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HomeMy WebLinkAboutTR-07/24/2002Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MINUTES July 24, 2002 7:00 PM Present Were: Albert J. Krupski, Jr., President James King, Vice President Artie Foster, Trustee Ken Poliwoda, Trustee Peggy Diekerson, Trustee Charlotte Cunningham, Clerk CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT FIELD INSPECTION: Wednesday August 14. 2002 at 8:00 a.m. TRUSTEE KING moved to Approve. TRUSTEE FOSTER seconded. ALL AYES. NEXT TRUSTEE MEETING; Wednesday, August 21 2002 at 7:00 p.m. WORKSESSION: 6:00 p.m. TRUSTEE KING moved to Approve. TRUSTEE FOSTER seconded. ALL AYES. APPROVE MINUTES: Approve Minutes of March 20, 2002 and April 24,2002. May 22. 2002, Jtme 26. 2002 TRUSTEE DICKERSON moved to Approve the Minutes of March 20, 2002, April 24, 2002 and May 22, 2002 - pass on June 26, 2002 TRUSTEE FOSTER seconded. ALL AYES. II. MONTHLY REPORT: The Trustees monthly report for June 2002 A check for $4,500.42 was forwarded to the Supervisor's Office for the General Fund. PUBLIC NOTICES: Public Notices are posted on the Town Clerk's Bulletin Board for review. IH. AMENDMENT/WAIVER/CHANGES: BRICK COVE MARINA INC. request a Waiver to install a 30 foot flag pole illuminate it at the end of the bulkhead. Located on western side of entrance channel. Located 1760 Sage Blvd. Southold, NY SCTM#57-1- 38.3 TRUSTEE DICKERSON moved to Approve the application. TRUSTEE POLIWODA seconded. ALL AYES. Costello Marine Contracting on behalfofANDREAS KARACOSTAS request an Amendment to Permit #5400 to install rock armor in front of the bulkhead. Located: 21275 Soundview Avenue, Southold SCTM 135- 1-2 TRUSTEE KING moved to Approve the application. TRUSTEE DICKERSON seconded. ALL AYES. KAREN & BROWNELL JOHNSTON request an Amendment to Permit #5217 to construct 4'x52' fixed catwalk with a stairway at seaward end amendment as requested by NYS DEC - a one year extension of the permit to allow construction completion. Located: 4001 Wells Road, Peconic, NY SCTM#86-01-9.4 TRUSTEE FOSTER moved to Approve the application and one year extension. TRUSTEE POLIWODA seconded. ALL AYES. Charles R. Cuddy, Esq. on behalf of SHAWN TULLY request an Amendment to Permit #5415 to construct a 4'x4' straight stairway with three landings as per revised plan dated 5/4/02, Located: 2840 Stars Road, East Marion, NY SCTM#22-3~1 TRUSTEE POLIWODA moved to Approve the application. TRUSTEE FOSTER seconded. ALL AYES. TRUSTEE KRUPSKI: Do I have a Motion to go offthe Regular Meeting and onto the Public Heating. TRUSTEE FOSTER so moved. TRUSTEE POL1WODA seconded ALL AYES PUBLIC HEARINGS: THIS IS A PUBLIC HEARING IN THE MATTER OF THE FOLLOWING APPLICATIONS FOR PERMITS UNDER THE WETLANDS ORDINANCE OF THE TOWN OF SOUTHOLD. I HAVE AN AFFIDAVIT OF PUBLICATION FROM THE SUFFOLK TIMES. PERTINENT CORRESPONDENCE MAY BE READ PRIOR TO ASKING FOR COMMENTS FROM THE PUBLIC. PLEASE KEEP YOUR COMMENTS ORGANIZED AND BRIEF FIVE (5) MINUTES OR LESS IF POSSIBLE Garrett Strang Architect on behalf of WILLIAM SIEFERT request a Wetland Permit to construct one story roof over screened porch - elevate wood deck and walkway- brick or pave walkway at grade - placement of beach sand at edge of water. Located: 7145 Soundview Avenue, Southold, NY SCTM#59-6-3 TRUSTEE POLIWODA: Would anyone like to speak on behalf of the applicant? GARRETT STRANG: Good evening, Garrett Strang representing the owners of the property The Sieferts. Our application is as described I did have a pre-submission meeting with the DEC awhile actually. I explained to them that there is an existing single family dwelling there.. I explained to them that we are looking to do some minimal improvements. One being described as the roof over the screened porch, which is basically going to be adjacent mostly over what is akeady a driveway. My initial conversation with the DEC is that they did not really have any challenge with it because of the fact that the driveway is already there. So they felt that was not a big issue. As welI as the fact that we discussed whether that we should have elevated decks or whether we should have grades and there preference was to have it as an elevated deck and this being the DEC preference. Being that there would be better drainage for an opened elevated deck as opposed to a hard surface on grade for run-off purposes. They really did not have a challenge with it at all. When we walked around the house. Obviously we are trying to do this as a multiple phase. Multiple task situation in which we are coming before this Board and DEC. Of course we are going before ZBA. We have an application pending before them. We have the edge of the wetlands that have been flagged by the DEC as shown on the map that you have. As well as the distance from those areas to the proposed walk. Any questions of this Board I would be happy to entertain at this time. TRUSTEE POLIWODA: Would anyone else like to comment? TRUSTEE KRUPSKI: He did have a problem with his gutters were over full. He has a problem with the gutters there. GARRETT STRANG: With the gutters not draining properly. TRUSTEE KRUPSKI: Right. GARRETT STRANG: I had not noticed that? I have not inspected that aspect of this project. TRUSTEE KRUPSKI: It showed some erosion on the lake side and it seemed to us that it is coming off the roof. Even though there are gutters and apparently drywells. TRUSTEE FOSTER: He is aware of that. GARRETT STRANG: Is it in your opinion it is because the gutters are clogged with debris from the leaves and thing like that. TRUSTEE KING: I think so. TRUSTEE KRUPSKI: The drywells are clogged. GARRETT STRANG: TRUSTEE KRUPSKI: GARRETT STRANG: with regard to mn-off. issue. TRUSTEE KRUPSKI: placed on the beach. We can certainly look at it and remedy that. That would solve his problem. I am sure it would solve the DEC problem I will make a note of that and address that We really do not want to see any more sand GARRETT STRANG: That happened unbeknown to me until I got a call from him that he did it and got notified that he should have not done it. He is not going to do anything other what is there. Obviously, it is something that must be worked out. Between the DEC as well. That is another matter that I am not a party to. TRUSTEE KR~SKI: We just wanted to mention it because it is part of the application. GARRETT STRANG: Yes we wanted to make sure it was addressed. TRUSTEE KRUPSKI: We just wanted to see gutters and drywells on the screened porch. GARRETT STRANG: Okay. Fine. TRUSTEE POLIWODA: Any other Board comments? If not I will make a Motion to close the Public Hearing. Do I have a second? TRUSTEE FOSTER: Seconded. TRUSTEE POLIWODA: All in favor ALL AYES TRUSTEE POLIWODA: I will make a Motion to Approve the application on behalf of William Siefert for a Wetland Permit. Do I have a seconded? TRUSTEE FOSTER: Seconded. TRUSTEE POLIWODA: All in favor, ALL AYES GARRETT STRANG: Thank you very much. o Garrett Strang Architect on behalf of THOMAS & CYNTHIA ROSICKI request a Coastal Erosion Permit for proposed addition and alteration to existing single-family residence including deck and septic system. Located: 395 North Sea Drive, Southold, NY SCTM#54-04- 06 TRUSTEE DICKERSON: Would anyone like to speak on behalf of this application? GARRETT STRANG: It is convenient for me to be back to back. I appreciate that. The nature of the work is that it is a single-family house exists. We are proposing to do some alterations and additions to the house. Obviously they have issues with respect to zoning regarding. That they are not to be able to come towards the road. Certainly the nature of the fact that it is a water fi:ont parcel. My client wanted to take advantage of that as best they could. The majority of the work that we are undertaking here is not only as this Board has incurred is outside the jurisdiction as far as the wetlands go. But the majority of it is also outside of the Coastal Erosion Hazard Zone. However, there is a portion, which is decking which does in fact encroach on that Coastal Erosion Zone. To give the Board a brief overlook as to what that is. It is an elevated deck. The elevations of that deck is about plus twenty feet above elevations plus twenty. The grade at that area ~s approximately six point five. So the deck itself is going to be almost fourteen feet above grade. The area of the deck that we are talking about that encroaches on the westerly side is about five feet. It comes out about sixteen feet on the east side. It is an overall forty-six feet across. The deck will be supported on post six by six which will be sunk into the ground and on footers. Obviously will cause absolutely no imperilment to any storm flow. There is proposed to be about four of these posts on the northerly edge of the deck and this would be in the Coastal Erosion Zone. Or on the northerly edge about six along the southerly edge and there is an angle as you can see from the site plan. They're about two on there. So we are opposing about twelve of these posts that will come down to grade. In my opinion it is a minimal intrusion if you will into the Coastal Erosion Zone. The Board has requested that we address this. TRUSTEE DICKERSON: Is there anyone else who would like to speak: The CAC recommends disapproval because the project was not stated and the proposed addition is located in the Coastal Erosion Zone Area, TRUSTEE KRUPSKI: I have been trying to find the relevant position and this discussion with Mr. Stang last month about the Coastal Erosion. It only would be prohibited if it were a major non-moveable addition. TRUSTEE DICKERSON: Artie, any comments? TRUSTEE FOSTER: I had the same concerns but after discussing it in reference to what A1 just said. I changed my position so to speak So I do not have a problem with it TRUSTEE KRUPSKI: We do not have an issue of keeping the neighbor's in line. But this is appropriate. It lines up with the houses. The houses to the east are way out them. GARRETT STRANG: That is correct. TRUSTEE KRUPSKI: The houses to the west this would be in line with them. So it is not an inappropriate bump out. GARRETT STRANG: Actually we looked at it and we made and designed it in a fashion that will be least visual fact. Especially to the west. Actually to the west is closer to the Sound but even our addition. TRUSTEE DICKERSON: I will make a Motion to close the hearing. TRUSTEE KING: Seconded. TRUSTEE DICKERSON: All in favor. ALL AYES I will make a Motion to Approve the permit for Cynthia & Thomas Rosicki. TRUSTEE FOSTER: Seconded. TRUSTEE DICKERSON: All in favor. ALL AYES GARRETT STRANG: Very good Thank you. Have a good evening. TRUSTEE KRUPSKI: Peggy I am going to ask you to take the next two since you inspected them. LEE & ROBERT CASSANO requests a Wetland Permit to clear underbrush in left comer of property. Located: 3225 Nassau Point Road, Cutchogue, NY SCTM#111-9-1 TRUSTEE DICKERSON: Would anyone here like to speak regarding the application? The first one is Lee & Robert Cassano I looked at it and it was fine with me. So I will make a Motion to close the hearing. TRUSTEE FOSTER: Seconded. TRUSTEE DICKERSON: All in favor. ALL AYES I will make a Motion to Approve the Wetland Permit for Lee & Robert Cassano TRUSTEE KING: Seconded. TRUSTEE DICKERSON: All in favor. ALL AYES o PHYLLIS KAUFER request a Wetland Permit to clear underbrush on right comer of property. Located: 3175 Nassau Point Road, Cutchogue, NY SCTM#104-13-12 TRUSTEE DICKERSON: They did it together. It is very nice; they did a clearing that is very small and minimal. They also did a replanting also. TRUSTEE KRUPSKI: I think that we all better go look. TRUSTEE DICKERSON: I will make s Motion to close the hearing. TRUSTEE FOSTER: Seconded. TRUSTEE DICKERSON: All in favor. ALL AYES I will make a Motion to Approve the Wetland Permit for PHYLLIS Y~4UFER request to clear underbrush on right comer of property. Is there a second? TRUSTEE FOSTER: Seconded. TRUSTEE DICKERSON: All in favor. ALL AYES TRUSTEE KRUPSKI: Do we want - I am making out these inspections schedules? Do we want someone to look at these? The next one I am wondering Jim can you take the next one. Everyone think about this inspection schedule? CHARLES & ROSEMARY LUSCHER request a Wetland Permit to change roof pitch and install two dormers on south side in place of roof windows. Located: 820 Bayview Drive, East Marion, NY SCTM#37-5-6 TRUSTEE FOSTER: With regard to this one, I did not really see any reason to have hay bales there on this next project. I looked at this it is just basically the same footprint. It is just a matter of some cosmetics construction and I did not see a problem. I really did not see any reason to put hay bales up. It is heavily vegetated. It is high brash and there is no impact there at all. TRUSTEE KRUPSKI: Is there any one else who would like to speak or comment on the application? CHARLES LUSCHER: I am Charles Luscher can you issue a Waiver on this instead of a Permit. I cannot get a Waiver on this? The reason is that there is no environmental impact on this. TRUSTEE KRUPSKI: Apparently not but as of tonight you will have a permit. CHARLES LUSHCHER: If I go to the DEC with a Waiver from you. I will walk right in. o TRUSTEE KRUPSKI: As opposed to a Permit CHARLES LUSCHER: I have bulkheading in front of the property. TRUSTEE KRUPSKI: Right. CHARLES LUSCHER: If you give me a Waiver and I show the pictures of the bulkhead. TRUSTEE KRUPSKI: But even without our action. The bulk heading they should not have jurisdiction there Close the hearing Artie. TRUSTEE FOSTER: Motion to close the hearing. TRUSTEE DICKERSON: Seconded. TRUSTEE FOSTER: All in favor. ALL AYES I will make a Motion to Approve the application for Wetland Permit for Charles & Rosemary Lnscher TRUSTEE POLIWODA: Seconded. TRUSTEE FOSTER: All in favor. ALL AYES -Approved -, ARTHUR R. TORELL request a Wetland Permit to construct a single family dwelling with attached garage, pervious driveway septic system. Located: 365 Westwood Lane, Greenport, NY SCTM#33-2- 10&ll TRUSTEE KING: Is there anyone here would like to comment on the project? Any Board comments? TRUSTEE DICKERSON: I have a comment the CAC had a real concern with this piece. But I do not know if they realize the history behind it. There concern was that it was one of the original surveys that they had done cleating without compliance and violations done without permits. I do not understand ~vhy they thought that they did not have a permit. Did they not have this information? TRUSTEE KRUPSKI: Maybe they did not look at the other files. TRUSTEE KING: There is quite a file here. TRUSTEE KRUPSKI: There is two separate files because they had received the permit and there are two separate files. TRUSTEE KING: There is a one-year extension. TRUSTEE KRUPSKI: That cleating could easily been done under one of the other permits. TRUSTEE KING: They had permits right along but they had expired because they did not do anything. TRUSTEE DICKERSON: So maybe they cleared when they had the permit. TRUSTEE KRUPSKI: Sure. TRUSTEE KING: I would assume. Basically it is the same thing as what was approved before. TRUSTEE KRUPSLI: There were trees there so it is obviously they had been cleared. It is just a substantial