HomeMy WebLinkAboutTR-05/22/2002Albert J. Krupski, President ~ Town Hall
James King, Vice-PresidenT ~_ 53095 Route 25
Artie Foster ~%%~ P.O. Box 1179
Ken Paliwoda Southold, New York 11971-0959
J Peggy A. Dickerson Telephone (631 765-1892
Fax (631) 765-1366
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
MINUTES
May 22, 2002
7:00 PM
Present Were: Albert J.. Krupski, Jr., President
James King, Vice President
Attic Foster, Trustee
Ken Poliwoda, Trustee
Peggy Dickerson, Trustee
Charlotte Cunningham, Clerk
Scott Hillary, CA C
Bob Ghosio, CAC
CALL MEETING TO ORDER
PLEDGE OF ALLEGIANCE
NEXT FIELD INSPECTION: Wednesday, June 12, 2002 at 8:00 a.m TRUSTEE FOSTER
moved to Approve. TRUSTEE POLYCfODA seconded. ALL AYES.
NEXT TRUSTEE MEETING; Wednesday, June 19th, 2002 at 7:00 p.m.
WORKSESSION: 6:00 p.m TRUSTEE FOSTER moved to change date from June 19th to June
26th TRUSTEE POLYWODA seconded ALL AYES.
APPROVE MINUTES: Approve Minutes of March 20, 2002 and April 24,2002.
TRUSTEE KING pass on the Minutes TRUSTEE FOSTER seconded. ALL AYES
I_. MONTHLY REPORT: The Trustees monthly report for April 2002 A check for
$3,068.09 was forwarded to the Supervisor's Office for the General Fund.
II.~. PUBLIC NOTICES: Pubhc Notices are posted on the Town Clerk's Bulletin Board
for review.
III. AMENDMENT/WAIVER/CHANGES:
1. PECONIC DESIGN & CONSTRUCTION, INC. requests an Amendment to
Permit #5446 to remove dead and diseased trees from w/thin 50' of the tidal
wetlands and replant ~vith bushes. Located: 57908 Main Road, Southold, NY
SCTM#66-2-2.2
TRUSTEE KING moved to Disapprove the application -area is to be let~
undisturbed. TRUSTEE DICKERSON seconded. ALL AYES
2. ANDREW NIKOLICH requests an Amendment to Permit #5459 to install 275
gallon steel tank for #2 heating oil on a concrete pad (3'x6') above ground along
outside walt of the garage wall. Located: 850 Budd's Pond Road, Southold, NY
SCTM#56-5-15
TRUSTEE POLIWODA moved to Approve. TRUSTEE DICKERSON seconded
ALL AYES
3. MICHAEL J. & JESSIE COSTELLO request an Amendment to Permit
#5481 to replace and rebuild wood deck. Located: 350 West Lake Drive,
Southold, NY SCTM#90-01-21
TRUSTEE POLIWODA moved to Approve. TRUSTEE DICKERSON seconded
ALL AYES
4. VICTOR & MARY ZUPA request a Waiver to install 123 feet of 4 foot high
black vinyl chain link fencing with one double driveway gate. Located: 580
Basin Road, Southold,, NY SCTM~81-01-16.7
TRUSTEE KRUPSKI moved to:Table the Application - Sent file to Greg
Yakaboski for review TRUSTEE FOSTER seconded. ALL AYES
5. Patricia C. Moore Esq. on behalf of MARC & ANNA CLEJAN request a
change of name from Thomas Meyer and Jeanette Meyer former Contract Vendee
to Marc Clejan and Anna Clejan Located: 2570 Clearview Avenue, Southold,
NY S CTM#70-10-29.2
TRUSTEE KRUPSKI moved to Approve the application with the stipulation that
the fence has to be moved 15 feet back so that the 50 foot non-disturbance buffer
will be completely non disturbance. TRUSTEE DICKERSON seconded ALL
AYES
6. Patricia C. Moore Esq, on behalf of PHILIP & JENNIFER STANTON
request a change of name from Arnold Buffum Lovell to Philip & Jennifer
Stanton. Located: 302 Town Creek Lane, Southold, NY SCTM#64-1-12
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TRUSTEE KRUPSKI moved to Approve the application. TRUSTEE FOSTER
seconded. ALL AYES
7. LAWRENCE BLESSINGER requests an Amendment to Permit #5385 to reflect
change to proposed patio and retaining wall as per revised survey 4/18/02
Located: 2626 Westphalia Avenue, Mattituck, NY SCTMl14-07-10,8
TRUSTEE POLIWODA moved to Approve TRUSTEE DICKERSON seconded
ALL AYES
8. Land Use Ecological Services, Inc. on behalf of DAVID BOSTIC requests
Amendment to Permit #5301 to replace an existing 8'x8'6" timbe~ deck with a
18'x 4' deck, existing 18'x21' fixed timber platform to be re-constructed in
kind/in place existing 26 lf. of"smooth faced" timber bulkhead tobe r,e-
constructed in kind/in place add (2) 4' bulkhead returns on east and west ends of
re-constructed bulkhead add 2'x5' ladder at seaward end of re-constructed deck
Located: 2634 Laurel Way, Mattituck, NY SCTM#121-04-13
TRUSTEE ICRUPSKI moved to Table - re-inspect 6/12/02 TRUSTEE FOSTER
seconded. ALL AYES
9. DOUGLAS & CAROLANN RYAN request an amendment to Permit #5220 to
add a railing and benches to the previously approved dock.
Located: 5210 Beebe Drive, Cutchogue, NY SCTM#103-9-2
POSTPONED AS PER APPLICANT'S REQUEST
10. Eh-Consultants, Inc on behalf of RICHARD ANDERSON request a one year
extension to Permit #5178 to construct a two story one family dwelling and
attached garage, deck, pervious driveway and sanitary system and install drywell
- connect to public utilities and connect to drinking well located in right-of-way
to Wunneweta road and for a 4' wide cleared path down to the water with the
condition that there is no disturbance on the north side of the dirt road. Located:
Wnnneweta Road, Cutchogue, NY SCTM#111-14-28
TRUSTEE KING moved to Approve TRUSTEE FOSTER seconded ALL
AYES
11. Mark Schwartz on behalf of ROBERT SOMERVILLE requests an
Amendment to Permit #5383 to change building footprint. Located: 485 Breezy
Path, Southold, NY SCTM#89-02-08
TRUSTEE KRUPSKI moved to Table the application - reinspect 6/12/02 check
to see haybale line is established. TRUSTEE FOSTER seconded ALL AYES
12. DOUGLAS DE FEIS requesting a one year extension to Wetland Permit
#5188 to include the existing patio, decking, stairway and dock, while
maintain'rog existing foundation footprint on the survey. Located: 1185 Cedar
Point Drive, Southold, NY SCTM#90-1-03
TRUSTEE POLIWODA moved to Approve TRUSTEE DICKERSON seconded
ALL AYES
13. Samuels & Steelman Architects on behalf ofRONALD & KRIS ItERMANCE
request a change of name from John Dempsey transfer Permit #5321 to Ronald &
Kris Hermance and Amendment to Permit #5321 for a house (55x60) pool
(24x18) and garage/pool house (20x35) Located: 240 Briar Lane, Southold,
NYSCTM#81-1-16.8
TRUSTEE KING moved to Approve - based upon the inspection of the Town
Code Enforcement prior to construction for a haybale line - drywells, gutters to
retain roof rrm-off from all structures - drywells for the pool backwash.
TRUSTEE POLIWODA seconded ALL AYES
14. Suffolk Environmental Consulting Inc. on behalf of ROBERT E. &
BARBARA ItOLLEY request an Amendment to Permit =~5238
to construct a detached garage 24'x36' in the exact same location and eliminate
the proposal for a septic system. Located: 985 Bayshore Road, Greenport, NY
SCTM~ 53-3-12
TRUSTEE KRUPSKI moved to Approve based upon revised survey. TRUSTEE
POLIWODA seconded All in favor ALL AYES
TRUSTEE KRUPSKI moved to go off the Regular Meeting and go onto the Public
Hearing
TRUSTEE FOSTER So moved TRUSTEE KING seconded. TRUSTEE ICRUPSKI
All in favor ALL AYES
I. 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
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1. Suffolk Environmental Consulting, Inc. on behalf of WILLIAM H. PRICE,
JR. ESQ. request a Wetland Permit to cons~'uct a 1725 s.f. single family dwelling
(footprint) with a 550 s.f. attached deck I footprint) an 865 s.£ gravel driveway,
septic system and waterline, and place 125 cy of fill to elevate the septic system.
Located: 100 BayRoad, Greenport. SCTM#43-5-10
TRUSTEE KRUPSKI: Would anyone like to speak in favor of the application?
BRUCE ANDERSON: Bruce Anderson of Suffolk Environmental Consulting for
William Price. You know that we all meet out at the site last week. I think that
you were all satisfied. The only question that came up was whether or not the site
falls within the Coastal Erosion Hazard Area. I checked that with Mr. Pendergras
I checked the index map I found that jurisdiction was only to the eastern shorehne
of Gull Pond. I have a copy of the index map.
TRUSTEE KRUPSKI: We saw it. We looked at in the office. It is very close that
is why we were not sure.
BRUCE ANDERSON; It is close and something that is previously approved
certainly very far from the water.
TRUSTEE KRUPSiKI: Is there any other comment on the application? The CAC
has comments fromDecember. They recommended disapproval because the
proposed structure was not staked landward edge of the wetlands should be
idanfffied and flagged. There is also concern about the flood fide mark in
relationstfip to the proposed structure. CAC has a concern with the existing
pipe and redirection of the road run-off. CAC recommends that the structure is
moved seventy ~ive feet from the wetlands. Are there any Board comments?
TRUS~FEE KING: My only concern is the one road drain that is going to be taken
care o~
TRUST~EE FOSTER: That was part of the original permit.
TRUSr~'EE KING: That is what I thought to. It never got done. Well it will have
to be. ~e.
TAPE ~HANGE
TRUSTEE FOSTER: The only issue was the drain.
TRI/JS~EE KRUPSKI: Obviously, thc town will have to solve the problem.
Because with the driveway going in. The drain is not going to work. It is a Town
problem. The water is not coming off the applicant's property. It is a Town
problem so it has to be resolved by the Town.
BRUCE ANDERSON: (cannot understand not speaking into macrophone)
TRUSTEE KRUPSKI: Brace, can you please use the microphone.
BRUCE ANDERSON: If that was done successfully, what we had in that case
was a:p~rmit to make the contact. The only difference is that in our case for
whate~v~r reasons. The Town did not act. So we should have the same pcm~nit.
Perfed~ willing to write that letter again and whatever follows up is necessary.
But the xeality is it is the Town responsibility To handle the run-off. But we are
not going to allow the present situation to continue in any event.
TRUST/EE KRUPSKI: Are there any other comments? Peggy and Jimmy any
other comments? Artie any comments? Is there a Motion to close the hearing?
TRUSTEE KING: So moved.
TRUSTEE FOSTER: Seconded.
TRUSTEE KRUPSKI: Would anyone like to make a Motion?
TRUSTEE KING: I will make a Motion to Approve the application with the
condition that the Town be notified that something has to be done with that
culvert which is draining onto this property. Row ofhaybales fifty feet from the
wetlands - pre-construction inspection to make sure that the haybale line is
correct no turf on the seaward side of the house. Gutters and drywells for roof-
run-off.
TRUSTEE KRUPSKI: Since the Motion is made is there a seconded.
TRUSTEE POLIWODA: Seconded.
TRUSTEE KRLrpSKI: All in favor. ALL AYES
:
2. Suffolk Environmental Consulting, Inc. onbehalfof BARBARA&
GRAHAM HEAD request a Wetland Permit to re-vegetate the southwestern
through northern section of subject property, along the shoreline with native
plantings. Located: 1160 Goose Creek Lane, Southold, NY SCTM#78-08-5.1
TRUSTEE POLIWODA: Is there anyone who would like to speak on the
application?
BRUCE ANDERSON: Yes, Bruce Anderson. of Suffolk Environmental
Consulting for the applicants, BARBARA & GRAHAM HEAD. Last week we
were all out. We all know what the situation is and what should be done. At least
generally, the problems with these kinds of situations. Is try to take an
opportunity to make it better. So that you wind up with a situation that is better.
Any clearing or any removal of any material whatsoever. Part ofwhat was stated
the questioned was bad design. I will concede to you I am not a plant biologist.
What we agreed to do at our heating with Mark Terry, who is your environmental
expert in town. We immediately wanted to do that. I spoke with him about,
because I walked him through the plans, just behind you. I also expressed to him
what your concerns where. That was mainly that it would be important to double
up the numbers of plants and Backerus. What we agreed on so far is that we lay
out the arrangement and placement of plants because we are dealing with a
marginal zone. It is appropriate in the prewous plans and it is appropriate in this
plan. The second thing that we agree on. Is that the choice of material will work
because it is all native particular the marsh plants that are chosen. I can say from
my own experience. We never had a problem of survivability when you talk
about planting the Marsh Elder and Back~rus. We simply do not have those
problems and so the marsh related plants are those that are likely to do the best
and they are placed by the shoreline to insure that. What that leaves us with -
what it left us with where the trees and we originally suggested White Birch,
which Ithink it is appropriate that is planted on my own setting. There was a
suggestion that well perhaps they should be Black Cherry. We are flexible on that
and we have increased that number as well. The tricky thing about all this from
my standpoint
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Is up at the northeast comer you are staring to see growth of phragtuites and what
we would like to do to control that growth. This is something that Mr. Terry and I
talked about and it is his feeling thai you really do not want m go in there and just
dig up the whole thing. We feel that it might be good to apply a wick type of
ereosol since it is a small area but it could become a big area. It is directly across
the lagoon on the west side. It is if you come in under the bridge to your right pass
that po'mt there. Years ago I showed you apicmre. I had seen a picture where
these rows ofphragmites. Become a bigger and bigger problem and something
eventually. All people interested in wetlands they become a death wish. You
have to seek a program that vacates it. But this is a very small area and I think
that is the only area here which I in my opinion something that is morepart of the
plan. We are going to try it. Leaves us with is the question of reporting because
the town interest is. We are going to take this situation. We are going to make it
better. We agree on the plantings and the density. We agree on all the~e sorts of
things. How do we know it is going to work? I suggested that annual monitoring
situation where we can go back and photograph. We can inspect. We~can tag the
trees which we have done before· The only difference is that Mr. Terr3~.~ is
envisioning a semi-annual inspection.. The rash here is to get the plar~ts in as
qUickly as possible. We are right in the growing season now. You reaily do not
want to go in there in the dead of summer. The plant specimens will b~ hardy and
get them to grow at that point. So we are right we should be planting. ~Ve are
towards the lateral end. I would rather have done this a month ago. Tl~e report is
fine and frankly it is something that we are going to learn a great deal ~bout. The
only outstanding issue after that. Is the question of the dock? There isla dock,
which we show aC the north end of the property. It has always been thee. It has
been there and fully permitted by the trustees. There are two or four d~cks I seen
eleven boats in there· If those docks are not permitted they will have t4 be
removed. Frankly that is up to the Board's discretion. We do not use ~hem. That
is what we are left with these· They are easy to remove them.
