenry that it's private property that they are doing their thing on TRUSTEE KRUPSKI: Is there any other comment? TRUSTEE POLIWODA: I looked at this. TRUSTEE KRUPSKh It's the Board policy to permit an open fence of post and rail or less 8' above the high-water mark. 25 TRUSTEE POLIWODA: found your apparent high-water mark to be far off. There are many rack lines there, as you might expect, because the sound does rise and fall. The rack line was right up against the beach, basically onto the toe of the bluff. JIM FITZGERALD: That's not the ordinary high-water mark. TRUSTEE PQLIWODA: You can't really go with the ordinary high-water right there because it's all about public access up and down that beach. There are thousands of people that walk that beach. JIM FITZGERALD: Except it's private property. TRUSTEE POLIWODA: Your apparent h ~gh-water mark ... JIM FITZGERALD: Well you guys go out and you say, here is the high-water mark, and then we come here for another thing and the high-water mark is (inaudible). TRUSTEE KRUPSKI: Our policy is to allow something above 8' above the high-water mark. TRUSTEE POLIWODA: I've seen rack lines going right up to the bluff. JIM FITZGERALD: You can't consider that the high-water mark. The next time you go down there and you find water up at the foot of the stairs, give me a call. TRUSTEE POLIWODA: I've seen the average high-water mark maybe 20'-25' from the toe of the bluff. JIM FITZGERALD: Well is there someway of figuring it out because so much of what you do is dependent on mystical apparent ordinary average, whatever it is, high-water mark. TRUSTEE KRUPSKI: Ken, I don't have a problem with it if it's private property and it's above the high-water mark. TRUSTEE POLIWO DA: I think you should look at it though because the rack lines are up there and it's about public access and there will be an outcry. TRUSTEE KRUPSKh Ok, we'll take a look at it. I thought it was straight- forward. TRUSTEE POLIWODA: No, it's not straight-forward. TRUSTEE KRUPSKI: We'l all take a look at it. Can you meet us out there and we'll determine where high-water is. JIM FITZGERALD: For when? TRUSTEE KRUPSKI: May 15th. I'll make a motion to Table the application. TRUSTEE FOSTER: Seconded. ALL AYES 24. J.M.O. Environmental Consulting on behalf of LUCIUS FOWLER requests a Wetland Permit & Coastal Erosion Permit to remove two additions to an existing single-family dwelling, remove deck, remove fenced enclosure, to construct patios and to construct four (4) porches. Located: Equestrian Ave., Fishers Island. SCTM#9-3-9 TRUSTEE POLIWODA: I'll make a motion to Table the application. TRUSTEE DICKERSON: Seconded. ALL AYES TRUSTEE KRUPSKh We never made out there to Fishers Island. 26 25. J.M.O. Environmental Consulting on behalf of B.G. TREMAINE requests a Wetland Permit & Coastal Erosion Permit to demolish the existing s~ngle- family dwelling and construct a new single-family dwelling, garage, associated sanitary system, ramp, porch, pool, terracing and new gravel drive. Prior to commencement a staked line of hay bales and silt fencing shall be installed and maintained until completion of project. Located: Private Rd., Fishers Island. SCTM#7-1-p/o 2 TRUSTEE KRUPSKh I'll make a motion to Table the application. TRUSTEE DICKERSON: Seconded. ALI_ AYES 26. J.M.O. Environmental Consulting on behalf of PATRICIA RUSHIN requests a Wetland Permitto renovate an existing gazebo. Located: 6850 Indian Neck Lane. Peconic. SCTM#86-7-5 TRUSTEE DICKERSON: Is there anyone here to speak on behalf of the application? GLEN N JUST: I'm here on behalf of the applicant. TRUSTEE DICKERSON: I had a question on the gazebo. Is it just going to be renovations it's ,not going out beyond... GLENN JUST: It s not going any further. It's just a structural renovation in the exact same footprint. TRUSTEE KRUPSKI: Is it behind a bulkhead? TRUSTEE DIOKERSON: It's behind two. Any other comments? I'll make a motion to Close the hearing. TRUSTEE FOSTER: Seconded. ALL AYES TRUSTEE DICKERSON: I'll make a motion to Approve the application. TRUSTEE KING: Seconded. ALL AYES 27. J.M.O. Environmental Consulting on behalf of PAMELA MOTTLEY requests a Wetland Permit to construct a set of 4'X 5' beach stairs for beach access. Locatedi 6850 Indian Neck Lane, Peconic. SCTM#86-7-5 GLENN. JUST: This is got to be the easiest one of the night. TRUSTEE DICKERSON: I walked down the stairs and your saying... GLENN JUST: This is off of the lower bulkhead to get down to the bay beach. It's just to the right side of the gazebo. TRUSTEE DICKERSON: The pictures in the file show no stairs and I walked down stairs to get to the beach. GLENN JUST: There were a set, I have to say, between the bulkheads, that I saw that were laying there, and perhaps taken out during a storm. TRUSTEE DICKERSON Okay, that was my question because I walked down stairs to get to the beach. Any other comment? I'll make a motion to close the hearing. TRUSTEE KING: So moved. TRUSTEE POLIWODA: Seconded. ALL AYES TRUSTEE DICKERSON: I'll make a motion to Approve the application. TRUSTEE POLIWODA: Seconded. ALL AYES 27 28. J.M.O. Environmental Consulting on behalf of JEAN A. SAUNDERS requests a Wetland Permit to construct a 4'X 25' extension onto the landward end of an existing 4'X 40' fixed dock, a 4'X 30' extension onto the seaward end, a 3'X 20' ramp and 6'X 20' float to be secured by 2 piles. Located: 4322 Westphalia Rd., Mattituck. SCTM~113-9-9.2 TRUSTEE FOSTER: Would anyone like to speak in behalf of the applicant? GLENN JUST: I talked to Lauren the other day. The applicant has asked me to modify the project by remowng the existing dock and shifting it 14' to the west. I haven't had time to do a new drawing or take new depth measurements at this relocated site, so if you have any questions right now, I could answer them. Mr. King ~and I had been there last su.mmer to look at the depths but this is a different I~cation now. TRUSTEE FOSTER: This isn't the proper plan? 14' to the west. TRUSTEE KRUPSKI: Why? TRUSTEE FOSTER: Deeper water. GLENN JUST: (inaudible) I just wanted to see if there were going to be any questions because I have to re-do the plans. TR~USTEE KRUPSKh W. hat were our field notes on that, Artie? I think we felt that aramp aRd a ~loat would be appropriate but no extension GEENN J~.0ST: Where .th:e fixed dock is, last summer at exactly Iow tide, there was, no ~;ater wh~ts~3ever.r' (tal~ng) TRDSTEE KRUPSKI: The length is the issue here. Okay, we'll Table it. I'll ma~ a motion to Table the application. TRUSTEE KING: Seconded. ALL AYES 29. J.M.O. Environmental Consulting on behalf of LOUIS SIRACUSANO requests a Wetland Permit to construct a garage. Located: 895 North Parish Dr., Southold. SCTM#71-1-9 TRUSTEE POLIWODA: Would anyone like to comment on this application? GLENN JUST: Last but not least, the proposed garage out 100' away from mean high-Water and on the landward side of the bulkhead. TRUSTEE POLIWODA: I looked at this. It's landward of the bulkhead and I didn't se,e' any negative impacts. TRUSTEE K~u.PsKI: How about drywells and gutters on the house? GLENN JUST: On the existing house? TRUSTEE KRUPSKh Sure. TRUSTBE POLIW.ODA: This is on the road side. I didn't walk around the back. I'll make ] motion to close the hearing. TRU: DICKERSON: Seconded. ALL AYES TRUSTEE POLIWODA: I'll make a motion to Approve the application. TRUSTEE DICKERSON: Seconded. ALL AYES 30. Gary F. Olsen, Esq. on behalf of NElL SCHLUSSEL requests a Wetland Permit to construct a single-family dwelling, attached garage, deck and sanitary system. Located: E/s Stillwater Ave. East, Cutchogue. SCTM#136-2- 6,7&8 TRUSTEE KRUPSKh Is there anyone who would like to comment on this application? GARY OLSEN: I'm the attorney for the applicant, Nell Schlussel and the Estate of Schlussel. As this Board is well aware, we've been before the Board a number of times. Actually, I believe this started November of 1999 and we have approval from the DEC, we have approval, at the Board's request, we went to the Health Dept. and got approval from the Health Dept. and following the recommendation of the Board at out last meeting, the Board requested me to contaCt my client and see if we could add a third tax lot to the application and this property is presently under contract to sell and the buyer of the property actually is here tonight if you have any questions, and it has been agreed by the seller and by the buyer that we could add the third lot, which is owned by the Estate of Schussel, so the application now is to include three tax parcels. 1000-136-2-6,7,8. We've also had Young & Young reconfigure the location of the house and right now the house is setback 50' from the wetlands line. The sanitary system is located up and the edge of Stillwater Ave. You'll see that there is a septic tank and there are three cesspools. The southerly most cesspool is out of your jurisdiction. The southerly cesspool is within your jurisdiction. It's about 90' from the wetland line. The middle one is outside of your jurisdiction. It's about 105' or so. The northerly cesspool is alsO out of your jurisdiction. It's about 100' from the wetlands line. You'll see on the survey, wi~ioh: was dated January 30, 2002, there's a non-disturbarice buffer area of 3:0'. i'have talked to Mr. Mac Farlade, wt~o is the Contract Vendee, and he is amenable to having the buffer 40' instead of the 30' because he, does need room to get around the east side of his house to do work, and would be willing to have the non-disturbance buffer area 50' on the south side, extended around to the south side. We've done everything this Board has requested. If you look at the standard, which are set forth in the Code, I res pectf,.ully submit that what you have to determine is whether this application will affebt the wetlands, and it does not, it doesn't cause damage from erosion, it',doesn't cause salt water intrusion into the freshwater resources of the TowB, this project will not adversely affect fish or shellfish, will not increase the danger of flood and storm tide damage, will not advecsely affect navigation on the tidal waters or the tidal flow of the tidal waters of the Town, will not change the course of any channel or natural movement or flow of any waters, nor will it weaken or undermine the lateral support of other lands in the vicinity, it will not adversely affect the health, safety, and general welfare of the neigflborhood. This parcel now with three tax lots, is actually one of the bigger parcels in the area. To the north of us, there is a house that went up about 1987 built by Michael LoGrande and believe I gave to your office a copy of his Survey because I had been asked to submit how far that house was to the'wetlands, and that's it. If you have any question, hopefully we can answer them but we've done everything the Board has asked us to do. This is priva~.e property. This is not a Town park. If the Town does not approve this application, in effect it's condemning this property. Mr. Mac Farlane is here to answer questions and also Thomas Wolpert, who is the engineer, is here to answer any questions on the design of the survey. TRUSTEE KRUPSKh Thank you. Is there any other comment? CARL VAIL: I'm representing neighbors adjacent to this parcel. I have a letter, which we made up and I'd like to submit it to the Board (letter on file) TRUSTEE KRUPSKh Thank you. PETER BELL: I submitted more petitions to your office and that puts us over 1,050 signatures on these petitions that tell you that the neighbors want the Town to buythe land. We're not looking to take anything away from the Schlussels. We wanttheTown to reimburse them. We think that's the property solution to it. I realize that that's not in your department. I think you should know ~bout our Concerns and that you adhere to the rules regarding variances and setbacks. We think if you do that, to some extent, it would set some kind of example so that !his pressure stops on these margi'nal pieces of land and that the w idlife in the~se ~reas is protected; I don't kn0~v what else to say except that.I think that the,wishes of the 1 050 people in this Town should be of some value. CHRISTINE GRETSCH: I own the 5 acres across the way from this house and just 'l~)Okiag at this house, just looking at this house, and I just roughly measure~t it, it's a;hundred and something feet ong, and ook ng around the area, my house is 35' and the :barn is also 35', this is going to look like a hotel on a little islanld. This morning I noticed we had birds that were nesting over [here. ThiS is all going to be destroyed. I'm new to the area, I've only been here 7years. Fm just starting to understand, and when I went to put up my barn, they;pushed, it back 110', and luckily I had the property, but I don't understand how this can be allowed to go on. It's 100' long and t's very narrow so I highly object to it. TRUST;EE KROPSKI: Thank you. NEIGHBOR: I'm the adjacent property owner and share her exact sentimer~ts. It will look like a motel. Just by looking at the plans visually, you need a raj,lance for every corner of the house. That in itself tells me sor~eth!r~g is very wrong. Also, there is no house on that road that is 25' from the road and I l~no~w, that is not your jurisdiction but there are also no houses that areqOite tb~at lo,rig either. I have a very small ranch and the neighborhood consists'of Yery modest homes and this will be like a huge motel-like eyesore. also ~anted t~ go on record that I agree with everything that has been said before and for ~he last two years. TRUSTEE KRUPSKI: Thank you. RAY HUNTIN'FON: I'm Speaking for the Fleet's Neck Property Owners Association. vv:e gerta inly appreciate your efforts. Two years ~s a long time to work oB a project and I know you worked hard on it too. We also know that as you ad~lre~sed'these situations, your decisions have to be supportable so that we don't reverse them in a court. So, I can sympathize with the task that you have before you. At the same dme we definitely oppose approval of this application. I believe the homeowner's association letter is in the file on this matter. The lot is about half underwater, its on about 30' of wetlands, the surveyor has done a good job on the plan, (inaudible) but look at the deficiencies. The elevations for most of the property are quite Iow, the cesspools are shoehorned in between the house and the road, and the house is only 19' off of the road line. In the letter that I oust described (inaudible) the whole Peconic Estuary Plan was for the (inaudible) in order words there are only ...