amount of clearing. There was big trees there. We can follow the old permit with the condition of the 1999 permit we can follow that. TRUSTEE KING: I will make a motion to close the heating. TRUSTEE DICKERSON: Seconded. TRUSTEE KING: All in favor. ALL AYES I will make a Motion of Approve. TRUSTEE POLIWODA: Seconded. TRUSTEE KRUPSKI: With a condition - the same conditions are on the 1999 Permit so you can follow that. TRUSTEE FOSTER: Seconded TRUSTEE KING: All in favor. ALL AYES TRUSTEE KRUPSKI: Give two inspections on that. VINCENT CARVELLI requests a Wetland Permit for house renovations to include construction of new dormers, of rear porch, small extension of existing garage, within existing set backs construction of in-ground pool Located: 3605 Camp Mineola Road, Mattituck, NY SCTM# 123-06-12,4 TRUSTEE KING: [s there anyone here want to comment on this project? TRUSTEE KRUPSKI: You inspected this? TRUSTEE KING: I did not see anything. It is pretty straight forward No comments on this? I will make a Motion to close the heating. TRUSTEE FOSTER: Seconded. VINCENT CARVELLI: Good evening, Vincent Carvelli, any questions? TRUSTEE KING: I do not think so. It is pretty straight forward. I will make a Motion to close the heating, TRUSTEE FOSTER: Seconded TRUSTEE KING: All in favor. ALL AYES I will make a Motion to Approve the application. TRUSTEE FOSTER: Seconded. TRUSTEE KING: All in favor. ALL AYES VINCENT CARVELLII: Thank you. ge ALEXANDRA JONES request a Wetland Permit to reheat 100 foot of existing bulkhead and 3 foot ~va~way in back of bulkhead out of C.C.A. remove existing rotted sheathing - backfill excavation install 100'x24" high rabbit/chicken wire fence on both right and left side of property line. Located: 1625 Gull Pond Lane Greenport, NY SCTM#35-4-13 TRUSTEE FOSTER: Anyone care to speak in behalf of this application? ALEXANDRA JONES: Yes, I am Alexandra Jones and I am the owner of the property at 1625 Gull Pond Lane in Greenport. I am before you to resheath the existing bulkhead that is there on the premises which is rottening and also do a walkway and I installed a bunny fence 24 inches high and it extends 100 feet because of a situation with geese. My grandchildren are out on the weekends and since the system of having these children play in the yard is terrible. I had spoken to Charlotte and I tried Hi-C and it did not. The DEC advised me to buy a Border Collie and I do not think that works either. I am a wits ends as to have to rectify the problem and this has worked. The lady who sold me the house was the one that suggested that she lives on Gull Pond and she said once they hit that. There noses hits the fence they want no part of it. There are people feedings these ducks which I told by the DEC is environmentally poor for the eco system and water system. Also for the health of the birds. I do not have anything against the geese. I think that they are beautiful, but I just do not want their do-do all over my property. That is the extent of my request. TRUSTEE KRUPSKI: Are there any other comments? GENE KESSLER: First - thank you- for recognizing me. I am a bit confused by this application. I do not understand fences being applied for and being referred to as Bunny/Chicken fences. The dictionary defines fence that work both ways. Either to enclose something that is wished to be kept in side or undesirable something outside. I do not know if it is the intentions of the home owner to raise burmies and chickens and hence have a fence that will keep them on the inside or are the fences there to keep bunnies and chickens on the outside. If it is the former I am qualified to speak on the rules or codes of raising animals in a residential area. But if these fences are for the purpose of keeping bunnies and chickens out. I feel it is encumbered upon me. To speak on behalf of those who cannot speak for themselves. Sadly I must say that we are not seeing as many bunnies or mature rabbits as we have in the past and as in the twenty years of residing on Gull Pond I have never seen a live chicken in the area. Among the joys as a resident on Gull Pond we delight in the wild life that passes in front of our lawns unencumbered. Going from lawn to lawn and never stopping their activity. As the season changes we have swans, fox squirrels, deer, ducks a resident peacock, osprey, egrets, and the vast assortment of birds and of course Canadian Geese. I am confident that none of likes or enjoys the evidence of the presence that is left for us by the Canadian Geese. I am aware that the applicant does not wish to perpetrate a substitute and certainly do hope that is the case. If it is the case of the price of these fences to keep the geese's offthe property. This is a very high price to pay. Similar to the damage that fish comes and gets caught in nets. Sure the deer eat our shrubs and these have grown back on every occasion. Perhaps this is natures way of natural pruning. Yes the geese are messy but that is part of living in the country and close to the water. I am sure that you all know the other joy of seeing a fawn and doe silently walking across the lawn. 10 Therefore I urge you on behalf of all living things on Gull Pond to deny this request for fences that will only serve the purpose of disturbing and alerting natures master plan. Thank you for you anticipated wisdom and cooperation. TRUSTEE KRUPSKI: Thank you. See if any one would like to speak first. DON PASSUDETTI: I own the property adjacent to Ms. Jones. This proposed fence is already in place. Ms. Jones has put up a fence and the fence is not 24 inches in height. It is thkty inches in height and I have pictures here if you care to see them. Would you like to see them? TRUSTEE KRUPSKI: Sure. TAPE CHANGE DON PASSUDETTI: I think that we have a unique situation. These animals have been on our property for twenty years, No body has bothered to fence them in or fence them out. Ms. Jones bought the property last year and has taken upon herself to put up a fence. Today you can see the fence is in place. As far as the application her bull heading I have no objection. TRUSTEE KRUPSKI: Thank you DONALD PASSUDETTI: I would like to ask ifa fence is permitted. I hope it is not. Is it required to have a setback or can it be put on the property line. TRUSTEE KRUPSKI: We generally allow them on the property. DONALS PASSUDETTI: On the property line. TRUSTEE KRUPSKI: Yes. DONALD PASSUDETTI: But this fence is a wobble wire fence and some of the stakes are at least 15 foot apart. So the fence is staging falling this way falling that way. It is a matter of throe before we are into an argument over something like that. TRUSTEE KRUPSKI: Thank you. ALEXANDRA JONES: Mr. Krupski, I would like to respond to what Mr. Kessler and Mr. Passudetti said. IfI had known this was going to be such an issue I would have brought Channel 12 here. I just would like to give the Board "Newsday;' and what they are doing in Nassau and Suffolk County regarding the geese. I understand your devotions to the bkds. Number two, regarding Mr. Passudetti comments. I originally came down to see Charlotte and ask if it would be all right I do not even have to touch what you guys have control over. I had eighteen flowerpots along my property line and I will be happy to put the stake with the little chicken fence down whatever feet it is to cover it. I nailed to my trees to begin with and it is not wobble. Your guys were down there. At least I think you were. Because I met with three of you. Number two, it is very important. This matter is one of two Mr. Passudetti has another issue of an encroachment of seven feet of my property ,and not only was the Southold Police called but I have a 11 pictures of him taking a knife out and cutting my fence and throwing the rope in m/d-air at Ms. Hindered who is here as a witness today. That to me is quite upsetting. Here is the police report. I should have had him arrested. This is the encroachment also. Which has no issue tonight. I have a copy of the survey of the property. There is no fence wobbling we are seven feet on my property that he is using. It is an issue of encroachment that is the reason that he is here tonight. Not about chickens or geese or bunnies. This is the encroachment about Joseph Ingegno. This cost me a Thousand Dollars because Mr. Passudetti would not take care of giving me a letter of intent to insure his encroachment on my property. His driveway is actually my property. I offered as a good neighbor to let him have it just give me an insurance policy so if you or your wife get hurt. Recorded it in Suffolk County as a done deal because we are neighbors. He would not pay the legal fee of fifteen hundred Dollars. I paid eleven hundred dollars to this man to prove in fact that he is on my property. TRUSTEE KRUPSKI: We only had one Board member look at this maybe the rest of the Board would like to take a look? TRUSTEE POLIWODA: Yes TRUSTEE KING: Yes TRUSTEE KRUPSKI: So we will Table the application until next month. So that the whole Board can look at it. ALEXANDRA JONES: [ am at the DEC presently with the bulkhead. TRUSTEE POL1WODA: What are you replacing it with? ALEXANDRA JONES: The bulkhead? CCA TRUSTEE POL1WODA: Generally, we recommend C-Loc or Vinyl. TRUSTEEE FOSTER: You cannot put CCA back. You have to use plastic sheathing. ALEXANDRA JONES: Okay, well we have two neighbors that are doing it presently. I only did what I saw what was being done on Gull Pond. So there is only one that is put on a stop work which is Peiloff. I cannot afford Forty Thousand Dollars for C-Loc. TRUSTEE KRUPSKI: We will take a look at it next month. ALEXANDRA JONES: Thank you. TRUSTEE KRUPSKI: What about all these pictures leave all of them in the file. ALEXANDRA JONES: I just need the Police report and I have a copy of the pictures. TRUSTEE KRUPSKI: I will make a Motion to Table the application. TRUSTEE FOSTER: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES 12 PATRICE M. 'Me CAFFREY requests a Wetland Permit to construct one family structure with basement. Located: 487 Private Road, #22, Southold, NY SCTM#76-1-15.3 POSTPONED PER APPLICANT'S REQUEST 10. STEVEN E. BRANDER request a Wetland Permit to construct one family structure with basement. Located: 850 Private Road #22 Southold, NY SCTM#76-01-15.6 POSTPONED PER APPLICANT'S REQUEST 11. MICHAEL A. CHUISANO as Contract Vendee requests a Wetland Permit construct a single-family dwelling. Located: 575 Diamond Lane, Peconic NY SCTM#68-2-10 POSTPONED PER LAND USE 12. Eric Bressler, Esq. on behalf of RICHARD HORSTMANN requests a Wetland Permit to increase the footprint of the existing house and add a second floor. Located: 7225 Nassau Point Road, Cutchogue, SCTM#111-15-12 TRUSTEE KRUPSKI: Is there anyone who would like to speak on behalf of the application? RICHARD HORSTMANN: My name is Richard Horstmann, I am the owner of the property on Nassau Point Road. Eric Bressler my attorney is on vacation and cannot be with me this evening. However, I have Frank Notario with me who is my Architect and we have additional plans if you need it. As you know from past order. There was some discussion about the width of the property and that is the Supreme Court in Riverhead and it will be adjusted there. My belief then based on fact is the ownership of more than one hundred feet and the footprint will be sufficient for building. However, if there is a Court ruling to the otherwise. We will certainly adjust the dimensions of the house. The point that I will make is the width of the property is in question and not the depth. That is the distance from the bay. Is sufficient for a Wetland Permit which I have requested. Thank you. TRUSTEE KRUPSKI: Do you have new plans you said. FRANK NOTARO: Basically it (Cannot not understand not speaking into the speaker) TRUSTEE KRUPSKI: But that was submitted July 2001 - Thank you. Would anyone else like to speak. FRANK BLANGIARDO: Yes, Frank Blangiardo I am the adjohfing land owner to Mr. Horstmarm. I would just like to have this 13 application tabled for a month. I feel that would be appropriate at this time. If Mr. Horstmarm is correct as what is pending before the Supreme Court. As you witnessed last month. When Mr. Bressler and Abigail were here. Just a few points, I would like to speak of. With regard to the foot print. If they could clarify. Mr. Krupski I cannot tell if they are trying to enlarge to the North and South. Or just to the South. If Mr. Notaro can clarify that because ~ seek proposed additions on both the north side of the dwelling as well as the south side of the dwelling. FRANK NOTARO: Frank Notaro, Architect for Mr. & Mrs. Horstmann There are no plans to extend the property towards the water side. It is a twenty foot addition on the north side only. Not going towards water and we are planning to alter the second floor. That has not changed since one year ago. FRANK BIANGIARDO: The plans that I see Mr. Krupski show a proposed addition on the Southside of the survey. TRUSTEE KRUPSKI: Mr. Notaro F .RANKNOTARO: I guess that is what he is referring to this? FRANK BLANGIARDO: I have some other points, aside from the fact that they have akeady presided in the expansion of the footprint already. TRUSTEE KRUPSKI: When would that have taken place? FRANK BLANGIARDO: Over the past few months -mavbe the last year. Since the last meeting that we had in August 21, 2001. When I first learned of the application. Mr. Notaro was here at that time. It is very simple. Is the southeast comer living space or not living space? I am sure that Scott Russell would look at the sheet rock and show you a poloroid photograph from 1960-1970-1980 and you will see that is not living space. If you cover a deck and put windows around it. You make it living space and that makes it a footprint. A deck is not a footprint until you start putting windows in and heat. Before it was just a deck. Now it is cleverer worded application we are going to expand the footprint and they do not say to south and to the north. They are just trying to get this home, which is the closest to the edge of the bluff. Of any of the homes. If there is a home that is closer I will withdraw all my objections to anything that I have mentioned so far. This home which is the closest to the edge of the bluff is now going to be going full. Less than twenty feet between Frazier and Horstmann. Less than fifteen feet between the The Nassau Point Property Owner's Association Property and right at the ridge of the bluffline. We have an example on the east side of Nassau Point with Alan Cardinale Jr. property. Which ended up in a total disaster. The whole bluff washed out into the Peco~fic Bay. I believe everyone remembers that. That was not as close to the edge of the bluff line as this is. Nor was this an alteration to an old home that was in construction. With this case and I am sure that Mr. Foster will bear me 14 out. The over cuts involved in putting in this foundation will have to go four foot pass where the foundation is ultimately going to end up. There is not that type of room. He is right at the edge of the bluff. There is no way that would have be hand dug. It would be useless anyway. Because the top of the bluffwill be gone forever. Once, they