TRUSTEE KRUPSKI: Thank you. Are there any other comments?
CAC has comments?
SCOTT HILLARY: Yes, it was difficult for us. Because we did not walk
through the planting plan. Now it seems that things may have changed. The
meeting with Mark Terry, the environmental planner. We had recommended
disapproval and that the area be re-vegetated naturally. It is an unknown if this I
going to be beneficial to this area. We do not feel that it will achieve the pre-
existing natural conditions.
TRUSTEE KRUPSKI: Thank you. After our field inspection last week. We
contacted Mark Terry who works in the Town as an Environmental planner and
because our office has limited resources in this area. We asked him to review this
plan. Our opinion looking at what was submitted last week. It was somewhat
skimpy. He agreed - they increased the number of marsh plants with r~vised
plans.
BRUCE ANDERSON: I will point out that I am showing forty-eight Backems
but it should be sixty-s~x.
TRUSTEE KRUPSKI: We are satisfied wi~h that. Are there any other comments
do I have a Motion to close the hearing?
TRUSTEE POLIWODA: I have a final comment on this. You recommended
putting rodeo in the wetlands. I do not agree with that.
BRUCE ANDETRSON: There are a couple of things that we can do. The best
things we can do are removing the prhragmites. Pulling out phragmites by root is
no small undertaldng. I think it is too much. For an individual to do. That type
of project should be first conducted by the Town. It is very hard to pull our.
TRUSTEE KRUPSKI: We have had success in those areas.
BRUCE ANDERSON: It is hard.
TRUSTEE KRUPSKI: We have had applicants apply and create phragmites free
wetland.
BRUCE ANDERSON: If that is what it is. We will certainly try. But with the
width we can try clipping it. We can buzzer it. I assume will now be every six
months. Instead ora year advising us. I can tell the initial plantings will be high
mark. That is where we are going to start.
TRUSTEE DICKERSON: Can I ask a question is all the re-planting gomg to be
completed by construction?
BRUCE ANDERSON: All we have is a permit to do some structural repair that
needed to be done on the house. That has nothing to do with this application. But
you will see us again not only because of the monitoring but on a larger picture.
We are going to be coming back for the enlargement of the structure. That will
require permits from you. We do not have a design yet frankly. We are working
with a l/mJted budget and we are going to take care of important things first. So
you will have a monitoring m place. I can tell you that you will see a future
apphcation on this property.
TRUSTEE KRUPSKI: Did you give a timetable for this planting plan?
BRUCE ANDERSON: The plantings of the marsh I would like to see as early as
Monday or Tuesday of next week. It may take us to the following Spring to
fininhthe plan. But when we are talking about doing it in the following Spring.
Would be most of the wild flowers mixes, the beach grass and the tree. But we
want to do the marsh.
TRUSTE POLIWODA: The things that we pointed out in the field. A single
residence is only allowed one dock.
BRUCE ANDERON: I used to keep my boat down there and I can tell you that
there ~vas as many as seven or eight down there.
TRUSTEE KRUPSKI: Will someone make a Motion to close the hearing.
TRUSTEE POLIWODA; I will make a motion to close the heating.
TRUSTEE DICKERSON: Seconded.
TRUSTEE POLIWODA: All in favor. ALL AYES
TRUSTEE ICRUPSKI: I will make a Motion to Approve the application of
BARBARA & GRAHAM HEAD with the following conditions that the wetlands
species be conducted within thirty days Marsh Elder, Beach Plum, Sea Lavender,
Beach Grass and the Gazelle Brush be planted be planted within thirty days and
that Wildflower Mix and the Black Cherry be planted at the recommended
numbers of the Environmental Planner for Southold. Applicant submits a report
8
to the Environmental Planner for compliance twice a year for two years. Two
docks that do not have perrmt are removed, that there be no application of Rodeo
at this time to control phragmites - comphrensive phragmitcs plan do that
separately besides straight moving.
BRUCE ANDERSON: I will be happy to look at it. May I make one suggestion
that when you are talking about planting the marsh? That march plants that fine
which is clear that the beach plum is not a wetland species. So we are going to
probably get to that a little later. I do not want to be in violation again. But
certainly the Marsh Elder, Grazzel Bush, Sea Lavender with/n thirty days that
what we will do. That is what we want to do.
TRUSTEE KRUPSKI: Is everyone satisfied?
Ali in favor. ALL AYES
3. GARY GERNS, Contract Vendee requests a Wetland Permit to construct
single-familyresidence. Located: 1680 Brigantine Drive, Southold, NY
SCTM~79-04-25
TRUSTEE KRUPSKI: Before we start - Mr. Gems you were here last month.
What the Board is really seeking here is a 100 foot septic system set back which
we agreed and a fifty foot non-disturbance buffer. Which the Board felt you
could reach after visiting the site. Because we thoughi your wetland line was
incorrect in your favor. We felt that the wetland line was actually further from the
road than you originally had it surveyed. Which gave you more upland. The
Board will still like to see a plan showing a 50 foot non-disturbance area
You have to squeeze the house closer to the road.
GARY GERNS: I am showing thirty five feet right now, you want it closer to the
road?
TRUSTEE KRUPSKI: As far as we are concerned. You can. You might have to
get a variance for that. I do not know what the set backs in that neighborhood?
TRUSTEE POLIWODA: They are forty feet.
TRUSTEE ICRUPSKI: You would have TO get a variance.
MRS. GERNS: The DEC has just recently re-flagged the lot. It is even shorter
than.
TRUSTEE KRESS: They made it further from the road the wetland line?
MRS. GERNS: They made it closer. The new survey shows that.
TRUSTEE KRUPSKI: We went out there we felt that. I am going to ask the
CAC for their comments. We felt that the wetland was flagged too close to the
road.
BOB GOSHIA: It did not look like that there was enough room for a building
envelope.
TRUSTEE KRUPSKI: We felt if the house was pushed all the way to the road.
We felt that the wetland line is incorrect..
SCOTT H1LLARY: Was it estimated by the State?
TRUSTEE KRUPSKI: I have no idea. We felt that it was further from the road
and that they should put the house against the road. There was room for a fifty
foot set back and a one hundred foot septic.
SCOTT HILLARY: We had the same concerns.
TRUSTE~.KRUPSKI: So we would like to see that. We would be happy to meet
you next month in the field and show you where we think the wetland line is.
Because I do not think that we agree with the basic. We felt it was further from
the road. Gives you more upland.
IV[RS. GERNS: It was further from the road. But the DEC on May 3rd revisited
it.
TRUSTEE KRUPSKI: Who flagged it. Do you know?
MRS. GERNS: I have his name. If you push the house all to the neighbors
sixteen feet and brought up to th'~rty-foot front yard set back.
TRUSTEE KRUPSKI: You can come closer to the road. So we will meet you on
the site next month and we will go over the wetland. Is it flagged? Is its actually
flagged there?
MRS. GERNS: Yes it is flagged.
TRUSTEE KRLrPSKI: It would be Wednesday, June 12th. It would be some time
in the mid morning. You can call Laurem it is her month to do the inspection. Try
to Straighten out the wetland line once and for all. We will take the measurements
there and if you put stakes. We will show you where the buffer should be. Them
you can have the surveyor put that into the survey. I will make a Motion to Table
the application.
TRUSTEE KING: Seconded.
TRUSTEE KRUPSKI: All in favor ALL AYES
4. JAMES F. & NANCY J. BRUSH request a Wetland Permit for an In-ground
Swimming Pool. Located: 8581 New Suffolk Avenue, Cutchogue, NY
SCTM#116-01-1.2
TRUSTEE FOSTER: Oh - Mr. Brash I guess you want to speak on behalf of
your application. Do you have anything to say about it?
JAMES BRUSH: I am all for it.
TRUSTEE FOSTER: Kind of figured that. Any other comment?
BOB GHOSIO: CAC recommends approval.
TRUSTEE FOSTER: We all looked AT it and did not really have a problem
with it. The only concern that I did have that drainage easement is fight through
there. Before you moved in there had been a few problems. Any Board
comments?
TRUSTEE KING: No
TRUSTEE FOSTER: Do I have a Motion to Close the hearing.
TRUSTEE DICKERSON: So moved.
TRUSTEE KING: Seconded.
TRUSTEE FOSTER: All in favor. ALL AYES
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I will make a Motion to Approve the application for JAMES & NANCY BRUSH
for the in-ground swimming pool 8581 New Suffolk Avenue, Cutchogue, NY
TRUSTEE KING: Seconded.
TRUSTEE FOSTER: All in favor. ALL AYES Approved
JAMES BRUSH: Thank you very much.
5. MICHAEL A. CItUISANO as Contract Vendee requests a Wetland Permit
construct a single family dwelling. Located: 575 Diamond Lane, Peconic NY
SCTM#68-2-10
TRUSTEE KRUPSKI: Anyone would like to speakin favor of the application?
CHUCK BOWMAN: Chuck Bowman of Land Use Ecological Services. I think
there has becm a bit of information gathering. It was brought to my attention by
the applicant's counsel, that there was potential for a small wetland area, and I
went out and flagged that and located it. A ldnd of a synopsis is before wehad
the survey, which we now have. Showing the exact size of. The size of that area
is small. I think that the Boards reference that within that area that there is some
Marsh Fern, most of the upland species. It is interesting to note that if you go
through and actually dug some test holes all though this very small area. (Cannot
understand) In other areas along the edges. It is kind ofpretry strange situation to
definitely call this a wetland. I think would be a misnomer. Yes, there is some
wetland vegetation in there. Alsothere is upland vegetation there as well. Yes
there some (cannot understand - muffled) it doesn't have the composition that
gives it more than fifth percent of wetland species. However that is here to say.
We recognize that there is a concern about that. One, whether it be a T~ustee
wetland or not. Second, if it was, certainlyit seems the opportunity to just look
into the new survey that you have there. To be able to basically reconfigm'e the
sanitary system to have expansion pools to the side of the sanitary system and
therefore move the house a little further to the north. Thus keeping this area
undisturbed. However you look at it. So it is up to the Board to give us basically
some guidance on this. (Cannot understand - muffled) This has been treated as
a front yard. From the east side of Diamund Lane and if you were them you know
it is pretty far. Whether it not be considered a front yard consider it a side yard.
So then we would have to turn the house again stay away from this area. I do not
know whether that is as much concern to you that we h~ve stated. You have our
information the typographic from that area. The area.of vegetation that is there
and basically a synopsis of the species those are there,
TRUSTEE KRUPSKI: Thank you. Are there any other comments?
LUC1LLE SIRACUSANDO Myname is Lucille Siracusano, I live on Diamond
Lane in Peconic and I am a life long resident of Southold Town. First, I am
completely aware of any activity in the dune land I have lived there in Peconic for
twelve years and I frequently visit the beach. There is a wetland on the left hand
side as you come down the footpath. The comer of the house has been sited right
next to it. If you look at his site plan his driveway or parking lot. Is in the south
0fthis parcel will be in the wetland. (Cannot hear - muffled). Second, I have
great concerns about the bluff about putting a road down. Which is very fragile.
Who will be responsible for the surrounding bluffs - deterioration in years to
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come for a house that is fight next te the bluff?. Third, from the time that I have
lived there I seen that parcel flooded at least twice. On one of those occasions it
took two to three weeks for the water to subside so that you could get through to
the beach. I walk my dog down there all of the time. So does this fact mean that
in order to accommodate a world within a house that the land space be reshaped,
reconstruct and rebuild. Built up m order to accommodate a house? Finally I see
no logic to the private development of this pristine parcel of land next to
Goldsmith's Inlet County Park. There is also in place the legitimate means for the
preservation and comprehension through County Legislation and private
individuals. Please do not allow this land to be changed. I would like to thank
the trustees for their attcmtion to this matter. I have here my Neighbor's - Carmen
Ramis house is set directly above and she is unable to be here. But they asked
our friend Peggy to speak on their behalf and they wrote a letter that she is gomg
now read.
PEGGY HELLER;: Good evening, my name is Peggy Heller, a resident of
Southold Town. I will read the letter from Carmen Ramis and Marion Gotbetter
this letter was addressed to Mr. Krupski and the Trustees "We want to reiterate a
few points and address certain issues after reviewing the applicant's file - Private
preservation alternatives exist. As forwarded to you by Peter Scully, the County
passed resolution to begin reviewing acquiring the property on January 29th.
Recent discussions with Tim Cauifield of the Peconic Land Trust along with
correspondence with Peter Scully re~flrra our belief that the County is ready to
make every effort to acquire the parcel. Assuming that Mr. Chusiano's
application is rejected or he chooses not to pursue building. Tim Caufield offered
that he would be able to assist with the acquisition and explore a variety of
options to do so. We are deeply concerned that a lengthy process will deepen Mr.
Chusiano resolve to continue pursuit of permits as he increased his time and
financial investments. Conversations over the past several years with the owner,
Paul Magg~o, suggested that he become increasingly frustrate with the stalled
process of County acquisition. Now that we do have the County's go ahead. In
addition to the willingness of private citizens to contribute to the purchase. We
need to seize this opportunity to preserve this pristine land. As verifie(~by Chris
Pickerall of Cornell at your request, freshwater wetlands exist at the southern end
if the property. We assume this area needs to be officially mapped and addressed
by Mr. Chuisano in his application process. The staked site of tke proposed house
sits on the edge of the area. It is our understanding that this house needs to be
specified distance from the freshwater wetlands as well as tidal wetlands. Would
this push the site of the house over the Coastal Erosion Hazard line and further
limit the building envelope? Flooding by rainwater and the Sound is more
common and extensive than the 100-year flood plain definition, as documented by
photographs and personal accounts by long-term residents of the area. We
believe it may also quali .fy as an area if shallow flood plain as defined by
Southold Town Code Section 46-4, The CAC recommends disapproval of the
Wetland con-anents based on many of the same ecological ground we have
addressed. As for Pat Moore's comments at the April 24th hearing we are hoping
that SEQRA actions are seriously addressed and considered given the proximity
12
of the property to County Park among other things. 'lite Peconic Dunes have
been spared development for decades. We fea~ that allow/ng building now. Of
even one home, will set a precedent for further disturbance and ultimate
destruction of this pristine and environmentally sensitive area. The last of its
kind. Thank you again for your time and attention. We eagerly await the results
of the hearing and will follow up with you upon our return. Very truly yours,
Marian Gotbetter and Carmen Ramis" Thank you.