(inaudible) so we're talking about a very special problem here. This proposal can be stopped right here by the Trustees. And if not here, then where? Are we going to entrust these kinds of thingsto the Zoning Board of Appeals? Th~s is a very sensitive environment. Now I think it's necessary that here you stand your ground according to a charter that's been upon this Boar, d for a very very 10rig time. (inaudible) These are our last opportunities. There s only 57 of'thegn. We urge you not to Approve this particular: applica[ion. Thank you. TRUSTEE KRUPSKh Thank you. Anyone else? KEVIN MCALLISTER: Good evening. I'm the Peconic Baykeeper. Ill may, I'd like to speak to the larger picture and then talk about the application specifically; As you know, my credentials include undergraduate degrees in Ma~-ine Biology, aswell as natural resources, conservation, and a Master's De~ree in~ Coastal Zone Managing. Really, what that does is tie together the land use and water quality. I do have considerable professional expenence ~n tha~t field and specifically'to shoreline management. You heard some of the v~lu~s and functions of wetlands. The woman before us spoke on wading bir~ls utilizing this area. Obviously it's important habitat. Wetlands provide enormous filtration capacity for the freshwater draining into.the basin, want to s.[oeak to sea-le~l rise. Clearly that is happening. I know there has been a number of studies released in the last couple of years that are speak ng to factual basis o[ sea-level rise and I believe on the Order of up to half a foot the nex~ 50 years. When you look at a vertical rise in that magnitude, that's enormous whe~ you're looking horizontally to that. We've evolved in the 25 years, ol~viously the development pressures have been going up. Going back in tlme, let'S say in ghat time frame the constraining parcels weren't really pushing the envelop~, so to speak. We had uplan:d sites that could be developed. We're running out of upland sites. Obviously in-my opinion, and I think everybody in this room should share this, the east end if being sul~urbanized. Incrementally, but it's happening. It's been happenir~g over the asr 25 years. So these marginal parcels are coming nto p ay Mr Olsen spoke of the fact that the DEC has issued a permit on this. I want to share with you ~briefly, going back a year or so ago in the Village of North Haven, there was a DEC permit for a pretty similar condition to ~his site. I stood shin deep in flood tide waters on a. particular day where physically the home site~ would be and.this was aboutS0' buffer off of the actual tidal wetland area. What's happening is, in that particular agency, they are failing us, and that's my personal 0pinion on. the DEC. But, they're assuming that this Board will do the right thing. So, they take the easy road, issue that permit, and they pass the buck and mal~e it a very difficult position for you folks. We spoke on wetlands and obviously those lines are delineated by the vegetation. We have to start working with a broader picture there, and that includes buffer zones. One element I didn't really speak to, and really this goes to the ecology of the whole base and the whole estuary. If you look at these tidal creek to the arteries of the system. We have to allow for expansion of our bay waters to define their own limits. To allow through the experts and the material, the organics coming off the land that really drive the base of the food chain. Between the carbon and the nitrogen, that is the basis. Specifically this home site, we are looking at a 30' buffer or tonight that might possibly be expanded. It clearly doesn't meet your criteria. Again, 1 think, as was pointed out, we have to recogmze that we are pushing the envelope here. On the South Fork, in a meeting last week, and it really actually counterparts, there was a comment when lwas speaking to bulkhead and dock issues and the need to;be more progressive i~ thinking along those lines with respect to policy ar)d legislation and it was suggested to me that "thehouse is ou~ °fthe barn" or maybe t's too late. I can't give into that fact right yet. I would submit'l guess using clique terms it's tir~e to s;top pead nj S° as aboard, recegr~e aga; n. that we're putting a square peg into a round hole here. ased.~n your criteria and obviously tl~e nten~ to protect Va uable habitat and the health of ou~r waters, ~,eny this applicati0, n. Than,k,.you. , OBERT MAC FARLAN E: I r~ the Contract Vendee. I m also the CEO of a corporation Called Homes forAmerica Holdings. Homes for America Holdings buil'ds develc~.p?, :he!ps urban centers throughout the United states in terms of their r~vitalba~i°~ ~e are currently working in Yonkers on the waterfront, Fort Meyers, Florida, we'll be doing a project (inaudible) in Hartford soon. These are large si..t, es which you need to have pursued the condition that you're doing Well ~d yc~u~re doing thilngs properly. I also sat on a forum at Pace UniverSity atthe;it' Environmental Center. That forum s in hopes of gett ng public groups SuCh: as yourselves and individuals and getting them closer together, d0n~t know how successful we'll be but there's an atteml~t. This site is an acre and aha. lf'tlarge. In fact we have an aerial ofth Sste an~t' the adjacent siC:eS. This ~ite is cons derab y arger thani most Of the s t~s at hand We were asked tO: bring on the third site, we forward, and we we~t ~o contract on the third~ Site. I think the Sqhlussel family probably haS,had this !~ite for twenty to tWenty-f; ve years They have been pay ng taxes for twentY/to twenty- five years. There have been some po,nts brought up this.,evening oh the profit of Schlussel. I doh't Know when they paid $60 000 l~dt if;they paid $60,000 twenty years ago, I wou Idn't consider what they're S,e ng ,t for toda~y a profit. I don't think [hat'~ an issue, but I wanted to bring thai ~p The s ze d~the house, we're perfectly happy, by the way, I appreoi~e everyone's domments here this evening, but by golly, we're not trying to build a 20 stow g~ass structure. A 40'X ~50', not 100', that's the size we would 'be happy w~th. We already received DEC approval. I'm going to assume that the reasdn we go through the Steps is to gain approval from the appropriate bodieS. ! don't have the wisdom,_ nor the education of this gentleman, in terms of his ma~rine biology. So, I can't address the site by if there's going to be a potential increase or twenty years or a hundred years. The house that we have asked to build here, as good neighbors, my wife and I, grown daughters all gone, wife born in Sicily, we look at cracks to clean. I would think we're good neighbors. What we would like to do is build a sensible house in common with the neighborhood, backed off of the wetlands, An an appropriate fashion. Tom Woipert from Young & Young has an aerial, which we would like to show you. That aerial shows the size of this lot, where the house would go, and where the other houses are around there. This is an attempt to designate a piece of property for a specific purpose. For that purpose we try to adjust ourselves. We added the third lot, we pushed the house at the end, not to obstruct or minimize any obstrucbon of any views. You can't just say, ok it's a park. For that matter, why don't we make the entire peninsula a park. It would make a great State Park. If you don't mind, I would like to ask Tom Wolpert to step up and show you the aerial. TOM WOLPERT: This is the aerial photograph that was based on :the photography taken in 1999 and on this we've superimposed a clear plastic copy of a portion of the survey that that is the su,b,!ect of this application. It may be'a I:ittie difficult from where the Board is III bring it up. Basically, the sul~ject Iotis a 1.4 acre parcel and th s b ack area den~)tes the pro,~osed location of the house. This is the outline of the 1.4 acre parcel sinde the addition of the third lot. This is the proposed 2200 sq.ft, house. I just have a few other com,m..ents. It's already been stated that aver the past 2 ar 3 years w~ve secured the approvals of the NYSDEC, the Suffo k County D~pt of H~alth se~ices, ann '[thought we were .close to obtaining the a~,p,r,eval from thIs Board:ba;~kin Becember of last year. Flowever at the Board s~ggestion,, We now added an additional 20 000 sq. ft. to the subject property w~ich esSen~tially beings the area of the subject parbel from what w~s previously;42~,8~3 sq: ~t. to presently 62;73~ sq. ft. That's a 46% increase in the land area of. ~he ~bjec{ parcel. The footprint of the house has increased, not qUite as much as what previous speakers have indicated, bat w!e have gene from;proposed 1,800 sq ft. of footprint to 2211 sq. ft., which re, presents, not double the Size, but 23%. The proposed lot covered has gone down based on the:fao, tprint and the total lot area, from 4;2% to 3.5%, Tt~ese are al at[erupts to r~ak~ sigr~ f cant gains in the credibility of th s ap~) cat c~n The house remairis ,at 50' as does the proposed non-di~turbance; buffer; which with the previous ap..plication, it was 30' and rema!ns at ,30' although if we make som,e adjustme;nts we may be able to get 40 of no~-disturbance barfer. That s all the .c~rnments I have unless the Board has any questiens~. TRUSTEE; KROPSKI: Thank you. Anyone else? I guess I'll make abe comment.. Itrs an answer to many comments that were made. Fve ~een on this Board for a long time and it seems like you always think there can't possibly be another undeveloped waterfront lot out ~here. Impossible. We go all around the -Fawn every month But, ~here's a ways another one i and I gu:ess there w :aways cant nue to be ahother one. It seems imposis b e We work with a lot of property owners on a let of difficu Et properties, of course some of them more satisfying projects tern out to be ones that the r~eighbor's purchased because they didn't want to see the lot developed. It's ha ppened quite a bit locally, especially in Peconic. There were a number of parcels bought by the neighbors. I've worked on the Board of Directors of the Peconic Land Trust, and it happens on Shelter Island quite frequently, it happens in Southampton quite frequently, where the neighbors just simply do not want to tolerate another neighbor, they don't see another house, they don't want to see other people and they purchase the property. I don't know if that's still an option here. I don't know if anything could be worked out because every community benefits when that piece of property has a conservation easement on it. Besides that, we've worked with a lot of difficult pieces of property over the years. We've had quite a bit of experience with this. Arties, what's your feeling on it? TRUSTEE FOSTER: Well probably for the first time in my life, I think I'm lost for words. We've been dancing around with this for a long time. These people have met ever requirement we asked of them right from the beginning so don't know what to do at this point. TRUSTEE KRURSKI: Well we have to vote on this tonight. TRUSTEE FOSTER: Unfortunately we have, I think we're in a position where if we don't approve this application, s~nce all of the requests were met, I think we have to be prepared to purchase the land and due to lack of support by our To~zn Board with certain funds available for this, don't think we're in a position to do that. I guess you have to vote your conscience. PETER BELL: We brought this question up about buying the land with the Town Beard and there seems to be some kind of division amongst the Town Board with Mr. Moore who said that the Board can be proactive and can go out and ask the owner of the property to sell it to the Town and another person on the Board felt that you can't be proactive and that you have to wait for the owner to come to you. I've been in touch with Fred Thieles office in Bridgehampton, who is an assemblyman and has a lot to do with the transfer tax mechanism and the regulatory bodies that are set up for each town has to have (inaudible) and their office has assured me that the Town can be proactive and can go out and ask people if they wantto sell their land to the Town. I'm going to go to the meeting tomorrow night and bring this question up. I don't how I can relay it to you people if you can wait a while, wait a month, or a couple of weeks before you make a decision so we can try ironing it out because one of the people who helped write this law says that the Town can do this, and