put this foundation in. The top of the bluff is gone forever. Nothing will grow there. The point I am trying to make. Mr. Horstmann has not a blade of grass in his back yard. He has just got a deck. That goes from his premises to the edge of the bluff. Because that is how close he is. So it is impossible to get a machine in there to dig this. He wants to go full now and with the over cut. I think Mr. Foster knows what I am talking about. The over cut is going to require him to go four feet pass where he wants. There will be no bluff left. If we get a bad downfall like we did last night. Will have a fiasco that we had with Cardinale Jr. just three years ago. Where the entire bluff washed out into Peconic Bay. Now say you let Mr. Horstmann do whatever he wants. Not to raise the fact that he does not even own the property that he is talking about. Let say the Trustee's shoUld not concern themselves where the applicant may own the property that they put forth the application. So any citizen can come forward and put an application whether they own the property or not. But let us talk about the surveyor. We only have ¢~vo surveyors in the Town of Southold. Mr. Ingegno is one that is fifty percent of our surveyors. Il'you let a surveyor none of the two surveyors that we have. Mr. Krupski I believe you said that there maybe a new re-survey in the pike last month. If we let one of the two surveyors that we have here in Southold Town or on the North Fork. Submit surveys that are now aspirating fight-of-ways. This is not an easement. The Nassau Point Property Owner Association claims that they own that ten :feet. That Mr. Horstmann does not own that ten feet. Not that he has a prescriptive easement. For a covenant running across his land. They are saying that Nassau Point Property Owners are saying that they own it. Not Mr. Hortsmann and not myself. It is not part of his deed. That is their property and those they are in fact my adjoining land owners and I agree with them. I am a member of the Nassau Point Property Owners Association. I agree exactly. When I purchased my home that understood. But as we say this is being litigated before Judge Patterson in Supreme Court in Riverhead. I just ask that the Trustee's find it prudent to table this application until August 21, and perhaps you can come out on the next Field Inspection day of August 14th. I will make it my business to be there. To point out just what objections I may have. The fact that the footprints already have been expanded. Without any approval by the Trustee's and in fact if Mr. Horstmarm is allowed to continue the expansion of this footprint further to the South. To go full. The top of the bluffwould be abbreviated. Then if that was complete. Let us fast forward and Mr. Horstmann gets his permit. 15 Now my property, which I have a dehumidifier running twenty-four hours a day seven days a week on my main floor. I am going to have run-offproblems like you would not believe. Because it is going to be pouring right into my driveway and into my guest room. Those are my main concerns and I ask the Trnstee's to Table this until August 2lSd.. Also I am not asking that the property be re-staked. I am just asking you to take a peek. I will make my self available. TRUSTEE KRUPSKI: Thank you let me see if there are any other comments. Is there any other comment? Briefly, please. RICHARD HORSTMAN: Briefly on the distance to the bluff. I believe there are other houses are closer. I think that Mr. Blangiardo will withdraw his objection. There is no grass. There is a decking that goes out. There will be grass after we remove some of the decking after the new construction takes place. In the area to the north of property there is grass that goes all the way to the bluff. It will not be destructed. The bluff is in great shape. It has tremendous amount of vegetation some of which I sprinkled wild flower seeds on. They bloom very nicely there has been no apparent problem from the run- off in the driveway or down the bluff. Or ~any endangerment to the bulkhead, which is a double layer of bulk, heading to protect the bluff. If you have any questions I will be delighted to answer them. TRUSTEE KRUPSKI: One question, what about the issue of the right of way. RICHARD HORSTMANN: The issue of the right of way. My survey and my predecessor surveyor. I did not research further back. I do not know the facts. My deed says one hundred feet. My predecessor deed says one hundred feet. There is a 1919 deed that says one hundred feet and this question of facts that will be judged by the Supreme Court. TRUSTEE KRUPSKI: There is enough information in the file to make me wonder why. That it does not show up on a survey. A ten- foot right of way offofNassau Point Road and if that were actually the case. Then your plans might have to be altered somewhat to address that. RICHARD HORSTMANN: If there was a setback that is correct. TRUSTEE KRUPSKI: What is the Board's pleasure on this? TRUSTEE FOSTER: How is that going to affect our decision. Maybe we should hold-off on our decision until we get the determination of the right a-way. TRUSTEE KRUPSKI; That might be the best way to go. That way we know exactly what your project was then. RICHARD HORSTMANN: We would alter the project if we did not own the property. TRUSTEE KRUPSKI: When would we expect that decision? RICHARD HORSTMANN: Whenever the Court makes the decision. TRUSTEE KRUPSKI: No not necessary you are the apphcant. So we are asking you. 16 RICHARD HORSTMANN: I do not know the answer. TRUSTEE KRUPSKI: I think that it would make sense to wait until you know exactly where you can put the project.' Then we can address it from an environmental stand-point. TRUSTEE FOSTER: I do not think that we can approve some thing that does not happen as it is presented. TRUSTEE KRUPSKI: I will make a Motion to Table the application until you get adecision. Then you can present the project you want, Thank you. TRUSTEE FOSTER: Seconded. TRUSTEE POLIWODA: All Ayes. 13. Carl Guerale on behalf of MARTIN & DOREEN EVANS requests a Wetland Permit for a staircase, fixed dock, hinged ramp and float'mg dock. Located: 5050 New Suffolk Avenue, Mattituck, NY SCTM#115-10-003 TRUSTEE KRUPSKI: Is there anyone who would like to speak in favor of this application? MARTIN EVANS: I am Martin Evans, this is my wife. It is our property and we are hoping to get it approved to put in a dock. There are many docks there now. TRUSTEE KRUPSKI: We asked the Bay Constable to check the soundings on this. Who did the soundings on this application? MARTIN EVANS: Paul Gaden and Bill Lawry (Question spell'mg names) TRUSTEE KRUPSKI: We have some questions regarding the soundings? You show four feet of water at the end of the float. We were wondering about that. Ken do you have any comments on this? TRUSTEE POLIWODA: I had a message on the tape. I did call the Bay Constable up and see who was on duty at the time. To check those measurements from the Field Inspection I believe we felt it was sufficient to go eight feet beyond the marsh. Which is our normal policy for a ramp and float. Then it would put you out fourteen plus another sixteen feet. MARTIN EVANS: To the four-foot or five feet. TRUSTEE POLIWODA: I do not know what the depth would be. I do not know if they are accurate. TRUSTEE KRUPSKI: What he shows on his plan does not seem completely accurate. It shows a low water mark. There is a straight high water mark. There is a wetland line that looks accurate. The high water mark straight. Take a look at this Ken. The low water mark straight. It seems like there is a vc~ small intertidal area there it goes straight into the water. He has got thirty feet of intertidal area. He is showing thirty-five feet but there is a marsh here. 17 TRUSTEEPOLIWODA: Not thirty? Unless you measure on a moon fide. TRUSTEE KRUPSKI: I think what we need is to have a plan to shown on a survey. With an accurate high water and low water mark here. Because what we saw in the field did not match up with Mr. Guerella submitted. It really did not seem to match up. The Board is inclined to give a dock that is much shorter. Someth'mg more than Ken described. MARTIN EVANS: You said fourteen foot fi:om where? TRUSTEE POL1WODA: The edge of the marsh We would allow a fixed catwalk with one pulley. Approximately eighty feet with a ramp and float (cannot understand) [ do not know what your water depth would be there. I do not know how much water depth you actually need. It is a ~ery shallow creek in general. MARTIN EVANS: Let me ask you. If it is not in water that is deep enough. TRUSTEE KRUPSKI: But what was represented here does not match what we saw in the field. That is one of the problems. So it does not really match what the conditions on the site were. [t looks like he took it from a different area. MARTIN EVANS: What did not match? TRUSTEE KRUPSKI: The inter-tidal area did not match which shows the wetland line up here. The contour line. This area here and this area here does not really match. We did not see accurate as being in the field. MARTIN EVANS. This was the survey I had done. Is that the line in question? TRUSTEE KRUP SKI: No that one looks accurate. The wetland line, It seems that was a much smaller wetland area just thirty five feet on the survey. MARTIN EVANS: I do not understand? TRUSTEE KRUPSKI: We will be happy to meet you. If you could meet us out there. TRUSTEE KING: You could stake it and we will all look at it at the same time. TRUSTEE KRUPSKI: If you canbe there on August 14t~. A little after lunch. We can met you there. Then we actually look at and measure it out. I will make a Motion to Table the application. TRUSTEE KING: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES 14. Peconic Building Solutions, Inc. on behalf of NICHOLAS & CLAUDIA BRUNO request a Wetland Permit to construct a 20'x12' wood deck. Located: 115 Sun Lane, :Southold, NY SCTM#76-1-2 18 TRUSTEE POLIWODA: Anyone like to speak on behalf of this application. I looked at it I did not see a problem with it. I see the CAC disapproved it. Because the set back was inadequate the property was not staked. However it was behind a bulkhead. The neighboring deck is similar. If them are no other comment I will make a Motion to close the hearing. TRUSTEE DICKERSON: Seconded. TRUSTEE POLIWODA: All in favor. ALL AYES TRUSTEE POLIWDOA: I will make a Motion to Approve the Wetland Permit on behalf of Nicholas & Claudia Bruno. Do I have a seconded. TRUSTEE DICKERSON: Seconded. TRUSTEE POLIWODA: All in favor. ALL AYES 15..SanfordHanauer on behalf of ROBERT ERENTItAL request a Wetland Permit to expand first and second floor. Located: 19575 Soundview Avenue, Southold, NY SCTM#51-04-11 TRUSTEE POLIWODA: Would anyone like to speak on behalf of this application? SANFORD HANOVER: I am Sanford Hanover I believe the application is self-explanatory. We have received a letter from the DEC that it ~s non-jurisdictional. TRUSTEE POLIWODA: Thank you. I do not have any questions. Does anyone else have any comments on behalf of this application? If not. Any Board comments? [ see the CAC recommended disapproval aga'm because the application was not staked and the proposed work was not clear. When I visited it was staked and high up on a bank. Behind the bluff and it did not have a significant affect on the bluff. I will make a Motion to close the hearing. TRUSTEE DICKERSON: Seconded. TRUSTEE POL1WODA: All in favor. ALL AYES I will make a Motion to Approve the Wetland Permit on behalf of Robert Erenthal. TRUSTEE DICKERSON: Seconded. TRUSTEE POLIWODA: All in favor. ALL AYES 16. Inter-Science Research Associates, Inc. on behalf of BRADLEY ANDERSON request a Wetland Permit for a proposed dock and bulkhead replacement with CL9900 vinyl sheets - 12' length, 6"x8" 19 timber wale 4"x6" timber follower and 2"x12" timber cap. Seawall to be anchored using l"x16" tie rod 66' on center with 10' diameter a 8' timber deadmen. Located: 3820 South Harbor Road, Southold, NY SCTM#86-3-1,2,3.3 & 3.5 JIM WALKER: Jim Walker from Inter Science We have Angelo Stepnoski of Greenport Dock here as well to answer any questions. I believe you came down in February. You gave us some basic recommendations which led to the plans that you have in front of you tonight. There are a couple of exceptions that was recommended in what we would like to do at the property. The property is in South Harbor Road and Richmond Creek. Eight Hundred thirty linear feet of bulkhead replacement which we have chosen mate~Sal is C-Loc 9000 Series which is vinyl sheath piling. The reason why that is important that particular material we can install at this locations and we will not be using pilings. So you will not have CCA piles driven into the salt mines. We are proposing to use conventional tie rods where the bank is opened and this property has a number of large trees along the waterfront. When the tmstee's met with Inter Science in February of this year. We were told to construct a new dock perpendicular to the shoreline off the existing stairs. The Board did not know that over the existing docks because it comes too close to the tides there. The original plan that we filed proposes the new dock in the same location of the existing dock. Basically the reason why they wanted to do that. If you look here. There is an over view. It was original designed by landscape architect in New York City. The guys name is Charles Dowling Wade and it was installed for Emerson in 1900-1910. Those gardens lead down to the waterfi:ont in front of the house. They would like to keep the dock the ~vay it is. If you take a look at the photos to me it is with the application If you look at photo number 10. You can see that it is only a slight angle. (TAPE CHANGE) In terms of the bulkhead we were given a directive that concrete pilings are present. They are to be removed and to be installed with 18 inches in place of the concrete bulk heading. C-Loc will be installed immediately seaward at the old concrete sea wall. Footings will be taken offin many places. It is so rotten that is just has to be removed. Other places it will be broken off by hand and we can reply with that directive. Without a problem. Concrete footings are not present. The Trustee's directive to install the sheathing within 18 inches. In fact we are installing it immediately seaward. So we are complying with it. The one bulkhead is present the pilings have to be removed and the sheathing is to be installed with 18 inches of the face of the existing bulkhead. We had a similar directive fi:om New York DEC. The response to that is if we cut the pilings off at this section. The face of the bulkhead and the banks will be unstable. Makes it a very unpredictable job it will probably double the costs of the installation. I think we have a better answer. The answer is we are installing the 20 sheet piling the plastic sheath piling. In front of the pilings and it is a sea wall. There is a whale in front of it and followers behind it. There are pipes bolted together and then the piling system is used to straighten the bulkhead. We do not have pilings in front of it. So that is the sea wall. We think that this is a good answer. To remove all of those pilings and to install the project in unconventional manner which is a large problem with additional costs and also make the bulkhead unstable. When the project is being constructed. However, Fran Anderson has expressed some interest in the plantings. I had advised her that the Board of Trustees normal require twenty foot non- fertilization buffer behind the bulkhead. In the area behind the new sea wall' except where the big treeS are have an opportunity to plant up that twenty feet. So what we would like to do. To address the environmental issue is offer to the Town to provide a planting plan that shows native species used in that particular area. Spelled out on a plan that Inter-Science can prepare and submit the next time. So we ask you for yOur comments and you should be aware that during the init/al field inspection shortly thereafter recommended that we have a 4xl 8 catwalk 4x15 ramp and 6x20 float. What is proposed is a 4x30.