TRUSTEE KRUPSKI: Would anyone else like to speak?
TAPE CHANGE
DEBORAH GORDON BROWN; Since I will not be able to attend the Pubic
Hearing on May 22 for
The review ofaWetland Permit to construct a home adjacent to Goldsmith's Inlet
in Peconic. Since I will not be able to attend the meeting I have submitted
written comment. I believe that I am one of the longest resident of the area. I
maybe able to offer helpful information. My parents bought the land at 2515
Soundview Avenue, in 1956 and I spent my childhood summers there I am very
conceraed about the proposed house. For a number of reasons - one- accessibility
to erosion. The construction of the jetty m Goldsmith's Inlet, which I believe took
place in 1983, was the rapid erosion of sound front land in that area. Within a
year or two of construction of the jetty. My parent's property lost well over 100
feet of depth. In addition to losing beach, we lost a primary dune, which was then
a primary sece~ldary dune system. The erosion on our beach is halted bythe
construction ufa groin to the east of the Bitmer's property. As you well know the
jetty at Goldsmith's Inlet has become controversy and there has not been an
agreement om a long-term solution for the whole area. If it shouldhappen that the
Bitmer groin is ~emoved. Without the removal of the jetty than it would be
responsible to expect the renewal of rapid erosion in that area. I am enclosing a
copy of this plan. That is based on the 1956 U.S. Geological Survey Map of the
area. If you compare it with the present tax map it is clear how muchofthe area
changed after the construction of the jetty. The houses shown next to the beach to
the west and east of the property in question have either washed away or have
been moved back since the jetty construction. Two, Potential for flooding - when
I was a child there were a number of dead pine trees. Star, ding some five hundred
feet inland of the dunes. Older residents said that they had been killed 'by the
Hurricane 1938. Since they were not blown over by the storm I assumed they
Were killed by being subjected to substantial flooding. If a simitar storm were to
occur again it would be reasonable to assume that a house in this zone would be
seriously flooded. Addition to storm flooding there is a wetland (cannOt
understand muffled) phragmites in this area over the time that I have lied here. I
also have noticed the migration of Pines from the dunes in the last twelnty years.
Which suggest to me that there have been some changes in the tmderllr/ing water
table. Three - Detraction from the overall beauty of the area as seen from
Goldsmith's Inlet County Park one of he very special qualities of this a~ea is the
relattvely ~n taxing quality of coastal terrain. In the Goldsmith Inlet an4 Peconic
Dunes County Park. Fortunately no grand estates were built that would divert the
natural vegetation to lawn and no roads were built close to the coast. A~s in the
13
Kenney Beach Area. There is wonderful variety of natural vegetation fi:om the
dune plants through a rich aroid litch'mg across the area. One of the striking
characteristic of the County Park at Goldsmith's Inlet. Is that even though it was
bored by a selection of houses on Diamond Lane It is possible to walk through
the park with you being aware of most of them. Thanks to the screening by the
terrain and thanks to the modest scale of the houses, the proposed house is in an
area in which it cannot be screened from view from the park It will also upset the
character of the wide opened coastal area. To make matters worse current law
requires house to be a m'mimum size. So it will not be possible to build a little
cottage. But the ones that line Middle Lane on the other side of the inlet. Four,
alternative use - It is my understanding that the County and the Peconic Land
Trust are interested in acquiring this parcel and preserving it for public use. As
funds are available through groups of landowners. Therefore, since it does not
have apermit to build. Will not create an undo hardship £or the owner's. Thank
you for yom' consideration. Sincerely, Linda Coop
TRUSTEE KRUPSKI: Thank you. Would anyone else like to speak?
NEIGI-D3OR: I am nor going to read my letter. But I would like to bring the
question of the discharging system of the ground water. I could remember in the
early 1970's we had inquired about the possibility of building a cottage
beachfi:ont closing to water than our existing house. The answer was absolutely
no. For all the reasons which
TRUSTEE IGRUPSKI: Thank you.
AL KNAPP: I also live on this street - my name is A1Knapp - I agree with every
thing that has been said. It is a very fi:agile area and if you had the option of
perhaps Suffolk County or whoever tak'mg this parcel. I think that youbest serve
the interest of the people of Southold. If you do that.
TRUSTEE KRUPSKI: Thank you.
HUGH SWlTZER: Hugh Switzer of Peconic, I would strongly like to
recommend against the Permit for the same reasons. If you have the opportunity
from the County. I think it is a wonderful opportunity- hardly ever comes along.
TRUSTEE KRUPSKI: Thank you.
PATRICIAMOORE I am, Pat Moore, Iwill not continue the comments that
everyone has made for the records. I want to point out that I reviewed Mr.
Bowman report and I still that Chris Pickerall who provides me with a depth
opinion. Stated that there are wetlands on this property and that I would like the
opportunity to speak with my client about an opinion of their own. It would
certainly be logical for the Trustee's to refer this report to Chris Pickerall if he
would be at all helpful in this matter. One issue that there were some comments
sent to the Board. One of the issues the steepness of the access road. I know Bob
Schroder, and Artie you are on the Board. They operate equipment very well. I
know that they are very talented. However the engineering of this access. Is very
important in this application. It could undermine my client's property and the
fact that he thinks that it is just going to be driveway. In fact the code requires a
15 foot clearing area for emergency vehicles. So it is somewhat misleading to
believe that it is just going to be a small driveway. There is actually going to be a
need for emergency access. That is certainly something much more intrusive
14
than what is being proposed. I do also want to emphasize and I know the Board
has this letter of April 27th. It is from the Department of Parks Recreation and
Conservation where you have the County, the Town that is prepared to
compensate the property owner. There is always being a taking. In other words
this Board can deny this Permit. The property owner who is the rightful
beneficiary of compensation will be compensated. It is unfair for the applicant.
Unfair for a permit applicant. That is why permit applicant's are usually contract
vendee's because they do not have a fight to compensate. It is all in place here
public dollars are ready to be spent here and for once you can actually deny a
permit and know that there will not be an issue of someone being damaged.
Thank you.
SCOTT DILLION: My name is Scott Dillion, and I live in the community that
surroUnds this area. My mother owns a five-acre parcel with'm 100 yards of the
proposed building site. I grew up on that beach. I am resident of the town since
1969 and I just want to say that my concern is not only that beach. By having
something that mares a view of the sunsets and that whole park area. I am also
fearful that it will establish a precedent with other types of buildings will occur I
am thoroughly opposed to have anything built there. I know that I am speaking
from emotions than reality. Thank you.
ABIGAIL WlCKHAM: I will try to be briefi Because I believe that we will be
back here again. But my name is Abigail Wickham and I am representing Mr.
Chuisano. I would just like to respond to the comment very briefly, First of all
based cra Mr. Bowman's comments that there is a question as to the exist'rog of the
Wetland:within your jurisdiction and to the size and liability and importance of
those wetlands. It is a very important function that you serve when you are
dealing with a viable wetland system. But you have to balance. I do not need to
tell this, but it is important for these people to understand that your job is to
balance benefits and detriments of environmental concern for these property
rights and owner. Because any development is going to affect the environment.
The question of what effect? It should be permitted and to what extent. You can
protect it. I understand certa'mly, that many of the neighbors who have been here
tomght that are opposed to the development of a parcel that has really been there
own private nature area for many years. But as we know emotional feelings are
not a legal basis for decision. Certainly, extensive wetlands deserve your
protection. But as Mr. Bowman has described wetlands as minimal. The question
of whether they are m'mimal. Mentioned that there are specifically, two bushes at
the main indicated specxes. We ask that you apply a standard of reasonable and
consider only the tract of land in question that is being considered as wetland and
not the issue that the neighbors. One of those issues is the driveway, which
certainly has to be considered in its construction and be carefully constructed. We
are concerned about the access of their property will be constructed as the person
who will be using. That will certainly wiI1 be subject to careful review. But aga'm
I do not believe that proposed driveway, can be different than those in the
neighborhood. Specifically the house on the left that goes into their Hollow. I do
ask that the backdrop of this really stay a wetland issue in that particular spot.
Thank you.
15
CHUCK BOWMAN: I just have one other correctable comment. You have the
new survey there.. What I am planning on do is amending my report to reflect the
survey- to survey the square footage and the numb~ of plants put there. That
will be provided to you (cannot undcn'stand not speaking into microphone).
TRUSTEE KRUPSKI: Just a couple of brief comments. Does the Board have any
comments? In relation to the wetland what you submitted shows the wetland
area. I think most people are familiar with it. Certainly enough documentation in
the file to show that. But the proposal for a house located 7-1/2 feet from the
wetland area with a specfic system eighty feet. It doesn't put this in perspective
from the wetland issue which certainly we are just scratching the surface of
ton/ght. Aside from the driveway issue which certainly is not resolved because I
do not see any plans for a driveway. It would have to be staked out. I sent a letter
on May 2~a after our first field inspection. I sent a letter to Mr. Daly Bureau of
Flood Protection of New York State Department of Environmental Conservation
Mr. Daty works in the Coastal Erosion area for New York State. Because when
we revtewed the code under Coast Erosion Chapter 37-13B the letter says that
the Southold Town Board of Trustee's in reviewing the application for a house on
Long island Sound. The Board feels that the proposed house is in a structural
hazard area. Based onthe erosion rate for that area. Therefore, under Chapter 37-
13B building is prohibited. I do not knew if the Board wants to act on that tonight
instead ofprolon~ng what could be an extensive wetland type of review. I do not
know if you want to take.
CHUCK BOWMAN: I just have a question. The line showing that line with the
Coastal Erosion Hazard Line is?
TRUSTEE KRUPSKI: We assume that it is correct.
CHUCKBOWMAN: Right, so the question on why you think that this would be
within a Coastal Erosion Hazard area.
TRUSTEE tCRUPSKI: No the structural hazard area defined in Chapter 37 off
shore land located landward of natural protected species which in this case would
be a dune. Having shoreYme receding at a long-term average recession rate of one
foot or more per year. That is the structural hazard area. It goes on and on.
CHUCK BOWMAN: The structural hazard area would be than be limited by the
Coastal Erosion line. That takes into account all of those structural hazard areas
are landward of the line that has been map and adopted by the Town of Southold
and adopted by the State of New York.
TRUSTEE KRUPSKI: It did not seem clear and I spoke to Mr. Daly verbally on
the phone that day and he seemed to agree with our deterrrfmation. He has yet to
agree with that in writing. We have yet to hear from him in writing. I requested,
I sent him a letter for his opimon. We are waiting for that. We are also going to
have to contact Fred Anderson - Department of State. That is a serious erosion
area because of Goldsmith's Inlet Jetty.
CHUCK BOWMAN: I am not disagreeing with you.
TRUSTEE KRUPSKI: The Town and the State have spent around six hundred
thousand dollars to study that area. So we should have some pretty good numbers
that can be generated.
16
CHUCK BOWMAN: I think that you have to keep in mind that this applicant in
good faith wants to purchase this property. They have some rights to do that
not limiting these questions that need to be answered. This question of
acquisition or anything else. I tlfmk that is wonderful but we cannot all depend on
that. I have seen so many properties over that have never gotten acquired and that
~s too bad. That has to happen so that type of question about the Coastal Erosion
area is certainly something we can answer. We will take it upon ourselves to
answer that to.
TRUSTEE KRLrPSKI: I would like you to do that.
CHUCK NOWMAN: That is not a problem.
TRUSTEE KRUPSKI: We are not limiting the abihty of the owner to sell it. We
are not limiting the ability of contract vendee to buy it. He can buy it any time.
CHUCK BOWMAN: But a lot of the conversation here has been it should be
denied because the County will require the property.
TRUSTEE'KReSS: That is not our position - we did not have that discussion.
CHUCK BOWMAN: Apples and oranges.
TRUSTEE tCRUPSKI: It is.
CHUCK BOWMAN: We will investigate and amend our report I know the
answer but I will prove that to you. Certainly the question of driveway activity.
We need more information on that?.
TRUSTEE KRUPSKI: This is the beginmng ora very long process and some of
these have gone ten years in the review process. This is such a sensitive area. We
are certainly not leaving room for any questioning.
CHUCKBOWMAN: I am go'rog to contact Chris Pickerall myself and meet hun
out there. SO we can all be on the same page. I want to correct that for the record
to. Actually to indicate that I said there we no wetlands species, because there are
wetland species. But there is a question on whether or not that very small area
actually functions as a wetland. I can find Wetland species in upland situation as
well.
TRUSTEE KRUPSKI: Well I think that you submitted a survey that shows
wetland boundary.
CHUCK BOWMAN: Again I want to amend thaT. I also need to amend my
report to reflect what is in there.
TRUSTEE KRUPSKI: Okay, to be continued then. If there are no other
comments? I will make a Motion to Table the application until further notice.
TRUSTEE POLIWODA: Seconded.
TRUSTEE KRUPSKI: All in favor. ALL AYES.
17
6. ROBERT SOMERVILLE requests a Wetland Permit to construct fixed open
walkway 4'x45' h'mged ramp 4'x16' and floating dock 6'x20' install two 2 pile
dolphins to secure floating dock. Located: 485 Breezy Path, Southold, NY
SCTM#89-02-08
TRUSTEE FOSTER: Any comments on this application?
Any Board comments?
BOB GHOSIO: CAC recommended approval.
TRUSTEE KRUPSKI: There was a permit that was originally issued and
expired.
TRUSTEE FOSTER: This is the empty lot.
TRUSTEE ICRUPSKI: The house permit did not expire and they applied tonight.
Because there was a violation for clearing mad they applied tonight to amend the
house footprint. This is strictly approval for the dock that had a permit that had
expired.
MARY ANN FEAVEL: Mr. Sommerville called us and told us that he is in
Germany. The house is being amended and the dock permit expired without any.
notification. Proper-T Services had given Mr. Sommerville the letter which is in
the file saying that the date on this letter was the date on the permit.. I went in
the last week in April to have this dock permit extended for one year. That is
when I founded it had expired in August. It is identical to what was approved
before. The dock is 230 feet from the opposite side.
TRUSTEE KRUPSKI: Thank you any other comments?
TRUSTEE FOSTER: No - we looked it. Motion to close the heating?
TRUSTEE KING: So moved.
TRUSTEE FOSTER: All in favor. ALL AYES
I will make a Motion to Approve the wetland permit for ROBERT
SOMMERVILLE to construct fixed open walkway4'x45' hinged ramp 4'xl 6'
and floating dock 6'x20' install two 2 pile dolphins to secure floating dock with
the stipulation that there be low profile. All in favor. ALL AYES - Approved
MARY ANN FEAVEL: Thank you..
