Loading...
HomeMy WebLinkAboutTR-03/20/2002Alber~ J. I4rupski, President James l~ng, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Route 25 P.O; Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 Minutes March 20, 2002 Present Were: Albert J. Kmpski Jr.i President Jim King, Vice President Peg Dickerson, Trustee Ken Poliwoda, Trustee Arfie Foster Trustee (Absent) Scott Hilary, CAC Charlotte Cunningham, Clerk CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT FIELD INSPECTION: Wednesday, April 17t~ at 8:00 a.m. TRUSTEE KING moved to approve, TRUSTEE POLIWODA seconded. ALL AYES NEXT TRUSTEE MEETING: Wednesday, April 24th at 7:00 p.m. NEXT WORK SESSION: 6:00 p.m. TRUSTEE KING moved to Approve. TRUSTEE DICKERSON Seconded ALLAYES PASS ON THE MINUTES OF JANUARY 23 and FEBRUARY 20 meeting to have further discussion on those. TRUISTEE KRUPSKI moved to pass on minutes. ALL AYES MONTHLY REPORT: The monthly report for the Trustees for the month of February 2002 a check for $6,609.00 was fonvarded to the Supervisors office to the General Fund. II. PUBLIC NOTICES: Are posted on the Town Clerks bulletin Board for review. III. AMENDMENTS/WAIVEPJCHANGES: CHARLES BURST request an amendment to permit 2003 to change the existing dock and ramp to a floating dock and two piles to hold the dock. Located: 705 Windy Point Road, Southold NY SCTM# 87-4-6. If the Board approves these I am going to stamp these plans that they submitted tonight. It is actually Charles Burst and Herbert Lindtueit. TRUSTEE KRUPSKI: Do I have a motion to approve? TRUSTEE POLIWODA: Motion to approve TRUSTEE KING; Seconded ALL AYES REYDON SHORES PROPERTY OWNERS ASSOCIATION: request an amendment to permit #4704 to include the installation of a floating walkway parallel to the west bulkhead. The walkway would be accessed b~, ramp from the north bulkhead the installation of this walkway does not increase the number of boats that are berthed. Located: North End of Reydon Shores Drive Southold, NY SCTM #80-3-21.1. CAC recommends approval. TRUSTEE KING Moved to approve TRUSTEE DICKERSON: Seconded. ALL AYES LAND USE ECOLOGICAL SERVICES INC. OnbehalfofJOSEPH CORTALE request an amandmcnt to Permit =5288 to depict (2) proposed tie off piles at the end of the proposed dock each tie off pile is proposed to be 5' from either side of the proposed dock, preventing the vessel from mooring parallel to the proposed dock. Located: 2305 Glenn Road, Southold NY SCTM #78-2-39. TRUSTEE KRUPSKI: I would like to make a motion to approve the apphcafion on a conditional approval subject to next month's field inspection. Just to insure the Board that in fact the one-third role will be enforced on the final permit. TRUSTEE KING Motion to approve TRUSTEE DICKERSON; Seconded ALL AYES Susan E. Long Permits, on behalf of PATRICK LOHN request Amendment to Permit #4954 to install 3' X 12' ramp and 6' X 20' float secured with pilings. Located: 2480 Minnehaha Blvd. Southold, NY SCTM# 87-3-57. CAC recommended approval. TRUSTEE POLIWODA: Motion to approve. TRUSTEEE DICKERSON: geconded. ALL AYES 2 VINCENT & PETRA BENIC request a change of name from Leslie & Rose Made Windisch transfer Permit g4378 to Vincent & Petra Benic also Amendment to Permit # 4378 to conform to plans approved byNYS Department of Environmental Conservation. Located: 1375 Pine Neck Road. Southold, NY SCTM# 70-5-39 CAC had no comments. Tabled to be re-inspected TRUSTEE KRUPSKI: Motion to table te be staked at next month inspection TRUSTEE DICKERSON: Seconded ALL AYES WINIFRED J. HARRIS-ALLEN request a change of name from Eillis Terry for permit #2057 dated 8/25/85 to Winifred J. Harris-Allen Located: 230 Jockey Creek Drive, Southold, NY SCTM# 70-5-8. TRUSTEE POLIWODA: Motion to Approve TRUSTEE KING; Seconded ALL AYES SHIU CHING CHEN request a change of name from Richard Sansevere for permit # 5051 to Shiu Ching Chen Located: 7433 Soundview Avenue, Southold NY SCTM# 59-6-5.1 Tabled to be reinspected must conform to October 5, 2000. WetlandPenuit. approval. TRUSTEE KRUPSKI: Motion to table TRUSTEE KING: Seconded ALL AYES KAREN & ROLAND GRANT request a waiver to install a four foot high fence across the rear of property, N/E comer within Town Tmstees jurisdiction per NYS Building Code, fence required to surround property containing swimmmg pool. Located: 1775 Indian Neck Lane, Peconic, NY SCTM# 86-05-9.1 TRUSTEE KRUPSKI: Motion to Approve. TRUSTEE DICKERSON Seconded ALL AYES FRANCES E. NIELSEN request an Amendment to Permit ~5172 to construct a deck and screened porch addition to an existing single family dwelling as per plans dated 12/15/01. Located: East End Road, Fishers Island NY SCTM# 5-1-8 TRUSTEE POLIWODA: Motion to Table TRUSTEE DICKERSON: Seconded motion to Table. ALL AYES 10. DOUGLAS ROSE requests a one-year extension Permit #5150 for bulkhead replacement. Located 95 Kimberly Lane, Southold, NY SCTM# 70-13-20. i TRUSTEE POLIWODA; Motion to approve TRUSTEE DICKERSON; Seconded. ALL AYES 11. CHARLES SIREY requests a one-year extension Permit #5113 for a fixed open walkway, steps, ramp and floating dock. Located 435 Westview Drive, Mattituck, NY SCTM# 139-1-23 TRUSTEE KING: Motion to Approve TRUSTEE DICKERSON: Seconded. ALL AYES- TRUSTEE KRUPSKI: I need a Motion to go offthe regular meeting TRUSTEE KING: I will make a Motion TRUSTEE DICKERSON Seconded 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 TOEN OF SOUTHOLD. I HAVE AN AFFIDAVIT OF PUBLICATION FROM THF, SUFFOLKTIMES. PERTUNENT CORRESPONDENCE MAY BE READ PRIOR TO ASKING FOR OMMENTS FROM THE PUBLIC. PLEASE KEEP YOUR COMMENTS ORGANIZED AND BRIEF FIVE (5) MINUTES OR LESS IF POSSIBLE. JOAN B. LACAILLE request a Wetland Permit for a low structure to protect wetland grasses from further erosion, construction of one foot high retaining wall, approximately 60 linear 12. on north-west side of catwalk, and approximately 30 linear 12. retaining wall 1.5 high north east of catwalk. Located: 1255 Waterview Drive, Southold, NY SCTM#78-7-17 POSTPONED AS PER APPLICANT'S REQUEST Suffolk Environmental Consulting, Inc. on behalf of WILLIAM H. PRICE, JR. ESQ, request a Wetland Permit to construct a 1725 s.f. single family dwelling (footprint) with a 550 s.f. attached deck (footprint) an 865 s.f. gravel driveway, septic system and waterline, and place 125 ey of fill to elevate the septic system. Located: 100 BayRoad, Greenport. SCTMg43-5-10 POSTPONED AS PER AGENT'S REQUEST 4 JOHN HENRY requests a Wetland Permit to construct a 9' X 36' ground level deck, remove window and install an overhead door, and construct stairs from the existing deck to the ground on the south side of the house. Location: 2360 Village Lane, Orient, NY SCTM# 26-1-15.1 TRUSTEE KRUPSKI: Is there anyone who would like to speak in favor of the application? Anyone like to speak against the application? CAC recommends disapproval because the project was not staked. This is an application that Attic looked at. SCOTT HILARY: Al, once again our Board's general policy is to disapprove or table those projects that are not staked. We have a few of those on the agenda this evening. TRUSTEE KRUPSKI: Trustee Foster looked at the project and did not have any problem with it. Any comment from the Board? TRUSTEE DICKERSON: Motion to table TRUSTEE KING Seconded TRUSTEE KRUPSKI: All in favor ALL AYES BUDD'S POND MARINE requests a Wetland Permit for maintenance dredging two areas of marina adding 4 slips to the marina. Forty cubic yards to be dredged and loaded upland. Located: 61500 Route 25, Southold, NY SCTM# 56-22-32.&3.3 TRUSTEE KRUPSKI: Is there anyone who would like to speak in favor or against the application? Any comments? TRUSTEE KING: Is that a typo or are you going to dredge two acres of property? BILL WlTZLE; Total of forty cubic yards in two different areas. TRUSTEE KRUPSKI: Travelers slip is the other area to be dredged? BILL VOTZLE: Yes SCOTT HILARY: CAC recommends approval. TRUSTEE KRUPSKI: Is there any other comments? TRUSTEE KING: Motion to close the hearing. TRUSTEE POLIWODA: Second TRUSTEE KRUPSKI: All in favor ALL AYES TRUSTEE DICKERSON: I make a motion to approve wetland permit for maintenance dredging in Budd's Pond Marina. TRUSTEE KING: Second TRUSTEE KRUPSKI: All in favor ALL AYES JAMES & CATHY SLECKMAN request a Wetland Permit for renovation and addition of second story. Located: 150 Oak Avenue, Southold, NY SCTM# 77-2-6 TRUSTEE KRUPSKI: Any one like to speak in favor of or against the application? Comment from CAC was that it was not staked and the proposed work was unclear. The applicant should provide excavation volume. Scott could you define that for us. 5 SCOTT HILARY: On the permit how much material is to be excavated I think that was missing. It was a comment from one of our Board members. TRUSTEE KRUPSKI: Scott is representing the CAC he is not representing our Board. We were going to open the meeting tonight but the neighbors have to be notified so we will hold this over to the April meeting. TRUSTEE POLIWODA: I would like to make a comment I walked up and down the line of the houses and right now you stand in line so I would not recommend push'mg it out toward the creek at all. JAMES SLECKMAN: No I am not TRUSTEE_POLIWODA; It was a little unclear. TRUSTEE KRUPSKI: We also had a question about the septic system we would like to see that moved during the course of the construction. It is aboul filly-five feet from thc block wall now. I would like to sec that moved. Is that possible? To the back of thc house or the roadside of the house. JAMES SLECKMAN: I guess anything is possible, AL KRUPSKI: That's wtmt we would recommend. We also are going to petition drywells and gutters for the house on the permit. Just so you know that I will make a .Motion to table the hearing. TRUSTEE POLIWODA: Second ALL AYES MARTIN KOSMYNKA: request a Wetland Permit for add suuroom 14' X 29- 1/4' with above ground fiberglass pool. 7.8 ' X 13' forty eight inches deep above ground. Located: 1985 Pine Tree Road, Cutchogue, NY SCTM# 98-1-11.2 TRUSTEE KRUPSKI: Is there anyone here that would like to speak in favor of or aga'mst the application? CAC recommends approval. Any Board comments? Do I have a motion to close the hearing? TRUSTEE KING: Motion to close. TRUSTEE DICKERSON: Motion to approve Martin Kosmynka request for wetlands permit to add a sunroom, above ground fiberglass pool and drywells TRUSTEE KING; Second TRUSTEE KRUPSKI: All in favor. ALL AYES SALVATORE PALACINO: request a Wetland Permit to build a catwalk 65' X 4" lin, ft, with (12) 4' diameter CCA pilings, two sets of steps to grade (one set at each end of catwalk) plus two 6" diameter piles for pulley system. Located: 790 Oak Street, Cutchogue, NY SCTM# 136-1-38 POSTPHONED UNTIL APRIL AS PER APPLICANT'S REQUEST GARY GERNS, Contract Vendee requests a Wetland Permit to construct single- family residence. Located: 1680 Brigantine Drive, Southold SCTM# 79-04-25 6 TRUSTEE KRUPSKI: Is there anyone who would like to speak in favor or against the application? TRUSTEE POLIWODA: IfI may comment I would like to abstain from tiffs heaOng because I was notified that this is a neighboring property. CARL VAIL: I looked at the site plans for house and there is only a seventeen- foot set back from the wetlands and I would like to encourage the Trustees to follow their current policies of fifty feet. It says twelve-foot buffer what kind ufa buffer is that? Anyway those are my remarks and I would like to encourage you guys to follow that policy. TRUSTEE KRUPSKI: Any other comments? Actually this is not something they are going to vote on tonight. We inspected it last week. We found that the distance between the house and the wetlands was not accurate. If the applicant plans to use this lot as a building lot they are going to have to dramatically change the configuration of the house and the septic and location of the septic. It is unfortunate that Mr. Gerns or someone representing him was not here tonight. GARY GERNS: I am here TRUSTEE KRUPSKI: Would you like to come here and I will show you what are concerns were. You can see in the rain this survey here last week we measured this corner the house comer was staked now this is seventeen feet we actually measured thirty six feet and then we did no! believe it so we went back we measured it again to make sure. The BOard policy is a fifty-foot buffer. IN 9order to build here you would have to move the house close tO the road. You have to get this accurate we think this is thirty-six feet there ok? In order to build here you would have to move the house closer to the road so we could provide a fifty-foot buffer here from the wetlands. So basically, you would not have a back yard in this lot. The septic system you would have to move all the way as far as you can away from the wetlands to maximize the distance. GARY GERNS: I notice in the house next door I was not sure if was wetlands or not. TRUSTEE KRUPSKI: Yes I believe they had a fifty-foot buffer. Yes, we just issued that we try to be consistent. GARY GERNS: The Town would not have thal TRUSTEE KRUPSKI: You would probably need a variance for that. Sorry GARY GERNS: From you people? TRUSTEE KRUPSKI: No, from ZBA, see you have a hundred foot right here; You could put the septic system outside of our jurisdiction right over here by the road. That would be one hundred feet, which would not be in our jurisdiction at all. You have to redo these plans showing that and re-stake the corner of the house showing it fifty feet away