-1/2 foot catwalk and 6x13 foot six inch Platform. The square footage that being used in the fixed catwalk and the little platform ar the end which they are going to tie boats is smaller than the square f*otage of the catwalk ramp and flat assemble that the Trustees recommended. TRUSTEE POLIWODA: If you can back up. what did you say about the boat and ramp. Said that there was permit was in place. JIM WALKER: During the field inspection. I believe that the Board of Trustees and I was not there. Some one was there from my office. When you first came what was recommended. The outcome of the meeting was a 4x18 foot catwalk 4x15 ramp down and 6x20 float. You would have to pile pulleys built, what we are proposing is 4x30 foot six inch fixed catwalk and a 6 foot by 14 foot 6 platform. Everything elevated. TRUSTEE POLIWODA: I do not recall recommending that. As per now 16 foot catwalk. JIM WALKER: My notes You may remember better than I do. If you want to tell me what your recommendations where? TRUSTEE POLIWODA: Sixteen foot catwalk allowing another nine feet (canno! understand) that gives you 4 feet by 25 foot catwalk and that is what I recalled we recommended. JIM WALKER: The boat that is moored out there and I really can get a Permit from the DEC today. TRUSTEE POLIWODA: Oh you would get that.. JIM WALKER: I have been processing permits for nineteen years. In fi:ont of New York State DEC TRUSTEE POLiWPDA: If you ask for a float in shallow waters you may have a problem. But a fixed catwalk. 21 JIM WALKER: Just tying a boat off. In any case If you would like us to work on the resolution about the dock I will be happy to do so. And we need to go back and consider it a little bit before we submit it. Now that I have clearer information from your field inspection. I like the Board's reaction to the bulk heading replacement. The idea of planting native species behind the bulkhead. If you would. TRUSTEE POLIWODA: I did not have a problem with any of the bulkhead work. JIM WALKER: No problem. TRUSTE KING: It still fastens in the middle of the bulkhead. Can that be pulled out. I am just asking. ANGELO STEPNOSKI: With C-Loc 9000 it can hold that. (cannot understand) CHARLOTTE CUNNINGHAM: You are going to have to speak into the micro phone. ANGELO STEPNOSKI: The 9000 C-Loc can hold that profile that actual distance. We are using the commercial strength the 9900 which is a thicker version of 9000 and it can handle it pretty easy. Especially with a function bulkhead behind it. TRUSTEE DICKERSON: Artie, do you have any comments or questions? TRUSTEE FOSTER: No, I had the same concerns that Jim had. Which they just addressed. TRUSTEE DICKERSON: Anyone else like ro speak? JIM WALKER: The planting plan. The bulkhead meets the okay with the Board of Trustee's. So we are going to have to speak with the State regarding the dock. After I get some feed back from the State perhaps we can have another Field Inspection. TRUSTEE POLIWODA: Again I do not you see have a problem with this catwalk. ANGELO STEPNOSKI: A twenty five catwalk is basically useless. TRUSTEE POLIWODA: Better than what they have now, they have a sixteen foot catwalk in a high traffic area. ANGELO STEPNOSKI: A high traffic area, the channel is all the way on the other side of the property. The Anderson's own a half mile of waterfront and they are asking for a 45 foot dock. TRUSTEE POLlWODA: There are navigational concerns. Come around that bend. ANGELO STEPNOSKI: A forty five foot of dock is no navigational concem. At all. JIM WALKER: Well in any case, Ken, since we are project sponsor is here and let us go back to DEC and we will take a look at the property and then we will call the Board of Trustee's and have a Field Inspection. TRUSTEE DICKERSON: I will make a Motion to Table the application. 22 TRUSTEE FOSTER: Seconded. TRUSTEE DICKERSON: All in favor. ALL AYES 17. Eva M. Szabat on behalf of LINDA S. SANFORD request a Wetland Pemtit to demolish existing residence construct new residence - renovation of existing garage. Located: 780 Private Road 17 Southold, NY SCTM#81-3-27.1 TRUSTEE KRUPSKI: Is there anyone here who would like to speak on behalf of the applicant? LINDA SANFORD: I am Linda Sanford my sister is not here with me tonight but I do have my architect Chuck Napoli and my environmental landscape architect Erwin Potter. We are here to request a Permit to take down an existing home and to build a new home. The property I recently purchased on Paradise Point - right off of Paradise Point Road. TRUSTEE KRUPSKI: Before we ask you any questions? Are there any other comments? Board have any outstanding comments? The only question that I had was the septic system location? Which of you fellows are going to answer. CHARLES NAPOLI: There is a septic system already in place and that will be within thirty to forty feet where it is right now. TRUSTEE KRUPSKI: I have on the plans that we received. On the survey I could not find it. On the plans it might be there. It shows every tree on the survey. TRUSTEE FOSTER: It was exposed when we were there. The one cover was exposed. It looked like someone dug it up. TRUSTEE KRUPSKI: It is one hundred fifty feet off the high water mark. Our set backs are one hundred feet for a septic system. We just wanted to make sure that was correcl CHARLES NAPOLI: We are putting in a new system. So obviously it will conform to all the restrictions. TRUSTEE KRUPSKI: You have to go through the Health Department. CHARLOTTE CUNNINGHAM: Could you specify your name for the record. CHARLES NAPOLI: I am Charles Napoli I am the architect. TRUSTEE KRUPSKI: My only recommendation that we are going to have is drywells and gutters for the new house for the roof run-off. Stake row of hay-bales at the top of bank during demolition and construction. Any other questions? TRUSTEE POLIWODA: No TRUISTEE KRUYPSKI: Do I have a Motion to close the hearing? TRUSTEE KING: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES. TRUSTEE KRUPSKI: Do I have Motion to Approve the application. TRUSTEE DICKERSON: Seconded. 23 TRUSTEE KRUPSKI: All in favor. ALL AYES 18. En-Consultants, Inc. on behalf of FRANK & LOUISE MARCIGLIANO, As Contract Vendees request a Wetland Permit to construct a two story, one-family dwelling on pilings; install a sanitary system, pervious driveway, drywell drainage system, and public water service, establish a 50' wide non-disturbance/non-fertilization buffer adjacent to the tidal wetland boundary, remove existing driveway and replant with native vegetation the approx. 1,150 sq. ft. portion of existing driveway located within the proposed buffer area. Located: 1800 Cedar Beach Road, SouthoId, NYSCTM#89-2- 3 POSTPONED ASPER AGENT'S REQUEST 19. En-Consultants, Inc. on behalf of STRONG'S MARINE request a Wetland Permit to restore non disturbance buffer adjacent to tidal wetlands by removing parking material, planting with native vegetation and establishing earthen curb and gravel lined swale as depicted on the project plan. Located: 2306 Camp Mineola Road, Mattituck, NY SCTM#122-9-3 & 6.2 POSTPONED AS PER AGENT'S REQUEST 20. En-Consultants, inc. on behalf of DONNA BLANCHARD request a Wetland Permit to remove and replace in/kind in/place approx. 27 linear feet including 5'& 7' of existing timber bulkhead and backfill with approx. 5 cy. of clean sand to be trucked in from an upland source and planted with beach grass (18" on center) replant (12" on center) any disturbed spartina altemiflora adjacent to southerly return. Construct a timber dock, consisting of a 3'x 10' hinged ramp to extend from bulkhead onto a 6'x12' float secured by (2) 8" diameter pilings. Located: 50 Budds Pond Road, Southold SCTM#56-5-21 POSTPONED AS PER AGENT'S REQUEST 21. Eh-Consultants, Inc. on behalf of EDGEWATER I, LLC request a Wetland Permit for a 4'x8' timber platform and 4'x23' timber stairs including 4'x4' platform down bluff to beach access to structure will 24 be provided by existing 3' wide cleared wood chip path. Located: 63615 County Road 48 Greenport, NY SCTM#40-1-20.1 TRUSTEE FOSTER: I looked at it I have that file right there. Any comments on this application? ROB HERRMANN: Rob Herrmann of En-Consultants on behalf of the applicant Edgewater I LLC. Application is self explanatory the only aspect worth noting is just that the fact that the stairs rather than leading from the very top of the bluff down. In order to reduce the structure. It will take advantage of the existing path. Until it reaches the elevation of which the slope is so steep that the stairs go down to the beach. There are pictures that we submitted with the file. I have other copies here if you want to see what that path look like. TRUSTEE FOSTER: I looked at it. TRUSTEE KRUPSKI: Any other comment? TRUSTEE FOSTER; No other comments? Any Board comments? TRUSTEE KRUPSKI: None from me. Close the hearing Artie. TRUSTEE FOSTER: CAC comments recommend an Approval of the application with the stipulation that the path is graded and wood chips are replace and the edge of the path is stabilized with beach grass. TRUSTEE KRUPSKI: Will that grow? TRUSTEE FOSTER: Probably not. It is not the right kind of the soil to support that. As you can see by the pictures. The path of the stairs are going to take. There has been some slight erosion there. TRUSTEE KRUPSKI: Once you stop traffic on it. The vegetation will close it right up. TRUSTEE FOSTER: Once the stairs are in. I was going to recommend that there be no other clearing other than where the stairs themselves go. Path remain the same. That the sides be left alone so that they will revegetate. So with that. Any other comments? I will make a Motion to close the hearing. TRUSTEE DICKERSON: Seconded. TRUSTEE FOSTER: All in favor. ALL AYES TRUSTEE FOSTER: I will make a Motion to Approve the application. TRUSTEE POL1WODA: Seconded. TRUSTEE FOSTER: All in favor. ALL AYES TRUSTEE FOSTER;: With the stipulations that I previously stated. All in favor. ALL AYES So moved. 22. En-Consultants, Inc. on behalf of DEBRA COADY request a Wetland Permit to remove existing "seasonal" dock & construct in same location a "permanent" fixed timber dock. Consisting of a 4'x89' fixed catwalk, 3'x14' ramp, and 6'x20' float to be secured by (4) 8" diameter piling, and install (2) two pile dolphins. Float and ramp will 25 continue to be removed seasonally Located: 2625 Oak Avenue, Southold, NY SCTM#77-1-1 TRUSTEE POLIWODA: Anyone would hke to comment on this application? ROB HERRMANN: Rob Herrmann of Eh-Consultants on behalf of the applicant Debra Coady. Hopefully this is also fairly straight forward application. There is an existing dock. That is in the water now that has been there since the 1950's when there was a Permit issued long long ago. By the Board of Town Tmstees. It is however, a seasonal dock and it is the Coady's wish to make the fixed catwalk portion of it permanent. The ramp and float obviously would continue to be removed seasonally and the dock will essentially be in the same location as the dock that is there now. Except access would be gained from the up-land rather than starting on the beach. The Board has another questions ~ could address it. TRUSTEE KRUPSKI: I will take any other comments? NEIGHBOR: Yes, my name is Jim Terranova, I live at 725 Oak Avenue I just had a couple of questions. One is this dock in any way gmng to prohibit the use of the shoreline. Since it now comes up from their property line rather than the beach line. TRUSTEE POL1WODA: The Board questioned that also when we are out there on field inspection? ROB HERRMANN: Well you still would be able to walk over and around and over the dock if it was the Board's pleasure. We could provide typicalsteps. There is an area that would be located between high and low water essential in the area that would beyond the Coady's property that would allow pedestrian access up near the dock. It is fairly similar to what is along the shore line. As far as access is concerned, but I am sure that we can add access steps on either side of the catwalk. TRUSTEE KRUPSKI: You are absolutely right this is a substantial change. We looked at the old permit issued May 25, 1959 for a 45 foot by 3-foot dock. NEIGHBOR: Twice the size. TRUSTEE KRUPSKI: This is a substantial change from what was originally permitted. The Board did have questions about that. We also measured what was currently there. Field notes somewhere. What do you have? TRUSTEE DICKERSON: Forty-three foot fixed - nine-foot ramp-. eleven foot float. TRUSTEE KRUPSKI: So that is a substantial change what was applied for. The ramp and float were not even permitted and they are out there. ROB HERRMANN: Well, I had asked Mrs. Coady about the history of the dock and the dock was originally approved to David Dowd in 1959 However Mrs. Coadyreports that around 1980 or so. The dock 26 was expanded to what you see now. She has provided me with series of photographs and other documentation showing the dock as they had expanded it probably over twenty years ago. They have been instalhng this dock every season for over two decades I think without any complaints. In other words the dock would have been expanded from what was permitted by the Town Board in the 1950's. Before your Board had jurisdiction to issue a dock permit for it. So that is my understanding. TRUSTEE KRUPSKI: No because our jurisdiction is always with Andros Pattern. Which goes back three hundred years plus. Because it is built on Town property. We always had the jurisdiction over that dock. ROB HERRMANN: Okay. NIEGHBOR: One other question where are they going to store a 6'x20' floating dock. Right now the temporary dock and floating dock that they have are probably eight foot sections. They store it on their property. How are you going to pick up a 6'x20' floating dock where are you going to put it? ROB HERRMANN: Well floats are stored up-land very commonly throughout the east end. NEIGHBOR; The other question that I had. Right now the Coady's have one or two moorings that are out in the bay. Right now the Trustee's have this moratorium on extending any more moorings. What is going to happen with the moorings that they have out there? Are they still going to be able to keep the mooring and have a twenty foot floating dock on top of that. The other people are waiting for moorings. TRUSTEE POLIWODA: We were not too favorable about pushing the dock out further into those moorings. NEIGI-I]3OR: Well it is not only pushing it out into the mooring but are they going to be able to keep the moorings plus have the dock. That is my concern. ROB HERRMANN: Well the dock is proposed to be extended four feet beyond where the current dock goes. I have it on the plan. I show the limits both seaward and landward extent of the existing dock here. This is where the existing dock takes up. So there is a four foot seaward extension and the rest of the extension is landward. I realize it would almost be my heart would stop if a dock application did not have a lot of controversy. I did not think that any would object to a landward extension of the dock. TRUSTEE KRUPSKI: In this case it is into an area that there is a strange paper road down there. Which we are familiar with. I am not inclined to issue any permit for a dock that would bisect the street. TRUSTEE POL1WODA: One point that I will bring up. That is a highly used area for shell fishing. But it cuts off shell fishing and scalloping. 