7. HARBOR LIGHTS CANAL ASSOCATION requests a Wetland Permit to
maintenance dredge approx. 5,000 cy of sand from the entrance of the canal.
Located: Harbor Lights Drive, Southold, NY SCTM#71-2-1.1
TRUSTEE KING: Is there any one here to comment on the application?
MR. COSTELLO: since I was brought in on this application at the very very last
minutes. I am here to clarify the meeting that we had the other day. I understand
that I am to give the Board a survey showing the dredge area. I am going to
request approval pending that survey which I have had any correspondence.
TRUSTEE KRUPSKI; How about us holding often that approval until we see
that survey.
M~ COSTELLLO:: Okay. Thank you very much.
TRUSTEE KRUPSKI: Thank you -any other comments?
TRUSTEE KING: I will make a Motion to Table the application.
TRUSTEE FOSTER: Seconded.
18
TRUSTEE KING: All in favor. ALL AYES
8. SUSAN L. JOHNSON request a Wetland Permit for cleating over-grown trees
on property that ~ been neglected. Located: 723 Private Road #12 Southold,
NY SCTM#87-4-5
TRUSTEE DICKERSON: Is there any one here to speak? CAC has a concern
with the concrete rock wall.
SCOTT HILLARY: We recommended approval with stipulations.
TRUSTEE KRUPSKI: We went out there tiffs winter for an adjacent property
owner and saw that wall. We called it into the Bay Constable. Tiffs seems to be
the result o£this. We think that he did not see the wall. Because tiffs is only for
clearing. The violation here is you walk past the wall and you look out to the
South. That is where the violation is. Can you read the CAC recommendations?
TRUSTEE DICKERSON: The CAC recommendations are the applicant pick up
the previously cut debris only and remove it from the property. There is to be no
further cutting or clearing allows the area to revegetate
CHARLOTTE CUNNINGHAM: The applicant cannot be here tonight because
she is in Florida.
TRUSTEE DICKERSON: We can issue a permit for whatever has been done.
TRUSTEE KRUPSKI: Right. We are going to issue a permit for no more
cutting. Just removal of all the debris that has been piled on the lawn.
TRUSTEE DICKERSON: I will make a Motion to close the hearing. I make a
motion to close the heating.
TRUSTEE KING: So moved.
TRUSTEE POLIWODA: Seconded.
TRUSTEE DICKERSON: All in favor. ALL AYES
TRUSTEE DICKERSON: I will make a Motion to grant the request for Wetland
Permit for SUSAN JOHNSON for cleating over grown trees on property with the
stipulation that the applicant pick up previously cut debris only and remove it
from the property. That there be no further cutting or clearing and allow the area
to re-vegetate.
TRUSTEE POLIWODA: Seconded.
TRUSTEE DICKERSON: All in favor. ALL AYES
9. Susan E. Long Permits on behalf of EAST MARION STARS BEACH
ASSOCIATION requests a Wetland Permit to reconstruct existing stairs 4'x20'
stairway 6'x6' upper platform 4'x4' lower platform. Located: 4750 Stars Road,
East Marion, NY SCTM#22-2-7
TRUSTEE POLIWODA: Is there anyone here who would like to speak on the
application.?
BOB GHOSIO: The CAC receommends approval.
TRUSTEE POLIWODA; The Board comxnents?
TRUSTEE FOSTER: I looked at it. It is fine. It is in total disrepair. It is just
the matter of taking out the old one and putting in the new one.
TRUSTEE POLIWODA: I will make a Motion to Close the heating.
19
TRUSTEE DICKERSON: Seconded.
TRUSTEE POLIWODA: All in favor. ALL AYES
I will make a Motion to Approve.
TRUSTEE DICKERSON Seconded.
TRUSTEEE POLIWODA: All in favor. ALL AYES
10. Susan E. Long Permits on behalf of ANTHONY 1. & LOUISE GAMBINO
request a Coastal Erosion and Wetland Permit to construct second story addition
on house ('Bedroom). Located: 1705 Truman's Path, East Marion. NY
SCTM#31 - 13-5
TRUSTEE FOSTER5 Any comments on this application? I looked at tiffs one
too.. I really do not see a problem with this. I would recommend approval.
Unless anyone has anything ro say? It is going above the exist'mg house. Not
extending past it. I do not think that it goes to the end of the existing house.
TRUSTEE KRUPSKI: Drywells on that.
TRUSTEE FOSTER: Excuse me well I was going to recommend that. It is kind
of a tight area. It is all grown up and planted and vegetated. There is no signs of
any eroision from any roof run-off. That may change when they put this new
roof up.
TRUSTEE KRUPSKI: Is it going to increase the roof.
TRUSTEE FOSTER: No I said it may change when they put this new roof up.
SCOTT HILLARY; CAC recommends approval.
TRUTEE FOSTER: Okay any stipulations? Someone want to make a Motion?
TRUSTEE KRUPSKI: To close the heating.
TRUSTEE DICKERSON: Seconded.
TRUSTEE FOSTER: I will make a Motion to Approve the application for
ABTHONY & LOUISE GAMBINO based on a stake row ofhaybales prior to
construction with the addition of gutters for roof run-off as well as drywells.
TRUSTEE DICKERSON: Seconded.
TRUSTEE FOSTER: All in favor. ALL AYES - So moved.
11. FairweatherlBrown Design on behaif of NANCY CHIN/SCHLAEFER
request a Wetland Permit for renovation and addition to home - no changes to
footprint waterside. Located: 180 Knoll Circle, East Marion, NY SCTM#37-05-
17
TRUSTEE FOSTER: Any comments on this application?
AMY MARTIN: My name ~s Amy Martin from Fairweather Brown representing
the applicant. It was a simple proposal for a renovation and addition and we are
going to decrease the impact on the canal by removing the septic system from the
waterside and alol of the immediate neighbors have public water We will install
all roofran-offwill directed to gutters or French drains. The new addition will be
set back 175 feet from the bulkhead. We are actually (cannot understand(
20
TRUSTEE FOSTER; Any other comments? I looked at this I read the letter it
indicates that drywells and haybales I did not see a problem with it. It looks okay
to me CAC recommended approval.
SCOTT H/LLARY: No CAC recommended disapproval because the propsed
structures were not staked. That is just being consistent with our general policy.
The proposed structures the addition were not staked so there was no reference
pomt.
TRUSTEE FOSTER: I believe it was when I was there.
SCOTT HJLLARY: When we were there it was not.
TRUSTEE FOSTER: Actually it had nails in the ground with ribbons on it.
SCOTT HILLARY: Other than that there is no concern that we have.
AMY MARTIN:: I have the pictures' showing the (CANNOT UNDERSTAND
TRUSTEE FOSTER: Any other comments?
I will make a Motion to close the hearing.
TRUSTEE KING: Seconded.
TRUSTE FOSTER; All in favor. ALL AYES
I will make a Motion to Approve the application.
TRUSTEE DICKERSON: Seconded.
TRUSTEE FOSTER: All in favor. ALL AYES We do not have to stipulate
because it will say haybales and drywells as stated on the letter.
12. FairweatherlBrown Design on behalf of ROGER & LESLIE WALZ request a
Wetland Permit to add second story to existing home maintaining same footprint
- no encroachment on waterside. Located: 2505 Old Orchard Road, East Marion,
NY SCTM#37-6-5
TRUSTEE FOSTER: It is slim narrow little place isn't it?
AMY MARTIN: It has been in the Zoning Board of Appeals for a year.
Basically they said they approved but disapproved so we are going back as of
right now for a second story. They have owned the house for several years. They
actually thought that they would be done by now. He is already retired. They
want to live there. We will be resubmitting the plans to the Building Department
as of tonight. We are in this case also reducing the direct impact on the wetlands
because presently there is no drywells for run off and things like that.
So those will be in place all the work will be within the existing footprint. Going
up to the second story. That is about it.
TRUSTEE FOSTER: It is imperative that you get along with your neighbor right
there to. You can actual pass sugar back and forth. I think.
AMY MARTIN: I heard the neighbor that is the closest is not a problem. He is
in favor of the application.
TRUSTEE FOSTER: Any other comment?
Any Board comments?
NORMA MARTIN: I am the neighbor that was not too pleased. My narae is
Norma Martin my husband Ralph and I live next door to the west of the Walz
house. Our interest regarding the proposed second story addition to this house. Is
doing largely to the additional bathrooms and showering facilities that we
21
understand will result? Since there house is at the highest elevation of the slope
of land between our two houses. We are deeply concerned about the additional
drmn on and possible overflow of the sewage system. Should the existing system
fail? Which is a distinct possibility since it exists since the house was built in the
1950's the affluent could not only spill over unto our property but possible leach
into existing water filter. Which at the current is only 13.9 feet from the surface.
According to their surveyor. In as much as we are currently in a major drought
situation. According to National Weather Service and the DEC our water tables
are at a low point. It could very well rise as the situation improves. Making
leaching into the higher water table a serious consideration. It could also lead into
the nearby shallow tidal water way. Which we call the canal. Wtfich is only
about eighty feet from the property line. It is our understanding that the Suffolk
County Department of Health has very specific regulations regarding sewage
disposal and m/n/mm septic tank area and capacity. As set forth in their sewage
system for a smgle family residences. Section 5-120 pages 1,2,3 and 4. These
regulations indicate that a residence having one to four bedrooms required a
minimum septic tank capacity of 1,000 gallons with a minimum hquidsurface
area of 27 sq. feet. Also with a capacity to ground water of eleven seventeen
feet a minimum requirement of three pools each six feet deep, and eight feet in
diameter. Or three pools each four feet deep and eight feet in diameter'are
required. Will the Southold Town Building Department ascertain compliance
with these regulation~s? By seeking approval of the septic system from the
Suffolk County Departmcmt of Health. Also will the contractor that is selected to
build in this system have a hquid waste management from the Suffolk County
Consumer Affairs? We understand that according to the director of the school of
licensing. A liquid waste of license requirement is required for any bUSiness that
installs or maimams sewage disposal systems in this town. Also it was stated in
the "Traveler Watchmen" on March 14th 2002 that Mr. Krupski was concerned
about sewage leaching into the waterways of Southold because the CoUnty is
allowing septic systems set backs as close as forty seven feet from the wetlands
delineation mark and asked that the Town Board place a role on the To~n Code
that all septic tanks should be at least 100 feet away from the wetlands
delimitation. With the limited amount of space available on this narrow lot. It
appears to be impossible to comply with that stipulation. All and all it appears
that this project could have a serious determinately effect on the tidal waters
nearby as ~vell. Thank you for gSving me the oppommity.
TAPE CHANGE
AMY MARTIN: There is the appropriate amount of septic system. Actually the
Walz septic system will be farther from the bay than the Martin's system. I
realize that this not your area and the Building Department will ask the same,
TRUSTEE FOSTER: Well. it ts our area actually. We have those concerns I
thought I saw something in reference to that. Maybe it was one of the other files.
AMY MARTIN: We did have a discovery where we checked it out. The recent
septic system is definitely insufficient and we have an application in for a change.
All of the area is serviced by public water. So there is no problem with a well and
22
septic to worry about. It is just amatter of having the adequate space. We have
located it actually it will be in the driveway area.
TRUSTE FOSTER: It is a concrete driveway.
AMY MARTIN: We will be taking out part of the driveway.
TRUSTEE KRUPSKI: What is your opinion on that Mr. Foster?
TRUSTEFOSTER: My opinion is to approve it. Subject to Suffolk County
Health Department approval. Which I am sure is forthcoming. We have been
through that with them.
TRUSTEE KRUPSKI: Any other comments?
TRUSTEE FOSTER: Providing that there is room. CAC recommend approval.
It is just maintaining the same foot print. I would be inclined to approve it based
on Suffolk County intervention. Motion of close the hearing?
TRUSTEE KR,UPSKI: Seconded.
TRUSTEE FOSTER: All in favor. ALL AYES
I will make ~Motion to Approve the application of ROGER & LESLIE WALZ
with the condition that the Health Department also drywells and haybales which
are akeady on here to be one of the stipulations. All in favor ALL AYES
AMY MARTIN:, Thank you very much.
TRUSTEE KRUPSKI: I just got a request for a brief recess.
13. 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'x178', hinged ramp 4'x. 16'. floating
dock 6'x20'. Floating dock to be secured by two piles. Located: 1450 Ole Jule
lane, Mattituck, NY SCTM#122-4-44.6
TRUSTEE KRUPSKI: Is there anyone who would like to speak in favor of the
application?
JIM FITZGERALD: Jim Fitzgerald for Mx. Guerrera This was one that was
adjonmed last month. We had a problem with the location, Our technical staff in
the area to contended to indicate the location.
TRUSTEE KRUPSKI: A little string disappearing into the water.
JIM FITZGERALD: Anyhow it does not matter because of a internal
communication error with the proposed type of condition. Where the end of the
dock and not the mooring pole. The float intended to be forty feet from the space.
It should have been 61 feet from the space in order to show the location of the
mooring SPace.
TRUSTEE KRUPSKI: I did not understand that?
JIM FITZGERALD: I screwed up.
TRUSTEE K/~UPSKI: We got the idea. What do you say in relation to it. What
is the distance between
JIM FITZGERALD: The float was here instead of here. Forty feet.
TRUSTEE KRUPSKI: That is the catwalk. What is the distance between this and
this?
23
JIM FITZGERALD: That is what we were going ro prove except that I put this
the wrong way.
TRUSTEE ICRUPSKI: Did have a good vanish point.
JIM FITZGERALD: I also was to have the Landis dock put on the survey.
Every time we go back to the surveyor to have a change. It cost more money. I
was waiting to have this straighten this out. So if you want to hold it over and
have it done next month.
TRUSTEE KRUPSKI: Before we get into anything else. Is there any other
comment? What is the CAC recommendation?
BOB GHOSIO: We prettymuch recommend disapproval. We felt that it
required a fifty foot non-disturbance buffer and the catwalk was a clear
fragmentation of the natural corridor.
SCOTT HILLARY: This is from our field inspection from September 11th, 2001.
TRUSTEE FOSTER: This is the last one, everybody else has them.
SCOTT HILLARY: This was the comments from our field inspection of
September 11th, 2001 so I do not know what has changed since then on the
proposed project.
TRUSTEE KRUPSKI: We would require, we would like to see on the survey 50
feet non-disturbance buffer for the house, septic seems to be outside of our
jurisdiction. The catwalk itself- we had an issue with the catwalk we are looking
at a three foot wide instead of a four foot wide. I do not know if you noticed to
the north, There is a number much larger catwalks all ready there. The
fragmentation of the marsh at that point. You are at the end of the marsh.
Basically, that is the last property of the marsh. After that it is just a dug canal, l
think that was the Board's feeling at this location.