from this wetland. GARY GERNS: You said you measured from the stake we measure thirty-six feet. TRUSTEE KRUPSKI: That's what we measured we did not believe it so we measured it again to make sure. GARY GERNS: So I have to bring the house out... TRUSTEE KRUPSKI: The septic all the way to the right. Let me check the CAC comments. The CAC comment is disapproval. The project reqmres a one 7 hundred foot setback from the wetlands. They are concerned with the grade and potential alteration of the grade causing runoff. Did anyone on the CAC mention that? SCOTT ItILARY: Yes there was a discrepancy with distances as well for us. TRUSTEE KRUPSKI: We went back in the rain we measured it again because it was a big difference. We got thirty-six feet. You have to get this accurate SCOTT IfILARY: More than the applicant is referencing TRUSTEE KRUPSKI: Yes so were are suggesting that the applicant move it to the road and he could get his fifty foot buffer for the house and another for the septic. SCOTT ItlLARY: And, further for the record A1 we feel that the property to the south has already negatively impacted with the increase grade the fill that was brought in if you know what. That location looked like prevtously it basically looked like the elevation of the applicant's property. So we just had a concern with how much the grade is going to change and how much fill i~ going to be brought into that area~ The increase runoff into the wetland. TRUSTEE KRUPSKI: We need basically a final grade on that. I believe we have fifty-foot buffer on that. SCOTT HILARY: Yes there's at least there, but I am not sure ~he applicant has that much there to work with in his property. We would request ~,t_ least fifty foot. TRUSTEE KRUPSKI: Drywells and gutters on the house. To, handle the roof m-off. I will make a motion to table this application. JI~KING: Seconded TRIJSTEE KRUPSKI: All in favor. ALL AYES JAMES E. & KARE1N A. ItOEG: request Wetland permit to construct a 4 foot by seventy four foot catwalk supported by four inch by four inch d'maensional lumber, access steps, a three foot wide star-way to grade, and one six inch diameter piling. Located 350 Willis Creek Drive, Mattituck NY SCTM# 115-17-17.10 TRUSTEE KRUPSKI: Does anyone like to speak in favor or against the applicant? CAC recommended approval. I am going to pass these plans out. We were on the site last week and are inclined to approve a structure that would provide you an access to the water but somewhat smaller than you have applied for. JAMES HOEG: It only sticks out five feet from the edge of the marker. I have some pictures it that will help to see it. TRUSTEE KRUPSKI: Sure JAMES ltOEG: You know what this is not, this is the one I had to table you should have the one that is much smaller than that. I went through the DEC process and met with them. If you eliminated tiffs., this here is just steps to grade TRUSTEE KRUPSKI: That's what we approved for the Shakers I don't know if you know them a few doors down. We just approved them basically the same. struxmre. JAMES }IOEG: The reason I put it here was the property line so that if they it is staggered and over here is Joe Zito it is longer than his but sticks out the same distance. I did submit this you probably have it somewhere. TRUSTEE KRUPSKI: CAC approved it. Did you see these new plans Scott? SCOTT ltlLARY: I did not, I did not do the inspection myself. TRUSTEE KRUPSKI: Pass this down to Scott we did have the matter of this to discuss also. JAMES ItOEG: It has akeady been rectified I took it out of the ground. Whal happened. Was the masons were suppose to have my patio pitched so it was all pool in there so what they did was they put little drains at the head of it. What they were suppose to do was hook it up to a dry well but what they did was they snaked it out into there. I knew that they had done it but I figured well so be it but when I saw that I made them take it out. TRUSTEE KRUPSKI: Scott do you have any comments? SCOTT }tlLARY: No I don't the Board just approved it TRUSTEE KRUPSKI: This is what we were going to recommend because this is very similar to what we approved for your neighbor last month, You show a hand railing here made out of what? JAMES ItOEG: Wood. TRUSTEE POLIWOFA: What kind of height for the cat? JAMES ItOEG: At least three and a half feet above grade. The reason for the handrail ~s I have children, TRUSTEE KRUPSKI: Well we are trying to get into addressing it before it is permitted because we have had problems lately with people putting it on afterwards. Any problems Ken? TRUSTEE POLIWODA: He should keep in touch with the DEC and contemplate why he needs steps to go up and then down TRUSTEE KRUPSKI: Yes we would rather see it go straight out right offthe grade. JAMES ttOEG: Actually that is what I tried to do and I don't know what they belief is all the time with what they make you do. TRUSTEE KRUPSKI: Well they try to get shading underneath If you want to do that we could recommend it coming straight off the bank it basing on the planking. TRUSTEE POLI'WODA: It does not make sense for that. To have to put stairs up and then work down. I hope they recommend it offthe grade one inch spacing betwean the boards/ TRUSTEE KRUPSKI: If you inclined to go back to the DEC for an amendment you could recommend this. We could recommend it going straight offthe bank with spacing on the planking. Is there any other comment? Do I have a Motion to close the hearing?. TRUSTEE DICKERSON: So moved TRUSTEE KING: Second TRUSTEE KRUPSKI: All in favor. ALL AYES. TRUSTEE KING: I will make a motion to approve the applicant of James ltoeg. Do you want to try going straight offthe grade? 9 JAMES HOEG: Sure TRUSTEE KRUPSKI: Give us mended copy of the plans showing it going straight offthe grade and it can reach three and a half feet ar the end and we have ro meet with the DEC and we will have to bring it up with them. The motion has been seconded all in favor. ALL AYES 10. PAUL & CONSTANCE CONNOR request a Wetland Permit to construct a shed 8' X 12' X 91/2(10') on gravel. Locate: 830 Deephole Drive, Mattituck NY SCTM# 115-12-12 TRUSTEE KRUPSKI: Anyone wish to speak in favor or against the application? . JAMES EGINGTON; I am representing my mother Mary Egington. She lives onthe property adjacent to that. My mother has owned property for over forty- e/ght years she has had a house on it for thrrty~six. When she started out she had one hundred and thirty two feet in deeded water she is forty-four foot under water now so yes She is closer to the limit. They want to put a shed up that is beyond my mother's property wkich I have pictures of the that will destroy the view. The Board did go there and look at this and you agreed on eight-eight or something like that was that a number I am asking for three more feet that is all. I will show you the pictures. This is my mother's house this their house it sits way back this is where it was if you go to eighty-eight you are going m here it gives no privacy what so ever I.sit in my mothers kitchen and I can see everyth'mg that is go'mg on here~ If this shed was put back past the first window that is only three feet this is what you would see from my mother's' kitchen for someone that is eight-two years olctand abides by everything. I have every application and CO for that house dock, bulkheads carports. In Suffolk Times they say they always want one hundred feet form high tides I know you can't abide by that all the time. TRUSTEE KRUPSKI: Thank you. ts there any other comment? I am look'rog forthe CAC comment. SCOTT HILARY~ . They recommend approval. CONSTA~ICE CONNOR: Just if you have any questions. TRUSTEE KRUPSKI: You are? CONSTANCE CONNOR: I am the applicant. TRusTEE KRuPsKI."We looked at this last month. Do you have any obj,eCtions to moving the shed three feet towards your home? CONST~CI~ CONNOR: I think at that point_(cannot understand) TRUSTEE KRUB~SKI: When we were out on field inspection in the middle or early February, we haw the patch of gravel. I cannot find in the file here the plans fo~the shed. DO yoo have plans? Can we see them? CHARLOTTE CUNNINGHAM: Did you ever send in any thing to the office? I think you went by the gravel where the gravel was put I think that is how you did it. CONSTANCE CONNOR: I never sent anything in. It was actually from the shed three feet at the right location. 10 JAMES EGINGTON: This is where it will be if that is helpful. You agreed on mghty-eight that brings it to the comer of the house I want three more feet if possible. TRUSTEE KRUPSKI: Where does the eighty-eight feet come on the gravel? On the landward side? JAMES EGINGTON: No eighty-eight feet is back here. If you that this picture and you go like this that's eighty-eight. This dwelling here is eighty-eight feet from the water as I said it was well over that it is forty-four feet underwater. So you could just bring it back eight-eight feet plus three which would give you a total of uinety-one would push it back past this front window and when we are sitfmg in the kitchen we cannot see in her kitchen, dining room, living room I have no clue what it is. We never, even come in the house and look out you would have privacy. TRUSTEE KRUPSKh In an effort to keep the peace in the neighborhood is there any objection to moving this back three feet? TAPE CHANGE JAMES EGINGTON: It is seventy-three feet now, eighty-eight brings it right to there. TRUSTEE KRUPSKh Could we just see this? JAMES EGINGTON: If you don't understand it I can explain it to you. The three feet is just bringing it back from the comer of the house. As I said I know it was well over a hundred feet from the water. CONSTANCE CONNOR: I really feel very bad I did not want to become an ugly neighbor. TRUSTEE POLIWODA: Just so you know before we come out next month, normally our policy is not to allow people to build out front ora neighbor's home, creek side TRUSTEE KING;: Waterfront property we are trying to keep everyone in line because there is always a problem if someone building out in front then tiffs stuff sta~s CONSTANCE CONNOR: So how far off the water? TRUSTEE KRUPSKI: That would be a separate issue, how far off the water. CONSTANCE CONNOR: I thought I was going to consider it not putting it all the way down. TRUSTEE KRUPSKI: Then that would block your view. We are going to come out and take a look JAMES EGINGTON: Could you do me a favor when you do come out would you please knock on my mother's door and go in the kitchen and sit down and look. You are not getting the real picture without doing it. You can see right in the house. I do not want to sit there and look in the house. You understand you can see on the deck that that does not give you privacy. TRUSTEE KRUPSKI: But your neighbor does have an issue with the location of the septic tanks also to be considered. JAMES EGINGTON: How far away from there? 11 CONSTANCNE CONNER: They are right there. JAMES EGINGTON: They are not on the property line I was there when it was built. I know they are not there. TRUSTEE KRUPSKI: Well we will come out and take a look. JAMES EGI1NGTO1N: Well in the paper it says one hundred feet was the law changed? TRUSTEE KRUPSKI: We will notify everyone. Our jurisdiction is only one hundred feet: If this were out of our jurisdiction you would not even have to be here. Which would be just finel We are going to keep these pictures. We will be there 0uApril 17th in the afternoon. TRUSTEE KING;_I will make a motion to Table TRUSTEE DICKERSON: Seconded. TRUSTEE KRUPSKI: All in favor: ALL AYES 11. PROPER-T PERMIT SERVICES on the behalf of SALVATORE GUERRERA requests a Wetland penuit to construct a dwelling with on-site sewage disposal system and public water. Construct fixed walkway 4' X 178', hinged ramp 4" X 16'. And floating dock 6' X 20" to be secured by two piles. Located: 1450 Ole Jules Lane, Mattituck SCTM# 122-4-44.6 TRUSTEE KRUPSKI: Any one here like to speak in favor of the application? JIM FITZGERALD: Yes, Jim Fitzgerald for Mr. Guerrera. We submitted a revised plan which means that this description does not count anymore and what heard about Mr. Wilson who decided to mm it into a fixed dock because that all that he can see approving tiffs area and recently the Trustees and DEC have approved two dock within a 100' with'm a 150' of where we are proposing this dock. So that now the overall length of the walkway is 220' of which about one hundred and forty feet is in the wetlands over the wetlands and it is just a walkway ending in a fixed dock with a (cannot understand) Were you able to get out there and inspect it? TRUSTEE KRUPSKI: We had limited access. We did look ar as much as we could. J1WI FITZGERALD: Did you see the stakes? TRUSTEE KRUPSKI: Yes we did see the stakes. What we would like to see though is ge back to the setbacks, I do not know if the CAC commented on this application. SCOTT ItlLARY: This was from our field inspection September 11, 2001. We recommend disapproval requ'n'ing at least a fifty-foot non-disturbance set back. TRUSTEE KRUPSKI: Before we get into that thought, is there any other comment on tiffs application? We would hke to listen to everyone first. JIM FITZGERALD: I did not hear that comment. Wtmt did you say?. SCOTT HII,ARY: We recommand a disapproval and request at least a fifiy-foot nomdismrbance buffer. JIM FITZGERALD: Between what and what? 12 SCOTT HILARY: From the nearest proposed structure to the upper edge of the wetland. TRUSTEE KRUPSKI: That's