27 ROB HERRMANN: I cannot see that would be for you to put the float out. They would be able to dock a boat on either side whether the boat is safely berthed up on the opposite by pilings. I do not see how that would affect shell fishing in this area. The physical space that is being occupied is by the boat. TRUSTEE POLIWODA: Once you have four pilings. I do not believe two are necessary. ROB HERRMANN: What sense it makes. In other words they are being proposed to secure a slip. You are saying that you would want one at the end? TRUSTEE POLIWIDOA: One in the front and one in the back. ROB HERRMANN: As opposed to the inside. TRUSTEE KRUPSKI: I agree with Ken. There seems to be a lot of pilings out there also. ROB HERRMANN: How would that affect shellfish?. TRUSTEE POLIWODA: It monopolies the bottom. TRUSTEE KI~UPSKI: Right now you have a structure that is not even legal now. If there was nothing there. We would not approve this. I think that the Board is inclined to approve what there is perm aneut. But without all the extra pilings and what not. ROB HERRMANN: What if the pilings that were associated with the float were just removed as they are now. In other words that entire structure was taken down. TRUSTEE POLIWODA: That would be fine. ROB HERRMANN: Pull it out and use pipes but as long as the pilings are used are pulling out with the float and ramp TRUSTEE KRUPSKI: Not all those pilings? ROB HEI~3~v~ANN: Ken is talking about the pilings that are sharing the float. He is saying that if the float is taken out and the pilings are left that is object able. I am saying when the float is taken and obviously a contractor is going to have to remove that material and remove the pilings. Well that is part of the problem is what they have there now. Is pretty rickety. TRUSTEE KRUPSKI: I was on it and I am going to disagree. NEIGHBOR: My real question really is I have not objection to the dock other than preventing access to the beach. My question is what happens to the moonngs. Is he able to keep those moorings. I do not know if there is one or t~vo registered with the house. When the dock can hold a boat. Why should he have two moorings on top of it. That really is my question. RIOB HERRMANN: I can only respond to that in two ways. One I really do not know about the Coady's moorings. So I cannot really respond. My second response to that would how is that different from the way it has been for how many years. There is a dock there now and it can dock two boats. 28 NEIGHBOR: What the difference is. Now there ~s a moratorium on moorings. People are waiting for moorings. By allowing someone to build a dock with two docks But they do not dock the boats at the dock. Now they are going to have a permitted dock to put two boars and then there be one or two moorings. I do not know how many they have there. Now they will have that. When you have other people in that Goose Creek area like me among them waiting for a mooring. That is one of my objections. TRUSTEE POLIWODA: Our policy is that we either allow a dock or a moonng. You cmmot have both. TRUSTEE KRUPSKI: Are these moorings registered under Coady's name? ROB HERRMANN: So it must be the Coady's. NEIGHBOR: There is another one there and see the man who owns the boat at the Coady's all the time. I do not know whether it is a Coady's mooring or it is. It is one or two? ROB HERRMANN: I would have to get back to Debra Coady and maybe as simply saying. If you are allowed to have a more useable structure that you are going to dock the boats at. Is there any reason that you would want to keep the mooring. She may say no. Which would make you happy and answers his question. But I cannot answer that. Right at this moment. TRUSTEE KRUPSKI: I think that we will have to address that independently of this. When we do mooring renewals in the winter. Since if they do get a permanent dock. Certainly to fill their requirements. ROB HERRMANN: The other issue seems to be the landward access If the street were quote on quote street were not an issue normally the way the issue is resolved is just to allow continued pedestrian access over the dock with steps. If your concern goes further than that to the fact that there is a paper road there. I did ask Mr. Coady about it. He said that seemed to be a useless renmant of when this map was made. However the file map was done how many years ago. I would not image the Town of Southold is going to open a road along your creek front. NEIGHBOR: That was a private road not a town road. ROB HERRMANN: I cannot expect that any road would be. We are talking about two pilings versus four pilings I cannot imagine there are going to road approved there. TRUSTEE tCRUPSKI: Actually you might say that we have been down this road before. I think that it is important. That area opened anyway. I think that if we give them a permanent dock and then we legalize a ramp and float. I think that they should be happy with that. It would not encroach on the road portion. ROB HERRMANN: You would be talking essentially. 29 TRUSTEE KRUPSKI: Essentially what they have is a permit for 45x3 plus the ramp and the float as proposed. Is that right Ken? Three foot sufficient. TRUSTEE POLIWODA: That is not what we measured? 43.9 and 11.. ROB HERRMANN: Are you talking about what was approved in 19597 TRUSTEE KRUPSKI: That is correct. ROB HERRMANN: The junior high school sketch on it. I do not know how you can. TRUSTEE KRUPSKI: I would like to see the sketch because we do not have it but it does not matter. It is 45x3 are what the dimension is on the permit. ROB HERRMANN: What is there now from the point that it starts is exactly what Artie just said. It is sixty-three feet TRUSTEE KRUPSKI: Right. ROB HEi~R_MANN: In other words are you I guess my question is do you have substantial objections to the idea that this float would extend four feet beyond where the existing float extends. The point of this is to get again to try to avoid fifteen months of controversy going between you and the DEC arguing over four feet and two inches of water. This dock as proposed for the dock that exists. I am hearing you that were not approved forty-five years ago. But is consistent with the entire shoreline there and has been this over twenty years. I think without certainly without complaint. It is never been an issue before. TRUSTEE KRUPSKI: Well I do not think we are going to use it as an argument for it. Because of what is there. I do not have problem with it. I do not think that anybody has a problem with it that extra four feet. TRUSTEE KING: I do not.. TRUSTEE KRUPSKI: I just want to make that clear. I am not trying to agree with it because it was there for twenty years. It has nothing to do with it. Because we looked at. ROB HERRMANN: ~ was saying that as a point of reference. A lot of times. There are some questions what kind of impact is this going to have on navigation, neighbors etc. TRUSTEE KRUPSKI: No ROB HERRMANN: So at what point in other words ifI go back whatever. What is on the old permit? TRUSTEE FOSTER: It is forty five by three feet wide. That was permitted. TRUSTEE POLIWODA: What exists now sixty-three feet. So if you work backwards you can figure out how much the catwalk you have. ROB HERRMANN: If it came back. TRUSTEE KRUPSKI: You are looking a sixty-seven feet to work with structure and that would stop. 30 ROB HERRMANN: So in other words is it acceptable with the other changes that Ken discussed to have it extend to where we are showing it. But than on the landward side has it end before the street. TRUSTEE KRUPSKI: Where it ends currently. So it would be about sixty-seven feet of structure. ROB HERRMANN: It would be more structure than what was approved 1959 but less than what was... TRUSTEE KRUPSKI: Correct, another twenty-two feet actually. Which brings up the question of the three-foot w/de catwalk that is a possibility. ROB HERRMANN: Most of these docks are approved at four feet wide. TRUSTEE KRUPSKI: We just like to minimize it. If we get an applicant that says that it does not care three foot is plenty Because of conditions on the site. We would rather have it three feet. It is really important for the applicant to have it four feet. I do not think that the Board is going. ROB HERRMANN: It is not going over any vegetated marsh. Let me absorb everyth'mg that the Board suggested. Go back to Mrs. Coady. If she is agreeable to all of this. I will modify the plan (tape change) TRUSTEE POLIWODA: I do not know if that is her dinghy out in the beach grass? There are three dinghies there as you walk down from the road. NEIGHBOR: All the dinghies and the boats that are there. They are from the association. TRUSTEE POLIWODA: They should really be moved over to the sand. They are laying right on top of the old beach grass. NIGHTBOR: No not really they are just on the edge. Because the Coady's have a fence. Are you talking about the boats that are on the other side. They are the Coady's boat. But if you are talking about the one at the end of Cedar. TRUSTEE POLlWODA: They are on the grass. NEIGI-IBOR: They cannot be the ones that live in the association It has to be the boats in front that are the Coady's have. Two or three boats. That they pull up. The others are really with the association people that have their own dinghy to go out on the bay. There is no grass. TRUSTEE KRUPSKI: Just two pilings for the float they do not need double dolphins for that area. TRUSTEE POLIWODA: Pilings for the catwalk 8 inch on the float. ROB HERRMANN: Say that again. TRUSTEE POLIWODA: Six inch pilings for the catwalk and eight inch pilings for the float. TRUSTEE KRUPSLI: The structure design would start fifty three feet from the concrete wall. ROB HERRMANN: All right. 31 TRUSTEE POLIWODA: Half inch spacing between decking. ROB HERRMANN: Let me go back to them and then I will come back to you TRUYSTEE KRUPSKI: [ will make a Motion to Table the hearing. All in favor. ALL AYES 23. En-Consultants on behalfofKATHLEEN & RICHARD O' TOOLE request a Wetland Permit to remove approximately 91 linear foot of existing timber bulkhead and replace (in-place) with approximately 91 linear feet of vinyl bulkhead to be backfllled with approximately 10 cubic yards of clean sand to be tracked in from an upland source establish a 10 foot wide non-turf buffer adjacent to bulkhead a as depicted on the project plan- construct a 20'x40' swimming pool and deck, and remove existing cesspools, an upgraded sanitary system will be installed more than 100 feet from the high water line. Located 2289 Ole Jule Lane Mattituck, NY SCTM#122-4- 10 TRUSTEE KRUPSKI: Anyone like to comment on this application? Would Rob Herrmann like to speak. ROB HERRMAN: Rob Herrmann of En-Consultants on behalf of Richard and Kathleen O'Toole. I will try to save you some time. I think the application is pretty straight forward. The one problem that was addressed before the hearing. Was apparently, one of the floats that the O'Toole's had inherited. From the prior owner on this property Charlotte did forward me some minutes. It appeared that John Holzappel and Jim King had reached a point of saying come back with a dra~ving showing 6x20 float and we will approve it. The prior owner just never came back. What went in went in. The floats would have to be removed temporarily to replace the bulkhead anyway. So the O'Tooles have gone ahead and done that. Then afterwards they can come back to the Board to go through the process of proposing a dock. That I would suspect would be just consistent with what Jim and John had spoken about years ago. Unless you had any change of heart on TRUSTEE KRUPSKI: The problem there was that they had forty foot of float and then they had a big boat moored on the outside. Which really blocked the channel. What we had conditioned then was that there be a 6x20 float, which is a standard size, the boat be stemed up to the float. Against the bulkhead but stemed up to the float. So that they can access the boat from the stem only. That way the channel that is very narrow there. Would not be blocked. ROB HERRMANN: I do not think the O'Tooles have any problem with doing that. But il seems in the interest of impedance is to get it basically clear. To prevent a violation now. 32 TRUSTEE KRUPSKI: Then you can amend the Permit. TRUSTEE POLIWODA: You can stipulate that right now. TRUSTEE KRUPSKI: You can amend it now if you want. ROB HERRMANN: I would rather not change any thing. The pool there is a ten-foot non-turf buffer. Part of which is already on the property. We would be moving the sanitary system that is less than fifty feet from the bulkhead up by the road and out of your jurisdiction. TRUSTEE KRUPSKI: Are there any other comments on this application. Do I have a motion to close the hearing? TRUSTEE KING: So moved. TRUSTEE POLIWODA: Seconded. TRUSTEE KRLIPSKI: All in favor. ALL AYES. Someone would like to make a Motion to approve the application. TRUSTEE DICKERSON: I will make a Motion to Approve Kathleen & Richard O'Toole request for a Wetland Permit to remove approximately 91 linear feet of existing timber bulkhead and replace with approximately 91 linear feet of vinyl bulkhead to be backfilled with approximately 10 cubic yards clean sand to be trucked in from an upland source establish a 10 foot wide non-turf buffer adjacent to bulkhead as depicted on the project plan- construct a 20'x40' swimming pool and deck remove existing cesspools and upgrade sanitary system. Will be more than 100 feet from the high water line. Backwash drywell for swimming pool ROB HERRMANN: Is that not shown on there? I think we had it on there. It is definitely on the survey. TRUSTEE KRUPSKI: It is. Thank you. TRUSTEE DICKERSON All in favor. ALL AYES 24. Costello Marine Contracting Corporation. on behalf of CHARLES REHWlNKEL request a Wetland Permit to construct a 4'x34' fixed dock leading to a 32"x12' aluminum ramp, and ending with a 6'x20' float in a "T" configuration secured by a single pile dolphin on each end. Located: 1450 Glenn Road, Southold, NY SCTM#78-2- TRUSTEE FOSTER: Would anyone like to speak on this application? JOHN COSTELLO: John Costello of Costello Marine Contract'mg Corp. We are the agent for Charles Rehwinkel. If there are any questions the Board has on this application. I will be happy to answer them. TRUSTEE KRUPSLKI: I really do not have any comments TRUSTEE FOSTER. I have none. TRUSTEE KRUPSKI: Are there any other comments? Not to disappoint Mr. Costello someone has to have some questions JOHN COSTELLO: I am against this. I withdraw that objection. TRUSTEE KRUPSKI: Any one want to close the hearing? TRUSTEE FOSTER: Everyone in favor of this on the Board. A 33 motion to close the hearing. TRUSTEE DICKERSON: Seconded. TRUSTEE FOSTER: All in favor. ALL AYES I will make a Motion to Approve the application of Costello Marine Corp. on behalf of Charles Rehwinkel. TRUSTEE KING: Seconded. TRUSTEE FOSTER: All in favor. ALL AYES Approved 25. 