SCOTT H/LLARY: We understand that you can still stick with our comments.
TRUSTEE KRUPSKI: We would like to see a three foot wide catwalk.
I1M FITZGERALD: Just in this particular case, Al.
TRUSTEE KRUPSKI: Yes, this particular case, Because it is a rather long car
walk.' So we would like to keep it small as possible. The length would have to be
sometl~mg that would affect the navigability of the neighbor and two accomplish
some, nav/gability for the applicant we can work something out there. It is a
limited area. Is that how the Board feels?
TRUSTEE POLIWODA: I said at the site it is too long ora catwalk. I do agree
with the CAC the long catwalks do fragment the wetlands.
TRUSTEE KRUPSKI: So we will see - you cannot put that on the survey yet can
you. Because you do not have the fmal. Who owns the property to the south?
The end of the dock - who owns this p~ece of property here?
JIM FITZGERALD: Why is that a problem?
TRUSTEE KRUPSKI: No I do not think so just something I noticed. Do I have a
Motion to Table the hearing.
TRUSTEE DICKERSON: So moved.
TRUSTEE POLIWODA: Seconded.
I'RUSTEE KRUPSKI: All in favor. ALL AYES
24
14. Proper-T Permits Services on behalf of R.W. REINIGER request a Wetland
Permit to install post and rail fence 48' +/- overall length with top rail 4' +/-
above grade seaward end of fence to be at ordinary high water mark. Located>
3500 LighthOUse Road, Southold, NY SCTM#50-2-1
TRUSTEE KING:: Would anyone here like to comment on?
JIM F1TZGERAI,D: Yes, Jim Fitzgerald, for Mr. Reiniger. This was depending
on a hold over. We meet at the site and I think that the Board indicated that the
fence 25 feet from the flag. Be at the foot of bluff andit is fine with us.
TRUSTEE KING: I think that is all that we agreed on.
TRUSTEE KRUPSKI: Any other comments?
TRUSTEE KING: Iwiltmake aMotionto Close the hearing.
TRUSTEE FOSTER: Seconded.
TRUSTEE~G: All in favor, ALL AYES
I will make a tv~otion to Approve the application and the length it should be 25
feet.
TRUSTEE FOSTER: Seconded.
TRUSTEE KING: All in favor. ALL AYES
15. Proper-T Permit Services on behalf of GREGORY MAZZANOBILE requesl
a Wetland Permit to construct single family dwelling with pool and decks: install
on site sewage disposal system. Located: 1460 Lake Drive, Southold, NY
SCTM#59-1-21.6 & 21.7
TRUSTEE KRUPSKI: Would anyone here like to speak in favor of the
application?
JIM FiTZGERALD: Yes, Jim Fitzgerald for Mr. Mazzanobile. We had the fresh
water wetlands flagged by Eh-Consultants as you can see the line on the map.
The location of the active line is the set back from all the fresh water wetland
locations. I think that the minimum distance shown on the survey between a
structure and the fresh water wetland is 55 feet. The northeast comer of the deck
around the pool. The septic system is more than 100 feet from fresh water
wetlands. Ms Martinez-Alvarez is the architect for Mr. Mazzanobile is here and
if you have any questions that is her area of expertise.
TRUSTEE KRUPSKI: I have a few questions? Right now I am looking for the
key to the map that shows the wetland area for C-1 and C-2 is that what shows?.
GEORGE BAMBRICK: That is my copy there photographs?
TRUSTEE KRUPSKI: Oh Thank you.
GEORGE BAMBRICK: Are you in possession of those photographs
TRU~STEE KRUPSKI: w e have them- we have two photographs here. The
qt~estions that we had were from the northeast side of the property. Their appears
to be Cranberry Bog, We wanted to know if that was a cranberry bog.. It is
unclear.
25
TRUSTEE FOSTER: It is ldnd of where the driveway is proposed.
TRUSTEE KRUPSKI: It seems to be a little to the east o£that.
Does anyone else have any other comments on this.
RICH MC NALLY: My name is Rich McNally I am the owner of 1455 Lake
Drive Southold, across the street, my sister also owns it. We are co-tenants. My
parents bought the property around 1959 or 1960 - my memory of the area goes
back to the late 50's. When my parents bought the home across the street. There
was only one residence, I believe it was a summer bungalow on the west side of
Lake Drive. Today, there is still only one bungalow to the West Side of Lake
Drive. I am not really sure but it is my understanding is that there has not been
any building on the property. Which we call inside the oval. That is the acreage
that was basically surrounded by Kenny's Road, Leeten Drive, Lake D~ve, West
Drive until maybe twenty five years ago when the Town gave permits to put
houses along Leeton Drive on the other side of the Beach House. But there were
no properties, today there still is no properties, built on what we ca~ Cranberry
Bog because I used to pick them with my parents and we made cranberries. Can
someone up there tell what has changed between 1959 and today?
TRUSTEE KRUPSKI: The area has been spread with an herbicide. Because that
area seems to be de-vegetated - was it always de-vegetated like that?
RICH McNALLY: It was always de-vegetated. My recollection there was never
a tree there.
TRUSTEE FOSTER: The poison ivy is dying and that is pretty hardy stuff.
TRUSTEE KRLrPSKI: These gentlemen are there - they should know -
RICH McNALLY: The property that is being spoken of. [ believe the applicant
is Georgiopoulos is here tonight.
JIM FITZGERALD: He is the owner.
RICH McNALLY: He is the person who seeks to build this house.
JIM FITZGERALD: No
TRUSTEE KRLrpSKI: Gregory Mazzanobile would be the applicant.
RICH McNALLY: I thought he was builder.
JIM FITZGERALD: No Mazzanobile is the person who would like to buy the
property.
RICH McNALLY; He is not here tonight
JIM FITZGERALD: No.
RICH McNALLY: I know I need to be educated but to build a house there you
need a driveway. Basically that land is all sand. It is a depressed area- right
fi:om the top of that hill there. Basically right in front of the two lots. That are
being spoken of. There is a drastic dip in. The sand right against the side of the
road. The building a house and a driveway does the applicants propose to dump
40 dump loads of dirt in there or what.
TRUSTEE KRUPSKI: 650 cubic yards they propose.
RICH McNALLY: So they will be covering the sand with dirt.
TRUSTEE KRUPSKI: That is the proposal.
GEORGE BAMBRICK: On this permit he has excavating are you talking about
excavation or are you talking about 650 cubic yards in. Either way, so how can
you excavate on land that is underwater.
26
RICH McNALLY; Basically that t property when it rain a lot the lake would be
that back yard.. My knowledge that is the water table.
TRUSTEE FOSTER: ! was there, after that heavy rain on Saturday I went by
there.
RICH McNALLY: Some summers it is a lake there for half the summer until the
heat of the summer sets in. How does that impact on the septic system in the
ground?
GEORGE BAMBRICK: May I join in on this discussion I am George Bambrick
I am at 1675 Lake Drive. I have a few comments to make. The first I am
assuming that you have not all seen the pictures I have some additional ones.
This is the comer of Lake Court and Lake Drive completely underwater. This one
here is a critical one. That is Lake Court and Lake Drive but what it shows is the
wetland coming out of Great Pond. It is a main artery. It is the main artery for
drainage and movement of water from Great Pond. This is what happens. This is
on West Street this is on the side of where he wants to build his house.
Completely underwater. This is when the movement starts. See how it moves. It
is moving from the artery across the street into the wetlands. Here how, it moves
from the lake. See the water in the lake starting through the main artery. Here is
your cranberry bog. This was confirmed by Comell told me that this is a natural
crunberrybog. Very unusual. Here is another picture of the cranberrybog. This
~s West Street this is how far the movement of that water goes through those
wetlands.
TRUSTEE FOSTER: That is very low up at that intersection.
GEORGE BAMBRICK: The whole area is low.
TRUSTEE FOSTER: Nothing should have been built there.
GDDRGE BAMBRICK; Great Pond right now is about 90% developed. Around
the circle around Great Pond. Which is Class One Wetland. Along Lake Court is
again a main. artery. What the water does it comes across Lake Drive into the
wetlands around to the west of West Street and to east to the applicant's area.
The two low sources type property to the east and west of the property that he
wants to build. Takes this wetland water. It absorbs it. If we start allowing
anymore building in this area. We are going to kill Great Pond. No question
about it. The only thing left. Really is the circle - we call it the oval in the area.
Thee are eight lots in there. I call your attention to a memo that I submit to you
from the Southold Planning Board. Which indicates that there is possibility that
this subdivision itself does not comply with the re-zoning that was done in 1983.
But. I do not have ail the information on that but that is something that you can
look into it if you are interested. In July 1983 Southold Planning Board wrote a
memo to Ms: Abigail Wickham "Please be advised that to date there has been no
compliance with Article 6 of the Suffolk County Health Services regarding a
major sub-division proposed action above. The Town Board has legislated two
acre zoning within this area. What you are proposing does not meet the present
growing requirement enacted on May 20, 1983, which is several months before
the date of this memo. We would request that you contact our office for a~
appointmem to discuss revisions for compliance with the present zoning
regulations" I do not know what happened at that meeting. [ do not know if there
27
was an adjustment made, maybe there was. Maybe it went by the wayside. I
would also bring to your attention a petition that was written recently by 55
residents in the area. I will read this into the record. "The following residence of
the Kenny Beach Area wishes to go on record as strongly opposing the granting a
Wetland Permit to the above application. The proposed dwelling, pool, and
sewage disposal system is less than 100 feet from existing wetlands. Will if
granted create reinturble damage to the existing eco system in this area adjacent to
Great Pond natural drainage outlet or nourishment source. The removal of an
estimated 650 cubic yards of fill and what he removes or puts it in is going to
have the same effect. In this low lying site as proposed by the applicant will
change the topographic of this distressed area. Disrupting the exfsting natural
flow of surface water and threaten existing wetlands. This entire area is a very
valuable resource for Great Pond. Which should be vigously protectedlby Town
Tmstee's. This petition was signed by 55 people who are all residence:of
Southold. I also have a letter from Kenny's Beach Civic Association ahd present
here tonight is the chairman ofthe Clean Water Committee. He can refer to that
when he gets up. One other item that I tl~mk you should be aware of. On the
applicant's survey he does not show Lake Court. But the dwelling on the
northwest the first dwelling that is the comer of Lake Court and Lake Drive. Two
dwellings down is Lot #5959 that is directly opposite his cesspools. That
particular home do.es not have public water. Where public water is avafilable on
this street not every house has taken advantage of it. This particular he/use is right
across the street fi:om his cesspools. So I do not know actually where lfis well is?
But I know on the whole block the majority wells on Lake Drive and ~e septic
systems are on the back. So he would be very close I would think to that well. I
did want you to know that particular dwelling does not use public water. There
are several other letters, which I am sure that you have copies of.
TRUSTEE KRUPSKI: We have all that in the file.
GEORGE BAMBRICK: The other memo is I call your attention is the one from
the Health Department dated November 8, 1962 to Mr. Georgxopoulos from
Department of Health Services which stated that his proposed subclivision was
rejected because it did not met the standards of this department.
TRUSTEE KRUPSKI: Thank you.
KEN RICHTER: My name if Ken Richter, I have a house on Lake Drive I am the
Fresh Water Preservation Committee Chin'man for the Kermy's Beach Civic
Association. I will not repeat anything that has been said before to save time. But
I would Yhke to add one further comment. Great Pond is a jewel in Southold. The
Suffolk County Dunes Summer Camp as a swimming hole uses it for the children.
I think that any potential pollution of that pond is a serious matter and should be
given a great consideration and you should be considering that if you grant this
request. Thank you.
TRUSTEE KRUPSKI: Thank you - for you information a standard set back for
wetland application if it was salt water or fresh water the 50-foot non-disturbance
buffer area. One hundred feet separation from the septic system. This application
shows a good deal of disturbance, within what we would call a standard 50-fool
buffer area. A great deal of fill being brought in. I think that is a big problem.
28
JIM FITZHERALD: Would it be inappropriate for me to comment on the permit
that you granted recently to the property at the comer of Lake Drive and Kenuey
Road. Which you required a thirty foot set back from the wetland line.
TRUSTEE KRUPSKI: But this does not really show anybuffer here.
It shows fill.
JIM FITZGERALD: No I do not think.
NEIGHBBOR: That property is never underwater at that intersection. Never
underwater.
TRUSTEE KRUPSKPI: That property was substantial different. I think wetland
wise. Wetlands vary in this property. This proposal shows a great deal of fill.
Arfie will you take a look at this you see how much the fill spreads out and
covering the entire parcel. I think that you are going to work within that
perimeter as a set back. The house will be on silits or decrease the amount of fill
substantially. Although the wetland that you are referencing Mr.Bambrick that is
the one that flows across Lake Drive. That wouldbejust to the west of that.
GEORGE BAMBRICK: That is on the next block of Georgiopoulos it is the 7 &
8 of the sub-division. This lot here we were struck by the bog. The cranberry bog
A desert has more life than that. It is a unique spot andpeople from Comell
came out on a field trip m look at it. Because it was so unique with the natural
cranberry bog.
TRUSTEE KRUPSKI: The cranberry bog looked well defined, but the rest of the
lot. So what is the Board's feeling? We have to move this along because of the
time.
GEORGE BAMBRICK: Can I make one observation. I have been in the Town
along time and I have seen a lot of changes. One of the things that we have to be
aware of and try not to prove the domo affect which is strengthen the request
with another parcel if he did it why can't I. But what I am afraid is what going
to happen in the next ten or fifteen years. If you are going to bend a little for this
guy and somebody else is going to want you to give him the same. Why can't
you give it to me? Before you know it this is not going to be Southold anymore
this is going to be Middle Island. Someplace like that. I know that you are very
attended to that and very aware of it but we just saw this tonight. Where someone
is referring to a past Permit. Saying if he got it why not I.
TRUSTEE KRUPSKI: I tlTmk what we are going to have to do. Is have this
wetland line verified by Chris Pickerall from Comell. We need a plan that is
going [o show a fifty foot buffer from the wetlands. You will have to use less fill.
Because right now it shows fill on the whole property. You will have to shrink
that way back.
JIM FITZGERALD: [ think that the plans for that were based upon the presen~
owner's and I th'ink that it is unclear to me now and I am going to ask about. But
I am not quite sure how the presence of the structure on that property would
destroy Great Pond. Can you tell me about?
GEORGE BAMBRICK: If you look at the pictures.
JIM FITZGERALD: I do not see how it will destroy Great Pond?
GEORGE BAM~RICK: The water through those wetlands, which cleanses Great
Pond and you, are destroying the wetlands.
29
YlM FiTZGERALD: The water moving mto Great Pond cleanses it.
GEORGE BAMBRICK: The water moving om of Great Pond.