consistent with Board's policy right now. SCOTT HILARY: Further Al for the record it is our Board's general policy to request at least fifty-foot non-disturbance buffer or one hundred foot when it can be achieved and that becomes more optimal the one hundred foot, TRUSTEE KRUPSKI: Of course. I do not know if that is possible in this. SCOTT ltlLARY: I do not recall. KEVIN MCALLISTER: Kevin Mc Allister Peconic Baykeeper, I had a question I am not familiar with the application but a flag rose to me with the setback off of edge of wetland. Is it less than fifty feet? SCOTT HILARY: Noat least: fifty foot. TRUSTEE KRUPSKL'X'When we are talking about fifty feet we are trying for a fifty foot buffer,and then there is a house end then there is any need disturbance to build a house. So the house itself would be greater than fifty feet it just that there would be a~ fifty, feet non-disturb buffer left. KEVIN ~CALISTER: Is that in tack with the proposed application? TRUSTEE KllUPSKI:'T' Not currently. It says forty-five. What did we measure ? you have any fi~e!d notes? COTT ~Y: We recommend a hundred when it can be achieved because the reSearCh shOWs that is more optimal for the habitant requirements for most ~etlan6 la~d sgecles and upland species one hundred foot becomes optimal. ~¥IN 1V~CA[,.' ISTER: Snst a general comment I can caution the Board. I had spol0en about this going back in the Fall about encroachment on shorelines. This. raises~some"O~" concern, ,this application TRUSTEE KRUPSKI: Well this has continued to have a subdivision here it is rmv, an unspoiled area. When we measured what was staked in the field against the We!lands ~e we got thirty-eight feet not forty-five. We doubled checked it from a di~ff~reut aiagle. ~e Would, like to see a fifty-foot non-disturbance buffer for the house and ~en we would like to put you on, if you get those plans in, antgmafically for next month field inspection. SQOTT ItlLARY.' Is that fi:om the upper wetland delineation Al? T~STE~E KRUPSKI: Your Board is going to have to go out next month and measure it; Wegot thirty-eight feet of what we consider to be tidal lands. Is it flagged apparently? ~: Is tiffs a twelve by twenty foot platform out on the end there? KRUPSKI: It might be an old plan. Does Ken have the only plan? Here it is. Next month April 17th could you have that proposed mooting pile staked out there? JI~ FITZGERALD: Sure TRUSTEE KRUPSKI: Is there any other comment on this lication? ~ app . sODTT ~ARY: CAC commends regarding a proper dock. : I ~on't think we had a specffic comment about the dock 13 But I think we would like to see it again if the applicant could stake the proposed walkway yhsyt would be helpful. TRUSTEE KRUPSKI: If there are no further comments I would take a motion to table. TRUSTEE POLIWODA: I make a motion to table the applivafion. TRUSTEE KING: Second. TRUSTEE KRUPSKI: All in favor. ALL AYES 12, PROPER-T PERMIT SERVICES on the behalf of GRACE CANTONE & MARIA SANTIGATE request a Wetland Permit to remove approximately125 cu. yds. of excess sandy soil from site, place approximately 100cu. yards of top soil to about three inches average depth in area disturbed by construction in stall lawn sprinkler system. Located: 2305 Park Avenue, Mattituck NY SCTM#123-3-21 TRUSTEE KRUPSKh Any one that would like to speak in favor of the application? JIMFITZGERALD: I think the drawings are self-explanatory. If you have any questions I would be happy to answer them. TRUSTEE KRUPSKh Before we have questions are there any other comments? JIM FIT, ZGERALD: As you know this was the subject of a violation that was issued three or four weeks ago. TRUSTEE KRU?SKI: CAC recommends approval with a condition that non- fertilizat'~on non-turf buffer is established. TRUSTEE KING: That was my concern. This is area that is going to be scratched out and loaded with top soil. TRUSTEE KRUPSKI: Is this disturbed now? TRi~ffTEE KING: 'Biggest part of it all up in here. There has been a lot of construction here, now this is the area of the sprinklers I understand and it really goes down a lot further than this disturbed area. We were on a field inspection a while back and their lawn is extended almost right down into the wetlands we wer:e down there was all sparfina. We told them to stop doing that, this is the same area right this is all trying to come through but they have beem moved. I agr~ee we need to establish some kind of non-disturbance area here leave it alone. TR~iUSTEE KRUPSKI: You und~stand that. ~ FITZGERALD: No, I do not neither. TR~JSTEE KRUPSKI: You have to tell l~m. TR~JSTEE KING: We want to establish it. It is obvious it has all been mowed. Leave it alone. They want to fill and manicure tiffs with the sprinklers to their hearts content. It is a big yard it is forty feet. TR[USTEE KRLrPSKI: No other comments. Do I have a motion to close the bergs? TRUSTEE DICKERSON: So moved I O: Se0.ond ~USTEE KRUPSKI. All in favor. ALL AYES 14 TRUSTEE KING: I will make a motion to Approve with the stipulation thai there is a non disturbance area forty feet fi'om landward of the wetland l'me. TRUSTEE KRUPSKI: Draw it in on the plans it is a condition of the permit to have it drawn in. Do I have a second on that? TRUSTEE DICKERSON: Second TRUSTEE KRUPSKI: All in favor. ALL AYES 13. PROPER T PERMITS on behalf of STEVEN KRAM request a Wetland permit to construct 4' X 57 +'-' overall fixed open walkways freestanding dock with steps to grade at landward end. Located: 100 West Lane Southold, NY SCTM#88-6-12 TRUSTEE KRUPSKI: Does anyone here like to speak in favor of the application? JIM FITZERALD: Yes Jim Fitzgerald as you know we started on this last month and the Board tabled it and wanted to gather more information. Which I would like to hear In addition I have provided to Charlotte several days ago, a paper entitled notes concerning Steven Kram application which has a lot of what I consider to be important points on it All of the Trustees have read that and it would be up to you whether I should read it or not to the assembly. TRUSTEE KRUPSKI: Could you read it into the record please? JIM FITZGERALD: Sure, Just by way of comparison the DEC regulations state that a single open pile Catwalk onto a dock with a what they refer to as an SM area that being defined as coastal shoals, bars, and fiats is a generally compatible as it is a generally compatible use and may be permitted by the DEC which is generally little or no interest to the Trustees, however, it is a significant point I think Chapter 97 of the Town Code does not make any distinction between the creeks of the Town and the open bay with regard to the construction of water related structures in open bays as we have mentioned. The structure that would he permitted in a creek should be permitted on the open bay all other things being equal. The idea of restricting structures from a given area because other structures do not already exist in the area is not in my opinion is not a valid concept, just as permitting them because of this already exist is not valid. Trustees have repeatedly stated that every case is different and each must be treated individually on its own merit. The project in my opinion is acceptable under all of the premise of 97-28 of the code. Those are the items that must not be interfered with in order for a permit to be issued. A condition of no furore expansion could be imposed in the permit a condition of mandatory regrouping after a period of disused could be imposed in the permit. Although there are relatively few other docks on the open bay there are many groins and jetties on the open bay throughout the Town. The proposed dock would be not more visually intrusive than these groins and jetties. The open bay is not visually perceived further in season there are many boats moored along the bay front throughout Town and we are not concerned about their visual concept. We are after all a waterfront community and one expects to see jetties, boats and docks. Within recent years significant open bay development with water related structures have been permitted on Robins Island and in New Suffolk. The Trustees concern is the 15 docks structural adequacies in a given located could l'maited to acting in an advisory capacity since no applicable design criteria exists. It seems obvious in a given structure who have much less potential for adverse re-affecting environments factors if it were on Southold's open bay than if it were on one of the Towns creeks and yet the Trustees are considering denying the application for this structure nearly because it is on the open bay. That is the end of my oral remarks. TRUSTEE KRUPSKI: The file was inadvertently left in the office today and we are gmng to take a brief two-nfmute recess. Do not leave though. We will take more comments while we are waiting for the file. JIM~FITZGERALD: I have one more point ifI may. The other thing I should have mentioned is the material that I gave to Charlotte earlier in the week indicates that we would like to move the dock to the western side of the property so it is 80 or 90 feet further away from the bathing area than it was in the original proposal. TRUSTEE KRUPSKI: Thank you. NE1GltBOR: I am a Trustee with the Angel Shores Property Association just a comment on that we have beaches on both sides of that so if you look to the other sid-e~our beaches are there too. Also let me remind the Trustees. If you are not aware that when our covenant was established. The Town told us that we could not build any docks out into the bay from any of those beaches so we are looking for consistency. At the last meeting the State I know was recommending against this. We also got the perception from the Board that they are leaning against it also and that was re'mforced by the article in the "Suffolk Times". You are well aware of our opposition you have gotten some letters from us and you have also gotten some petitions from us with fifty signatures. So not once a few moments ago you were concerned with someone's view not once have I heard the safety issue addressed in terms of forty some odd children swimming there in the summer time with an attention that is gong to bring boats and jet skis into that area. We are confident and we are optimistic that the Board wil stay on the track that they were on at the last meeting. Thank you gentlemen. TRUSTEE KRUPSKI: Any other comments? KEVIBI MCALLISTER: Hello again Kevin McAllister - Peconic Baykeeper.. I would like to speak in some general terms and aga'm when I camebefore the Board in the fall I indicated to the Board that I recognized the difficult task that you have in evaluation projects based on your criteria. I think we really have to start tolooking with the cumulative impact to short hardening structures docks and bulkheads l'tke most folks in the room we saw a couple of weeks ago there is some discussion about maybe taking some time out and taking a hard look at the proliferation of docks and other shore hardening structures. There is no question this is regional within this estuary. The number of applications has been wrapping up within recent years number of permits that are being issued and again I submit that we are chipping away at the edges with single-family residences as well as auxiliary smactures such as docks. Property owners on the waterfront have a right m access that water but so does eriterian access from the citizens with pubhc trust doctrine. That is our right to walk the shorel'mes and not be obstructed from 16 that access. I would recommend to the Board and ask you to take this into consideration. I will put it in writing in days following, a tmuporary one-year moratorium on new dock and bulkhead permits while legislative actions are being considered and codified. A classification of all shore lines and bottom land for the purpose of establishing management zones to reduce the impacts of shoreline hardening structures. Establish more astringent dock permitting criteria and last and I th'ink most significant I think in immediate action in short term and that is legislative action that affirms a probation of all shore hardening structures includ'mg geo-textile sand tubes on shorelines that have nol previously armored. We need to get that out front and hopefully the Board will take into consideration my comments and again I will further articulate them in writing in coming days. Thank you. TRIJS:TEE KRUPSKI: Thank you. Any other comments? JOttN COSTEI_LO: I hope this Board understands one th'rog that a dock is not a shore hardening structure. We do have docks and the water does flow thru them and they do create other habitats. The pilings are columns create with other habitant so I mean the statement that they are shore hardening structures are not to be lumped into any dock structures..John Costello with Costello Marina. There are studies that need to be done in the Peconic Bay Estuaries. Studies that these Studies have to been done to determ'me the effects these studies are not complete and ! hope many years to come that the studies are done to show actually the effects not only of the pilings the docks the shading but also the structures themsel,ves. ~T/iRRUSTEE KRUPSKI: Anyone else who has not spoken? · WOODS: My name is Woods. The first property to the east of the Kram property. If Mr. Kram were build'rog a groin I would be all in favor of it, It protects the beach and it does nor attract boats. Docks attract boats. There are a lot of people who are swimming here a moored boat none of them stay there ve~ long and they are really not a hazard. The hazard I can see with a dock is that it attracts boats and you will have boats tied up to it. TRUSTEE KRI.