26. Costello Marine Contracting Corp. on behalf of JAMES MILLER request a Wetland Permit to construct a 6'x40' ramp, continuing with a level 6'x110' dock and ending with a 6'x24' "L" dock pointing northeast. From the "L" dock, installing a 32"x12' ramp leasing to a 6'x20' float. Installing a 15,000 lb. boat lift on the southwest side. Located: 1610 Paradise Point Road, Southold, SCTM#81-3-19,4 POSTPONED PER APPLICANT'S REQUEST Costello Marine Contracting Corporation onbehalfofERIC SCHLAEFER request a Wetland Permit to remove and dispose existing timber bulkhead. -construct 169' of new bulkhead (w/C-Loc Vinyl Sheathing) including 6' return on northwest end installed in- place of existing. Located: 150 Knoll CirCle, East Marion, NY SCTM#37-5~6 TRUSTEE FOSTER: Anyone would like to speak in favor or against this apPlication. JOHN COSTELLO: Again, I am John Costello, of Costello Marine Contracting. We are the agent for Mr. Schlaefer on the bulkhead replacement. The only comment that I have is that ordinarily I would be less reluctant to remove a pre-existing bulkhead because of the contamination in the soil. But with this channel and Spring Pond is so narrow and it is my recommendation that they replace it in the same place. Using vinyl. TRUSTEE KRUPSKI: We can look for a ten foot non turf buffer there. TRUSTEE FOSTER: Any other comment? JOHN COSTELLO: I have one question. I heard the comment earlier by Mr. Foster that you do not allow CCA - it has to be vinyl. Is that a Board policy. It is a policy. TRUSTEE FOSTER: It is. JOHN COSTELLO: How would I know about this. I did not know it was a policy I like the vinyl because it lasts and will not be a renewal of the project~. It certainly is more money. TRUSTEE FOSTER: You high rollers have been putting that vinyl in for a long time. Nobody has even asked for CCA. TRUSTEE KRUPSKI: You really do not get any CCA applications. 34 TRUSTEE FOSTER: We have not had any CCA application. Except for that lady that was here tonight in a long time. TRUSTEE POLIWODA: It has been about four year since we have seen one. JOHN COSTELLO: I have seen resheathing jobs with CCA. It has nothing to do with this application. But if it is a policy. TRUSTEE KRUPSKI: Is it on our web site. TRUSTEE DICKERSON: I just asked, I have to check? TRUSTEE FOSTER: We adopted it I do not know if we publicized it. Or not. JOHN COSTELLO: This is the first time I heard of it. When you made the comment. TRUSTEE POLIWODA: I th'ink that it is on the web site. JOHN COSTELLO; I did not know that you had a web site. TRUSTEE KRUPSKI: No it is not in the computer. It is just a web site. JOIqN COSTELLO: What is the web site? TRUSTEE DICKERSON: It is under Southold Town. TRUSTEE FOSTER: Any Board comments on this? TRUSTEE KRUPSKI: No. TRUSTEE FOSTER: There is one other issue. There is a down spout the roof gutter is draining into. There is a picture here showing the pipe so I would recommend that pipe be removed and accommodations to take that water from the roof be addressed. Where is that picture? TRUSTEE KRUPSKI: I remember that. TRUSTEE FOSTER: Do I have a Motion to Close the hearing. TRUSTEE POLIWODA: So moved. TRUSTEE KING: Seconded. TRUSTEE FOSTER: All in favor. ALL AYES [ will make a Motion to Approve the application for Eric Schlaefer to replace 169 feet of new bulkhead with C/Loc Vinyl including a 6 foot return and leaving a ten foot non-turf buffer behind the bulkhead. Putting in drywells to take roofrun-offor whatever that pipe is coming from. TRUSTEE KING: Seconded. TRUSTEE FOSTER: All in favor. ALL AYES JOHN COSTELLO: Just have a quick question on #25 because I had an earlier discussion with Mr. Miller and he was not the one to request the postponement but he was told that the Board was given so much information. They provided with additional information that they did not have the time to property review it. TRUSTEE KRUPSKI: That is correct. JOHN COSTELLO: It was the Board's desire. He would understand that because there was additional information submitted. The Board needs the time to review. He would not object he told me. There was no objection on his part to be postponed. 35 TRUSTEE KRUPSKI: That is the reason. 27. Proper-T Permit Services on behalf of GREGORY MAZZANOBILE request a Wetland Permit to construct single family dwelling with pool and decks: install on site sewage disposal system. Located: 1460 Lake Drive, Southold, NY SCTM#59-1-21.6 & 21.7 POSTPONED AS PER AGENT'S REQUEST 28. 29. 30. Proper-T Permit Services on behalf of SALVATORE GUERRERA requests a Wetland Permit to construct a dwelling with on site sewage disposal system and public water. Construct fixed walkway 4'x178', hinged ramp 4'x.16'. and floating dock 6'x20'. Floating dock to be secured by two piles. Located: 1450 Ole Jule lane, Mattituck, NY SCTM#122-4-44.6 POSTPONED AS PER AGENT'S REQUEST Proper-T Permit Services on behalf of PETER BOGER requests a Wetland Permit for the existing concrete bulkhead 23'9" overall length, with small stone armoring on seaward side, permit existing small stone return configuration at south end of bulkhead at grade 9' +/- overall length. Located: Windy Point Lane, Southold, NY SCTM#87-4-4 POSTPONED AS PER AGENT'S REQUEST JMO Environmental Consulting onbehalfofJEAN A. SAUNDERS request a Wetland Permit for a dock 14 feet west of existing dock - old dock shall be removed replace with new 4'x86' catwalk 3'x20' ramp and 6'x20' float secured by two pilings new set of4'x20~ steps up the bluff. Located: 4322 Westphalia Road, Mattituck, NY SCTM#113-9-9.2 TRUSTEE POLIWODA: Anyone like to speak on behalf of the applicant. TRUSTEE KING: I did not have a problem with it. When we first looked at it. It looked as if it was extensively larger. TRUSTEE KRUPSKI: Maybe you want to give him a permit with the new plan showing the 21 feet past the old one. We can table it again. We can measure up to here the stairs. TRUSTEE POLIWODA: Any pictures we can measure from the marsh line. TRUSTEE KRUPSKI: Can we approve it subject to you measuring it as far as the marsh tine and then have him redraw the plans. You want to do that we can approve it subject to you measuring it. If the stakes still there. You can measure it and then he will have to give us 36 a new drawing. TRUSEEE KING: Okay TRUSTEE POLIWODA; What do you th'ink the width is? TRUSTEE FOSTER: It does not look pretty wide the width of the channel itself. TRUSTEE KING: He had an aerial photo TRUSTEE POLIWODA: No other comments. I will make a Motion to close the hearing. TRUSTEE FOSTER: Seconded. TRUSTEE POL1WODA: All in favor. ALL AYES. Jim do you want to make a Motion TRUSTEE KING: I will make a Motion to Approve the application and I will go out and check the measurements of the stake that is in the water. That is suppose to represent the seaward side of the boat. Probably will need new drawings. TRUSTEE POL1WDOA: Seconded. TRUSTEE KING: All in favor. ALL AYES TRUSTEE KRUPSLI: Are we going to Table the next one until August meeting? CHARLOTTE CUNNINGHAM: They are going out on August 7th. TRUSTEE KRUPSKI: I will make Motion to Table the application of Joseph Kaddis, Jr. Do I have a seconded on that? TRUSTEE FOSTER: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES 31. JMO Environmental Consulting on behalf of JOSEPH A. KAl)DIS, JR. request a Wetland Permit to construct a single family dwelling, associated sanitary system, waterline, underground utilities, deck, covered porch garage and patio - all structures shall be located 103 +/- feet landward of the tidal wetland boundary with a 75 foot non-disturbance buffer. Located: Private Road, Fisher's Island, NY SCTM#3-3-3.4 32. JOHN L. ItURTADO request a Wetland Permit to construct in- ground pool 4'foot fence 75 feet fi:om bluff to construct wood stairs and platforms on bluff to construct wood dock into Southold Bay. Located: 10995 North Bayview Road, Southold, NY SCTM#79-5- 20.13 TRUSTEE KRUPSKI: Anyone like to speak in favor of the application? CATHERINE MESIANO: Catherine Mesiano on behalf of the applicant. Mr. Hurtado already mined in his notices of mailing. Mr. Hurtado has submitted an application for a pool and a dock at his property at North Bayview in Southold. First issue that I would like to address is with respect to the pool. He has included that in his application for a permit. After I scaled this out I see that the pool is more than one hundred feet ~om the high tide mark. So I think that we just need a Letter of Non-Jurisdiction. For the pool and also eventually he would intend to construct a tennis court significantly landward of that pool. So if we couldhave a Letter of Non JuriSdiction for the pool and tennis courts. That will take care of that issue. TRUSTEE KRLrPSKI: Where would the tennis court go? TRUSTEE FOSTER: It is on here. CATHERINE MESIANO: I can show you. Right on here. The Building Department will ask for it. So I just wanted to clarify that before. TRUSTEE KRUPSLI: I do not have any problem with the steps. CATHERINE MESIANO: Well we did not get to that part But anyway as far as the pool and tennis court are you agreeable to issuing a Letter of Non-Jurisdiction they are more than one hundred feet. TRUSTEE KRUPSKI: It seems appropriate. CATHERINE MESIANO: Okay then let us talk about the steps and the dock. We have steps that are approximately I think that they are about seven feet high to gain access fxom the lot which is not bulkhead down to the beach We are proposing a fixed dock into the bay for the obvious purposes. The sketch that Mr. Hurtado presented you. We would like to make revision to that. What Mr. Hurtado is hoping to achieve is to construct a fixed dock that would start at the high tide line. Not at the bluff so it would not impede pedestrian access across and run the dock out to the point Which is four feet The length of that dock would be approximately 100 feet between 96 and 105 feet. I have photographs of the neighboring dock and what we are looking to build is the identical structure. This is 725 feet to the east of this property. I do know the person's name. I think it is one of the first pieces in Paradise Point. TRUSTEE KRUPSKI: Can we go back to the stairs. I have a question. Does it show here that they extend into the water? CATHER/NE MESIANO: No, if you look - it is probably a mis- representation. It is not intended that they extend into the water. Mr. Hurado is proposing a slightly more gradual incline. He is showing a 12 inch tread and six inch riser So it makes the length of the staircase approximately 12 feet. He is proposing 4x4 platform at the top of the steps and similar platform at the bottom as a way to anchor. Do you have the cross sections. TRUSTEE KRUPSKI: I am just trying to reference it to the water 38 here. It is the one with I cannot find the high water or low water. CATHERINE MESIANO: The zero is low water. TRUSTEE KRUPSKI: What it shows that it extends into the water. CATHERINE MESIANO: Yes you are right. TRUSTEE FOSTER: I do not think that survey is right. Because there is quite a beach there. TRUSTEE KRUPSKI: That is what it shows. TRUSTEE FOSTER: It doesn't show a beach here. There is quite a beach there from the bluff out to the water2 It is quite a distance there. TRUSTEE KRUPSKI: That is what I figured CATHE~ MESIANO: What I have here is the measurements that where taken and added to. TRUSTEE FOSTER: So those stairs are back by the ten foot contour then. CATHERINE MESIANO: They are, they come down off the ten foot contour which is actually the bluff. So if you have any questions or problems with the stairs? TRUSTEE KRUPSKI: I have no problem with the stairs. TRUSTEE FOSTER: No CATHERINE MESIANO: Which leads us to the dock. We are proposing plans for the dock. We changed the drawing the dock will not start at the bluff. The dock would start at the high tide line. So it will provide access across the beach. It would extend out about ninety six feet which will bring us to minus four at MLW. He is proposing no float no additional piles to the structure. No steps up and do~vn the structure. Photographs that I showed you are a description of what he would like to do on that property. TRUSTEE KRUPSKI: Once aga'm go back to the survey here. The survey only shows going to two feet at MLW. CATHERINE MESIANO: Again that was - Mr. Hurtado had drawn that in and realized that he had intended to bring it out farther but did not bring out to the four foot. I should note that when he did the site inspection the stakes that you saw, Because he just could not get any farther and was it at two feet. So as to have a point of reference. But given our knowledge of the area that is a perfect example of what he is looking to achieve. I would not suggest farther than that dock. It is not a high traffic area for boating. TRUSTEE KRUPSKI: Just to keep it brief. We tabled a similar dock application around the comer because we are studying the affects of docks on the bay right now. So we will Table this application as well except for the other things. Until we can actually acess the impact that the dock would have. CATHERINE MESIANO: Can we go back to the stairs? Because you did not answer one of my questions. I just want to clarify that. We have shown on that sketch a four foot platform that goes to the top and bottom which is to secure a landing. We do not have a bulkhead 39 to attach it to. There is none there. So we are showing platform top and bottom so as to be able to construct this properly so it holds TRUSTEE KRUPSKI: Any comment on it~ I do not have a problem with it. TRUSTEE FOSTER: No problem. TRUSTEE POLIWODA; No TRUSTEE KRUPSKI: It is not an excessively large platform. 