I contacted people in other Towns who say that their Board does the same thing. They see something that the Town wants and it's beneficial to the people of the community, they approach the owner. You don't have to wait for the owner to approach you. So this is the question that has to be decided by the Town Board yet and they could possibly do it within the next couple of weeks. Then, the question that you raised, could be settled in some way. TRUSTEE KRUPSKh We're always happy when someone steps in and takes the development pressure off of the Town. It makes it easier for this Board, and the development pressure in Town as a whole. No one wants to see the 34 Town developed any further. But, the reality is, we've asked the Town Board to purchase a piece of property in Mattituck that a significant drainage problem exists there that really increases the water quality of Mattituck Inlet, and we've been after them for years to do something and we can't get them to put the money down. PETER BELL: Well maybe things have changed over the last couple of months or so. I don't know. We tried to show that the people of the Town want the Town to buy the property. There are 1,050 signatures there. That's not beans, it's people who put their emotions and their beliefs on the line and signed a petition to ask the Town to buy the land. We can't do anymore but show how people want this done. As I said, we're waiting to approach the Board tomorrow. We'/ see if something can be done in a couple of weeks or maybe a mdnth, then we can come up with something. We approached the Peconic Land Trust and they expressed interest. They're trying to come up with some kind of a formula that they could propose to us that we can try to get into. I don't knowwhat else to say. TRUSTEE KRUPSKI: The Peconic Land Trust would have to work with the owner. PETER BELL: Right, so would the Town have to work with the owner. We tried [o get the Town to recognize that these regulatory agencies are set, up by the Board and the Land Preservation committee, or whatever they call it, can be proactive, and they can approach the owner. Mr. MacFarland brought the point of being a good neighbor and so on and so forth. We're not against neighbors. If you've had experience in building these immense properties, find a p~ece of land that you can do that. Don't come here on a little piece of property and try and plant something that doesn't fit. RAY HUNTINGTON: Perhaps I could clarify this issue of pro-activity. Certainly the Town can be proactive in terms of purchasing or buying development rights or purchasing fee title. The confusion may have arisen over the idea that it has to be voluntary. The owner has to be willing to sell it and the Town has to be willing to buy it or some arrangement has to work out that is voluntary. There are a number of arrangements and the Peconic Land Trust is very good at coming up with, and I hesitate to call them unique solutions, but they are very close to being unique because they deal with a particular piece of property that's involved. But who contacts who first is not a people. Who agrees is the whole problem. GARY OLSEN: You and I had discussed this a couple of days ago about whet~ er the property was available, and the property is not. The property is under contract and this Board should not be put in a position of interfering with the seller or the contract vendee's contractual rights. We are presently under contract and the property is not available. It's no secret that this property was for sale for a while. I think Mr. Vail mentioned that in one of the prior hearings, that people would come and look at the property and leave. Everybody knew this property was available and if the neighbors wanted to buy it to protect themselves so no house goes up, it was there for the offering. All they had to do was make a reasonable offer. My clients have owned this property for 35 almost 30 years, I checked the record, in fact somewhere arouncJ 1977 or something, and they have been paying taxes on this property. There is now public water, we have Mr. LoGrande, and I know you all know who he is, he has his house on a much smaller piece of property to the north of us. First of all, I think to use the term I've heard thrown out tonight, that we're looking for an exception for this property, well we're not ~ooking for an exception we're looking for your approval and the reason is that because this project falls within your jurisdiction. If it didn't fall within your jurisdiction, we wouldn't be here. You have criteria that you have to address and when we first started this thing, your jurisdiction was 75' from the wetlands and now it's been jacked up [o 100', but even atthe 100' setback line, the critica/thing in this project seems to me, is the sanitary system because everyone is afraid of fluent going into [he creeks and the wetlands and affect the shellfishing and so on, and with out three cesspools, we're out of your jurisdiction, with the exception of, one, which is darn close to being out. It's within 90'. I don't know why this is becoming so complicated and so difficult other than, you know, We have active.neighbors tha~[ are sending, petition's around and putting t?,ern 'up in 7-11 an:d fn the Stores and so on,, bu~ it ~ net a quest, ion of number~, it s a question of ~hai is right, and there s n~thing:.~ the guidelines where this pr°j~ct iS going:to ~dversely effect any of the thir~¢s this Board has to consider, and I'a~k f~r yoSr approva An~l again, we~ve gone through a lot of hoops and all' the hoops we:jumped through we did be~;a~Jse this Boa,rd_asked us to a~d we've go;~ten a;]pPro~/al and a 10t:(~f money has been spent t s very easy for peep e to say we'll he on y spent $60,000. I don't know if that number is right, but we'll ask Mr;~Vail, who has a house across the street, what he paid for his house and wou~d he be happy to have someone pay him back what he paid for it and ignontng the 'ncreaSe in market value when we know what's goieg on out here. Prices are going crazy. I do a lot of real estate and prices areij~st going nuts in this Town. The i'eason that there may be only 56 other parcelS'that comply (inaudible) I don't even know how this parcel does, but if you leek at this aerial photograph it's because every ether piece of property has a house on it already, and the reason is, people IO?e having houses on the ware?including the woman who owns 5 acres acros~s the way ook ng over at th s .~iece That's a ;have to say. We're under contract and this Board should ~ot be put in a position Of interfering with our contractual dghts. TRUSTEE KRLIPSt(I: I don't think we're feeling that pressure it's just that we try to look at every Opportunity when we look at a property, that's all. We're just trying to explore everything. We have on other parcels also, not just this one. What do you think Jim? CARL VAIL: I just want to say one more thing. TRUSTEE KRLJPSKh Let's let the Board have a comment first. TRUSTEE KING: I just wish the house could be downsized a little bit. TRUSTEE KRUPSKh That was the comment we had in the field. The house was substantially larger. MR. MAC FARLAND: We are okay with downsizing that house. Again, something in the 40'X 50' range, certainly not the 100'. The design that was ~n there, I asked the engineer to please lay out what the extremities of the house could be. That's why that house has all these jogs in it. It just follows where we could build. I'm here to say, we would be more than happy with a 40'X 50' house. We don't want to build the Taj, I'm not trying to do that. I want to build down the middle of the road, what's appropriate for the neighborhood. TRUSTEE D/CKERSON: I just want to say something. I've been on the Board now for three months and I came into this position because of houses like this and seeing them in my Town hopir~g to do something about it. Unfortunately ~n this situation however, 1 came in at the end of a two year process and initially when this was first brought to my attention ~y initial gut feeling was to ~ disagree but again, it's ~een a process that s been ongoing and I think we re near the end, I think with some compromises on size and buffers. I do hope and even now looking into preventing this from happening again, but again, it's been a two year process, it's been worked on, these pe~ople have gone througi~ all the hoops thatwe're set up prior to my coming into thiS, ~ut it's something that I weutd like to see happening less and less. Bu~, I don't know if it's appropriate at this time. TRUSTEE'POLIWODA: You know. my voting record. I don~t compromise the Wetlands. I haVen'.t given out a permit application for a septic syste~n within our jurisdiction. This application falls within 90' of the wetlands. I'm con~sistent and I deny the~e~ype ~ p:ermi~:s and all of the consultants know that a ~o You need a minimal of S0' setback from the wetlands. This property has that possibility and it may have a possibility of puShing that septic eut to~ 100'. If those plans are drawn I'd be more inclined to be favorable and as c}f right now, I'm sit,ting ~before the Town Boa rd and asking them to change the TDwn Code to, a 50' ~e~back 0ff Oflwetlands and 100' Setback for the s~ptic and~ it would be hypocritica~l if l vot~l:~es" on this. That's about it. TRUSTEE KRUPSK ::Any other brief comment? CARL VAIL: I just,-thi:~k you gentlemen are under the impression that length of process is .a guar~ntei~b of approval. I think you should re-examine that idea I ~neari certainly w~'ve.spent as much time opposing this issue as Mr. Olsen has spent p~oposing it and of course his comments were about our petition, but his coming down here~and applying for a permit put this in the ~ublic arena, so we do havea right to protest this and bring this before the Board. That's ali I have to Say about it. Thank you. TRUSTEE KRUPSKI: Do have a motion to close the hearing, unless you have another comr0ent? TRUSTEE FOSTER: Well when we first started this, we all went out, and we spent a lot of time talking amongst ourselves about this whole process of this particular application. First we wanted more from the wetlands, and we got it. One thing I feel very strongly about not being is not being similar to,the Planning Board where every month when you go in there, they g~ve you one more thing that you, have to do so you can come back the next month, and before you know it, it's two, three, four years and many applicants are bankrupt because of the process. So, we all talked about this. We asked for more distance from the wetland, we got it. We asked for cesspools ;far back from the wetlands as we could get them and we all agreed on what was given us. We said if the Health Dept. would approve the application, we would approve the application. Never in a million years did I think the Health Dept. would approve it, but they did. Well now we're out in the wind again. So, the next thing is, well include the next lot, and we agreed that if they included the next lot, we would go along with that and approve it. Well the next lot is in there. Now, environmentally I'd like to say I don't think this thing should fly. But morally as a Board, having met everything we've asked them to meet, I don't see where we have any choice. They did everything we asked them to do. Kenny, even the cesspools, we talked about that and you agreed, and understand how you feel about it and I'd like it to bethe same way, but we can't say yeah we'll do it and then when they do it, turn around and say 'M, ell..." we all agreed'that wewere going to do this. You can all vote anyway you want butl think I have to be a.person of my own convi¢io~ and when I said this is way it was going to ge ~f everything was met I think that, s the way I'm going to vote. $0, I don't thinkthat we have the right to'turn around, and try to come up with another reason Everything that We've asked for has been given. I don't want to. be shot when I leave here tonight eit~r, but tl~at kind of teils you t~ow l'm going to vote. You can all vote the waY Y0Uj want_ ~l-he only comment I had when we went out and looked at that ,last we~k, when I opened this plan and saw the size of this house, that Wasn't in there:iJnitially!, But ~the man Said he was geingto dOWn size the house. So, I would say if ~e could see a: little down sized house, personally I feel I have to v°te "yes" ¢or it. and for the reasons I stated. TRUSTEE KRUPSKI: Why don't you make a motion He can get a smaller house and a bigger buffer. TRUSTEE FOSTER:'~ They agreed to go another 10' right? TRUSTEE KRUPS~KI~ Right. The original was 30'X 60. TRUSTEE FOSTER~' He wants 40'X 50'. TRUST.EE KRUPSKI: I think 30'X 60' would fit in better anyway because it's a narrow house. TRUSTEE FOSTER: Actually, I think what the shocker was the way the house a little protruding out and jetting. Originally it was kind of a rectangle, think the 40'.was agreed to right? TRUSTEE KRUPSKh Right, because it shows a smaller house. So you have to make that motion TRUSTEE FOSTER: Do I have a motion to close the hearing? TRUSTEE KING: So moved. TRUSTEE DICKERSO,,N,: Seconded. ALL AYES TRUSTEE FOSTER: I II make a motion to Approve the application with the sti pulation that the non-disturbance buffer be increased to 40' and that the new plan be subm ~ed showing a slightly smaller dwelling, 40'X 50' or less and no~n-turf on the water side of the house. TRUSTEE KING: Seconded. TRUSTEE KRUPSKL TRUSTEE FOSTER, TRUSTEE KING, TRUSTEE DICKERSON: Ayes TRUSTEE