~PSKI: Thank you. Anyone else who has not spoken? NEIGHBOR: I believe we are also concerned with the erosion it would cause to the beach. The way the water washes then that eventually it would turn around and wash that part of the beach away. I do not know if I am exactly right but that is what I have been told. TRUSTEE KRUPSKI: Thank you any other comments? Do the Board members have any comments? What is the CAC comment on this? SCOTT ItlLARY: Field i~spection February 12, 2002, we recommended disapproval. We felt that in this area that the proposed structure would have a negative impact on the entire area including limiting the access to public resource, including boating and shell fishing and interfering with navigation. Further, for the record currently this shoreline is pristine and a proposed structure would have an impact on the esthetics and the natural character of this shoreline on Hog Neck Bay environment. I know esthetics is seldom referenced but ifI am not mistaken it is in the code. 17 TRUSTEE KRUPSKI: Thank you I need Board comment before I read this. I have a SEQRA resolution here I am advised there is SEQRA and a few other projects. I would like to read this SEQRA resolution. I will take any Board comments first. TRUSTEE POLIWODA: Well after hearing all comments it looks as though there is great concern about bnild'mg on the bay, through the Bay Keepers studies, through the PEP as well as the CAC fi:om the Town. I guess I side with them on this issue. TRUSTEE KRUPSKI: Resolved by the Board of Trustees of the Town of Sunthold that the application of Steven Kram more fully described it the Public Hearing Section number Thirteen of the Trustee agenda dated Wednesday, March 20, 2002 pursuant to the SEQRA rules and regulations declares an unlisted action and be it further resolved the applicant is required to submit a long environmental assessment form. Be it further resolved that upon recmpt of the long environmental assessment form the Clerk of the Trustees is h~reby directed to commence a coordinator review pursuant to SEQRA. SEQRA is the State Environmental Quality Review Act, it is a State Act and is going to require the applicant to complete a long environmental assessment form and it is going to require that our board coordinate this activity with any other relevant jurisdictions [n the State, DEC and Army Corp of Engineers. I think that would be it in this case. I don't think the Department of State would be involved. JIM FITZGE 'RALD: Al, doesn't that require a determination of positive or negative declaration? TRUSTEE KRUPSKI: Not yet. I th'ink that would come afterwards. I think we have to get all the information together first we have to review the long environmental assessment form. NEIGHBOR: Did you say you are not going to vote again on this tomght? TRUSTEE KRUPSKI: We can't vote on this tonight we have to coord'mate with the State NEIGHBOR: I thought the State recommended against it. TRUSTEE KRUPSKI: Well not in writing. NEIGHBOR: In other words you are going to table this again? SCOTT ItlLARY: I think he is getting us confused with the State. NEIGHBOR:: I am, I am sorry TRUSTEE KRUPSKI: No this is the Town's Conservation Advisory Council we have, to coordinate with the State to see what interest they have on this. They would have to approve anything here also. So it has to be coord'mated. The applicant has to fill out a long envirommental assessment form for the Town. NEIGHBOR: Can you tell me when this will be on the agenda again? TRUSTEE KRUPSKI: There is a time limit I think thirty days after we have made this. assessment. So it carmot be put on before thirty days. If you wish to be notified call the office tomorrow and when this comes on the agenda ag~m you will be notified that it will be on the agenda. NEIGHBOR: I can't understand your reluctance, you gave every indication that you wanted to disapprove this and yet it is more or less the same affect as-~I can't understand your reluctance to this. 18 TRUSTEE KRUPSKI: Because if there is a law in place we have to follow that. TRUSTEE KING: There are certain procedures we have to follow we have no choice. TRUSTEE KRUPSKI: You know we just cannot go out and say we don't like it because that would lead to saying we don't like the applicant or we don't like the agent or anybody else we have to follow what is set up for us to follow. We have to follow what is written in the code and in this case the state law. NEIGItBOR: Well the Town was so strong on Angel Shore Development being able to put in docks out and make sure it is put into covenant law and it's a possibility now that a piece of property in between this pristine beach is going to be able to pat a dock out and Angel Shores would be denied it because the Town imposed this. TRUSTEE KRUPSKI: Maybe you are getting the wrong impression this is not advancing the cause of the applicant. This is making him comply with the law. This is not saying he has an advantage here I am sure the applicant see it quite differc~ntly. JIM FITZGERALD: The deed for the Kram property does not have any cox~emmts or restrictions with regard to construction of the dock un his front lawn. NEIGHBOR That is understood but being neighbors we would have denied it if we ever wanted it fight? The Town makes sure we can never do that and it's a thought now that you might put one smack in the middle of the beach TRUSTEE KRUPSKI: Well it was not our thought it was the applicant's NEIGHBOR: Okay I just hope the Town does mm it down when it does come back:again. . TRUSTEE KRUPSKI. Just one brief comment. Yes madam. If you have to come up to the mike. IV}RS. WORTH;: I don't know whether (can_not understand) I am Mrs. Worth. W~ are the only people present here tonight that have waterfront property next to tim Kram's. All my other neighbors are out of town. So if the Choice's could put up their dock and the Krams could put up theirs and the Wertz could put one upthe Deengie's could put one up and so could the Stanks, We would have a dock every fifty feet. I could have two; I have two lots. I think that this matter -- doesn't affect the environment is ridiculous. I swim there ever day in the summer [ could swim right in to the docks. Further more it would be an eyesore if evcn-y one of ns put a dock out into the water on the bay. I think if yon could give us the name of the person in New York State that we could write to and express this opinion. TRUSTEE KRUPSKI: Thank you that's a good point. Just one comment to address what the applicant had said earlier about us permitting docks in the creek. Lately, by lately I mean the last two or three years the docks m the creeks have consisted of catwalks from the upland over the marsh to reach the water and usually a set of stairs at the waters edge. So if we were going to be consistemt with that policy the dock would go from the beach through the inter tidal area and end right at the water at low water mark (change tape) 19 JIM FITZGERALD: It's a not in my backyard k'md of thing in my humble opinion. TRUSTEE KRUPSKI: We are going to do the complete environmental review and we are going to consider safety in navigation as is addressed in the code and were are not going to omit anything that was mentioned tonight sir. SCOTT ltlLARY: A1 could you as well reference aesthetics if that is in the code? TRUSTEE KRUPSKI: If it is in the code we will reference aesthetics. TRUSTEE POLIVqODA: I think the magic word here would be cumulative impact; it is not so much one dock but the cumulative impact JIM FITZGERALD: You keep saying that kind of thingdoes that mean we will never build another dock? MRS. WORTH: Yes on the Bay it is a private community JIM FITZGERALD: Why is that? Suppose I had the information to bring in here ali the other people who don't live in Angel Shores that have property on the Bay. TRUSTEE KRUPSKI: This is not being productive you will have to continue this outside. NEIGHBOR: I would like to say one more th'rog you building a dock fifty seven feet is that correct from the high-water mark. I am quoting from what it says here on the paper. Well low tide the other day fifty-seven feet this dock is totally out of the water. What is the purpose of the dock? JIM MTZGERALD: Is that a serious question? NEIGHBOR; Yes it is a serious question. Is it to moor a boat? JIM FITZGERALD: The purpose of the dock is to provide access to the water for a water vehicle that cannot be or should not be pulled up on the beach. NEIGHBOR: Well fifty-seven foot dock is not high enough. TRUSTEE KRUPSKI: Thank you we are going to continue. So you are clear on that the environmental assessment form has to be completed. JIM FITZGERALD: One thing I am not clear about the thirty day what is that cooling offperiod or what ever is that to give the applicant time to prepare it because we do not need that much time. TRUSTEE KRUPSKI: No that is to give other agencies time to comment. The State and the Army Corp and any other regulatory time to comment. After that they can't really comment. KEVIN MCALLISTER: Excuse me Al, one question on that. You indicated the SEQRA process would be proceeding shortly. Is there a confirmative date on that? TRUSTEE KRUPSKI: We are going to work on that, we should have an answer tomorrow. We want to move it along, once SEQRA starts it has a timetable. Do I have a motion? TRUSTEE KING; I will make a motion to start the SEQRA process. TRUSTEE DICKERSON: Seconded TRUSTEE KRUPSKI: All in favor ALL AYES 2O 14. SUSAN E. LONG PERMITS on the behalf of SEAN FAHEY request Wetland Permit to install 3' X 16' ramp, 6' X 20' float with two 2-pile dolphins, to secure float on existing 4' X 70' seasonal dock. Located: 1415 North Parrish Drive, Southold, NY SCTM# 71-1-14 TRUSTEE KRUPSKI: Any one llke to speak in favor of or against the application? This ~s going to be similar to the last application in that we are going to conduct a SEQRA review on this dock as it is into the Bay. We inspected the dock in the field last week, last Wednesday as a Board, and I will read the SEQRA resolution. Resolved by the Board of Trustees of the Town of Southold for the application of Sean PatrickFahey more fully described in the Public Hearing section number fourteen office Trustees agenda dated Wednesday March 20t~ 2002. Pursuant to the SEQRA roles and regulations as declared as an unlisted action be it further resolved that the applicant is required to submit a long enviromnental assessment form. Be it further resolved that upon recmpt of the long environmental assessment form the Clerk of the Trustees is hereby directed to commence a coordinator review pursum~t to SEQRA. This is consistent with the last application. Is there a motion? TRUSTEE DICKERSON: Seconded TRUSTEE KR_UPSK[: All in favor. ALL AYES TRUSTEE KRUPsKI: Was there any comments on that application? Then we will move on. 15. SUSAN E. LONG PERMITS on behalf of HERBERT A. STREICItER request a Wetlands Permit to re-sheath landward side of bulkhead, install 4' X 5' platform, 3' X 12' ramp, 6' X 12' float, lower 20' bulkhead by approximately 2' to create a 6' X 20' catwalk and 3' X 6' access steps on landward side of bulkhead, construct 8' X 12' utility shed and timber deck over existing slate patio. Located: 600 Snug Harbor Road, Greenpor~, NY SCTM# 35-5-35 TRUSTEE KRUPSKI: Is there anyone would like to speak in favor of or against the application? CAC recommends approval of a portion of it and disapproval of the catwalk on the landward side of the bulkhead and recommends a non-turf buffer the length of the bulkhead. Board comment on this? Apparently they approve everything but the catwalk on the landward side of the bulkhead. Could you clarify that Scott? SCOTT ItlLARY: I think there was a proposed catwalk or walkway a harden structure to be parallel to the bulkhead so we recommended disapproval of that part because that is adding a harden structure which would increase the runoffwe recommend a non-turf buffer be placed within the whole distance of the bulkhead. TRUSTEE KRUPSKI: I don't think we saw it that way, I think we saw it as you can see there is a consistent non turf buffer going south. That we have imposed. over the years and they are finally linking up. It is gravel you can see it there. The neighbor has a sunken in thing and a non-tuffbuffer is certainly something we would like to see continued to be consistently with all the neighbors coming from the south there. But the catwalk we would recommend it would be pervious to that. It would not aggravate the situation. It would be like a non-turf buffer. If there is no comment I will make a Motion to close the hearing. 