16x20 we would have an objection. CATHERINE ~SIANO: No 4x4, I will give you a drawing that is accurate. TRUSTEE KRUPSKI: We will send you a letter with Non- Jurisdiction on the pool and on the tennis court. CATHERINE MESIANO Can I just take those photographs back. Until we go around this again. TRUSTEE KRUPSLI: Yes, I will make a Motion to close the hearing. TRUSTEE FOSTER: Seconded. TRUSTEE KRUPS~: All in favor. ALL AYES I will make a Motion to Approve the application for a set of stairs - two platforms 4x4 top and bottom. TRUSTEE FOSTER: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES 33. Catherine Mesiano, Inc. on behalf of GERALD C. KEEGAN request a Wetland Permit to construct first and second story additions to existing single family residence- west side +/- 8.5'x30' one story addition east side +/- 55'x64' two story addition consisting of attached garage- habitable space and covered porch, in ground pool and patio pervious driveway, remove existing garage. Located: 100 Beach;vood Lane, Southold, NY SCTM#70-10-52&63.1 TRUSTEE POLIWODA: Anyone would like to comment on this application? CATHERINE MESIANO: Catherine Mesiano on behalf of the applicant. Mr. Keegan purchased an adjoining property to his existing residence and merged the two. For the purpose of being able to place his house. So I think that should be noted: The description I think speaks for itself. We are proposing one and two story additions to the existing residence with s patio and deck attached to the east side of the two story addition. One thing that I want to point out. Which is not evident when you look at the survey. The patio that is proposed round the pool and again attaching to the proposed (cannot understand) Is intended to be a retaining structure that would provide means of holding back the fill that was used in this site. For the purpose of complying with the FEMA regulations. Mr. Keegan is proposing to 40 leave an entire area seaward of that retaining wall in a natural state. Right now there is not much there but we will be re-vegating that. With native plants grasses etc. We do not have a planting plan at this point because it is too immature. But I do want to condition the permit on that. I can provide you with something more specific. That area seaward of the proposed addition pool will be held in a natural state. The other change that you will see is that the existing set back on the existing structure is at 62.2 feet and we are holding that set back. There is one point in the new structure that shows a 57 feet which modifies the plans to bring that back to 62. So we are not com'mg anywhere seaward with this structure presently. So the original setback is 62. Pervious driveway drywells for roof run-off and pool back wash. Septic system will be more than one hundred feet. We will have to put a new septic system in and that will be in front yard. Any questions? TRUSTEE POLIWODA: Yes, why does that have to be cleared land all the way down to the Wetlands. CATHERINE MESIANO: I could not answer that. Because when I went there to post the property. I noticed it. I was not involved a couple a months ago. So I cannot answer that question. What he intends to re-vegetate that with natural plantings no sod no grass no fertilizated. That is the reason for the retaining wall around the whole new structure. To let it go natural in that whole area. TRUSTEE POLIWODA: I noticed the stake next to the oak tree. An old stake what does that represent? CATHERINE MESIANO: I think that stakes represents I just want to get a location. I think that probably represented this comer which we intend to bring back to 62 TRUSTEE KRUPSLI: Will we have new plans? CATHERINE MESIANO: Yes TRUSTEE POLIWODA: Where that oak tree stood that is where I was proposiing a non-disturbance buffer. CATHERINE MESIANO: Okay. There is nothing else is coming down to my knowledge. I do know that they intend to do that grasses and natural plantings and just let that go. As far as the phragmites are concerned those can be mainta'med. Correct? TRUSTEE POL1WODA: No that is an non-disturbance zone. CATHERINE MESIANO: So that the phragmites that are there they have to stay. TRUSTEE POL1WODA: There is a lot of habitant in that area. CATHERINE MESIANO: So the phragmites that are there stay and the area that was cut down. TRUSTEE POLIWODA: We would like to have a hay bale line there. CATHERINE MESIANO: Leave it as, or put it back. It is very weedy 41 TRUSTEE POLIWODA: It should be left as a non-disturbance area. CATHERINE MESIANO: It will be planted and let go because it is an indigenous species. So there is going to be species which should dominate. That is what we want to do TRUSTEE KRUPSKI: So Ken are you inclined to approve with the condition of a planting plan before the permit is released. TRUSTEE POLIWODA: Right. TRUSTEE KRUPSKI: Do you want to condition it with an approval. We can condition it because they have to get a CO. Before the planting plan. We can release the Trustee Permit than they could not get a CO. Until the planting plan is implemented. ( TAPE CHANGE) TRUSTEE KRUPSKI: Showing the set back at 62 feet consisting with the old building. That those plans show a 50 foot non-disturbance buffer with a planting plan and that planting plan has to implemented before the applicant can receive a CO and the new house needs driveways and gutters. TRUSTEE KING: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES TRUSTEE FOSTER: Any hay bales? CATHERINE MESIANO: They will put the haybales at the fifty foot point 34. Catherine Mesiano, Inc. on behalf of MARY S. ZUPA request a Wetland Permit to construct a 60'x100' (irreg,) single family dwelling, porch and patio, on site sewage disposal system, free form in ground (gunite) pool (Approx. 16'x32') and pervious driveway replace of approx. 520' bulkhead install approx. 95' new bulkhead for erosion control install 4' wide steps from bulkhead to beach, install 137' low profile timber retaining wall install 3 terraced stone retaining walls (approx. 220'x2') upland for erosion control. Install approx. 4'x25' wood dock, 3'x6' wood ramp and 6'x20' wood float and two 8" wood piles re-vegetate approx. 640 sq. ft. seaward of new low profile wall with spartina 18" o.c. re-vegetate section of buffer area remove existing asphalt driveway. Located: 580 Basin Road, Southold, NY SCTM#81-1-16.7 TRUSTEE KRUPSKI: Would anyone like to speak in favor of the application? CATHERINE MESIANO: Yes, Catherine Mesiano on behalf of the applicant. After our site inspection some modifications have been made to the request. First item, is construction of a single family dwelling, garage, porch, patio, on site sewage disposal system, in- ground pool, pervious driveway and drywells for roof run-off. Septic 42 system will be set back one hundred feet. After the site inspection by your Board, DEC and Chris Pickerall. Especially after Chris Pickerall inspection. He felt that the flagging was slightly inaccurate. He re- flagged a section of the property that is on the basin side. That in particular impacted flag #7. I requested that information be added to the map. The surveyor was not able to get out there. So I am just going to refer to setbacks from the wetlands and the map will be provided showing you exactly what that difference is. So the first item pertains to the house and the structures that are proposed and they meet the entire setback requirements under your regulations The next item is the replacement approximate of 500 feet of bulkhead on the bay side the canal and the basin side I attached a set of specifications as to the structural components it should be noted that they are of timber material and the sheathing will be C-Loc series on 9000 and the type of bulkhead that will be used on the bay side would be (cannot understand) of the bulkhead because °fthe wave action in that area. The next area that we discussed rather an extension of a major type of bulkhead in the area that is just east of the end of the existing bulkhead on the basin side. At the site he is proposing 53 feet of low silt bulkhead for erosion control attached to the west end of that existing bulkhead. TRUSTEE KRUPSKI: Cathy wouldn't this be better if you put all the changes in the survey with cross sections and what not. On most of these issues you have satisfied the DEC and the Town. So it would be better if we Table this and put everything on a plan. That everyone can review. CATHERINE MESIANO: I will probably do that. TRUSTEE KRUPSKI: I thought you would have that tonight. CATHERINE MESIANO: I was supposed to have tonight both they were not able to provide it tonight. TRUSTEE KRUPSKI: I am not saying that it is your fault. I think it would be more helpful if we had it all, since it is such a big project, if we had it all on black and white. For us it is easy because we can say that we want this on the retaining wall. Then we walk to the next place and we say okay. You can see my point. It is a Ytttle easier then having actually get someone to draw that. With elevations and cross sections. CATHERINE MESIANO; Well, I will certainly have that done. But you feel that you can make a determination on these items. Especially the obvious. The bulkhead replacement, the house etc. All of those things are basically under compliance with deregulations. The house is about 75 feet we indicated that a fifty foot buffer will be established. The bulkhead replacement is in place. Those items are pretty cut and dry. The low sill bulkhead (cannot understand baby crying). TRUSTEE KRUPSKI: Maybe the rest of the Board would want to look at this. To go through points to make sure. 43 CATHERINE MESIANO: Basically I put down what we discussed and this is a recap of what we discussed. I will give this to you rather when I am done. At any rate, the low sill bulkhead is attached at the east end of the existing bulkhead on the basin side. That is the area that has eroded and is now scrawl/ng behind the existing bulkhead and that will be re-vegetated. I think that we did not have an issue with the steps as far as the bulkhead to the beach. We should also add a four tbot wide mulch path through the adjacent area. We talked about a terrace stone retaining walls upland for erosion control. I do not think that we had a problem with that. Those were basically for erosion control. Well into the property in the area of the driveway. That I can show you more specifically on site plan. If you would like to see that. TRUSTEE KRUPSKI: Definitely. CATHERINE MESIANO: There was signicant discussion of about re-vegating the shoreline on the basin side. Chris Pickerall had been at the site and had a number of recommendations. A simple description of the area would be approximately three hundred and fifty feet along the basin shore l'me fi:om the easterly end of the low sill bulkhead proposed. Up to the existing bulkhead on the very easterly edge of the property and the area would be re-vegetated with native grasses and including spartina, alteraflora, pacific pecka etc.. These were all Chris Plekerall recommendations. Also removing the overhanging trees and branches as needed to expose the wetland area. Regrading the banks as need for stabilization. As we discussed we are providing five foot buffer landward of the bulkhead or edge of the wetlands. Re- vegetate sections of the buffer area per the attached plan. Ihave that to add to this. Re-vegetate the jetty with native grasses as you will remember that area was just sand. There is really noth'mg else to hold it. So we would include that in the re-vegation project and they would be removing the existing asphalt driveway and finishing it with a pervious material. We would be removing, regrading, re-vegating the existing dirt driveway and providing pervious property there. Removal of the material. May we also discuss a dock to be installed in basin. We are proposing a 4'x25' wood dock, 3'x6' wood ramp and 6'x20' float with pilings for the purpose of docking Mr.& Mrs. Zupa's boat at their property. That dock would be in conformance with the existing standards. Any question, other than the need for additional depletion.. TRUSTEEE POL1WODA: Yes, for the record who owns the Boat Basin? CATHER/NE MESIANO: To my knowledge according to the Southold Town Tax Assessor. It is listed as being owned by Paradise Property Owner's Association. That is something that you would take up with assessor. The assessor has it listed as a residential vacant lot. TRUSTEE POLIWODA: Before we issue another dock permit. We are going to have that removed. 44 TRUSTEE KRUPSKI: We do not know if there is anything there that has permits. Is there any of the docks there have permits. CATHERINE MESIANO: Since that is not our property I do not have that information, I do have an aerial photograph approved by the DEC and it does not show what presently exists now. It does show some structures but it does not show structures to the extent that is there now. So perhaps some of it. Is pre-existing illegal and I can not speak for the legality of the rest of it. Because I do not have knowledge of those owners permits. TRUST~EE KRUPSKI: Before we make any other comments. Maybe I can ask are there any other comments on this application. ROBERT SCALIA: Robert Scalia president of Paradise Point Association. Not being an adjacent property owner to the parcel in question. We only found out about this application on Thursday. Some of the issues in here that impact the Paradise Point Association. As many as you know. Including who owns the bottom. The docks belong to Paradise Point Association that Mr. Zupa is proposing to take out. He is proposing to put in docks on top of Paradise Point Association property. There was a fight a way that exists of Paradise Point Association. That part which is in the water. Part of it is not. The application refers to a driveway. It is not a driveway. There is a road that has been used for over fifty years by the members of Paradise Point Association. The survey that I saw which is just a photocopy shows the docks in a winter position. It did not show the docks as they are extended now. We have had docks in Paradise Point with pilings. Fixed docks and floating docks since I have been out there in 1955 at least forty or fifty years. Almost fifty years and they existed before my family moved in. For that reason I would request that this application be tabled. Nothing being approved until you have a special heating on it. It is not one at ten o'clock and one where we can mobilize some of the neighbors. Some of the members of the association who have other input into it. Who come from great distances and just did not come. Thank you. TRUSTEE KRUPSKI: Thank you any other comments? ANDREA KOLYER; I am Andrea Kolyer We are very new to Paradise Point and we just made a very substantial investment in Paradise Point. Because we are not an adjacent lot builder. I just got of this information in the last seventy two hours. I feel a little overWhelmed and I wanted to respectively request that we get sixty more days. To look at this information. Because I think it is important. Thank you. TRUSTEE KRUPSKI: Thank vou. Any other comment? How does the Board feel about this? MRS. CURCURU: My husband and I are the adjacent landowners and I just want to say that I concur with the concerns discussed by Bob Scalia. TRUSTEE KRUPSKI: Do you have any concerns yourself?. 