POLIWODA: Ney $8 31. Costello Marine Contracting Corp. on behalf of JAMES MILLER requests a Wetland Permit to construct a 6'X 40' ramp continuing with a level 6'X 110' dock and ending with a 6'X 24' "L" dock pointing northeast. From the "L" dock, installing a 32"X 12' ramp leading to a 6'X 20' float, and install a 15,000 lb. boat lift on the southwest side. Located: 1610 Paradise Point Rd., Southold. SCTM#81~3-19.4 TRUSTEE KRUPSKh This is a dock in the bay and we've been instructed by our Town Attorney to do SEQRA on docks and jetties and things of that nature. RESOLVED by the Board of Trustees of the Town of Southold that the applicatic~n of James Miller, more fully described in the public hearing section ~L3~I of the Trustee agenda dated Wednesday, April 24, 2002, is pursuant to the SEQRA rules and regulations an Unlistec~ ActiOn and be it further F~ESOLVED that the applicant is required to submita Long Environmental Assessment Form. and be '4 further resolved that u pon receipt of~he Long Environmental ASsessment Form the clerk of the Trustees iS hereby directed to commence a Coordinated review pursuant to SEQRA. Do I have a second on that?. TRUSTEE KING: Seconded. ALL AYES 32. Diaz Contracting on behalf of DOROTHY & LOIS ROTAR request a Wetland Permit to remove window and instal double French doors and construct a set of stairs. Located: Peninsula Rd., Fishers Island. SCTM#10-3-24 TRUSTEE KRUPSKh I'll make a motion to Table the application until we make an ir~spection. TRUSTEE POLIWODA: Seconded ALL AYES 33. James McMahon on behalf of the TOWN OF SOUTHOLD requests a Wetland Permit to remove a dilapidated wood frame building and construct five off street parking spaces. Located: Route25, Southold. SCTM#56-4-16 TRUSTEE KRUPSKI: Is there anyone who would like to speak in favor of the application? I had a conversation with him in the office the other day about this. He was questioning the buffer zone. His claim is that a 50' buffer zone would eliminate two of the five parking spaces. TRUSTEE POLIWODA: I don't think you'll have three people parking there. TRUSTEE KRUPSKh Is there any other com-nent? E3o I have a motion to close the hearing? TRUSTEE FOSTER: Seconded. ALL AYES TRUSTEE POLIWODA: ['11 make a motion to Approve the application however there will be a 50' buffer created from the wetland delineation line, after removal of the building. TRUSTEE DICKERSON: Seconded. ALL AYES 34. Heaney Marine Construction on behalf of JAMES CAVANAUGH requests a Wetland Permit to rebuild the existing 6'X 24' floatin~ dock, 4'X 16' ramp and re-sheath from behind approx. 104 linear ft. of bulkhead using C-Loc vinyl sheathing. Located: 205 Gull Pond Lane, Greenport. SCTM#35-4-28.39 TRUSTEE KRUPSKI: Would anyone like to speak on behalf of this application or against the application? TRUSTEE POLIWODA: Are we going to change that to 6'X 20'. TRUSTEE KRUPSKI: Right, and with a 10' non-turf buffer. Do have a motion to close the hearing? TRUSTEE FOSTER: So moved. TRUSTEE DICKERSON: Seconded. ALL AYES TRUSTEE POLIWODA: I'll make a motion to Approve the application with a 6'X 20' floating dock, 4'X 16' ramp and resheath from behind approx. 104' of bulkhead using C-Loc Vinyl Sheathing, with the stipulation that there be non-turf buffer behind that bulkhead. TRUSTEE DICKERSON: Secondea ALL AYES 35. Swim King Pools on behalf of JOHN JOY requests a Wetland Permit to install an in-ground swimming pool with hot tub 16'X 40', built 24' from the bulkhead, 8' from the south side and 26' from the north side of the property. Located: 1330 Deep Hole Dr., Mattituck. SCTM#115-12-18 TRUSTEE FOSTER: Any comments on this application? Any comments from the Board? TRUSTEE KRUPSKh We thought that the pool was too close there, and maybe they could swing the pool over it would be a lot further away from the wetlands. TRUSTEE POLIWODA: don't know if we could make that stipulation without a new plan showing that pool swung around. TRUSTEE KRUPSKI: We would only Approve it subject to getting a new plan. TRUSTEE POLIWODA: I don't know, it's a major change ~n plan. TRUSTEE FOSTER: Al [hink it had to be cut down in size too, didn't it? TRUSTEE KRUPSKI: Slightly, but this is only penciled in on the survey. TRUSTEE POLIWODA: recall from the field notes that's there was a 15'X 40' request and then if you swung it around, it would actually end up being 30' wide. TRUSTEE KRUPSKh Right. TRUSTEE POLIWODA: We can stipulate a distance off the bulkhead. TRUSTEE KRUPSKI: I think you have to keep it 10' off the house, which it is now, but swung around, it's got to be kept 10' off the house. You can double the setback. TRUSTEE POLIWODA: Do you agree with that? JOHN JOY: I'm trying to understand what you're talking about. TRUSTEE KRUPSKh Can you come up and take a look and he'll show you right on the survey. TRUSTEE POLIWODA: This should be swung around (talking quietly with John Joy). TRUSTEE KRUPSKI: We're trying to maximize the setback of the pool off the wetlands. 40 TRUSTEE POLIWODA: Is there a pool setback off of the house? TRUSTEE KRUPSKI: Not that I'm aware of. This will also have a condition of a drywell for the backwash. TRUSTEE POLIWODA: Any other comment? If not, I'll make a motion to close the public hearing. TRUSTEE KING: Seconded. ALL AYES TRUSTEE POLIWODA: I'll make a motion to approve the application to install an in-ground swimming pool with hot tub 16'X 30' approx. 48' from the bulkhead. TRUSTEE DICKERSON: Seconded. ALL AYES 36, Meyer Home Remodeling on behalf of RUSS MEYER requests a Wetland Pe~:mit to add a second floor to the existing residence, first and second floor decks and covered porch. Located: 6815 Soundview Ave., Southold. SCTM#59-6-1 TRUSTEE FOSTER: Any comments from the audience? RUSS MEYER: I'm just here to answer any questions you might have on this. TRUSTEE FOSTER: I looked at this, There is no major change in footprint of the building, is there a house plan there? TRUSTEE KRUPSKh No. TRUSTEE FOSTER: Do you happen to have one with you? RUSS MEYER: Yes, TRUSTEE FOSTER: think there's a jog off of this one corner and they just want to square it off. RUSS ME~YER:, Away from the water, in the front of house facing the road. TRUSTEE FOSTER: This is all existing here and it just goes up with a second story and a newface-lift for the front of it. There's already a silt fence up there, but they'll need a row of staked hay bales, also said gutters and doWnspQuts with drywells, I'll make a motion to close the hearing. TRUSTEE DICKERSON: So moved. TRUSTEE POLIWODA: Seconded. ALL AYES TRUSTEE FOSTER: I'll make a motion to Approve the application with the condition:s of a row of staked hay bales placed in front of the existing silt fence and: that roof gutters and downspouts with drywells to catch the run-off be installed. TRUSTEE DICKERSON: Seconded. ALL AYES 37. Sanford Hanauer on behalf of ROBERT ERENTHAL requests a Wetland Permit to expand the existing residence by 60 sq. ft. on the southeast side and to construct a trellis. Located: 19575 Soundview Ave., Southold. SCTM#51- 4-11 TRUSTEE FOSTER: Any comments on the application? This is probably the most minimal thing I've ever looked at. TRUSTEE KRUPSKh Is there any comment? TRUSTEE FOSTER: Any Board comments? Do I have a motion to close the hearing? 4] TRUSTEE POLIWODA: So moved. TRUSTEE DICKERSON: Seconded, ALL AYES TRUSTEE FOSTER: I'll make a motion to Approve the application. TRUSTEE POLIWODA: Seconded. ALL AYES 38. Charles R. Cuddy, Esq. on behalf of ARTHUR W. & FRANCES JU, NE LEUDESDORF requests a Wetland Permit to construct a stairway down the face of the bluff to access the beach. The stairway shall be approx. 4' wide by 130' long with landings 4' wide by 4' long at intervals along the length of the stairway. The landing nearest the beach shall be 6' wide by 8' long to accommodate a storage box. Located: 1700 Hyatt Rd., Southold. SCTM#50- 1-5 TRUSTEE FOSTER: Is there anyone here on behalf of the application? Mr. Cuddy? CHARLES CUDDY: I'm here on behalf of the applicant and Mr. Leudesdorf is to my right. I would like to hand up to you the affidavit of posting and affidavit of maili ng, also the plan itself, that you all should have copies of, 1 have a statement from the soil and water conservation district as to the stability of the bluff, and also the full permit that was issued by the DEC. ARTHUR LEUDESDORF: It's simply a 130' stairway down the bluff, on a very stable bluff. It has five intermittent landing on it. It's been approved by the DEC and I believe it's appropriate for that area. There are other stairways very simila'r on houses nearby and I would ask the Board to approve it. TRUSTEE KRUPSKh Thank you. Any other comment? TRUSTEE FOSTER: I looked at it. I didn't find it to be anything out of the ordinary. Actually it's in a valley. It follows the valley right down. It's not a really ~teep set of stairs at all. There is minimal disturban ce there. They have it all staked out. walked down and took a look at it and I don't see a problem. It's no. different than any other stair application. Do I have a motion to close the headng? TRUSTEE DICKERSON: So moved. TRUSFI'EE POLIWODA: Seconded. ALL AYES TRUSTEE FOSTER: I'll make a motion to Approve the application. TRUSq'EE POLIWODA: Seconded. ALL AYES 39. En-Consultants, Inc. on behalf of JAMES GRATHWOHL requests a Wetland Permit to construct a two-story, one-family dwelling with attached porch and pervious driveway; install a sanitary system with apprex. 240 cy. of clean sand fill to be retained with concrete retain ng walls; connect to public water service; and establish a 25' non-disturbance/non-fertilization buffer adjacent to the today wetland boundary. Located: 545 Williamsburg Rd., Southold. SCTM#78-5-16 TRUSTEE FOSTER: Any comments on this application? JAMES GRATHWOHL: Ladies and Gentlemen, I'm Jim Grathwohl, and I thank you for your time. As you know this is our second appearance. We have considered the concerns and the questions that the Board expressed in 42 January. We've addressed those concerns and we feel we have adequately answered them. As you recall, I already have the required DEC, County Health Dept. and Suffolk County Water Authority permits, also remind you that I'm a native of the Town, I've owned the property for over 35 years and currently intend to build a modest retirement home there. I believe have a credible application and trust you will too. would like to call on Rob Herrmann of En-Oonsultants and Wayne Bruin, my attorney, to provide the additional details of my application. ROB HERRMANN: I'm first going to submit to the Board a couple of cover letters with attached information, most of which was faxed to your office yesterday, but I'm going to go Over it this evening and discuss it withthe Board. Just give me a minute to hand them out. At the last hearing in January, we' had discussed at length, the various technical issues which surrounded this application, as far as the applications meeting the Board's standard fora permit issuance under Chapter 97 of the Town Code. The focus of the conversation was on the sanitary system, it's functioning, and it's potential ?pacts on the adjacent tidal waters. Frederick Keith of Sag Harbor Engineeringiwas here to testify before the Board with regard to that technical inf(~rmation.-Mr. Keith 'had described, and I will not atter~pt to summarize his technical:information that is in the record before the Board in this formal engineering:-r, eport, but essentia!ly a concept that the Board had- responded to with the id~a (hat as per the Suff~)lk County Health ,Dept. standards, when you have a site like this with unsuitable soils, particularly clc~se to tidal waters, all of the "unsuitable" soils need to be dug out, excavated and replaced with much more pervious sand. What Mr. Keith was describing to the Board iq effect, was how the effluent from the ieachin~ pools how it takes ti~e path of least resistance and travels vertically down through that depth ofirr[roduced pervious sand~ which prevents it from leaching through a less perVious clay soil around it and to the creek, which is of course, the' Board's concern. I believe that Mr. Krupski had asked Mr. Keith how he could be sure,hat the soils could clean 'the sanitary system and effectively where the original test hole was d~ne and the tidal waters for a similar nature, arid you n fact, asked Mr. Grathwoh[ if he would have additional test holes bored to confirm that. So, the informaiion I just supplied to you if inclusive of an amendment or essentially an addendum to Mr. Keith's original engineers report, which includes as ~gures, locations of two additional test .holes thai were ~bored closer to the wa~r and the test hole log data sheet'associatedtherewith. You'll find from the data sheet and from Mr. Keith's assessment, that indeed those .soils are not only similarly impervious but more impervious aC you move closer to the water. Essentially the amendment in his report cQnfirms that the functioning on the system that he described to you ~n Januarys is in!fact going to be the case based on the site conditions. An unrelated issue, the Board had also mentioned that the proposed driveway was shown partially into the buffer zone and therefore we asked Joseph Ingegno to revise the s~ite plan to show not only the locations of the test holes but also to have that p~rtion of the driveway, which was depicted in the buffer zone. removed. So, the Board should also have a copy of that revised survey before it. Those were essentially the