21 TRUSTEE KING: So moved TRUSTEE POLIWODA: Second TRUSTEE KRUPSKI: All in favor. ALL AYES TRUSTEE POLIVCODA: I will make a Motion to Approve the Wetland Permit on behalf of Herbert A. Streicher to re-sheath landward side of bulkhead and install 4'X 5" platform, 3'X 12' ramp, 6'X 20" float lower 20' bulkhead by approximately 2' to create 6' X 20' catwalk with sheathing with an inch spacing to allow drainage and a 3' X 6' access steps on landward side of bulkhead and construct a 8' X 12' utility shed and timber deck over existing slate patio located 600 Snug Harbor Road, Greenport NY and with the stipulation that those pilings to the north be inward. TRUSTEE KRUPSKI: What about the buffer? TRUSTEE POLIWODA: As well as a ten-foot non-turf buffer the entire l~ngth of the buffer. TRUSTEE KING: Second TRUSTEE KRUPSKI: All I favor. ALL AYES 16. LOVE LANE ACQUISITION CORPORATION, request a Wetland Permit to remove existing peninsula and rebuild bulkheads and travel lift slip. Located: First & Main Street, New Suffolk, NY SCTM# 117-8-18 TRUSTEE KRUPSKI: Anyone here like to comment on this application? JOSEPH FENTON: My name is Joseph Fenton I live in New Suffolk and I have F~ved within a mile or so of this site all of my life. I will be seventy-seven next week. I represented the community about twenty years ago when there was an attempt to rezone this particular site for condominiums. That was eventually abandoned and the subsequent owner, under the name Marine Bay Associates made~ an application to do some work there and it was very similar to what the Raynor's are asking for now. We got into a dialogue with them at the time. We pointed out that since we have prevented cundomimums to Come in the back door by having boats that would be used by their owners at the site to live on. They agreed and Henry Raynor sent me a letter in some language that they had agreed upon with the committee that we had formed. That as a condition of the approval of the site plan with Marina Bay Club of the Town of Southold. They agreed that at no time would there be erected on the premises a structure that would be used for residential purposes and none of the boats moored or docked at the premises. Shall be used for residential purposes i.e. sleeping aboard overnight except that transient users of boat slips may stay on their boats overnight provided there use is occasional and not regular and that the covenant is created for the benefit of the ToWn of Southold and all present and future residents of the hamlet of New Suffolk as long as they remain residents. I would like to give you a copy. I ttfmk it is pertinent because that is the feeling of if you did not condominiums and if the community voted 168 to 10 to fight that condom'mium. That we don't want it to happen in another way. We wanted to talk about the underwater grant or grants with respect to the site. Because that is where a lot of this is going m done. There were two grants as i underhand it there was a grant f~om the State of New York and a grant from the Town of Southold and at a work session a week or so ago 22 Henry Raynor said that they were going to stay within the grant lines. That may be a little disingenuous because the grant required certain work to be done within a two year period and so there is a question what happen to portion of the grant that was not appropriated to the intent which was for commercml purposes. Because the State wanted to be able to bring in boats to be able to bring in passengers to bring in coal, lumber take out passengers take out potatoes, oysters, fish what have you. And that was the concept of the commercial use and the grant states vc~y clearly it is for commercial purposes and for commercial purposes only. The subsequent happenings ofboatyard use, which is what the people of New Suffolk people, want to continue and we have had no quarrel with that but the extent of that brings into question what did tho owners of the property get? Did they get the e~tire State grant or did they get the portion that was appropriated to use? And there is a big difference because if you looked at what was done Steamboat Wharf and whatever else was done there. They did not use the entire grant and hi not using the entire grant can they use it now? And that is a question that the people are going to have to tussle With and if you don't. The Planning Board will have to tussle with it, but we are just raising question. That these grants were not utilized completely so that they probably reverted to the State. That's an issue that we are puffing out. The next question and it dealing particularly With this request. This request for a permit the rocks that were originally Steamboat Wharf or supported Steamboat Wharf are still there and that area has been used in an uninterrupted way for the: last seventy odd years that I know about and probably for the entire one hundred arid fifty years by people who lived'in New Suffolk and went ~shing there. I suspect that Henry Raynor did it When he was a child as well I did. My father used to ~eep a boat in the Goldsmith and Tuthill shipyard and when he worked on the boat he would park me on the~rocks and I would fish for blow fish. I hooked myself on fishing. That uninterrupted use has created an easemcmt a public easement, which permits everybody to go on those rocks and go fishing. This plan with the building that is going to he built and the possible attempt by the owners to close Main Street at the site raises a question that they will be interfering with the easement that was created for the benefit of the public and that's something that you people have to study. I don't think anybody in New Suffolk wants to crucify the Raynors for wanting to do this boat job thing and. to do what they can do to help them make a go of it. At the same time the public has some rights here. The State has some rights and the Town of Southold has some rights and they have to be looked at and looked at very carefully. Thank you oh one other thing. This site is under water a lot from time to time as you probably know. I would like to Submit a picture taken showing the site when it was under water. TRUSTEE KRUPSKI: Thank you Comments? ItENRY RAYNOR: Good evening, Do you have any comments to Mr. Fenton My question we came down tonight because I know the Board inspected the property and I would like to field any questions first fi:om the Board members if there are any in regard to this inspection. If you don't have any specific questions. 23 TRUSTEE KRUPSKI: We have a lot of specific questions but we would like to hear what you have first. HENRY RAYNOR: Obviously we are in favor of constructing a marina and not anywhere in the intensity of the prior applications and in no way is it sirdlar to Marina Bay Club in its intensity both with regard to the restaurant and the docking facility itself. I received a letter the other day from the Suffolk Civic Association curtsey of a Mr. Samuels and I thank you for sending me a copy at least I have some feeling as to what the majority of the people have in question and if that is where the Board would like me to go tonight I would be happy to go there first. The italicized how would this pr0ject affect conditions in navigable waters in the vicinity and plus tlm question was raised about littoral drift. Obviously the littoral drift the we are getting in New Suffolk is being taken care of in line by the Town of Southold as it dredges the existing launching ramp at the foot of Jackson and First. The letter further goes on and states about the erosion at the end of Orchard Street and over at the end of Old Harbor Road. If we,ever had a structure in New Suffolk on the beach it has the inference that it would not have littoral drift problems and erosion in those areas. Perhaps a solution to that problem is that dredge materials coming out of First and Jackson Street be reapplied over on the other side of Orchard Street. As it runs between there and Schoolhouse Creek and north of Schoolhouse Creek in front of the Yacht Club. The. construction of Schoolhouse Creek itself probably in over the y~ars has had some detrimental affects with regard to the no~ Side. I would like the Board to be aware historically, and I brought some pictures for perusal. This was an original map along with cop~es of New Suffolk andunfortUnately it is not dated. The land owners in question Tom Muskin great grandf, ather of Ginnie Wickham? So that's how far back this map goes. I would like the Board to see that A - on the Southeast comer of New Suffolk as it approaches from Peconic Bay to Cutchogue Harbor you will notice the natural curvature of the beach there. Subsequent to that I guess the Raydell Oyster Company had pm in jetties along there and along with that the rocks t6 retain the beginning of their space. I would also like the Board to note that as old as this is it shows on it very clearly the Tuth]ll dock and the fact that within the grant line it was used for commercial purposes. This is a picture ~aken approximately 1912 which is standing out on the peninsula within the grant line. It depicts the coal bins that Mr. Fenton had referred to; lumber was carded in and out of there. It has been an ongoing commerce pon as well as a boalyard for well over a hundred years. My grandfather had steam tugboats in there my father hauled ~s charter boats in there I ran that yard for several years and now my son is fourth geheration there. It is not that we are exactly coming in from out of the blue. This is a view of the boat yard taken from north to south this was taken from approximately the~foot of Orchard and First Street that too was taken somewhere between 1910 and 1920. If the Board has the opportunity to review that you will see that there are many:bulkhead, there are many reveunents and that's what held the beach there. Also if you would view that you would see the many buildings on the property, post office, several of storage, machine shops, the dock that's going out it is interesting to note that this was a shot from 1937 This is the intersection of Orchard Street please note that is a concrete barrier that was created there for scallop shacks. When this was put in by Harry Tuthill. If you notice 24 how far out the beach goes at the foot of Old Harbor Road when I was a kid that building was still there today it is like that. This is a photo that is used in many calendars of the 1940's of the property. TRUSTEE KRUPSKI: I am sorry wait a second where is that wall today? That road is there. ltENRY RAYNOR:- That road is there it is a driveway now that goes to a private residence. That was for calendar that Braun Oyster put out for a number of years. Shot in the 40's showing yard in operation. Again showing the major part of the underwater grant as being utilized for commercial purposes i.e. boatyard. These two were pictures taken approximately in the early 50's. This is the south one showing utilization it was taken fi:om out on the peninsula again within the grant line. If the Board would like to retain them and look at them tonight they are more than welcomed. TRUSTEE KRUPSKI: I have a couple questions on these pictures. Now we were out there Wednesday and we drove out and I can see the post office here the travel lift is fight here? ltENRY RAYNOR; Correct TRUSTEE KRUPSKI: So this is almost gone? HENRY RAYNOR; That is correct. T~RUSTEE KRUPSKI: Any comments on this? HENRY RAYNOR: I just want the Board to be aware of that the history is contiguous from at least the time I am aware of. There was a question raised with regard to the Association's letter with regard to the possibility of contamination on the property. I recognize, we all do it has been a boatyard for one hundred and fifty years but the question of contamination is a kind of like the proverbial question when did quit beating your wife. If we find contamination on the property we will do what ever is necessary to remedied anything with regard to the operation and we would fully expect the laws of the Board to be diligent in its pursuit. There was a question raised in regard to building closer than the seventy five foot requirement and that b~ing the yard office building is proposed on site. That is put there specifically because of its efficiency to the operation number one and number two it is pulled further back than any existing structure that is on the site and number three it is even a~s located behind the bulkhead section of waterfront. One of the chief issues that really has not been discussed tonight but it is in Mr. Samuel's letter and it is one that we take great concern about. It is really demonstrated by some of the photographs that you see and that is the potential disruption and concern about extending any structure further into the Bay. Part of our application is for the removal of the peninsula that in itself as you can see you have been on site the last week has deteriorated to a considerable degree. The removal of that would do two things number one if there is any large amount of littoral flow it would open it up so that it would not be an obstruction. Number two it would create additional bay bottom and that in of itself is kind of a rarity it is a unique parcel that is able to do something of ~his nature. We take very seriously these questions concerning littoral drift and all the ~ast month we have been discussing with a Canadian firm the utilization of revetment ockage as opposed to any structural bulkhead being done out into Peconic Bay. The system that we have has been used in some of the national parks and national 25 seashore system in one such lias just recently installed in Brooklyn at Gateway Marina in the vicinity of about seven hundred slips. I have some materials on that and I think the Board should be well aware of it. The system itself has nothing with the exception of existing steel pilings some of which might be epoxy coated that protrude into the bay bottom. They have a harden bottom I can give you an analogy to is an iceberg the walkway and its floats are literally a foot and a half up but we have four to five feet in the water submerged. Those revetments act towards stopping wave action yet utilized the back part of the marine facility and allows stability. I have some extra copies of these. This is what we would propose to utilize in New Suffolk. TRUSTEE KRIJPSKI: On what portion? ItE~BY RAYI~IOR; We would do the entire perimeter of the property because it is the least 0bl~'usive of any kind of eco system. I do not know if you have seen this system before I do not know if you have seen how it works we went to Brooklyn last week go watch and open marina which comes fi:om Sandy Hook across up into the bays and this is being installed right now on Federal property. , TRUSTEE KRUPSKI: This is similar to a system tried out here by Budd s Pond it was a series it wasnot as Sturdy. It was a series of plywood dock. I~E¢,IR¥ R~YNOI~: :I could not answer it is very new to me. This is Mike's thing. We looked at it as ~ way to mitigate a lot of the problems of constructions and but4~eads we put down two percent compared to what we would have to do to build a called a wave current. that it was a series of plywood baffles and went accomplish e to the audience what you are wewmg? What it is, is a floating dock that has depth to it that would )n the open bay and yet not extend into the bottom all the way to the bottom ~o it would not act completely like a groin What is the depth distance between the piling? Twenty feet how would you match this up with on the south side l~esumably you would have along side of your travel lift you would dredge to a 7~irtain d~?