JIM FITZGERALAD: This is going to prevent the water from moving out of
Great Pond.
GEORGE BAMBRICK: No it is going to prevent the wetlands from cleansing
Great Pond. You are going to destroy the wetlands.
TRUSTEE KRUPSKI: Well we are going m try to work on that. Se I think what
we need to see is a wetland line verified and we are going to see a different plan
showing the 50-foot non-disturbance buffer around the wetlands, with substantial
less fill.
JIM FITZGERALD: Just for general information, when you say non-disturbance
buffer. You mean non-disturbed.
TRUSTEE KRUPSKI: Right.
JIM FITZGERALD: With regard not to this property, but say wooded brush
filled property. If there were a dead tree lying on the ground does that mean you
have to leave it there.
TRUSTEE KRUPSKI: You go back on our application - about three hours the
first amendment. Tt was a request to remove dead diseased trees. In a non-
disturbance area. It was denied.
YlM FITZGERALD: Because?
TRUSTEE KRUPSKI: Because it was a non-disturbance zone.
JIM FITZGERALD: So if there is a dead tree lying on the ground. You leave ir
there.
TRUSTEE KRUPSKI: Sure because the dead tree is habitant for insects that will
provide food for a number of native birds that are going m live there. It provides
the whole ECO system that is part of the wild life part which we try to protect.
JIM FITZGERALD: Okay
TRUSTEE KRUPSKI: So in this case. There are no large trees or dead trees for
some reason. But still we would like to provide some sort of buffer there.
Charlotte will call Chris.
CHARLOTTE CUNNINGHAM: I will call Chris tomorrow.
TRUSTEE KRUPSKI: No doubt in this case that we doubt the line. It seems like
a pretty accurate l~ne. You should include the cranberry bog. But
as far as the 1/ne goes. It does seem accurate it is where the vegetation starts.
BOB GHOSIA: Al, I just want to point out that we believe that there is a typo on
our comments here. We did not actually approve tiffs we disapprove it.
SCOTT HILAR¥: Al, we have concerns with the proposed change in the grade
elevations with all of the fill that will be brought in. Potential negative impact to
the rtm-offI think the elevations go from four on the wetlands up to nine and ten
with the proposed elevation change. We also were asking to request 75 foot non-
disturbance.
TRUSTEE KRUPSKI: I think that fifty will be plenty. You have sand. The
potential for run-off is pretty slim.
GEORGE BAMBRICK: You have that cranberry bog there and I am not sure
about where the markings are? Have you been at the site.
30
TRUSTEE KRUPSKI: Yes, last Wednesday. We noticed the bog. But they are
going to have put the bog on the survey also. You have it marked on your copy
that you gave us. You will have to pm it on the survey.
GEORGE BAMBRICK: When you say undisturbed what you mean. You
cannot allow construction vehicles through there.
TRUSTEE KRUPSKI: Typically an undisturbed area would have a lot of
haybales in place before construction and then they can work anything behind
there. They can do whatever they want.
GEORGE BAMBRICK: I would recommend the 75 feet, it is a unique special
place.
TRUSTEE KRUPSKI: Our standard is fifty. We will be out thm'e next month
with that in mind. Thank you. I will make a Motion to Table the application
TRUSTEE FOSTER: Seconded.
TRUSTEE KRUPSKI: All in favor. ALL AYES
16. Pro£er-T Permit Services on behalf of JUDIE LIZEWSKI requests a Wetland
Permit to construct single family residence with on-site sewage disposal system
and private well - construct 4'x45' fixed walkway dock with mooring pole.
Located: 145 Fleetwood Road, Cutchogue, NY SCTM#137-4-10.1
TRUSTEE POLIWODA: Would anyone like to speak on behalf of the applicant?
JIM FITZGERALD: Yes, Jim Fitzgerald on behalf of the applicant. I think it is
pretty straight forward. If you have any questions I will be happy to answer
them?
TRUSTEE POLIWODA: Is there anyone else who would like to speak on behalf
of this application. AnyBoard comments?
TRUSTEE FOSTER: Joe did you have - didn't you say perhaps you wanted to
change your building envelope.
JOE LIZEWSKI; (Speaker did not identify himself)Well I wanted to know where
my building envelope was? It is important to me. Let him finish his presentation
and then I will speak.
TRUSTEE FOSTER: I thought he was finished.
JOE LIZEWSKI: ~,Vhat I am really concerned about is that my neighbors all
have seventy five foot set backs to the end of the house. There are houses in that
group that are fifty feet and sixty feet. I do not want to be penalized for holding
onto my property for ttfirty-two years and not building on it. I think that I would
not building on this property now ifI did not believe that I was going to loose the
right to build on it at a later date. Quite frankly with you. But the other thing that
is happen'mg. We have pubic water which may allow me to move my cesspools
even further to the road. Actually change the position of the build'mg lot. But
what I am looking from you guys is exactly how close can I build and then we
can go from set backs from the building department from there. But certainly I
am going to follow all the aspects of the Health Department. Now that we got
31
Pubic Water which has been given to us. I think I can apply for it now and all our
nmghbors have it and it would change the position I would be able to build my
cesspools which would change the position of our house and property. So what I
really want fi:om your guys is exactly how far can it go up.
TRUSTEE FOSTER: Up mean'mg towards the road?
JOE LIZEWSKt: Towards the water. What is the deal?. The position where my
lot is basically a dead end looking across to the water. So the further down I go.
IfI get seventy five feet like everyone else does. Which all my neighbors have
had over the years. It would allow me to build a nicer house but it would also
mean I may have to move cesspools in order to position the house with the set
backs. At the time we started this application I did not realize that moving the
cesspools was feasible. My neighbor on the right has public water so it changes
things a lot when you get public water in. Cesspools you know, Artie. you put
mine in I think thirty years ago.
tRUSTEE FOSTER: I remember doing that. There were not too many big trees
on that lot then. I could not believe that.
JOE LIZEWSKI: I planted a lot of trees on that lot, I planted a lot of ChrisWaas
trees on that lot. I actually increased the mount of trees. That basically ~s my
concern is that I should not been penalized for not having built on this for the last
thirty years. Everyone else that the seventy five foot from the water right to build
the house IfI waited this mount of time why should I be in a shadow. I just do
not think that is fair.
TRUSTEE KRUPSKI: We generally keep the houses in line.
JOE LIZEWStG: That is what I want to do. I want to keep my house with the
same l'me as next door.
TRUSTEE KRUPSKI: That is a general policy.
TAPE CHANGE
TRUSTEE ?OLIWODA: On your project plan you show 4x10 foot dock. What
we proposed in the field. That you add 16 more feet.
JOE LIZEWSKI: That would be good
TRUSTEE POLIWOA: That would be 26 feet total.
JOE LIZEWSKI: That is good.
TRUSTEE POLIWODA: One piling.
JOE LIZEWSKI: Thank you.
TRUSTEE ?OLIWODA: Is everyone else on the Board happy?
JIM FITZGERALD: The plan does not show a float?
TRUSTEE POLIWODA: No there is no float. I will make the Motion to
Approve the application of JUDIE LIZEWSKI m consu'uct a single family
residence with on site sewage disposal system and private well- house plans in
line with the homes to the east the house will not extend no further seaward -
construct a 4'x26' fixed walkway dock - 50 foot non-disturbance buffer.
TRUSTEE KING: Seconded.
TRUSTEE POLIQODA: All in favor. ALL AYES
TRUSTEE KRUPSKI: We have to see a new plan on that dock.
32
l 7. Boulevard Planning East PC on behalf of CHRISTOPHER SHOWALTER
requests a Wetland Permit to construct approximately 1462 s.f. two story addition
to existing residence, cons~uct approx. 1321 s.f. second story addition to existing
residence. Located: 1015 Orchard Lane. Southold, NY SCTM#90-4-15
TRUSTEE DICKERSON: Would any one like to speak on behalfofthe
applicant
ROB LEONARD: Rob Leonard of Boulevard Planning. We are planning to
conswact ~wo additions. The northwest comer o£the existing house. We are also
planffmg to put second flour on the house. You were out in the field last
Wednesday, when we all meet. Our proposal, we want ro maintain the existing
se~ back from the flagged wetlands which is 44.1 feet from thc existing house.
None o£the new construction will actually go past that line. Wc are keeping the
existing set -b ack.
TRUSTEE DICKERSON: Any other comments from the Board?
TRUSTEE ~I<2RUPSKI: Artie would you like to speak?
TRTjSTEEmT ~ICKERSON: I will make a Motion to close the hearing.
TRUSTEE KRUPSKI: Seconded.
TRusTEE!DICKERSON: All in favor. ALL AYES
TI~.USTEE:DICKERSON: I will make a Motion to Approve the Wetland Penuit
to construct approximately 1462 s.f. two story addition to existing residence,
construct approximately 1321 s.f. second story adcF~tion to existing residence with
the stipulation uf haybales, drywells gutters and leaders.
TRUSTEE POLrWODA: Seconded.
TRUSTEE DICKERSON: All in favor ALL AYES
18. JMO Environmental Consult'rog on behalf of JEAN A. SAUNDERS
requests a Wetland Permit for a dock 14 feet west of existing dock - old dock
shall be removed replace with new 4'x86' catwalk,3'x20' ramp and 6'x20' float
secured by~vo pil'mgs new set of 4'x20'steps up the bluff Located: 4322
Westphalia Road, Matfituck, NY SCTMl13-9-9.2
POSTPONED PER AGENT'S REQUEST
19. Catherine Mesiano, Inc. on behalfofMATINE, INC. request a Wetland
Permit to construction a 62'x52' (irreg.) single family dwelling on site sewage
disposal system pervious driveway and public water supply. Located: 435
Albacore Drive, Southold, NY SCTM# 57-1-20
TRUSTEE FOSTER: What is irregular? Single family dwelling.
CATHERINE MESIANO: It is a rectangular if you look at the map you will see
that the house is built (cannot understand not speaking into microphone)
TRUSTEE FOSTER: [ remember looking at that now. It is kind of close to the
property line. CAC says disapproval of wetland application of MATINE INC.
for the construction - disapproval of the application as submitted and
recommends a 100 foot non-disturbance buffer.
33
TRUSTEE ICRUPSKI: Any other comments?
CATHERINE MESIANO: Catherine Mesiano onbehalfofthe applicant. We
met At the site last week. The Board's comments were primarily concerning the
proposed non-buffer. Which in our original application was proposed at 30 feet.
You had requested that we try to come closer to 50. I propose a 40 foot non-
disturbance buffer. The reason is that we need some room during construction
and we also would like to be able to walk around the back comer of the house.
We cannot move the house forward towards the road. Because we have a septic
system proposed for the front right hand comer of the property. That septic
system can go any where else, and it is more than one hundred feet from the fresh
water area noted as fresh water lands. The house is not excessive sized. The lot
coverage is somewhere around 12 to 13 percent that incinded the garage,
porches, etc. So we are proposing a 40 foot non-disturbance buffer. We show
drywells on the plan which has been submitted to you. I would like to bring m
this Board's' attention. The fact that several months ago. I do not know which
month it was. I came before you a number of times on alot that ~was two lots to
the west of this. Closer to Main Road, that was before you on a fresh water
wetland matter. The Board ultimately decided that no permit was necessary
because what was there. Was the result ofthe road run-off. Was not a valuable
wetland. But this area is a continuation of that area. So I question the value of
thai wetland area.
TRUSTEE KRUPSKI: What would be a non-disturbance buffer? On that other
lot you referenced.
CATHERINE MESIANO: On the other lot, you determined that there was no
permit necessary.
TRUSTEE KRUPSKI: There is another one to the east no I am sorry m the west.
The one wewent out to inspect. The Pete Schrembri lot.
CATHERINE MESIANO: Right, that ended up that is the lot that I am talking
about and that is the lot that you determined that no permit was necessary because
what was there. Was the result of the culvent that was broken. So we ended up
requiring no permit on that lot.
TRUSTEE KRUPSKI: What is you feeling on this?
CATHERINE MESIANO: Fifty feet does not allow us to walk around the house.
When it is finished much less under construction. That is a concern in an event of
an emergency. You need to get emergency personnel access to the back. I think
it is definitely does not allow someone to at least walk around. A forty-foot
buffer allows them fifteen feet at the nearest comer to get around the property.
TRUSTEE FOSTER: We have given forty feet in more fragile areas than this
one.
TRUSTEE KRUPSKI: Why don't we cut a straighter line in the back and make a
compromise. So that it will be more than fifty in some places and less in others.
See how it has that hook in it.
TRUSTEE KING: Just make a diagonal semi-circle and put that as the non-
disturbed area. Make these forty feet.
CATHERINE MESIANO: Hold this line to get through from the house to the
non-disturbance area. Just as long as they can be ale to get around the property.
34
TRUSTEE KRU~SKI: I think that is a good idea - cut the comers offit. That
gives then ten or fifteen feet in the backyard.
CATHERINE MESIANO: So this line I will show you. So can you make it a
Motion and a permit subject Iwill give you a map of the appropriate area. I just
do not want the surveyor to have to go out again.
TRUSTEE FOSTER: Suppose we just went on the honor system and said just
take what you need- save us a little.
TRUSTEE KRUPSKI: We tried that last year.
SCOTT HILARY! Excuse me, can it be written into the permit that there is a
follow up inspection..
TRUSTEE FOSTER: We got it. We have our list here. There are four
inspections..
SCOTT HILARY: The area is to be flagged.
TRUSTEE KRUPSKI: Mr. Fitzgerald got to have that pre-construction haybale
line.
SCOTT I-IILARY: So that will be your indicator.
TRUSTEE FOSTER: Then you got first day construction and then you got a half
way and then a final.
TRUSTEE KRUPSKI: I do not think that you need first day - no just final.
CATHERINE MESIANO: Explain that to me about the inspections..
TRUSTEE KRUPSKI: You are going to have a pre-submission on a haybale line
CATHERINE MESIANO Who is doing the inspection?
TRUSTEE KRUPSKI: Ed Forester will be doing the inspections. Then you have
a final when the building department. Artie you want to make a Motion.
TRUSTEE FOSTER: I make a Motion to close the hearing.
TRUSTEE DICKERSON: Seconded.
TRUSTEE FOSTER: All in favor. ALL AYES I will make a Motion to
Approve the application of MATINE INC. for a single family dwelling on site
septic system pervious driveway, public water 435 Albacore Drive, Southold, NY
with the stipulation that there be a new non-disturbance area line be shown on a
survey.
TRUSTEE KING: Seconded.