items that the Board had asked us to address. In addition to submitting that information up to you, I also submitted a letter dated today, as I cannot recall whether we had introduced into the record previously, Mr. GrathwohFs deed, which describes his purchase of the property in 1966, as well as a single and separate title search, which demonstrates that Mr. Grathwohl has held this property as single and separate ownership ever since. I believe these documents are critically important to your record because as recently as this evening, this Board has made illusions to a general concern of a tight real estate market on the water causing such under-sized wetland related parcels to become part of this speculative development. It does bear reiterating what Mr. Grathwohl is no way a speculative developer. He had in fact owned this property since 1966 and when he had initially tried to improve his property many, many years ago, has been in the process [or quite some time essentiallythis Board had requested r~ot only Cecently, but many, many years ago., that he approach the Health Dept. to'see if it was possible to obtair var anceS for the .pro~.erty. The Health Dept. BOard bf Review eSSentially agreed wth and supported Mr Ke th s pos~ton regai'd ng the fact that he sanJta~ system wdl not have any measural~le, adve~s~ effect on the adjacent t da Waters f the Beard has any new quest ~ns o~encerns or.any questions regard rig. What ~vas, jast submitted I wQuld be hap~ to answer t~em, and Mr. G.rath~yol~l s here as we as h s attorney, VYayne B~u~n. YRUS'FEE KRUF~SK[~ Thank you. I just war~t to take-all the other comments first. CHERYL HANSEN: My property is adjacent to Mr. Grathwohl and I think I wrote you in February listing my concerns, and they remain the same. Most rnportantly, the cesspool, the sanitary system, ane ~the house are so close to the tidal wetlands and the canal. In the past, your requirements have always been 75' and 100' and I think this starts at 55'. Also, there is one correction on this. This says that the land that I own-next to it,'there is no public water. It states that there is public water. I even called Suffolk County Water Authority a couple of years ago asking for public water and :tt~ey said they are not granting ar~y empty lots for public water. So, there is no public water on that lot. So, you still have my letter with my concerns. TRUSTEE KRUPSKI:: Yes, thank you. Any other comments? I'd like time to...the septic system is very close. Actually, I've got 40' on the plan here. I j ~st scaled it off. ROB HERRMANN: Where does it show 40' Al? TRUSTEE KRUPSKI: From the edge of that, what would you call it? ROB HERRMANN: Well there's a concrete retaining wall. TRUSTEE KRUPSKI: Well there's a better word for a retaining wall, but yeah, that's 40' from that. Now was that area going to be excavated behind that wall? ROB HERRMANN: Yes. TRUSTEE KRUPSKh I was looking for the...Artie has the plans. ROB HERRMANN: (inaudible) 44 TRUSTEE KRUPSKh But that's in clean sand so the effluence is going to move rather freely. ROB HERRMANN: Freely downward, correct. TRUSTEE KRU PSKI: I thought we were going to be prepared to vote on this tonight but I'm a little, well, there's been a lot more information just recently submitted that I don't think...I'm uncomfortable without really digesting this and having someone whose... ROB HERRMANN: Al, that's fair. We have submitted additional technical information toyou tonight, was happy to be able to get it by now. What actually was the problem, and I'm not sure which neighbor, but one of the neighbors actually has had at some point, for a period of time, their boat blocking access to Mr. Grathwohl's property. So, the problem withthat MacDonald Geoscience couldn't physically access the property to bore the test holes that you had requested. So it was only recentlythat we finally go the neighbor's boa1 moved out of Mr. Grathwohls's property so that Mark could get in, got the test holes, the engineer did the report~ so thatwe could at least get yhisinfo~mation to you by tonight; but I certainly recognized that,you are,.. RUSTEE KRUPSKI: Yeah, we re notstonew~lling,,this is real information. Do.es the Board ~have anything else that we waht? Obviously weare going to revisit th~ Site on May 15th also, so if you could; just: make sure it s staked. TRUSTEE DI'CKERSON: Al, I just wanted to note the letter from the Nat~ire ConserVancy thgt ~vas sent to u,s. - , TRUSTEE KRU~KI: You don t have to read it. We II. just send you a copy. CHERYL HANSEN: Can I ask what they cover the cesspool with? ROB HERRMAI~,IN: What wou Id typically be done for an elevated system like this/s ~ actu:allY plant around and over the retaining wall. Usually the way people landscape is to create [he appearance of a naturally vegetated berm as opposed to a square retaining wall structure because that would be least pleasing to the person that li~,e_d there. So, that's normally what's done. CHER'~E HANSEN: But what s on top of that. ROB HEJRRMA~N: Well the cesspools are packed. TR~;JSTEE FOSTER: Well ther_e, has to be a minimum of !' of cover of top. RoB HF-JRRMANN: Right. There s soil and vegetation that s planted over. Physically, the Cesspool 'has a lid on top of it and then that has to be covered with 12" Of dirt. TRUSTEE FOSTER: They are covered with earth. TRUSTEE KRUPSKh So, if there is no other comment, I'll make a motion to Tabte the application until next month TRUSTEE KI.NG: Seconded. ALL AYES 40. En-Consu Itants, Inc. on behalf of VINCENT BENIC requests a Wetland Permit to construct 4'X 29' wood steps (including 4'X 4' platform) and 4'X 22' wood walkway (elevated a minimum of 3.5' above marsh (grade) down bank to existing dock. Construct +/-102 linear ft, timber retaining wall (plus 17' westerly and 8' easterly returns) along top of bank; and remove remaining portions of existing block and wood retaining walls along top of bank. Backfill with approx. 45 25 cy. of clean sand to be trucked in from an upland source and planted with native grasses. Located: 1375 Pine Neck Rd. Southold. SCTM#70-5-39 TRUSTEE KRUPSKh Is there anyone who would like to speak in favor of the application? LARRY SlDERIS: I have a question on #8, the permit to Amend Permit #4378. I'm quite concerned about installing the piling and pulley system 15' out from the end of the dock. This was never ~n a plan submitted to the Board of Trustees. I was just aware of a regular wooden walkway. The previous owners, Mr. Windisch, had the same idea and I denied that. ROB HERRMANN: For the record, there are two applications that are before the Boare. One was submitted by Mr. Benic regarding the dockand I'1 allow him to respond to that and then I can take questions regarding the retaining wall and the stairs. TRUSTEE KRUPSKI: Well I think the stairs are kind of uncontroversial. They are straight-forward. LARRY SIDERIS: I have a question about that also. My main concern is Cbout this pulley system is that at n ~ght time, it's going to be un-navigatable that Canal. (inau'dibl,e), and when we're fishing at night, we're not going to be able to she. If it's 15, the pulley system with wires, it's going to be a tremendous hazard to any boater in that canal as well as the marina, to go fishing at~ n.igbL I'm entirely against it, as you know from the letter I sent in ween' tile previous owner asked for that. MR. BENIC: if I may answer that question, I staked out the area of question. This is the application that was approved by the DEC and we are requesting that the Board approve what the DEC approved. TRUS~E KRUPSKI: We did approve... LAP, RY SlDERIS: It was just a walkway and nothing with a piling system. MR. BENIC: The original approval that the Board approved for Mr. Windisch was 25' of dookt~hat extended from the wall. The DEC had amended that and with their approval of a 24' dock with a 15' piling, am currently having an application with the DEC to extend that piling out to 30'. LARRY SlDERIS: 30', you'll never be able to navigate the channel then TRUSTEE KRUPSKh Let him finish. MR. BENIC: Ill may, the idea is that this dock and this piling would be in line with all of the existing docks that is along the property line, with the adjacent neighbor. TRUSTEE KRUPSKh We looked at this and I think the feeling of the Board is that we granted an approval January 26, 2000 on this property to Mr. Windisch for a total dock length of 35'. He's got 12' of dock now and this would add an additional 23' to the dock. LARRY SlBERIS: But there wasn't any pulley system installed. TRUSTEE KRUPSKh But there was no pulley, and Ithink the Board is inclined to say the total of 35' was enough there. What you're getting out into is navigatable waters and it's also public property and we don't want to see...the longer the dock, the more public property is monopolized and that's just basic. MR. BENIC: I understand that but this is something the DEC said. 46 TRUSTEE KRUPSKh The DEC is an agency that has jurisdiction but our Boa[d actually owns the bottom of the creek. It's on Town property, so we have the final say and because it's Town property, it's public property, and we can't allow structures to go out to monopolize public property because it's open for everyone. MR. BENIC: All that I'm asking is that the pulley system, that that pile be in line with the adjacent on the adjacent property. TRUSTEE KRUPSKI: Well we set 35' as the final length, I think you ought to work the pulley system within that length, think the Board would accept that. LARRY SlDERIS: Well how about the other boaters in the area coming in there at night? TRUSTEE KRUPSKh Well if you had a dock that was the total length of 35', it would be the same thing. LARRY SlDERIS: But still, you're up there driving the boat at nighttime and with this pulley system going across, it's going to be dangerous. TRU.STEE POLIWODA: No, I don't think so. There likely will be a boat there you'll be able to see it. LARRY SI,DERIS: talked to the Coast Guard and the Bay Constable and everyone else and they told me the same thing. It's going to be a great danger to anybody there, TRUSTEIE I~RUPSK We approve these on a routine basis. LARRY S~DERIS: n Jockey Creek and Goose Creek? TRUSTEEKRUPSKh In Town water. TRUSTEE POLIWODA: That's how we would accept it, if it's in line. This way, it's not impeding out beyond the neighbors, where you're used to traveling. If you travel~the same bearing that you've always have, you're not going to have a problern; LARRY $11DERIS: But still at night time, it's going to be a great danger with wires and ~ables going across the canal M R. BEN[C: It's not going across the canal. I think your exaggerating. LARRy S~DER S Exaggerat rig? What do you ca I it then? TRUSTEE KRUPSKh No, anyway, I don't think the Board's inclined to grant anything f~rther out than what was originally granted in 2000. So, if you want to work a pulley system into that, we already approved a dock there two years ago. LARRY SI.DERIS: Right, but I'm worried about the pulley system being granted. MR. BENIC: The pulley is only 4' out. The pile will be only 4' further out from what was approved by this Board. TRUSTEE KRUPSKh But we don't want to see anything go out further than what was originally approved. MR BEN C: 35' TRUSTEE KRUPSKh Total. MR. BENIC: I would have to put in a 24' dock plus 11'. 4? TRUSTEE KRUPSKI: Whatever length you want it to work out. To us it wouldn't matter. You're monopolizing the public area, so if you wanted to work out 11', 10' or whatever, I think it would be find with this Board. LARRY SlDERIS: Now all the people, the mariners, as well as the people of the Southold Marine Center can never get out of the canal at night. I can't see how it's possible. First of all, you won't be able to see it. You can't Dick it uo on radar going through that piece of wire line. It's going to be unbelievable going through that place at night. You see how shallow it is. MR. BENIC: The adjacent dock is over 40' out on the property next to my property. TRUSTEE KRUPSKh Actually, we are checking on the legality of that dock at this moment. LARRY SIDERIS: Yes, my lawyer is looking into that and we have documentation for that. TRUSTEE KRUPSKh But anyway, somebody pitch in here. TRU;STEE:POLIWODA: How many feet wide do you believe that canal is, from bank to bank? It's well over 100' right? LARRY SI-DERIS: From dock to dock? TRUSTEE POLWODA: No, from the marsh edge to the marsh edge. MR. BEN C: It's at least 150'. LARRY S[DERIS: No, it can't be that. TRUSTEE POLIWODA: We wouldn't allow it more than 1/3 out so if you have 35' and there's over 100' across.. LARRY S;ID,ERIS'. But it's a safety hazard. Most mariners don't stand up as they navigate a boat through a canal. You'd be sitting up there and you come to the wires it's g¢ing t,o be a great danger, for me as well as the others in the canal and the peiSpl~-from the Southold Marine Center who go out fishing at night. MR. BENIC: If the wire is going to be a danger, then it's also going to be a danger with the adjacent dock. The dock is also sticking out and not only that dock but every dock along the creek, including his dock. LARRY SIDERIS: If your talking about docks, a dock you can hit and bump off of but a wire is going to damage your boat as well as the thing on top, like the antennas, the canvas, and the wire. TRUSTEE KRUPSKI: Mr. Benic has a permit right now for a total length of 35' LARRY SlDERIS: Of wooden dock. TRUSTEE KRUPSKh Right. LARRY SIDERIS: Right, and have