~ that you would want? iKE 'R~¥N.'OR; Correct TRUS~TEE 'KRI, IPsKI: Inside the basin you would dredge to a certain depth but to match it up on the north side how would you accomplish all that or would you leave that current. HENRY RAYNOR; We would not want to disturb the habitat that is there. TIIUSTEE KRUPSKI: So you would leave that breakwater? tII~.NRy RAYNOR; Right and we would just floaters on the interior we would use flt)aters on the interior of the break wails. i~IIKE RAYNOR; Then the rock that goes from the peninsula would be then transport over to that side to that side to so that we could keep more habitat on the praperty. TRUSTEE KR1JPS.I~: You want to swing that rock out to the east ltENRY RAYNOR, No we would not change what is thee, 26 TRUSTEE KRUPSKI: This is a just real specific question. MIKE RAYNOR: Just the rock that comes out here. We move that rock and this rock and place it along here. TRUSTEE POLIXVODA; Do you have any idea what the depth is? MIKE RAYNOR; Between four and six feet TRUSTEE POLIWODA: . What depth are you looking for out? MIKE RAYNOR; Both along side the travel lift we want seven feet.- ........... HENRY RAY1NOR; You need six to make them work MIKE RAYtNOR; Along side the travel lift I don't know ifI can use the wave revetment all the way to there because of Robins Island where they put that bulkhead in I might be able to get away with going straight forward depend'mg on the (cannot understand) because right there and take a little off it. I still need six feet there for the travel lift. TRUSTEE KRUPsKI:' Is that where you show new pier? On the south side of the travel lift. Yes The zoning of the property is MI or M27 M2 : We are going to get just for general information a op~ori fi:om the Town Attorney on the grant and the deed and ail that. it~NR'Y ~ ~RAY~IOR: That is fine that is why we have provided th~ Board with a cop3~:ofit. We have had our own private opinion done and we don t have a p,r.~b~lem With anybody ~oing that. TRUS~E.E~,KRuPSKI: Is there any other comment while the heating is open? jOAN ~ROBi1NS:- ~.Ti live in New Suffolk and have for forty-seven years. I want to comm~d~'~*the Rayaors for their considerable efforts to find a way to mitigate some of ibc problbms'- "~ that we have been anticipating but Mr. Raynor did say the enllre perimeter and that brings me back to Mr. Fenton's question, The grants, wtfichithe 1838 grants do you, have a copy? It is very clear that if any part of the designated underwater space is not used for the commercial purposes at least at th~ time:that part would revert to the State. TRUSTEE KRUPsI~: Mr. Raynor you would not happen to have the States opinion by ap~y chance. I-I~INRY ~'~OR: I do not have it with me tonight. Counsel has gotten an op~ma~i~ ~om ~e State. The grant line he tells me is specifically spelled out. Olice there was an act of legislature and was given to the property owners as a fight and they utilized that right it is in effect. Again that rtms contrary to what you have heard tonight but that is what we get fi:om counsel. I don't want to deal in .semantics and interpretation who did what in 1830. TRUSTEE KRUPSKI: No Tape ~hange TRUSTEE KRUPSKI: Any other questions? I have been advised to do SEQRA review on this like we have with the other docks. 27 KEVIN MCALLISTER:< May I make a brief comment on this? Again it strikes me as the significance of this project and I certainly would encourage the Board as you just indicated that a full SEQRA review. TRUSTEE KRUPSKI: This is going to need Planning Board review in Town HENRY RAYNOR: This will need Planning Board, DEC, Army Corp. needs all nine yards.. TRUSTEEE KRUPSKI: SEQRA would coordinate that review and hopefully if we do any other site inspections we could try to coordinate that with the DEC. HENRY RAYNOR: We have had one meeting already and have another scheduled. TRUSTEE KRUPSKI: If you like let us know sometimes it is easier to have us all on the same ItENRY RAYNOR; So far these have been up in the DEC office. We are doing exactly with them what we are doing with you we are looking for input and we are try/ag to do this the right way, we are trying to be careful, we are tryin~ to be diligent. He is going to be there a lot longer than I am going to be around. $OSEPI~ FENTON," Excuse me, Patrick Callahan and: I went up to Albany in 1983 when this thing first broke and we visited with the New York State engineers. Who got out the original drawings with respect to the grant and we raised the issue of that opinion and he said that that should be referred to the NY State A*mmey Generals office, Whether they then did that or not because the project fizzled at that point and that did no become an issue. I would urge that even though the Marine Bay Club application is at variance with this application the Trustees take advantage of the filing and incorporate the data in their by referende because there is a lot of material in there that would be helpful to you. TRUSTEE KRUPSKI: Thank you. That file would be on record in the Planning Board off'tee. HENRY RAYNOR; I believe Mr. Patrick's question on closing Main Street. We have no conception of closing Main Street JOSEPIt FENTON: How about the use of the slips for overnight sleep in? Is that something we c,.a~ ItENR¥ RAYNOR,: That has not even been an issue that we discussed. We are lookin~ for seasonal dockage. We will take your boat and dock it. JOSEPH ~NTON; No the community does not want to have motel use. Se the sort of commitment that was made by Marine Bay is something you would be willing to do as well? HENRY RA,YNOR: No we are not Marina Bay Club and we will do what ever the law tells us I mean there are all kinds of reguiations on the books concern'rog living on boats. TRUSTEE KRUPSKI: We have a houseboat law per code HENRY RA.YNOR; Yes it is not there it is not available. I do not even know why it is a question honestly. NEIGHBOR; I just had one question, it was mentioned that this chandlery building was at the foot of Main Street. My concern was that is was not seventy five feet back ficom high-water and you said in fact that it is further back than 28 existing build'rags and in fact it is behind bulk head'rog but it is not beh'md existing bulk heading it would be behind bulk heading you would construct? HENRY RAYNOR: Right now it is beh'md existing travel lift which is bulk headed and the other references to the restaurant that preexists on the property as well as (cannot tmderstand)-which is way forward NEIGHBOR;: So this building in reference to the flagpole would be where? Is it seventy-five feet back from the high water mark? HENRY RAYNOR; No TRUSTEE KRUPSKI: We will be out on the site and we will have more requests of you to stake things out what not. We were out there Wednesday and you had those buoys there to mark the comers, which gave us a good reference point Resolved by the Board of Trustees of the Town of Southold that the application of Love Lane Acquisition Corp. more fully describe in the Public Hearing sectiorr number 16 of the Tras~ees agenda dated Wednesday, March 20, 2002. Pursuant to the SEQRA rules and regulations is declared an unlisted action and be it further resolved that the applicant is required to submit a long environmental assessment form and be it further resolved that upon receipt of the long envirommental assessment form the Clerk of the Trustees is hereby directed [o commence a coordinator review pursuant to SEQRA. TRUSTEE POLIWODA: So moved TRUSTEE KRUPSKI: All in favor. ALL AYES HENRY RAY'NOR: Do you incorporate into your standard resolutions that you are going to be become the lead agency? TRUSTEE KR ;IYPSKI: We have not detenffmed that. The issues that the Plamfing Board are going to look at really are going to be different to our issues, They are gmng.to look at traffic and parking We are going to look at sand flow and boat use and navigation. So they are going to be pretty much different issues so we are going to try to figure out how can have. We do not want to miss anything and on the other hand we do we don not want to cover the same ground aga'm. HENRY RAYNOR; Thank you very much SCOTT ItlLARY: CAC concurs with everyth'mg that was said. We request an environmental assessment. 17. ENVIRONMENTAL, INC. on behalf of ALAN GOODMAN request a Wetland Permit to replace existing concrete patio with wooden deck. Located: 1555 Bayview Avenue, Southold SCTM# 52-5-11.10 TRUSTEE KRUPSKI: Would anyone like to speak in favor of or against the application? CAC recommended approval on this~ TRUSTEE POLIWODA; This is a replacing concrete with wood and buffer or anyth'mg? Motion to close the hearing. TRUSTEE KING: Seconded. TRUSTEE KRUPSKI: All in favor ALL AYES 29 TRUSTEE POLIV/ODA:I make a motion to approve the wetlands permit on the behalf of Alan Goodman to replace the existing concrete patio with wooden deck located 1555 Bayview Avenue Southold TRUSTEE DICKERSON: Second TRUSTEE KRUPSKI; All in favor. ALL AYES 18. BOUDNIK & ASSOCIATES, INC, on behalf of MARION T.JONES request a Wetlands permit to remodel cottage by adding a bedroom and bath upstairs no work outside of existing footprint, no excavation. Located: 360 Ruch Lane, Southold SCTM# 52-2-21.1 TRUSTEE POLIWODA: Would anyone like to comment? ERICBOUDNIK: I am the architect if you have any questions I would be glad to answer. TRUSTEE POLIWODA: Can I see the file, I have a question on the survey you are showing sixty foot what is that? ERIC BOUDNIK: (Inaudible) TRUSTEE POLIVgODA: No cleating of this aqua vegetation E~C BOUD1K: absolutely not any of the crops will be touched only the dolirters on the second floor Inaudible) TRUSTEE POLIVfODA: Any other comments? Board? CAC? SCOWT HILARY: CAC recommends approval, with condition that hay bales be plac}cd during construction. TRErSTEE POLIV~ODA: All right I make a motion to close the heating TRUSTEE DICKERSON: Second TRI~STEE POLIWODA: Ail in favor. ALL AYES TRI~STEE POLIWODA: I make a Motion to Approve the Wetland Permit on behalf Of MARION T. JONES to remodel cottage by adding a bedroom and upstairs no work outside of the existing footprint, no excavation located 360 Ruch Land Southold. If there is no excavation do you still want hay bales? SCOTT H!LARY: I did not see this one it was just a recommendation. TRUSTEE DiCKERSON: Second TRUSTEE POLIWODA: All in favor. ALL AYES 19. COSTELLO MARINE CONTRACTING CORP. on behalf of MARION WILLIAMS request Wetland Permit for construction of 100 ft. new bulkhead (w/C-Loc Vinyl Sheathing) immediately in front of existing bulkhead. Located: 1605 Shore Drive, Greenport, NY SCTM# 47-2-31 TRUSTEE KRUSPKI: Any one like to speak on behalf of the applicant? JOHN COSTELLO: My name if John Costello I am the agent for Mrs. Williams on this application and I am going to state that the two contiguous properties to this were granted permits recently by this Board under the same conditions and the third neighbor who is Monique Morris to the east was also granted and we put the job off so hopefully that we could do thmu all at one time and cause as minimum damage to the properties that have one access through to the jobs. We will remove excavate then remove the existing pilings from the front 30 so that we are only intruding out into the bay ten inches and we will use vinyl sheathing in lien of the combination of ereosol and CCA treatment that they have there now. You can also see that there is eight batter piling where the bulkhead is failing and they will be removed and not replaced, They are not going back in so the intrusion by those pihngs will be removed. The other thing is we will be backfilling with clean sand to a major degree and hopefully of all those bulkhead originally had their roof runoffbecause of the clay going through the bulkhead. Which will be eliminated so that they have a clean sand on the back relieving some of the pressure on the