TRUSTEE KRUPSKI: All in favor. ALL AYES
20. Samuels & Steelman Architects on behalf of ELIZABETH SHEEHAN
request a Wetland Permit for a new roof over second level of existing two level
deck structure, located landward of existing bulkhead - other work included
limited up-grading of existing deck and stmctm-e. Located: 640 Park Avenue
Mattituck, NY SCTM#123-7-11.1
35
TRUSTEE KING: Are there any comments on this application?
I looked at it. I forgot the file at home. It is a dual level deck I guess they do not
want to sit in the sun. I cannot see it having any impact.
TRUSTEE FOSTER: That is good enough for me.
TRUSTE KING: Do I have a Motion to close the heating.
RUSTEE FOSTER: Seconded.
TRUSTE KING: All in favor. ALL AYES.
I will make a Motion to Approve the application.
TRUSTEE POLIWODA: Seconded
TRUSTEE KING: All in favor. ALL AYES
21, Eh-Consultants, Inc. on behalf of JAMES GRATlClV/OItL request a Wetland
Permit to construct a two-story one family dwelling with attached porch and
pervious driveway install a sanitary system with approximately 240 cubic yards of
clean sand fill to be retained with concrele retaining walls according to Suffolk
County Department of Health Services standards connect to public water services
and establish a 25' non-disturbance/non-fertilization buffer adjacent to tidal
wetland boundary. Located: 545 Williamsburg Road, Southold, NY SCTM# 78-
5-16
TRUSTEE KRUPSKI: Is there anyone here would like to speak in favor of the
application?
ROB HERRMANN: I am Rob Herrmann of Eh-Consultants on behalf of the
applicant, JAMES GRATHWOHL Mr, Grathwohl asked me to prepare and read
into the record a very brief letter to the Board which is dated today. "Dear Mr.
Krupski: Your office has advised me that after respecting the site agmn last
week. The Board wishes paths to again be cut from the stakes marking the
comers of the proposed house and sanitary system to the tidal wetland boundary.
As these paths would have to be cut for your June field inspections. . We realize
that the Board intends on adjourning the heating again this evening and holding it
over until next month. Therefore, we would appreciate your advising us whether
there is any other information you wish us to provide or anytl~mg else you wish us
to do prior to your June inspection so that further delays m your review process
can be avoided. Moreover, as Mr. Grathwohl will be traveling abroad from late
May through June 21s~, we will be forced to request a subsequent postponement
until July if your June meeting ts schedule for lune 19t~ rather than June 26th.
Therefore, please let me know the date of your June meeting as soon as it is set so
that we may plan accordingl5~'
I submit that for the record.
CHARLOTTE CUNNINGH2VIAN. The meeting is June 26tn.
TRUSTEE KRUPSKI: The problem we had with that - we really is not a casual
walk through here. We really want to make sure. We are on the mark and we
made an effort to measure.
36
TRUSTEE FOSTER: It is thick in there now.
TRUSTEE KRUPSKI: We really want to get it down. In this case we want to
make sure that the forty feet. We have to be there.
ROB HERRMANN: So it sounds like if the meeting is the 26th in June. Maybe
we should plan to have the path cut for yom' July inspection. So that it is fleshly
cut rather than having it cut in June. Again to have it grow back in four or five
weeks. What I am suggesting is that perhaps you can postpone the field
inspection tmtil your July field inspection. We will have to come back to the
hearing is it in July also.
TRUSTEE FOSTER: Not a problem
TRUSTEE KRESS: Sure.
ROB HERRMANN: He (Mr. Grathwohl) had planed on being here this evening,
but obviously it seemed like you would have to go back to look m it. So we
would adjgurn but if it is adjourned until June. He cannot be here.
TRUSTEE KRUPDKI: He can be here. Our meeting is the 26th.
CHARLOTTE CUNNINGHAM: The meeting is the 26th.
TRUSTEE FOSTER: No we changed it.
TRUSTEE KRLIPSKI: Because he is going to be out of the country.
ROB HTERRMANN: So we will have it done for the June inspection.
Which will be June 12th. All right we will have it done the 7th. the prior Friday.
TRUSTEE KRI~SKI: You have the locations right, where we want the paths.
ROB HERRMANN: Yes, I have the survey
TRUSTEE KRUPSKI: Thank you Rob - I will make a Motion to Table the
application.
TRUSTEE FOSTER: Seconded.
TRUSTEE KRUPSKI: All in favor. ALL AYES.
22. Eh-Consultants, Inc. on behalf of VINCEI~T BENIC request a Wetland Permit
to construct 4'x29' wood steps (including 4'x4' platform and 4'x22' wood
walkway elevated a minimum of 3.5' above marsh grade down bank to existing
dock. Construct +/- 102 linear foot 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 approximately
25 cubic yards of clean sand to be trucked in from an upland source and planted
with native grasses - construct (2) story additions existing two story dwelling and
expand existing second story wood deck. Located: 1375 Pine Neck Road,
Southold, NY SCTM#70-5-39
TRUSTEE POLIWODA: Would anyone like to speak on behalf of the applicant?
ROB HERRMANN: Rob Herrmann of En-Consultants, Inc. on behalf of the
applicant, Vincent Benic who is also here this evening. The Board will no doubt
recall that this was adjourned last month. You had asked for the location of the
retaining wall to be staked in field which we had done by the surveyor for your
37
inspection. I believe that you met Mr. Benic out at the site. If the Board has any
questions or concerns we would be happy to discuss them.
TRUSTEE POLIWODA: The CAC approved anyone else like to speak on
behalf of the application.
MR. SIDERIS:: I live at 1295 Pine Neck Road, I have some documentation I
will g~ve you. So that the Board members can go ov~r it together. I can explain
what you are looking ar. Because Monday we had an inspection with a tree
arborist. It is on the last page there. He came and looked at the site. Where the
retaining wall was built. He had a reason to the aspects of what is going on. The
tree will die. Ifyun put this retaining wall so close to tiffs tree. If you can see the
damage will be occurred. It certainly will cause severe damage and possibly
demise of the tree. The tree is situated on a steep hill. The roots that will be
removed from the top nfthe hill - will enter the tree will not only cause the tree
itself, but will also aid in there prevention. His expert opimon to move the top
plank that is closest [o this tree five or six feet away from the base of tlie tree this
way it doesn't damage the tree. I know that everyone thinks it is easy to get the
cliain saw and chop the trees down. The previous oJ~ner cut down thirty two trees
down in front of this retaining wall. All that we are asking the Board iS to move k
five or six feet up-land to save the life of the tree and stop erosion. Eventually
you can see in Iris expert opinion sa,vs it will die. The last meeting we talked
about a mooring pole and as you can see I wrote to the Army Corp. of Engineer's
for the previous owner. That he is trying to get this amended to put a mooring
pole in. The second page was a written letter from the Deparm~ent of the Army.
He is confirrrfing a letter to James Hagerty. This is the letter that he ~wote back.
"The Army Corp. of Engineer's will not give authorization for the pulley system
for the applicant Lesley Windish. We also understand that the whole leng[h of
timber pier is too great for the waterways of Jockey Creek. We feel that
recreational safety is not an issue here. Thank you for a letter on this matter A
letter after that is from the Coast Guard in which they sent the same letter to and
they replied on that, There is a Section 183.200 which is a maritime waterways
laws. Which I was so concerned at the last meeting. They say in plai~i and
simple English any normal pilings used in the urfited waterways for the purpose
of mooring must use external lighting fixtures with a 50 linear marina support
safety lens. Also stated all mooring lighting must be remairimg m the ~vorking
position from sunset to sunrise. As the weather conditions warrant. If~
certificate of compliance will also be needed to complete the project.
TRUSTEE KRUPSKI: We do not doubt that other agencies having different
jurisdictions. We actually own the property that the project is located on as far as
the pihngs go. But if another agency requires some other. Our approval does not
mean that it is an approval from the Army orthe Navy. That is separate. So the
applicant has the responsibility of getting the Health Deparunenr or any other
agency that is their responsibility. He has to comply with the law requires of him
to do. But that is not for us to enforce anyone else's.
MR. SII)ERIS: He must complywith these laws.
TRUSTEE KRUPSKI: That is a different format.
38
MR. SIDERIS: The tree is very close to the base of the retaining wall it is less
than a foot away.
ROB HERRMANN: You are not an arborist.
TRUSTEE KRUPSKI: But do you have any opinion on that tree?
ROB HERR_MANN: One of the things that Mr. Benic has done was to ask Steve
Pollack who is a Marine Contractor in the area to take a look and see his opinion
as the liability of the structure near the wall - I am sorry near the tree. Steve
wrote a letter to the Board and this is the excerpt from it. We had examined the
plans prepared from Eh-Consultant and visited the site. To determine the
construction ability for the proposed retaining wall. In the many years of sim/far
building experience in environmental sensitivity areas. I find that the construction
be feasible without any major ~mpact on the embankment. OnCe constructed the
wall will prevent major soi~ erosion, wtfich currently exists.. In reference to the
tree located on the westerly property line. All work will be hand excavated in that
area. Any vertical p/lings will be placed not to interfere with any major root
system. This type of construction is doable and common in areas where
environmental sensitivity is required I hope this letter addresses all your
concerns. Icertaiulycannot add an opinion. A profession opinio~ to the records
as far as with any certainty of what the wall will or will not do.
MR. SIDERIS:: That is why I had an expert look into this, That is why I bred
hkn to come do this.
ROB HERRMANlq: I have to be allowed to speak Al. Obviously, what would
be ideal. Mr. Benic could get his own arborist. To come down and have the
battle of the arborisr. But I think what would make sense would be. If the Board
has a concern for it. We could approach it in one or r~vo ways. It would not be
[o pull the retaining wall up closer to the house but perhaps terminate the extent
of it on that side. Away from Mr. Sideris property, however, many feet it might
be determined that the wall could end without effecfing the tree. The other way to
do it would be to get a tree expert out there. Perhaps with somebody like Steve
Pollack that would be doing the building. To find out if in fact. [~t is very easy
just to give an opinion to say if you kill the root system the tree is going to die. II
does not take an arborist to figure that out. So the question would be can the
structure actually be installed without damaging the major root systmn and would
an arborist be able to give an opinion on that. I do not know I would have to get
what the Board's feeling is and Mr. Benic's feeling about moving the wall..
There are a couple different ways the issue can be resolved.
TRUSTEE KRUPSKI: Before anyone else speaks Trustee Foster has:a lot of
experience in this area. What is your opinion of this?
TRUSTEE FOSTER: The tree is a Locust Tree. They are very difficult to kill.
They have an extr~ne root system. The roots on a Locust Tree go lateral out as
far as the tree is tall. What I have experienced in clearing [and. If it has a lot of
Locust on it. They are all tied together. Cause trees will sprout out of a root
system from another Locust Tree. Shouts will come up and it is like a big family.
They are all tied in.
MR. SIDERIS: But this is one tree by itself.
39
TRUSTEE FOSTER: This one tree by itself. I understand that. But the root
system on this tree is extremely substantial. Chances are my opinion at the time
and knowing who was going to do the job. Because he is very environmental
sensitive. The fellow is going to do all hand digging. If he hits a major root. He
has an option to cut or move aside. Personally I do not think that it is going to
cause the tree any severe damage.
MR. SIDERIS:. I have to go with the expert he certifies.
TRUSTEE FOSTER: If you were to go in there with the hack hoe, Sir, and start
digging for this wall. Chances you would damage a substantial amount of the
root system. But this all going to be excavated by hand and in a gentle manner.
This particular person does very good work. We have been on a lot of jobs that
he has done. He is probably one of the most environmentally sensitive
contractors that work out here.
IViR. SIDERIS: If the Board members to go five feet. This way you do not
damage the root system.
TRUSTEEFOSTER: Well, it is not my property; it is not my wall to move. If
Mr. Benic is applicable to that. Maybe we can do something. But certainly, I am
inclined.to approve as is - simply because I do not think it is going to kill the tree.
TRUSTEE I<RUPSKI: What about Mr. Hilary.
SCOTT HILARY: I am supporting Arfie's comments regarding the tree. If there
are enCa~gh per feral roots with this Locust remaining. It should be able re support
the health and intrigue of the tree. If you are not destroying a lot of the root stock.
MR. SIDERIS: : In the experts opinion, when you kill the root system the tree is
going to erode. You are going to lose dirt, you are going to loose the soil and
eventually the tree is going to come down.
TRUSTEE FOSTER: Well, if you kill the root system that is tree in any tree that
will happen. I do aot think that what is going to take place here is going to kill
that root system. In my past experience.
TRUSTEE KRUSKI: Thank you. Mr. Benic briefly.
VINCENT BENIC: I consulted with a couple of contractors and they assured me
that doing the proper excavation - hand excavation in the area would not damage
the tree. I am very environmentally sensitive it is not my intention to go and
destroy that tree at all. I like that tree I want that tree to remain.
ROB HERRMANN: It would be to Mr. Benlc determent. It would defeat thc
purpose of what he is trying to do.
VINCENT BENIC: Thc main concern ts to try to stop the major erosion from the
site and go into the Wetland. By building that wall I think that is going to happen.
MR. SIDERIS: If~the damage is here. How arc you going to stop erosion?
VINCENT BENIC: I do not believe that this tree is going to be damaged.
MR. SIDERIS: The tree expert says that it ;vill.
TRUSTEE I<RUPSKI: Peggy what do you think about the tree?
PEGGY DICKERSON: I must agree with Artie.
TRUSTEE KRUPSKI: I am going with Artie too. I have seen a lot of Locust in
my days.
MI?.. SIDERIS: Who will be responsible in a year or two when this tree falls into
the water? Who is going to pay to get a boat there and take it away?
40
TRUSTEE KRUPSKI: We have approved projects all over Town. All night long
you saw them. I cannot see where tlfis project could affect this tree.
TRUSTEE FOSTER: It may sustain a little bit of damage. But it certainly will
whether the storm. They are very hardy.
VINCENT BENIC: In order to resolve this and alleviate the problem. I am
willing to move the end ufthe north retaining wall. A couple of feet away from
the tree from where it was staked out. 1 am willing to move it a couple of feet
from the mm space -just to eliminate the problem. Angle it out.
ROB HERRMANN: I will give you revised plans.
TRUSTEE POLIWODA: I will make a Motion to close the heating. All in favor.
ALL AYES.
TRUSTEE POLIWODA: I will make a Motion to Approve the application for
Vincent Benic with a new set of plans for the retaining wall. Do Ihave a
seconded?
TRUSTEEE FOSTER: Seconded.
TRUSTEE POLIWODA: All in favor. ALL AYES.
23. 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 Road, Southold, NYSCTM#89-2- 3
POSTPONED AS PER AGENT'S REQUEST
24. Eh-COnsultants. Inc on behalf of STRONG'S MARINE request a Wetland
Permit to restore non disturbance buffer adjacent tc tidal wetlands by removing
parking material, planting with native vegetation and establishing earthen curb
and gravel lined swale as depicted on the project plan. Located: 2306 Camp
Minneola Road, Mattituck, NY SCTM#122-9-3 8:6.2
TRUSTEE KING: Anyone here to speak on behalf of the applicant?