no problem with that. The pulley system with the Wire vs. 15' and now this evening he tells us 30' out. TRUSTEE KRUPSKh No, we're not going for additional length because of the reasons we already stated. LARRY SIDERIS: That's my main concern, is the safety of this wire being swung across the canal. TRUSTEE KRUPSKh Mr. Benic, are you inclined to go with anything other than a 35' wood stick built dock? 48 MR. BENIC: I'm going to stick with my original permit at this point. TRUSTEE KRUPSKh I'll make a motion to close the hearing. MR. BENIC: May reconsider that? TRUSTEE KRUPSKI: Of course. MR. BEN]C: What I would like to do, in order to build the dock, I would request that you give me permission for a 24' dock, and 11' pulley, a pile 11' out. Thal would bring me out to 35'. That was originally approved. LARRY SIDERIS: I have no problem with that if you can put some kind of lighting on it. TRUSTEE KING: It's not sticking any further than the other docks. MR. BENIC: f I may also Suggest, there are other similar systems to this one on the creek. Right across the creek from me there's a similar one. There's a piling ou,t there, there's a dock out there, it's a similar system, and they do not have any lighting. LARRY SI.DERIS: He's incorrect about that. There's a boat hoist across the canal there. TRUSTEE KRUPSKI: There's a lot of stuff going on over there. Artie, what do you think about it? TRUSTEE FOSTER: Well if you put a dock out 35' and the pole is going to be no further than 35', it's really different than having a dock. RQB ;HERRMANN: If you have two docks that are 35+/- and there's a dock in the middle that's 35'. whether it's a dock for 35', or a 24' catwalk and a pile, unless someone is going to boat by, and suddenly cut in and aim for the wire, and then cut back out, it can't have any different effect than three docks in the same line. LARRY SIDERIS: (yelling) TRUSTEE KRUPSKI: One more brief comment and then we're going to vote onit and move on. MR. BENIC: If I may, have a photograph. This shows where the pilings are and across the creek. MR. BENIC: I have a comment for application #40. TRUSTEE KRUPSKh I'll make a motion to Approve the Amendment to Permit #3?8 to add 12' to an existing dock for a total length of 24'. Install a piling pulley system 11' from the end of the dock, which would be a total of 35. TRUSTEE KING: Seconded. ALL AYES TRUSTEE KRUPSKh Well need a new plan, Mr. Benic. TRUSTEE FOSTER: Is there any comments on this application. RQB HERRMANN: I'm here on behalf of the applicant, Vincent Benic. The project is reasonably straight-forward. This is proposed a timber retaining wall along the crest of the bank, which will predominately replace the remains and/or existing retaining wall, which is present now, with the exception of the fact that the retaining wall will be extended to the easterly property line and then closed offwith an 8' return. We're aware of a letter from Mr. Sideris, who is the adjacent property owner to the east, who had various questions about the project. I don't know if Mr. Sideris received our response but we did prepare a written res bonse to his letter. Many of the questions were answered 49 in the project plan. If the Board has any questions, we certainly would be happy to address them as well. LARRY SIDERIS: I didn't receive any letter on this matter. TRUSTEE KRUPSKh We'll take Mr. Sideris' comments first. LARRY SIDERIS: Well first of all, you have my letter that I wrote you and there are questions that I had written down there. TRUSTEE KRUPSKI: ts there any other comment before I ask some questions? TRUSTEE POLIWODA: Yes. We have another one of these situations where you're walking up a couple of stairs and go down the stairs. It doesn't ma ~e any sense whatsoever. TRUSTEE KRUPSKI: Well let's take the retaining wall first. We weren't sure about the exact location. I don't think we have a problem with the Cetaining wall, we just want to know exactly where. There was like a big area where it cou,ld've g0r(e and the more we looked the more we... ROB HERRMANN: We can have the surveyor actually stake it at 10' intervals, the 'location of the retaining wall, plus the two returns. TRUSTEE KRUPSKh And also the height. ROB HERRMANN: Well he can string it off because the height is go~ng to be 12" above Whatever. ..the natural grade varies. It's going to be no more than 12' above:thenatural grade at any point so we could actually have it be staked ant1 ;.s, trir~g tie¢.to the top so that you actually have a stake and string version ofwl~at Would be installed. TRUSTEE KRLI! PSKI: That's what we would like to see because we weren't sure. It kind °fshows it but:there were no measurements off the house and then it show:s'the proposed deck. Okay, now we can get into the steps. ROB H:E:RRMAN~: 14 Lvou look at the cross-sect on on the second sheet, Ken, to res?nd to:your question, we have to essentially show a platform. There's go ng:tO be a~non-tuCf buffer established behind this. The bluff is also, in that area i? lawn because Mr. Sideris actually is maintaining that lawn on Mr. BeniclS pro¢~y~ so that edge is cleared right now. We would like to allow that area t~ ~e-v~etate and we're also going to have a non-turf area behind the retaining W~ll: TRuS~T~=E ~RUPSKI: Could you show me? ROB H'BRRMANN:=4 Do you have the pictures that were submitted with the applic~?n? TRU~EE KRUPSKI: Just show me on the survey. ROB HERRMANN: My plan is easier because it actually shows the proposal. In this area, right he[e, if you actually walk down this edge of the property line here, this is actually lawn here. The rest of the bluff is vegetated. This happens to be a natural area to go down and access the dock but they are a little bit'arbitrary in changing with what they say, but the DEC usually wants the stSirs elevated at least a foot or two above the grade of the bluff because otherwise it prevents the growth of any vegetation beneath the stairs, so given that the retaining wall is going to be a foot above grade, just in response to 5O what Kenny was saying, we have to .iust show a couple steps up to a platform and then down in order to gain that... TRUSTEE KRUPSKI: Even when you're above lawn? ROB HERRMANN: Well here it's lawn but down here, it won't be. Also, this lawn is going to be replaced. [n other words, in consistent with what we discussed with this Board in the past, and .ust as a sound erosion control principal, part of the problem here is that this is lawn dght down to the crest so we're going to try to replace this whole area with a non-turf buffer, so rather than being a maintained lawn, we're going to try to plant some sort of native warm season grasses here so they should have some room underneath the platform to grow. It's minimal elevation. TRUSTEE KRUPSKh It just seems awkward for M r. Benic when you could just go straightput and down instead of going up and over and down. ROB HERRMANN: Well you could except '~hen it would be fiat against the grade. Basica ly you create one of those spots right under the platform. TRUSTEE POEIWODA: You ,can obtain spacing between the boards. TRUShFEE KRUPSKh No, thaYs fine. If he wants to go up and back down, that, s fine.:lt~s j. ust that it s something that we saw as unnecessary. ROBiHERRMANN: The'¢ idea of it is to help the establiShment of the non-turf buffer. TRUSTEE KRUPSKh Any comment? LARRY SIDERIS: Yes, my concern is also with the stake out. Nobody has evefstaked out:the property. I have no idea where this bulkhead is going to be. You saw the copy he sent me. It's unreadable. TRU?EE'KRU. PSKh Well it's going to be staked for next month, May 15th, LARR~ Y S',IBERIS: My tree that I showed you in the pictures it's right on the property lirfe. What ki,nd of damage is going to be done wth that? ROB HERBMANN :,We'll have the location staked. LARRY S;IDERIS: m not finished asking my question. The tree is in the middle of t~e prbperty line. If they come in their side with a back-hoe, you can't get a~y water, you can't get any food, and eventually the tree is going to die, fa i fnt6 the ~anal, and all of the sand and dirt and grass is going to erode into the ca~al. TRU ',$TE.E;!KRUPSKh Well that's why he's going to stake it with the elevation so we can See. the extent of the wall. We'll be on the site May 15th. '11 make a motion to T~aldle the application LARBY SlBERIS: Did he give me the answers to my question yet? TR~TEE~KRUPSKI: I don't know. LARRY SlBERIS: I mean, how close to my property line will the retaining wall be? TRUSTEE KRUPSKh He's going to stake it out completely. We're going to find out. ROB HERRMANN: I just handed Mr. Sideris a copy of the letter that he should also receive in the mail that itemizes, according to his numbered list of questions, a numbered list of answers. So, maybe you could digest that between now and next month and if there are any questions that you still have, we could further address them. There is proposed on a site plan, as you mentioned, there is a proposed two deck additions and house additions. Our office failed to include the language for that in the application. We sent Lauren a revised application but I think that was probably after the legals went out, so I just want to make sure that we can do what we can do at this time. I guess now, Lauren, you have the information and maybe you can just put it in the legals for May, just to make sure. It's my error and I don't expect the Board will have any problem with it, but we have to make sure it gets noticed. TRUSTEE KRUPSKh I'm just going to say, drywells and gutters. We saw the new deck. ROB HERRMANN: I just wanted to make sure. TRUSTEE KRUPSKh I'll make a motion to Table the application. TRUSTEE DICKERSON: Seconded. ALL AYES 41. En-Consultants, Inc. on behalf of FRANK & LOUISE MARCIGLIANO, As Contract Vendees request a Wetland Permit to construct a two-story, one- family dwelling on pilings; install a sanitary system, pervious driveway, drywell- drainage system, and public water service; establish a 50' wide non- disturbance/non-fertilization buffer adjacent to the tidal wetland boundary; remove existing driveway; and replant with native vegetation the approx. 1 150 sq.ft, portion of existing driveway located within the proposed buffer area. Located: 1800 Cedar Beach Rd., Southold. SCTM#89-2-3 TRUSTEE KRUPSKI: Is there anyone who would like to explain this application to us? ROB HERRMANN: From speaking with your office, I understand that there is a question by the Board as to the presence of wetlands on the property, so I can address that but I'd rather hear from the Board specifically what part it's questioning before I respond. TRUSTEE POLIWODA: When was that road built? ROB HERRMANN: The road is actually used by the neighboring property owner. It cuts through this property and accesses the adjacent house. So as part of the development agreement of the property, the adjacent owner has to go through Marcigliano's attorney and then their attorney would have to have that roadway limited. PAT MOORE:The Akscin family, just to give you a little bit of history, the Akscin family is the original developer of this property and Akscin is who we are in contractwith. Mr. Akscin, old man Akscin, has the larger piece behind it, and he's used that driveway, I think he acquired the property in 1950, so he's been using that as his access sin ce probably close to the 50's just as a convenient entrance from Cedar Beach Rd. That's going to be obviously eliminated when he sells the property and that's been worked out. But just so you know, it comes from,the Akscin family and he's the seller of the property. TRUSTEE KRLJPSKh Our concerns, besides the road, the property is pretty much 100% wetland vegetation. ROB HERRMANN: You're saying you believe that the property is all tidal wetlands? 