bulkhead and relieving some of the contaminants from that drain in the waterways and there will be drywells installed not only on this property but on all the properties there to relieve some of the roof run-off going through the lawn and then over. Any questions the Board has I will tryto answer them. TRUSTEE KRUPSKI: Do you have to pm weep holes in that because of the hydraulic pressure? JOltN COSTELLO: Not is you put sand I don't believe you are going to need it, none of the sheathing is water tight there will be a degree of water seep through all the sheathing even thought it is interlocking. It will still work through. Particularly if you can percolate it down low enough you will hit sand instead of clay. TRUSTEE DICKERSON: CAC had a concern about the negative cumulative effects of building within eighteen inches into the public domain. SCOTT ItlLARY: We recommend approval but just want it for the record as Mr. Costello just stated that we do have concerns about the negative cumulative impact of many structures not just this structure going seaward into public domain and you said you are ugAng to achieve only ten inches mm/mum. JOHN COSTELLO: We are trying to minimize it and the other thing is and everyone should be aware that any of the bulkheads and tiffs Board is may understand me a couple of agents applications but any of the materials that has cresol in it does have some contamination in the soil behind it. It is polycripfic aromatic hydrocarbons that leech out from the cresol material. It is in the soil and you should not try let that materials go out into the Bay. lfyun can possibly help it. I know that you have given me permits saying I can go within a few inches of the bulkhead and on occasion the DEC has made me take the bulkheads out and there is no way to retain that material I mean tide rises, unfortunately, it does rain. I think that is just where there is cresol materials. TRUSTEE POLIWODA: I personally looked at this and think you have answered my questions. This property itself has a bow in and you mentioned something about excavating? JOHN COSTELLO: We are going to have to excavate to relieve that because the backing system the tie rods go back into just locust posts that was built probably about 1958-60, and the locust posts have a degree of dry rot into the top of thmn because of fresh water contamination and that's is the real-problem with that. 31 TRUSTEE POLIWODA: I did not realize that you were doing both the jobs on the east side because right now it is pretty much a perfect line except for this bows om JOHN COSTELLO: They are all failing because of dry rot getting into the cresol just to try age alone.. TRUSTEE POLIWODA: So looking up and down the line you will be approximately with in a foot? JOHN COSTELLO: No we are going to pull that back. That bow will be pulled back along the entire structure for all four properties. It will look like we knew what were doing. TRUSTEE KRUPSKI: Recommend a ten-foot non-turf buffer JOHN COSTELLO: I tlfmk you recommended it on all of them. TRUSTEE.KRUPSKI: Just to be consistent. Any questions? TRUSTEE DICKERSON: I make a motion to close the hearing. TRUSTEE POLIVqODA: I seconded TRUSTEEKRUPSKI: All in favor. ALL AYES TRUSTEE~DICKERSON: I will make a Motion to Approve the request for Wetland Permit for construction of 100-foot bulkhead immediately in front of existing bulkhead located 1605 Shore Drive, Greenport with the stipulation that there b'e ~ ten foot non disturbed buffer. TRUSTEEPO~ODA: Seconded that TRUSTgE.PO~Iv~ODA: All in favor. ALL AYES 20. CHARLES M. TEIOMAS, Architect on behalf of TIM HOLLOWELLrequest a Wetland Permit for one stow addition, approximately 68 sq. feet . Located: Smith Drive South Southold, NY SCTM~ 76-3-11.1 TRUSTEE KING: Any comments on this application? CHARLES THOMAS: Architect for the applicant I have the affidavits in mailing and posting. I staked it on the eight TRUSTEE KRUPSKI: CAC did not look at it. SCOTT HILARY: Yes we did but it was not staked and we tabled it. TRUSTEE POLIWODA: We will be requesting a fifty-foot no disturbance buffer on the wetland. TRUSTEE KRUPSKI: Do I have a motion to close the hearing? TRUSTEE KING: I make a motion to close the hearing. TRUSTEE D[CKERSON: Second TRUSTEE KRUPSKI: All in favor. ALL AYES TRusTEE POLIWODA: I make a motion to approve the Wetland Permit on behalf of TIM HOLLOWELL for one story addition appro:dmately 68 sq. ft. located Smith Drive South, Southold, NY TRUSTEE DICKERSON: Second TRUSTEE :KRUPSKI: All in favor. ALL AYES 32 21, CHARLES M. TltO1VIAS Architect on behalf of CARL & SUSAN AUSTIN request a Wetland Permit to construct a one story addition. Approximately 90 square feet interior renovation- renovation to faCade to improve appearance. Located: 3300 Peconic By Blvd. Laurel, NY SCTM#128-6-7 TRUSTEE KING: Anyone care to comment of this application? CtlARLES THOMAS: Architect for the applicant. I have the affidavit of mailings and posting. TRUSTEE KING: I looked at this application boy it is close to the neighbors isn't it. CHARLES THOMAS: Yes it is. TRUSTEE KING: Are there any other comments? cHARLES:THOMAS: I just in fan'ness I don't know if the Board has received a letter I received today correspondence fi:om a next door neighbor. In the letter they claimedthat they called me and asked for a set of plans. I keep pretty detailed phone records. It is addressed to the Town of Southold Board of Trustee Tiffs ks the only copy I have there is no phone number on it. I looked up their address end'was able to get their phone number. I called and left a message on their machine,so if I could get a copy of that it would be great. TRUSTEE ':KRUPSKI: I have the receipt the date of receipt of the same day March 7m listed in,paragraph three tiffs left the impression that public commem th th was only permitted on March 7 same day aS receipt the next day March 8 they called Town Hall and inquired why the notice was so short Town Hall advised them the Public Hearing regarcFmg this was scheduled for March 20th and that the public comment period began on March 7t~ and closed on March 20th since the survey of propert}r;attached to reference A only shows the ground level footprint of the proposed addition to the adjacent property and not what the proposed addition would, look like if built. Tows Hall recommended that I request the of the architect bat he provide me with a drawing of what the propose addition would look lilce, sO that any comment that I or any of the other owners would wish'to make:wotfld be based on that. I immediately placed a telephone call to Mr. Thomas arid lbft a message on his answering machine requesting to be provided a drawing and provided my name address and telephone number and FAX number as 6l'this date March 17th I have not received anytiffng from Mr. Thomas. Ad~tio~ially on March 8th I was notified by the other two owners of our property one!of the other owners left on a business trip out of the country on March 16th w411 not return until March 24th' In consideration of the above I hereby request that this matter not be dealt with on March 20tha and that it be delayed for a~period of at least one month so that we the owners of the adjacent property have adequate time to review that matter assuming that Mr. Thomas provides the requested drawing. In file comments the Board of Trustees if deem necessary please confirm to me in writing the new dates for public comment and dates the Trustees will act upon this matter Sincerely Susan G. Sander Gathersburg. This is generally all that we requ'~re. We are not really requh:ed we are not really concerned with the looks of tiffs. CHARLES THOMAS:-We are going to have issues now with the Zoning Board of Appeals and they will be able to voice their concerns. I would have given them 33 additional information. That letter was postmarked two days ago; that was the first correspondence I have received from them. TRUSTEE KRUPSKI: It is terribly close why is it on that side? MR. TItOMAS: Because of the kitchen addition TRUSTEE KRUPSKI: Any other comments? Motion to close the hearing. TRUSTEE DICKERSON: So moved TRUSTEE POLIWODA: Seconded TRUSTEE KRUPSKI: All in favor. ALL AYES CHARLES THOMAS: Unable to hear TRUSTEE KRUPSKI: What is the CAC comment on this? SCOTT ltlLARY: CAC had no comments tabled it because it was not staked. TRUSTEE POLIY~VODA: Make a Motion to Approve the Wetland Permit on behalf of Carl & Susan Austin to construct a one-story addition. Approximately 90 square feet interior renovation - renovation to facade to improve appearance located 3300 Pecordc Bay Blvd. Laurel TRUSTEE KING: Second TRUSTEE K2RUPSKI: All in favor. ALL AYES 22. SAMUEL & STEELMAN ARCHITECTS on behalf of JOHN & SUSAN BEDELL request a-Wetland Permit for two-story addition, new second floor deck with terrace below and interior and exterior renovations to an existing two-story house. Site work to include new gravel driveway and parking area. Located: 375 Wampum Way, Southold SCTM#87-2-37-38 TRUSTEE KRUPSKI: Would anyone like to speak in favor of the application? NANCY STEELMAN: Myname is Nancy Steelman I am here m answer any questions. TRUSTEE KRUPSKI: CAC have any comments? SCOTT }11! iARY: I felt that it was okay. Straight forward TRUSTEE KRUPSKI: We felt the same we were looking at drywell and gutters for the whole structure. We could not see it impacting any more than it already is. Any other comments? Do I have a motion to close the hearing? TRUSTEE KING; So moved TRUSTEE DICKERSON: Seconded TRUSTEE KRIUSPSKI: All in favor. ALL AYES TRUSTEE KRUPSKI: Do we have any field notes. I make a motion to Approve. TRUSTEE POLIV~ODA: Seconded TRUSTEE KRUPSKI: All in favor. ALL AYES 23, SAMUELS & STEELMAN Architects on behalf of DAVID & KATHLEEN KILBRIDE request a Wetland Permit to build exterior stairs from top ofbluffto beach. 34 Located: 9045 Nassau Point Road, Cutchogue, NY SCTM# 118-04-14.1 TRUSTEE KRUPSKI: Any one l'flce to comment on the application? CAC recommended approval. If thee is no other comment I will make a motion to close the hearing. TRUSTEE KING: So moved TRUSTEE I)ICKERSON: Second TRUSTEE KRUPSKI: All in favor. ALL AYES TRUSTEE KRUPSKI: I will make a motion to approve the application TRUSTEE POLIWODA: Second TRUSTEE KRUPSKI: All in favor. ALL AYES 24. SAMUELS AND STEELMAN Architects on behalf of TOM AND NANCY GLEASON request a Wetland Permit to construct exterior stairs from top of bluff to beach, lawn and limited clearing and grading back 16 feet from top of bank. Located: 5115 New Suffolk Road, New Suffolk, NY SCTM# 110-08-34 TRUSTEE POLIWODA: Anyone like to comment on this? TOM SAMUELS: Hello. myname is Tom Samuels I amthe agemt for the owner and just wanting to mention that I think I submitted a letter to the Board stating that in fact this also includes a house but the house is more than 100 feet back from the bluff therefore out of your jurisdiction. Therefore we wrote the application specific to the disturbed areas knowing that however you need to know that and want to know that and it seemed to us that it was the appropriate waym handle the application. It is a seventeen-acre parcel twelve acres are being held or rather there is an easement owned by the Peconic Land Trust. Five acres remain for devel0pment and approximately one acre is to be used specifically for this house and pool it is a fairly large house. Cleating was done there mostly to faciY~tate the bulkhead which was just completed, we are gomg to have to get a permit for Zthe ramp which has been backfilled. So there is consequently quite a bit of disturbance from the top of the new bulkhead to the underside of the exist'rog bank. so we applied to leave a buffer area back to some other disturbed part and than the house beyond that. TRUSTEE KRUPSKI: There is a cut that was made to access the bulkhead and revetment construction that's going to be replanted Is that on the bulkhead pcnrrfit because that does not show here all that shows is the sixteen foot top of bank and all that TOM SAMUELS: You mean a certain area that a certain area, we did not really since it was a totally separate matter we did not involve ourselves but yes it would be it is back filled now I believe and will be all planted out together with the whole bank will be planted out. TRUSTEE KRUPSKI: We assume the Gleason's want to protect their property but we just want TOM SAMUELS: No that will all be vegetated. The entire bluffis intended to be vegetated with whatever species you prefer but I think we know what they are pretty much beach grasses rose rugosa and that kind of stuff. If you like we can certainly 35 25. TRUSTEE KRUPSKI: That's just what I want something that is in writing. TRUSTEE DICKERSON: Where there trees removed in that section? TOM SAMUELS: There were trees removed TRUSTEE KRUPSKI: Please give us a replanting plan of that unless that is included in the file. SCOTT HILARY: We had a concern with the impact to the bluff and question that there was a violation. TRUSTEE KRUSPKI: We will close the public hearing TRUSTEE POLIWODA: I make a motion that we close the pubhc hearing TRUSTEE DICKERSON: I second TRUSTEE POLYWODA: All in favor. ALL AYES TRUSTEE KRUPSKI: Ken would you make a Motion incoprafing those concerus, TRUSTEE POLIV/ODA: I will make a motion to approve the Wetland Permit or/behalf of Tom and Nancy Gleason to construct exterior stairs from top of bluff to beach, lawn and I/mited cleating and grad'rog back 16 feet