ROB HERRMANN: Rob Herrmaun of Eh-Consultants on behalf of the applicant
Strong's Marina. Jeff Strong is also here. The Board is familiar with the genesis
of this application. Essentially just to refresh you memories. We had a couple of
meetings during the past several months at the site. To discuss the Board's
request ultimately. That there be a restoration of the buffer area. In this position
of the property. I believe that Jeff had actually contacted your office directly
with the proposal and it was your request that the proposal be formalized into a
wetland application and submitted to the Board for a heating. Which is what I
did at Jeff's request. That is what is before you. It reflects essentially a
combination of lesser ideas that were bounced around with Jeff Strong and the
Board Members. When you meet out there. Specifically, the idea that Jefflms
here. Is that the buffer line would essential being an extension of what the buffer
41
line is. If you move further along the property closer to the main parking lot.
Which is right behind the equipment structure. Which would at it's greatest point
create a twelve foot non-disturbance, non-fcn~ilization buffer with a three foot area
behind that. That would essentially fill the part of the non-disturbance buffers.
That would be an earthen curb and swale. So essentially you would take the
berm that exists now right at the wetland boundary and translate that landward
essentially. Then earth and gravel line swale behind that. That would detain any
run-off from the storage area. I had discussed the plan with Jeff and I certainly
hope that it wonld satisfy the Board's concern. I do not think that this area as we
discussed in the field is the same as the development of the vacant lot where you
are going to have turf that is going to have applications of fertilizers and herbalists
pesticides etc. that you would have concerns running offinto the wetlands. At the
same time there are obviously increasing pressures not just from this Board. But
to eliminate the availability of private dock space throughout the Towm
Obviously, their increasmg pressures on the mar/nas that have to respond to that
capacity. By having dockage space and also storage space. That is the pressure
that Jeffis responding to here. Obviously, looking to maintain a reasonable
portion of this areato store his boats. So that is what he is seeking fi~om the
Board and hopefully that there is some kind ora compromise. But obviously will
get the Board's comments. See what your response is?
TRUSTEE KRUPSKI: Any other comments? Could not find that big cut out?
ROB HERRMAN: The big cut out?
TRUSTEE KRUPSKI: On your drawing. We tried to reference. You got that
little restoration area that comer. It shows a big cut out.
TAPE CHANGE
TRUSTEE KRUPSKI: I think what we were looking for was that buffer.
JEFF STRONG: I thought this was indicated at one of the field visits. That you
guys had come on, If you would have taken that area where you say it was cut
out. That is approximately the area where I had bought the property that was very
cleared that had been as a graded area. Or at least the last twenty years I think it
was evident that everybody on that field visit. That was that way.
TRUSTEE KRUPSKI: It starts with that big cut out and there is no cut out. We
looked and walked we went back again and where does it start.
JEFF STRONG: I understand the part about the cut out. But I think if you
recollect back on one of the previous field visit. If you walk about 150 feet fi:om
there.
TRUSTEE KRUPSKI: But it was not clear. When we were last out there. If
there was a stake there.
JEFF STRONG: Well we can certainly make it clear. My desire, I certainly want
to be sensitive. What you are trying to accomplish. [ really would not give up on
this as it has been like this for the past twenty five years.
TRUSTEE KRUPSKI: I guess we will have to meet with you next month and
have Rob stake it out or something.
JEFF STRONG: There is no one on the Board that remembers walking that area.
The way that it is outlined here. Ken I know you.
TRUSTEE KRUPSKI: Ken what do you remember?
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TRUSTEE POLIWODA: I recall at one point a berm. Then it went out ten foot.
Tiffs is where the trailers are parked right now.
JEFF STRONG: Correct
TRUSTEE i~OSTER: I think what you want is a straight line.
JEFF STRONG: Which is what I attempted to do h~re. In other words take the
area where you saying which is slightly inward of the strmght line which allows
for a 12 foot vegetated area.
TRUSTEE FOSTER: How many feet back you want to go? Are you talking
twenty feet back in a straight line. That is all the conversation that I heard. We
have to define this soun~r or later and put this thing to sleep.
TRUSTEE POLIWODA: The trailers will have to get out of there.
TRUSTEE KRUPSKI: You will have to stake it. Like any other project.
Because it did not start any where. We went out there and looked. We walked it
back without a stake and we did say twenty feet. There is no reference to it.
JEFF STRONG: There was never any footage I would have stated specifically.
Twenty feet takesme further back fi:om where it ever was.
TRUSTEE KRUPSKI: Well if you stake k we can see.
ROB HERRMANN: The only difficulty I do not know if you have a relationship
with Peconic Surveyors that you can ~et them out here to stake tiffs.
TRUSTEE KRUPSKI: No just stake it. Measure it back and stake it. You do not
need a surveyor.
ROB H~RRMANN: I cannot do that.
TRUS:rEE KR ~UPSKI: Why not?
ROB HI57RRMANN: I cannot accurately stake this. Because I do not have any
point o£reference. The whole conversation started with you seeing this big thing.
It really does not exist.
TRUSTEE KRIJPSKI: It doesn't, does it.
ROB HE~: Exactly so I can only go by a survey. I can go out there.
TRUSTEE KR 'UPSKI: Stake it and draw up one of your little plans that you draw
up.
TRUSTEE FOSTER: Put some stakes in a straight line. If they are not far
enough back. Then will tell you to move them. That is all.
TRUSTEE KRUPSKI: But you have to stake it so that you can see ~. I thought
the shore line was straight there. I am sorry the wetland line there is fairly
straight there.
JEFF STRONG: The wetland line bows out.
TRUSTEE KRUPSKI: You have to stake it. For me anyway. There is no
reference there. When you got out there. Nothing, that is what we are looking
for. What is the most obvious physical fixtures that could be found. We walked
all the wayto the end of the docks. We looked around there.
JEFF STRONG: Are there any other questions?
TRUSTEE KRUPSKI: The plan I think we like the concept of the plan.
ROB HERRMANN: Any other conversation that comes out of ir. Can come out
at the inspection. So hopefully by the time that we get here next month. I will be
completed.
TRUSTEE KRUPSKI: I will make a Motion to Table.
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TRUSTEE DICKERSON: Seconded.
TRUSTEE KRUPSKI: All in favor. ALL AYES
25. En-Consultants, inc. on behalf of DONNA BLANCHARD requests a Wetland
Permit to remove and replace in/kind in/place approx. 27 linear feet including
5'& 7' of existing timber bulkhead and backfill with approx. 5 CY. Of clean sand
to be tracked in from an upland source and planted with beach grass (18" on
center) replant ( 12" on center) any disturbed sporting alterniflora adjacent to
southerly return. Construct a timber dock, consisting of a 3'x10' hinged ramp to
extend from bulkhead onto a 6'x12' floatsecured by (2) 8" diameter pilings.
Located: 50 Budds Pond Road, Southold SCTM#56-5-21
POSTPONED PER AGENT'S REQUEST
26. JMO Environmental Consulting on behalf of E.G. PATTERSON requests a
Wetland Permit for an in-ground swimming pool, patio, fencing and replace
existing wails. Located: Equestrian Avenue/Bell Hill Drive, Fisher's Island, NY
SCTM#9-3-6
TRUSTEE FOSTER: Apparently no body is going to speak in favor or against.
CHARLOTTE CUNNINGHAM: There is a letter from a neighbor against it.
TRUSTEE KRUPSKI: What did you see out there Artie briefly.
TRUSTEE FOSTER: What I saw was this place looks like a mid evil castle. It
has an area that is like a court yard. With an oval concrete wall. They want to put
a pool there. They want to take the existing wall down and put a pool there. The
place has a babbling brook running right through the property. The whole place is
close to the water in all. But I do not see a problem. He wants to put a pool in.
He is going :~o replace the concrete wall and put the pool up. The neighbor wrote
a letter here. I have something that I should read into the record.
TRUSTEE KRUPSKI: No it is in the record.
TRUSTEE FOSTER: It is in the record, okay. She is opposing it. I did not see a
real problem with it. It is surrounded by trees it really is sheltered the only view
on this property. Is from his property to the water. So my recommendation was
for haybales, silt fence wash back pool on the road side of the proposed
swimming pool. I will make a Motion to close the public hearing.
TRUSTEE KING: Seconded.
TRUSTEE FOSTER: All in favor. ALL AYES
I w/Il make a Motion to Approve the application of E.G. Patterson. All in favor.
ALL AYES with the stipulation I have already put them in there.
27. Docko Inc., on behalf of FISHER'S ISLAND YACHT CLUB request a
Wetland Permit to construct a 7'x72' wood pile and timber pier with two 5'x30'
finger piers, construct 225 (+/-)LF of floating pier, all with associated tie-off and
restraint piling reposition an existing 6' wide x 90 (+/-) if float with new hinged
ramp, include all associated restraint and mooring line piles, ail water wax-d of the
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apparent high water line. Located: Central Avenue, southwest comer of West
Harbor, Fisher's Island, NY SCTM#10-1-9
TRUSTEE FOSTER: Let me toll you, this is an extensivo amount of work. I do
not know what you want to do with it.
TRUSTEE KRUPSKI: Let us take a look at the plans.
TRUSTEE FOSTER: It is all within their scope. It is all within their area that
theynow have. It is a lot of work.
TRUSTEE KRUPSKI: They already have all this other stuff
TRUSTEE FOSTER: You know what. An application ofthat magnitude over
here is definitely a Board inspection. So I do not know what you want to do with
it? Do you all want to go over and look at it.
TRUSTEE KRUPSKI: It is all there.
TRUSTEE FOSTER: It is a major deal.
TRUSTEE DICKERSON: No letters? No opposition?
CHARLOTTE CUNNIGHAM: No
TRUSTEE ICRUPSKI: I do not have a problem with it.
TRUSTEE DICKERSON: I was wondering about the water movement through
here.
TRUSTEE FOSTER: There is no interference of navigation there. They are right
tucked in. They are in a little cove. They are right against the shore. They are
not bothering anybody. There is no traffic in or around there other than their own.
TRUSTEE FOSTER: I will make a Motion to close the heating.
TRUSTEE DICKERSON: Seconded.
TRUSTEE FOSTER: All in favor. ALL AYES
I make a Motion to Approve the application for FISHER'S ISLAND YACHT
CLUB
TRUSTEE tCRUPSKI: Seconded.
TRUSTEE FOSTER: All in favor. ALL AYES
28. 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 fence enclosure to
construct patios and to construct four(4) porches. Located: Equestrian Avenue,
Fisher's Island SCTM#9-3-9
TRUSTEE FOSTER: This is kind of cut and dry. There is a house they are
g°ing to take a portion of it down. May take down a couple of patios, right on the
bluff. It is right up there. My recommendation would be to approve with a stake
line ofhaybales, down spouts drywells for roof ran-off. They have pretty much
started renovating already. I do not see any impact as long as they follow.
Downspouts drywells for m-off, haybales and silt fence I put down here.
TRUSTEE KRUPSKI: Go for it. Is there a motion to close the hearing?
TRUSTEE FOSTER: I will make that Motion.
TRUSTEE KING: Seconded.
TRUSTEE FOSTER: All in favor. ALL AYES
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I will make a Motion to Approve the application LUCIUS FOWLER, Equestrian
Avenue, Fisher's Island with the stipulations I stated. All in favor. ALL AYES
29. J.M.O. Environmental Consulting on behalf of B.G. TREMAINE request a
Wetland Permit& Coastal Erosion Permit to demohsh the existing single 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 ofhaybales and silt fencing shall be instal/ed and
maintained until completion of project. Located: Private Road, Fisher's Island
SCTM#7-1-p/o2
TRUSTEE FOSTER: In addition to that they must have down spouts, and
drywells for roof run-off. This is the Tha Mahl they are building here. I mean
they are building the Tha Mahl. But you know what it is almost out of our
jurisdiction. Here is the harbor here. It goes around here. So I really did not
have a problem with it. Do I have amotion to close the hearing?
TRUSTEE DICKERSON: Seconded.
TRUSTEE FOSTER: All in favor. ALL AYES
Iwill make a Motion to Approve the application ofB.G. TREMAlNE for a
Wetland Permit staked haybales, silt fence, drywells, down spouts a new septic
system. Fisher's Island, NY
TRUSTEE KING: Seconded.
TRUSTEE FOSTER: All in favor. ALL AYES
30. Diaz Contracting on behalf of DOROTHY& LOISROTAR request a
Wetland Permit to remove window and install double French doors and
construct a set of stairs. Located: Peninsula Road, Fisher's Island SCTM#10-3-
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TRUSTEE FOSTER: All they are really doing is just basically cosmetic, but
they are very very close to the wetlands. I do not see a problem with it at all, It is
basically outside stuff. So what I did was wrote some things down here. I
recommended haybales, silt fence, I do not know how they could put any drywells
in. It is like six inches above the water table. The house is right there. But I
figured they should put up silt and haybales while they are doing all this ripening
apart. Motion to go offthe hearing. Close the heating.
TRUSTEE KING: Seconded.
TRUSTEE FOSTER: All in favor. ALL AYES
I will make a Motion to Approve DOROTHY & LOIS ROTAR request for their
construction work double French doors, set of stairs Penninsula Road, Fisher;s
Island with silt fence, haybales during construction.
I'RUSTEE DICKERSON: Seconded
TRUSTEE FOSTER: All in favor. ALL AYES
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TRUSTEE KRUPSKI: I will make a Motion to go back to the regular Meeting.
TRUSTEE KING: Seconded. ALL AYES
V. MOORINGS;
1. NICOLA HAASE requests to replace a cancelled mooting in
Goose Creek with a 13' Boston Whaler. Access: PUBLIC
TRUSTEE POLIWODA moved to Approve the application,
TRUSTEE DICKERSON Seconded. ALL AYES
2. RALPH J. RUSSELL request replacing mooring #50 in Jockey
Creek with a 20' boat. Access: PRIVATE
TRUSTEE POL1WODA moved to Approve the application
TRUSTEE KING seconded. ALL AYES
3. BRUCE & SUSAN ANDERSON request an offshore stake with
pulleyto on shore stake/existing stairs - 50' fi:om stairs Access:
PRIVATE
TRUSTEE POLIWODA moved to Approve the application
TRUSTEE KRUPSKI seconded. ALL AYES
Meetiag~4dj'ouraed: 12 o'clock AM
........... ._.Respectfully submitted by,
THE SOUTHOLD TOWN O.~K
~oard ofTo~ T~ v
To~m Oerl, Towm o~ Soul,old
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