52 TRUSTEE KRUPSKh Yes. ROB HERRMANN: What I'm going to guess is that the Board, don't know how long you spent on the property, I don't know if you actually went into the property, but there is baccharis on this property along the driveway and almost up to the road. What the Board has to recogmze is that the mere existence of baccharis or even 50% in habitation of an area by baccharis, does not indicate that the area is a wetland. In the definition of a wetland boundary, SeCtion 97- 13 Of the Town Code dictates "the wetland boundary is to be defined and flagged at the point where existing wetland indicator species no longer have a competitive advantage over upland species" and to paraphrase more specifically, where there is no more than 50% habitat composition bywetland species. This lot, in other words, the Code goes on to define how wetlands should be delineated a nd what you look at is actually where wetland species lose their competitive advantage. Now if you start in the wetlands and walk landward, you find thewidest spans ofspartina patens. LandWard of that is the frir~ge of (inaudible). Within those entire areas, it's virtually 100% wetlands vegetation. La ~dward of that fringe of baccharis, Which at least 75% coverage of thearea is baccharis. Once you move landward.of that, you start to get a significant inter-mixing of upland species that are present on that property, mixed with the ~bacchads, poison ivy, b~iar, multifler, a rose, full season turf and weed species, red cedar, grey birch, species of sumac, these are all upland plants. These trees and shrubs and turf species simply cannot exist in a tidal wetland. It is along that boundary that I flagged the~tidal ~zetlands. In other words, following exactly ~n your Cod:e, which ~s hOW I've aJways delineated wetlands in tfiis Town, and I can't think of a time that my boundary has every been questioned, but using the method:elegy that I'Ve alWays ~used I flagged this :lot. it's a 'difficult lot. It's actually very, 'very si~ilar.to!;t~e:Lisa E'dson lot. It is not uncommon to find baccharis growing in Ol~en woods and th~ickets adjacent to coastal areas where you dO get ~cca~ionial flooding probably at that entire property and street during a storm con¢liltion. That how .ever, does not make the '.area a wetland unless the inundatior~ is frequent enough that it allows wetland species to regain a competitive edge, whiOh in this Case. it clearly doesn't. I would be happy to go out and Ioo~k at :the site with the Board and I cou;Jd visually deScribe eYerything that I am ~lescdbing here. You certainly reserve the right to disagree but I think if~ou looked caref.?y at the lot, and you saw this inter-mixi'ng of upland spec'~ you wou d rea~ze what I'm talking about. Not coincidentally, you'll notice that after I flaggedl.the site, we got the survey back from Joe Ingeg~o, my wetland barrier coincides exactly with the 3' contour, which is actually fairl¥-t~pical. You would see an increase in elevation there where the Upland species begin to gain Iback an eq ual competitive edge of the baccharis. Again, k~eep in mind bacdharis does not exist in the interior of a wetland. The wetland;shrubs that exist !in the area that has regular inundation during every tide is Iva, or is what you o, all high-tide bush, not baccharis. Obviously we should go out there and look at it so you can see what I'm describing. TRUSTEE DICKERSON: The CAC also agreed with us. ROB HERRMANN: Is there anyone on the CAC who is actually certified to delineate wetlands or this is just an observation? TRUSTEE KRUPSKI: That's the observation that they made. Well, I shouldn't say that, I don't know. Someone could be certified by the Wetlands Certification Board. TRUSTEE POLIWODA: What do you have? ROB HERRMANN: I'm academically trained from my master's program at Duke and I'm professionally certified by Rutgers. TRUSTEE KRUPSKh We actually visited the site... RQB HERRMANN: Kenny, the fact that your sitting sort of smiling smugly at me, it's a little bit offensive. TRUSTEE PO:LIWODA: No, it's just that I've never seen your certificate. TRUSTEE KRUPSKI: Rob, this is a lot that we found to be. except for the driveway, Which seemed to have been filled, this is a lot that seemed to be almOSt completely wetland. Certainly, the whole northern side of the lot is what we consider to be tidal wetlands. ROB HERRMANN: If there is another area there that you're looking at that I may have overlooked, I would be happy to go out and revisit it. TRUSTEE KRUPSKI: I think we're just trying to be fair here. We don't want to give the wrong imlpression that somehow you overlooked something, or we overloo~l~ed something, we don't want to give you the wrong impression that, well maybe if you got this or that, we'll issue you an approval. That's unfair to you and unfair to the applicant. ROB HERRMANN: Right. TRUSTEE KRUPSKh I'd rather be straight and say we think it's completely tidal wetland vegetation' and that should be pretty much the end of it. ROB HERRMANN: I agree. If there is an obstacle with this based on the conditions of the sits that you see from day one is going to make it an impossible process to get through, obviously the Marciglianos would like to know that. The owner of the property should know that. I just want to make sure that the Board, and I realize that you're doing 40 or 50 inspection in a day, and !1 want to make sure the Board didn't go ~n, get a snapshot image, draw an assumption based on that and be in a situation where you think it's something that it isn't. TRUSTEE KRUPSKI: Ithink we're pretty clear o~ it. TRUSTEE DICKERSON: I went with Scott Hilary and we spent a lot of time looking o~er the p~'operty. TRUSTEE KRUPSKh I think it's better to honest then say oh yeah, we'll go look at it and maybe... ROB HERRMANN: Well do you want to go and look at it so I can visually show you;what I'm describing here? TRUSTEE KRU..PSKI: don't know what purpose it would serve, to be honest with you. We were all there. We're going to start by disputing the wetland line and then you have to verify it and then we have to verify it. ROB HERRMANN: I'm just asking because I do have the professional expertise, as the Board knows, to delineate wetlands. So, I'm just asking if 54 there is a difference in opinion, I obviously would want to know that somebody whose qualified to make that determination actually looked at it and can explain to me why the line is (inaudible). That's all I'm asking for, other than you just saying look, we think this all wetlands and that's the end of the show. I obviously have a responsibility to my client to pursue the matter with the Board. So, that's essentially what I'm asking. I can put something in writing and submit it to you. PAT MOORE: Well I think that the sellers, who have owned the property since 1950, are going to be very upset when they are told that this Board believes that the whole piece is unbuildable. Certainly my clients, who are here, are going to be very upset because they already spent a certain amount of money to get to this point and certain months under contract getting here, which he's forgone going to another property and buying another property. When Rob looked at th,is piece, identified the wetlands based on his expertise, there was adequate upland to meet, well at the time it was a 75' setback jurisdiction, and during that period of time, yourjurisdiction changed. So, there's a permit process, but I would want to let the sellers know what position you're taking because they may certainly have interest in being here and may.b,e~taking up the cause, So that there is no taking of their property. Aga n, you ve'seen a lot of applications, where people have owned the properties for a long ?me and they've been paying taxeson these properties and they have certain expectations thatthis Town through regulation isn't going to inverseand condemn it. So,, Mr. & Mrs. Marcigliano who are here, are upset of. the con~:lu~ on you re coming to but think even more so, the sellers are going to be quite upset. I think it would be wise to meet with Rob, identify, and maybe he can through his expertise, help you go through the property and: maybe what the CAO and what you, and I'm not saying your wrong, but I think that you'need tosit down ~vith him, or go through the property, and see,whether or not he ca n convince you otherwise. If it can't be done, well so be it, but I think then we all have to get to the next Step. TRUSTEE KRUPSKI: Well, mean we all live in the community, and I guess we can give Rob the courtesy but I don't want to give that impression that there's hope, by any means. But, I'll definitely Rob the courtesy, but that's it. It's basically a courtesy, because you asked for it. RQB HERRMANN: Well we're making an application and there is a process that the Board has togo through ancl I can't go back to a client, and he's going to say to-me, well did you just put that tidal wetland boundary there for the hell of it, and obviously, the answer is no. I had a very specific methodology that follows your Code in putting that Wetland boundary there. If you disagree with it, that's obviously your right, but Ithink we at least need to provide an explanation for the disagreement. That's all. TRUSTEE KRUPSKh We know what it is and you can't make it something that it's not, but we'll do you the courtesy and we'll meet you out there, with absolutely no expectations. PAT MOORE: Well I'll let the sellers know that they have their recourse, if you deny the permit, that they have that right as well. TRUSTEE KRUPSKh Absolutely. MR. BREESE: We have lived next door to this particular property since 1965 and as I can tell you, there are some comments. This area is mainly marshland subjected to considerable flooding in times of high-tides and northeast storms. The map prepared by your surveyor has elevations listed under several 1929 data of the wetland protected area (inaudible). Pictures are available of flood waters taken from my house which there is water completely flooding the present dirt road over into lot #26. Water has flooded over this and across Cedar Beach Rd. In fact on one occasion, water entered over our patio and into the house. (inaudible) At it's highest, where it is completely underwater, it might lead to the improper disbursal of wastewater. The test hole data indicate only 2.2 ft. of sand and loam and dark brown sandy loam, and below that it water. It would seem that the construction of a retaining wall and the insertion of posts to support the residence weald be difficult. What will support the retaining wall footers and how deep do thepostS have to go. (inaudible) Cennection tothe water'line will have to be down under water (inaudible) and the proposed drywells will probably be as fuef water most of the time as th-e th'ree placed on the other side of Cedar Beach Bd., by the Southold Tow. n H,ighway Dept. several years ago. The elevation.listed in varies portions of the ~pr.~perty seem to be somewhat unrealistic, a ,blt'tee high. We lived here since 1~65 and when I attempted to bu~ ~ On th s property, t was turned down. H'ave the rules been relaxed in such a way that we now allow it. Unfortunately with the DEC records, they told me they stopped,in 1977 so they did not have any record of the early prevention Net too many years ago the time of the nolrtheast~ir storm, the floating part of the pier to the e~st ~vas raised to the height of the fixed walkway, and the water was so big h lt.,came into my house, floode~d across Cedar Beach Rd. into the driveway and ttie house across the street. 've been ~n the house across the street; and there is no visible land all the way across Cedar Beach to the'south fork. Ano'~her comment is that my son is an architect and he is sending these cerements: With 4' of wall showing above grade, the septic field retaining wall i~s a structure and ehould be made to cemply with proper prol~efty lines and setbacks from the proposed leaching fields, (inaudible) onto the abi~tting property causing greater flooding. The footings of the prol~osed-septic field are over 6" below the water table line. This is a relatively d~y pCdod when the soil test was taken. The excavation work requires to pour a co~crete footing below the water table and will affect the land outside the pr. ol~erty line and on the property (inaudible). The edge of wetlands line has Varyi~ng.~tef~nitions involving species of vegetation, habitat and (inaudible). The footp'rir~t of the proposed house and septic field is 4300 sq. ft. This is more than 60% of lot coverage. A two;story building includinga possible 1800 sq. ft.:of interior face and an elevation of 8', and second-floor elevation of roughly 17', (irtaudible) and it would seem to me that this area is not a buildable lot. MR, WISEMAN: I live right near this lot and right near Mr. Breese and this lot is on my daily walk, which I have been walking since 1957. I've seen this lot completely underwater, many times. I wish the proposed owners could see it. I think this talk about upland plants, I mean I have an area of my house out in front with some of these same so-called upland trees and bushes and they are often underwater. Not even a great storm tide but a moderate storm tide floods this piece of land that we're talking about. I just want to say that this is a pert'ect time for this Board to draw the line in the sand. If you ever see this lot you'll immediately find this is the most unbuildable lot you can think of in Southold. TRUSTEE KRUPSKh If there is no other comment, we'll Table the hearing. I'1 make a motion to Table the hearing. TRUSTEE FOSTER: Seconded. ALL AYES 42. En-Consultants~ Inc. on behalf of DONNA BLANCHARD requests a Wetland Permit to remove and replace (inkind/inplace) approx. 27 linear ff. (inCluding 5'&7' returns) of existing timber bulkhead and backfill with approx. 