from top of the bank with ~che Stipulation that they provide some time of planting plan where the cut has been~made oi~ the bar~k and the whole top of the bank to be constant with their plan. TRUSTEE DICKERSON: Second TRUSTEE POLIXNODA: All in favor. ALL AYES LAND USE ECOLOGICAL SERVICES, INC. on behalf of DR. JOSEPH CASARONA request a Wetland Permit to stabilize/restore eroded bluff face by undertaking the following activifies approximately 700 +/- cubic yards of clean fill to be utilized to re-grade existing slope. All material to be tracked in from an approved off site location approximately 2,700 sq. ft. of bluff face to be augmented with 20 cubic yards ofT' thick layer of topsoil and then hydroseeded in accordance with plan specifications. Proposed to install a 4' X 85' timber access walk (total) with 4' X 6' timber platforms for access to beach area. Located: Glenn Court, Southold, NY SCTM# 83-01-01&36.1 CItARLES BOWMAN: Land Use Ecological Services Good evening I th'ink this and the next applicafion probably have to be discussed together so maybe I can give you just a little quick background. I th'ink the Board is aware of this when the house at North Bay properties was being constructed. There were some drainage problems there and what happened was storm water from the project site and from the run offwas put into a square or one drywell and the water just stood there and you see where il just ran down into the clay there which is very common and just blew out the front of the bluffon the North Bay properties piece and also on the Dr. Casarona's piece which adjoins the property to the east. There was some potential litigafion between the parties and we were called at that point to come up in conjunction with Joe Fischetti an engineer who was called to make sure the dra'mage on top of the bluffwas taken care of and that the dry well was now penetrating the clay layer so that the water would go straight down. We were asked to prepare a restoration plan for the bluff, The Casarona property had the bulkhead permit which was approved by this Board. So that really what we 36 would be doing is just regrad'mg bringing fill in and regrading the bluff face and re-vegatating it. The next property which I don't know if you want to discuss now, But as you know DEC and also my selfI rather a minimal rock tote protection structure for our bluff restoration rather than a vertical face of a bulkhead and that is what that incorporates with also the restoration of the bluff so I think these two are kind of a package that would go together. I have also been contacted by the adjoining owner to the west of the North Bay properties lot Mr. Begain just to pose a question, he was here earlier and I told him I certainly would speak for him. The erosion carries on to his propertyby about five or ten feet (TAPE CHANGE) TRUSTEE KRUPSKI: Going to be a problem if that's obviously the property line don't run with the erosion CHARLES BOWMAN:- What I told them we would do was we would have .... to go out there and stake on the top stake on the toe so we can find out exactly how much is onhis property and than we would submit an application TRUSTEE KRUPSKI: I spoke with you last week and you were gong to send us a new dra~Sng/'or Dr. casarona. CItARLES BOWMAN: Which we did it shows the bulkhead. TRUSTEE KRUPSKI: Remember we went out there and said this was not right. There is fifty two feet here. CHARLES BOWMAN: We had a big discussion in our office because of the s survey we bad'done, Did not show bulkhead. If you look at. There was another bulkhead here. It was very confusing when you got down to the bottom. Until I realized that I thought was this. Is actual this. TRUSTEE KING: There is actually a big rock. CHARLES BOWMAN: That is what we are referencing. TRUSTEE KR.UPSKI: We want to see the re-vetment here, I believe start here. CHARLES BOWMAN: this should be the adjourn'rog property now, What you are saying ~s you want us to locate that rock and start there. TRUSTEE KRESS: We think the toe is further back than there. I think we had that discussion last week on the phone. CH ~.A:RLES BOWMAN: I do not have a problem with that. Not at all. TRUSTEE KRUPSKI: If the erosion goes over. We do not have a problem with extending that, But really legally we have been through this a lot in the Sound. They have to get their own permit on their own name. CHARLES BOWMAN: I told them A1 TRUSTEE tCRUPSKI: It is a formality, CHARLES BOWMAN: Can you approve that application with condition that they remove it back to where that rocks it? TRUSTEE KRUPSKI: No problem with that, We can approve it based on Do I have a Motion to close the heating. TRUSTEE KING: So moved. TRUSTEE POLIWODA: seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES TRUSTEE KRI~SKI: I make a Motion to Approve the application for Dr. Joseph Casarona. 37 TRUSTEE KING Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES 26. Land Use Ecological Services, Inc. on behalf of NORTH BAY PROPERTIES, INC. request a Wetland Permit to stabilize/restore eroded bluff face by Undertaking the following activities - approximately 4,250 c. yds. of clean material to be utilized to re-grade slope 4, 150 c. yds .to be trucked in and supplemented with 100 +/- e. yds of material recovered from beach area - approximately 375+/- tons of 500,2000 lb. stone to be placed on filter fabric along toe oferodedbluff the armor returns to extend into existing bluff face - approximately 4,200 +/- cubic yards of clean fill to be Utilized to re-grade existing slope. All material to be trucked in from an approved off site location. Approx. 300 tons of 500-2000 lb.. stone to be placed on filter fabric along toe of eroded bluff. Toe armor returns m extend into existing, bluff face. Approx. 9,750 sq. fi of bluff face to be augmented with 75 cubic yards' of 2"thick layer of topsoil and then hydro seeded in accordance with plansp~cificaftons~Loeated: 8865 0regonRoM, Cutchogue, NY SCTM#83-1-33 TRUSTEEp;~ KI~UPSKI: Ihadonequestioxt0nthat. The vegetation ofthe bluff face/ What is the plant materialpr0posed? C .HARLESr.~, BOWi¥iAN: It shoulc~be iaati~e grasses. (caunot understand) which have been suc~essfnily infRling out the¢l~fface. We also discussed the posSibility of mttlch ~o be used Which is a natttral wood type of mulch and the cheap imitation stuff. SCOTT HILARy: These are al/low maintenance plantings, no fertilizers. CHARLES BOWM3~: These areal/native grasses. You get them going you need a little organic potting. TRUSTEE KI~UPSi~I~ YOu need some top soil there. You cannot plant them in the sand: Th~at CmwnYeg is pretty persistent. CHARLES BO~: It is ~reat. ~Ve put it on the North Shore a whole bunch of it. It is r r0gen thick. TRUS?EE: ~.~UP~KIi It provides nitrogen for the other plants CHARLES IO~: it looks nice. TRUSTE] .~_.L~SI521:: It is pleasant. CHARLE ~WMA-N: It flowers. TRUS~EI 2I~G: A~y other comments on this application? TRUS~EI 21~UPSI~: Sorry just want to say when you usually think beach grass. Tke mhat/te i saw that. What are we making here. TRUSTEE K~G: I will make a Motion to close the hearing. TRUS;TEEW DICIf~ERS~ON: seconded. TRUSTEE KING; Ail in favor. ALL AYES 38 TRUSTEE KING: I will make a Motion to Approve the application as written Starting the stone adjacent just west of the large stone - which is adjacent to the Btdkhead and follow that toe.. TRUSTEE KRUPSKI: Seconded. TRUSTEE POLIWODA: Allin favor. ALL AYES 27. Catherlne Mesiano, Inc. on behalf of SOUTHOLD PARK DISTRICT requests a Wetland Permit to reconstruct 235' of existing functional concrete bulkhead, maintenance dredge slips and adjacent area to 4" MLW for access reconstruct open fixed dock on the south and east sides. Located: Young's Avenue Park. Southold. NY SCTM#64-1-10.1 POSTPONED UNTIL APRIL AS PER THE AGENT'S REQUEST 28. Catherine Mesiano, Inc. onbehalf of MATINE, 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 KRUPSKI: Would anyone here like to comment on the application? CAC recommends disapproval as submitted and recommends a 100' non- disturbance buffer. CAC did better than we did. CHARLOTTE CUNNINGItAM: I called her and said that it was not staked. She said it was staked. TRUSTEE KRUPSKI: Did you find any stakes. SCOTT HILARY: Yes I did they were in there. It was tough. There was bunch of cat briar. TRUSTEE KRUPSKI: Because I walked past the briars and I got around in the back and.there were a few wetland flags. If you follow the wetland swale. We did not see any house stakes. SCOTT HILARY: It was rough to reference the wetlands and the stakes because it was so thick. TRUSTEE I{RUPSKI: It was vea'y thick by the road. SCOTT ~HILARY: They are trying to push that house up towards the com~r. Because the property net to it is staked and cleared. TRUSTEE KRUPSKI: What was your reason for disapproval o SCOTT!HILARY: We request the 100 foot non disturbance. I am trying to pull the application to see what they reference. TRUSTEE KRUPSKI: So they only allow the septic system. They can not have the house. SCOTT~I~ILARY: Sounds good. 39 TRUSTEE KRUPSKI: Well, we are going to look at this next month. We will have to have a path cut there. Because we could not see. I pushed through it once you get through I could not see anything. We walked all around there. SCOTT HILARY: When the 100 foot is achievable. We prefer that. TRUSTEE KRUPSKI: We certainly thought we could better than 30 foot there. We will make a Motion to Table the application. TRUSTEE POLIV~ODA: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES 29. Catherine Mesiano, Inc. on behalf of JOHN & BARBARA SEVERINI request a Wetland Permit for an addition 8'x30' extension to and enclose existing deck. Located: 565 Gull Pond Lane, Greenport, NY SCTM#35-4-28.27 POSTPONED UNTIL APRIL AS PER THE AGENT'S REQUEST 30. Docko Inc., on behalf of FISI=IE, RS ISLAND YACHT CLUB to conswact a 7'x72' wood pile and timber pier with two 5'x30' finger piers, construct 225 (+/- )LF of floating pmr, 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, all water ward of the apparent high water line. Located: Central Avenue, southwest comer of West Harbor, Fisher's Island, NY SCTM#19-1-9 TRUSTEE KRUPSKI: Lastly, Docko Inc. on behalf of the Fishers Island Yacht Club do you have any thought on that? Or do you want to Table it? TRUSTEE KING: Maybe we can look at something else over there too. TRUSTEE KRUPSKI: I will make a Motion to Table. TRUSTEE DICKERSON: Seconded. TRUSTEE KRUPSKI: All in favor ALL AYES TRUSTEE KRUPSKI: I WILL MAKE A MOTION TO GO BACK TO THE REGULAR MEETING. TRUSTEE DICIGERSON: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES RESOLUTIONS: Fairweather Brown Design on behalf of MARY BUTZ & DIANE RAVITCH request a Coastal Erosion Permit to add a brick in sand patio to pre-existing bulkheaded area with self contained hot tub unit to be placed on it. Located: 2022 Hyatt Road, Southold, NY SCTM#50-01-21 4O BOBETTE SUTER request an Amendment to permil #5304 to replace the previously approved concrete patio with a deck. Located: 855 Fisherman's Beach Road, Cutchogue SCTM#111-1-20 TRUSTEE KRUPSKI: Approved Amendment to permit to replace the previously approved concrete pation with a deck. TRUSTEE DICKERSON: Seconded. ALL AYES Costello Marine Contracting on behalf of ROBERT ALUCS requests an Amendment to pon'mit 4279 to allow the floating dock to be moved 6' towards the south instead of the previously approved northerly movement. Located: 1457 Cedar Point Drive, East, Southold_ NY SCTM#92-1- 2.1 TRUSTEE KRUPSKIS: Approved Amendment to Permit g4279 to allow the floating dock to be moved 6' towards the south instead ofthe previously approved northerly movement. TRUSTEEDICKERSON: Seconded ALL AYES En-Consultents, Inc. on behalf of LISA EDSON requests an Amendment to Permit '~5427 to allow th drywells to be configured linearly rather than in a cluster. Located: Main Bayview Road, Southold,NY SCTM#$87-5-25 TRUSTEE KRUPSKI: Disapproved neighbors to be notified of the hearing TRUSTEE DICKERSON: Seconded. ALL AYES Samuels & Steelman Architects on behalf of JOE & JUDY ZALMER request an Amendment to Permit #5249 to relocate the existing storage shed back to 63' from the wetlands line. Located: 700 Broadwaters Rd., Cutchogue. NY SCTM#104-10.2.1 TRUSTEE KRUPSKI: Approved the Amendment to Permit #5249 to relocate the existing storage shed back to 63' from the wetlands line. TRUSTEE POLIWODA: Seconded. ALL AYES Motion to Approve the resolution regarding the establishment of two SPAWNER SANTUARIES one in Hallocks Bay and one in Richmond Creek - as per plan drawn by Comell Cooperative Extension with the stipulation that the spawner sanctuaries created will be closed to shell fishing for a duration often years as per plans from Comell that will exceed no longer than ten years TRUSTEE POLIWODA: Motion to Approve TRUSTEE DICKERSON: Seconded. ALL AYES 41 VI. MOORINGS; KRISTIN HORNE request a mooring permit #537 in Mattituck Creek with a 26' boat ACCES S: Private- if insufficient water depths, will replace #6 at the end of Knollwood Lane ACCESS; Public TRUSTEE KING moved to disapprove mooring permit #537 because of insufficient water Approve Mooring #6 at the end of Knollwood Lane TRUSTEE POLlWODA seconded. ALL AYES MICHAEL DOLAN request a mooring Permit 4/99 in Town Creek with a 23 foot sailboat ACCESS: Public TRUSTEE POL1WODA: Moved to Approve the application. TRUSTEE DICKERSON: Seconded. ALL AYES Meeting Adjourned ll:30 P. M. Board of Trustee 42