5 cy. of clean sand to be trucked in from an upland source and planted with beach grass (18" on center). Replant (12" on center) any disturbed spartina altemiflora .adjacent to southerly return. Construct a limber dock, consisting of a 3'X 10' hinged ramp to extend from bulkhead onto a 6'X 12' float secured by (2) 8" diameter Pilings. Located: 50 Budds Pond Road, Southold. SCTM#56- 5-21 TRUSTEE KRUPSKh Is there anyone who would like to speak in favor of the application? ROB HERRMANN: After we submitted this application, me and the Blanchards received some comments, almost as expected, from one of the neighbors, Mr. Kruge and also a couple of members of the association, who had concerns as to the extent of the dock, We had initially plotted this out according to soundings, which is DEC's normal requirements, but in light of the comments of the neigt~bors and the fact, and certainly some valid comments as far as the extent of this thing into the canal, I believe we've come up with a solution to pull the float back, that the members of the association we met with are here this evening indicated that they would be amenable to. This is a very rough sketch of it. TRUSTEE KRUPSKI: Did you get our comments Rob? ROB HERRMANN: Not yet, but I just wanted to give you a look at that because certainly it seems that the association and neighbors comments are relevant to l~he application. So, having said that, it would make sense to get the Board's comments. TRUSTEE KRUPSKI: We thought it would be better if you got a little more creative than that. Since this little area has been filled and sticks out so far, and it's got to be excavated to put in the new bulkhead, it should be brought back at least even to the neighbors, maybe even further back, and then that float could be even tucked in further. It's all got to be dug out anyway. ROB HERRMANN: Well that's not really true Al. The existing bulkhead is going to be excavated out, but if you were to step the entire bulkhead back, you would have to excavate the entire portion of upland plus dredge completely beneath that and then install the bulkhead back, you would have to excavate the entire portion of upland, plus dredge completely beneath that and then install a bulkhead back. First of all, that would add considerable expense to the Blanchards to do it. Second of all, I don't know if any other agency would go along with that concept, given that there is a tidal marsh immediately adjacent to the site. If there were no other viable option, think the Blanchards would have to consider that. But, if we pulled the float againsl the bulkhead, it would only be 6 ~' out from the bulkhead and in line with the neighbor's dock within a couple of feet. It would certainly be less than 1/3 the width of that canal. I don't know what the width of the canal is there but it's more than 18' from the bulkhead. So, from our perspective, it just palling the float back against the bulkhead, w~ich I've also been advised bythe members of the association, is how the float used to be there. If that would certainly make everybody happy, and not impede navigation, it would certainly seem to save the Blanchards a lot of trouble and extra expense and possible bureaucraticdenial and saying let's excavate and dredge right next to the vegetated rmarsh. Unless there is no other option, I don't see the purpose of going throUgi~ that. , TR:US'FEE. ~RUPSKI: Y_o, ur new plan wouldn t call for any dredging. RQBHE~I~ANN: It isn t calling for any new dredging now. It would still be 2 ¼' ar) the ei~itSide~of the float. The float at Iow tide would be righ;[ uP against the shoe aisle bulkhead, but so it is the case with everybody else there. We could pU~, S~pS on the float. T~S'FE'E~ ~. ~, KRUPSK. . t j'ust seems ke even to come back 5' to make t even with ~he neighbors to the north then at least you would have a consistent bulkhead lineand you would be pulled back. That's what makes sense. It's all going to.be ~rn out anyway. It s kind of a large project for a little tiny area. ~,QE~ H~RR~MANN: Sure but there's a difference between pulling Out an old bulkhea~J ~r~d ns~alling a new one and completely excavating and dredging down to ~'hatever depth because then you would also have to dredge to make the area ur~iform. I don't know what the additional cost woul~l be. don't knew wha~ tl~e DEC's response to that would be. It would be new excavation and dredging, immediately adjacent to a tidal marsh. We're talking all evening about ~he values'Of tidal wetlands and everything else, and certainl? they becomelnulllai~d Void if when you actually have inter-tidal marsh, i~ches away. TRUSTEE KRUPSKI: We looked at it. We were all there. We didn ~ where that couldn't be easily accomplished. It's all got to be torn out of there anyway. If you don't come b~ck 5' to put a new bulkhead in, you can actually put the new bulkhead in ar)d excavate out in front to minimize any disturbance and you would have a lot more room. RQB HERRMANN: Well sure, with money and approval anything is easily ac~omplJshe~l. I don't know if the Blanchards are willing to undertake that expense and~ everybody is willing to approve it, I'm sure we could d;o it. TRUSTEE KRUPSKh Do you understand what I'm suggesting? MR. BLANCHARD: Yes, I understand very well. But the Only reason the way we, re going to do it now, is to be line with all the bulkheads that are there, exactly the same system, and we have two people from our neighborhood here and they agree with this idea and all the bulkheads are still going to be in line. So, can't understand why I should be any different. TRUSTEE KRUPSKh No, we wanted to put you in line because right now you're bumped out a little bit. You're bumped out 5'. Ou" feeling is, and maybe Artie could back me up, once you mobilize your equipment, what would it take to dig the rest of the 5' out. You're going to have to dig that out anyway to put the new bulkhead in. It's a big project for a tiny area to start with. TRUSTEE FOSTER: Another 5~ isn't going to make much difference. RQB HERRMANN: I would say that if the Board feels that strongly about it, it's something that we would have to explore. We could explore the cost of it andwe could oertainly explore it with the DEC. Perhaps we could gain your assistance in .speaking to a fie~d analyst from the DEC as far as what your concerns are. TRUSTEE KRUPSKh I don't see why they would be concerned because ~ou'm moving upland. OB HERIn, MANN: Well I agree, bu,t. normally, if when you re proposing ..new dredging 'is (ir~audible) so when you re proposing new dred,g, ing, especially when the di'~ging is immediately adiacent to tidal marsh, it s not j~st a lickety split approva!:by the DEC. TRUSTEE POLIWODA: This is a pre-dredged canal though. ROB HERRMAJNN: That's true. TRUSTEE K~UPSKI: What makes you think they're going to approve a float th~lte in less than 2 ¼' of water, which this is? Well the outside o!the float wou d be ,n 2 and it would have.to be ~:~aSor~al. In other words, it s not like a typical dock situation where yOU have 50,:0~ catwalk or something and you're done. You can put the float in and :pull: !he float out. TRUSTI'.EE ~EEU.PSKI: s this approvable because we looked at it as not even approvable by the DEC. We didn't have a problem with letting him dig out a little bit~ in f~o~t~so that he could get his depth. ROB RERE~NN: Well let us explore it and if it's ap, provable and it's aff~)~'d,able ~n~,it turns out to be a better solution, we II do it. We have to take a look 0~e~wa~:or ar~other because I can't answer you off hand. TRUSTEE ':~UPSKI: It's actually less bulkheading, if you want to talk about exPenSe.'-wi~ ~'sa ot ess matera because you're not go ng out and back it ht across. Well you still have to put in returns. ;KI: Not on the north side. ROB Well that's a good point actually. TRUSTEE It's a simpler job, is what we saw, to make it sim pier an~ p~ give you more room. That's a different way to look at it Al. MR. BL~N We're just rep ac ng the same as t was before The docking ~,as there stting on the s de The bu khead is there the same. Nothing has been changed on the property next to us on either side. That's why we were thinkin9~ofjust a replacement, and the neighbors were happy with it. TRUSTEE KRUPSKh If you've got the neighbors happy, you've got something, as you can see tonight. But really, we always look at it, if you can make an improvement, you should make it better. If you can't, if it doesn't fly for whatever reason, absolutely come back to us. But this seems like a better solution. ROB HERRMANN: We'll come back with either a modified proposal or for help. TRUSTEE KRUPSKh I'll make a motion to Table the application. TRUSTEE POLIWODA: Seconded. ALL AYES 43. Samuels & Steelman Architects o n behalf of GEOFFRY & DOMENICA PENNY requests a Wetland Permit to demolish the existing dwelling and construct a new house. Located: 570 Mason Dr. Cutchogue. SCTM#104-7-2 TRUSTEE KRUPSKh Would anyone like to speak in favor of or against the application? No comment? Does the Board have any comment? He's got a buffer there and he has drywells in. I'll make a motion to close the hearing. TRUSTEE KING: So moyed. TRUSTEE .FOSTER: Seconded. ALL AYES TRUSTEE KRUPSKI: I'll make a motion to Approve the application. TRUSTEE KiRG: Secohded. ALL AYES 44. David Cichanowicz on behalf of CHRISTOPHER PlA requests a Wetland Permit to install "Redi-Rock' retaining wall with approx. 90 cy. of clean sandy loam fill. Located: 1445 Inlet Dr., Southold. SCTM#92-1-4 TRUSTEE KRUPSKh Would anyone like to speak in favor of the application? Does anybody have a problem with this one? It's already a driveway. It's right next to the wetlands, but it's already a driveway. TRUSTEE DICKERSON: What is the Redi-Rock. TRUSTEE KRUPSKh If you go down Skunk Lane, the houses on the east side and they have that long driveway going up, it's those little cement blocks. It's pretty much what's there. It also delineates the wetland. I'll make a motion to close the !hearing. TRUSTEE FOSTER: Seconded. ALL AYES TRUSTEE KRUPSKI: I'll make a motion to Approve the application. TRUSTEE FOiSTER: Seconded. ALL AYES 45. Glenn A. Haase, R.A. on behalf of ROBERT & KATHLEEN KNAPP request a Wetland Permit to construct a one-story framed residential addition to the existing residence. Proposed addition is 1133 sq.ft, with a deck. Located: 2260 Peconic Bay Blvd. Laurel SOTM#145-4-4 TRUSTEE KRUPSKh Any comments? GLENN HAASE: I'm here if the Board has any questions. TRUSTEE FOSTER: I looked at this. It's bulkheaded there. I thought I discovered the septic system under the proposed addition, but there is no indication of where that is on any plan. I think that should be located. GLENN HAASE: We're going to be moving that out toward the front. d0 TRUSTEE FOSTER: Towards Edgemere Ave.? GLENN HAASE: Yes. TRUSTEE KRUPSKh Okay, you're going to have to located that on the plan. Can you show us? GLENN HAASE: Yes. TRUSTEE FOSTER: Es that a garage or an apartment? MR. KNAPP: There is a bedroom over the garage. TRUSTEE KRUPSKh Where is the septic for that? MR. KNAPP: It's the tank that's currently in the driveway. It's right outside the garage. There are four tanks at the moment. Two of them are going to have to be removed. Our idea is to come in adjoining the one that's servicing the garage. TRUSTEE FOSTER: You have to put that on the plan for us, where they're going to go, where they are, where the new ones are going to go. TRUSTEE KRUPS KI: Can we vote on it?. TRUSTEE FOSTER: We can vote on it contingent on a new plan coming. GLENN HAASE: I'm going, to keep it within the area by this road. TRUSTEE FOSTER: You re going to need gutters and drywells for roof run-off and show that new septic system on the plan. I don't know about hay bales. The bulkhead actually sticks up about this far above the existing grass. There's grass right to the bulkhead. What kind of excavation are you going to have? There's no basement under that house, is there? GLENN HAASE: No. TR;USTEE FOSTER: Are you just putting in slab? GLENN HAASE: A crawl space. What this thing with the bales? TR:US ~TE':E FOSTER: We put a row of staked hay bales down. TRUSTEE KRUPSKI: If we think material during excavation is going to wash, during a heaw.rain, into the creek, we want a line of hay bales staked so the material hits that. GLENN H~SE: Well the only excavation is for the foundation, which is towardS '~he front. TRUSTEE FQSTER: Well it's over towards the bulkhead. TRUSTEE KEUPSKI: Okay Arties, hay bales or not. TRUSTEE FOSTER: Yes, throw a row of staked hay bales around the construcf, fon, fir and show it on the plans also, and relocation of the septic, and how you're going to tie in, and the roof gutters and drywells. Do I have a motion t? close the hearing? TR:U,STE~E B[CKERSON: So moved. TRU~;-EEIE KING: Sec,,o, nded. ALL AYES TR;USTCE FOSTER: [11 make a motion to Approve the application with the cond;ition of a staked row of hay bales to be put around the perimeter of the construc'~ion, relocation of the septic system to the Edgemere side, and that drywells with roof gutters for run-off be shown on the plan, as well as the septic and the hay bales. TRUSTEE KRUPSKh Seconded. ALL AYES TRUSTEE FOSTER moved to go offthe Public Hearings and go back to the Regular Meeting, TRUSTEE KING seconded. ALL AYES RESOLUTIONS: 1. MARTIN KOSMYNKA requests an Amendment to Permit #5505 to move the previously approved sunroom with an above-ground pool, in line with the existing ramp. Located: 1985 Pine Tree Rd., Cutchogue. SCTM#98-1-11.2 TRUSTEE KRUPSKI moved to Approve the application, TRUSTEE KING seconded. ALL AYES VI. MOORINGS: 1. DAVID KOLLEN requests to replace mooring #62 located in East Creek with a 12' boat. Access: Public TRUSTEE KRUPSKI moved to Approve, TRUSTEE POLIWODA seconded. ALL AYES 2. RICHARD BUTLER requests to replace mooring #18 in Gull Pond with a 25' boat. Access: Public TRUSTEE KRUPSKI moved to Approve, TRUSTEE FOSTER seconded. ALL AYES 3. BENEDICT S. ANDRUSKI requests to replace mooring #387 in Arshamomaque Pond with a 14' boat. Access: Public TRUSTEE KRUPSKI moved to Approve, TRUSTEE FOSTER seconded. ALL AYES 4. CHARLES HARVEY requests to re place stake #54 in Arshamomaq ue Pond with a 15' boat. Access: Public TRUSTEE KRUPSKI moved to Approve, TRUSTEE FOSTER seconded. ALL AYES 5. CHARLES C. WATTS requests a mooring in Mud Creek for a 20' sail boat in front of his own property. Access: Private TRUSTEE KRUPSKI moved to Approve, TRUSTEE FOSTER seconded. ALL AYES 6. WILLIAM & JOAN MOBLEY requests an onshore/offshore stake, for a 15' boat, off of their private right-of-way on Arshamomaq ue Pond. TRUSTEE KRUPSKI moved to Approve, TRUSTEE POLIWODA seconded. ALL AYES MEETING ADJOURNED AT: 12:30 AM Respectfully submitted by, Lauren M. Standish, Senior Clerk Board of Trustees RECEIVED JUL 3 0 2002 C,e'utholcl Tow~ tied,