45 Specific concerns. MRS CURCURU: Just in relation to having time to present more conservative opinions. Actually I did not get the notice. It obvious went to Florida I have never got the notice myself. I am sure it will be in my mail tomorrow. TRUSTEE KURPSKI: Just a brief comment. This meets our standard set backs fifty foot non-disturbance buffer one hundred feet from septic systems. This included destabilization of the bank. Which has been reoccurring problem for this Board for the Paradise Point people over the course of many years. So we were kind of encouraged to see someone take the lead on this and pay for it. So it would stabilize the bank it would stabilize the whole basin. There is a considerable amount of erosion. The dock. issue I kind of look at it as separate issue. I do not think that it will be resolved tonight. CATHERIN MESIANO: [ would like to address a couple of comments; I think some of the issues that were brought up by Paradise Point residence. Was more than adequable talked about? At the last two hearings. When we were here on the fence issue. So I do not know what else there is to talk about. Also with respect to Mrs. Curcuru comments about not receiving a notice. The notice was mailed according to the regulations in the Code. But realizing that she was here and not in Florida were the mail was sent. Mrs. Zupa hand delivered a complete package to them. So that they would be aware and Mr. Zupa had a recent discussion at a Property Association Meeting more than a month ago. He discussed his intentions their intentions with respect to this property. So I do not really think that this is new information. It is something that bas been out there. For the residence of the area. There may not have been specifics quantities and lengths and distance and so on. But the concept has been out there. I see no need to table anything for sixty days. Because the application does speak for it and we would like to finalize it as much of this as can be finalized. TRUSTEE KRUPSKI: Thank you. Any Board comment? TRUSTEE POLIWODA; How about the house set backs. The dock as you said is a separate issue. I am coming up with a vision that we came down to someone else's property. We looked out there and we seen all k'mds of docks and floats no permits. It is a one residential lot. They get one dock and one float 6x20. That is common policy. If they come before us that it is legally down to two separate lots some how than there would be two docks with each having a 6x20 float. I will leave at that. TRUSTEE KRUPSKI: I think that we have to look into this. TRUSTEE POLIWODA: Who owns the bottom. Who owns the property up-land? CATHERINE MESIANO: I th'ink that if we can provide you with certain data. From my perceptive I think that the Board has to satisfy 46 itself as to those issues. We can provide you with the information but you have to draw your own conclusions. I do not think that Mr. & Mrs. Zupa should be penalized and not be entitled touse their property as another property owner in Southold which is entitled. Especially since this is not on the open bay. We do have the affect of the open bay issue with respect to docks. One other thing ][would l'hke to add. The Property Owner's Association does have a fight-of-way, which has been recognized, and there is no intent to do anything to upset that right-of-way. It is clearly indicated in the documentations. The Title Company and so on guarantee both. That there is a right-of- way that exists across the Zupa property to the basin. As far there being aroad I do not know what one would call a road. The tax map does not show a road. There is ~/travel path in there. The Property Owner's basically have a right up to the new fence that was installed across that area. So again I can only say that I think we should decide on as many of these items as we can. I have no problem with the Board conditioning that upon my submitting to you a plan with all of the technical date necessary. Elevations, site plans etc. to accurately portraits I would like to settle as many of items that I can. TRUSTEE KRUPSKI: Peggywhat do you think? Go ahead. ROBERT SCALIA: May I point out to the Board of Trustees that there is a decision by the Zon'mg Board of Appeals on August 23rd 1995 in the application of the Miller's for the same lot and it does talk about the property not being a single family residential lot. Then again it talks about the grant'mg of the variance. Whatever was created? The mix uses for both the private marina use and private residence for which 160,000 sq. feet of land is required. I am not trying to be a lawyer. I am not a lawyer but the fact is there are substantial legal questions with regard to the use of this lot. Just because Mr. & Mrs. Zupa want to put in some plantings. They are talking about taking out the parking area for the members of the association. They are talking about removing a dock. That belongs to the association x~ot to thmn. Again I request that this Board Table the motion. Or have a special heating on it. When there is sufficient evidence. People much more elegant and much more legal minded them myself can argue this with you. TRUSTEE KRUPSKI: Thank you. Jim do you have any comments? TRUSTEE KING: I do not have a big problem with the ownership of the bottom and docks. I would like to see a detail plan that will show everything. TRUSTEE KRUPSKI: There is some questions on the land use. They could not get a building permit. The dock I do not think is going to be resolved tonight one way or the other. Because as far as removal or addition or anything like that. I do not think that we want to get into that tonight because that is a more difficult issue than saying that we are going to re-vegatate bank so it does not erode anymore. That is a 47 straight forward issue. MRS.KOLYER: This project seems to have many different pieces but they are all going to connect to be one piece. TRUSTEE KRUPSKI: That is not necessary because the dock issue is not a straight forward issue by anymeans. I am not sure how it is all going to mm out. So the dock issue is completely separate because as far as the Zupa's access and as far as the access for other property owners who legally have access to the right-of-way. That is completely different issue. As far ss the house goes. Environmentally it meets our set backs and the rest is bulkhead replacement. Which is marntenance on the structure and erosion control. Which needs to be done there. MRS.KOLYER: But I have two concerns. One is I wanted to state this for you. The digging up of the road where people who do not live within walking distance that have boating gear and what not. Like to drive down there and turn around. I am concerned about what will go on there without a plan. Again there is not a whole lot of room for more than three or four cars. I think we need to do some more research on this. The other thing that I am concerned about is when I look at the bulkhead that goes towards the basin. I do not have a map in front me. I could get it. There is a point at which the new bulkhead seems to run fight into the bank. It seems to cut offthe easement. We cannot get to the jetty for repairs and those kind of things are the things that I am just ask'mg for the sixty days. So we just feel good about the investment we made there and that we are least going forward on the same page. TRUSTEE KRUPSKI: I think that we have been dealing with this area for quite a few years. So we are familiar with the access problems. Go ahead. MRS. KOLYER: Do you see that point on the bulkhead. Where it runs right into the bank. It ends. TRUSTEE FOSTER: Actually that was going to be something that I was going to address. Because, Cathy you mentioned that there is an easement through here. CATHERINE MESIANO: There is an easement but TRUSTEE FOSTER: But it is really not accessible. CATHERINE MESISANO: At this point in time the property (cannot understand). That easement area is on the road. IfI may we are not going to bring the bulkhead out farther out into the basin. TRUSTEE FOSTER: Actually the easement disappears. MRS. KOLYER There is a law on easement which you are probably familiar with it. But an easement changes for any reason like when the cars were much smaller. When the cars got bigger the law of Easement. You have to make the road first. So those are the kind of issues exactly we feel; we want to feeling good about I just do not know I think we need to get some answers. 48 TRUSTEE POL1WODA: If someone wanted to up-grade that easement say put gravel down. Who would apply for the permit. Would it be the Zupa's or Paradise Point Association. TRUSTEE KRUPSKI: It would be the owner's. MRS. KOLYER: Then how would we get there? TRUSTEE KRUPSKI: This has been a problem down this area for fifteen years that I know of. MRS. KOLYER: I think the Zupa's have brought this to the fore fi:ont TRUSTEE KRUPSKI: No before Mr. Zupa moved there. This has been a problem. TRUSTEE FOSTER: It has been a problem but there has been access because the owner Mr. Sinning has let them go on the property. But it is deeded, if it is a deeded easement that use to exit which no long exists Is really not there. So where does the easement or the access to maintain this canal come from. If it is no longer here and it is not moved to somewhere else. MR. ZUPA: There is no question that there is a legal matter. That once the easement reaches especially the meets the bound description. Once that is eroded and gone. It is gone: forever. It is ended as a matter of law. There is no law that says that you may welcome an easement by moving in. As far as a necessity. The point of fact. The easement holder has the obligation to maintain the easement. They did not do that. They lost it through their own neglect and failure to act to fix it. Their own association purpose says that they have to maintain a bulkhead. They come in now, and say that they lost it over the past fifteen years and then they will give us another portion Does not make sense at all. The Leaps and Bounds Easement that is gone is gone forever and the point of fact. Anything past that point where it has gone into the water. That is also terminated. If anybody owns the jetty my wife does. The title company s~tid the property was staked for the Federal Government. But any private individual owns it. The easement is gone. TRUSTEE KRUPSKI: Wouldn't the easement continue on in the under water land. MR. ZUPA: That land now belongs to the State of New York. In other words once the bluff was created that is called erosion. Our title line does not go out to the water. It goes if you look at the map. It goes along the bank. So that now the bed belongs to the State of New York and the State owns title to the bay, and the canal. By virtue of the Andros Pattern relinquishes control of the bed to the Town and the basin. TRUSTEE POL1WODA: IfI may ask 3~u. I just asked Catherine before who owns the bottom? MR. ZUPA: I think I have provided you previously. At the last heating when the issue of the marina was brought up and you said that 49 there existed a marina in the basin That the point in fact the Town owns that. I do not know how you can establish a manna. Without permission from the Town. So that was my reasoning for me bringing ~t up. Last time I provided papers from the land surveyor from the State of New York and Albany. Which have conclusive as far as the Title Company is concerned. They also traced back all the deeds. That the association had and there absolutely no bases whatever to say that the bed of the basin to a private individual As far as the easement that is gone. Once the easement meets and boundaries it disappears for whatever reasons. That is gone forever. You do not get to make it up by moving ten feet back. They could never have driven over that pool of wetlands anyway. They never were able to drive through those four feet. Originally they would take away the dredging material by use ora barge. I have seen letters to this affect. That the access road was to be on the other side. On the west side. That was the access ramp. But that also has eroded. So I do not want was not done. We have the obligation as easement holders to maintain. It. They failed to do that. You get to a point where. You are rewarding neglect. TRUSTEE FOSTER: In one of our meetings. I am relatively sure that you made a statement. That you would not certainly not deny these people access to maintain that Canal. Now you are saying that there access has disappeared. CATHERINE MESIANO: There is two different points. Let me explain because I think I know what your misunderstanding is. There is a legal access that provides a right-of-way to the basin and that right of way is described and rans along the fence that you approved. TRUSTEE FOSTER: Right, but that is not what I am saying. I understand I know what I am saying. What I am saying is that Mr. Zupa made a statement at one of our meetings. When it was brought up about this right-of-way. Basically being none ex~stent, that he would not deny access for the Association. Across his land to maintain that. Now what he is saying that it disappeared and it does not exist and apparently it is not going to reappear here. So where does that leave these people. I want to know where it leads the rest of these home owner's when at some point in time no longer have access to this basin. Because it gets closed off and they cannot maintain it. The value of the mai estate goes down. By two or three hundred thousand because they no longer have a home with a water accessible basin. CATHERINE MESIANO: I do not think that there is a discussion about denying access to the basin. Because it is recognized as that. TRUSTEE FOSTER: There is a fight-of-way that is under water, which leads you little or no access to go out and maintain. Why is the fight-of-way there? What is it there for? CATHERINE MESIANO: To give access to the docks. TRUSTEE FOSTER: I believe it was to mainta'm the canal. The 50 access hms all the way along outside of the property to maintain the canal. Certainly they do not need it all the way out there to get to the dock. CATHERINE MESIANO: There is Wetlands all along there. There has never been... TRUSTEE FOSTER: It has eroded. CATHERINE MESIANO: It has never been a means of vehicular access down to the shoreline. TRUSTEE KRUPSKI: Well because they cut it off. It is more expedient to go across the property. But what Artie said could be addressed. How is the canal going to be maintained by the Association. If they do not have access. MR. ZUPA: We went through this the last time. It can be dredged by barge and take the material away by barge. As we mentioned last time. The permit division of the DEC said that it is possible to give a permit to deposit the spoil on the beach. Even in the past historically that has not been done. TRUSTEE KRUPSKI: Not necessarily I do not think that we want to get into that. MR.ZUPA: If you go back and look at the intention of the AssOciation back in years. The access to the jetty was going to be on the west side of the canal. TRUSTEE KRUPSKI: So you have ownership of the east side jetty completely. MR.ZUPA; Yes that is correct and we have already stated. That we will maintain it. ROBERT SCALIA: But that is not tree. That he has ownership of that Jetty. In the appeal in the Zoning Board Appeal in 1995, the square footage of that jetty was removed from that lot from Miller's application. That square footage was not used. The Association also spent $40,000 despite Mr. Zupa's says about the Association neglecting it's property. We just spent $40,000 to resheath that jetty. We have always maintained that jetty. As far as the issue of constantly saying that Association does not do anything. The fact that the Association has been there for fifty years. We still have good roads. We have water to our houses. We have a basin that we use for our boats. We will have long after Mr. Zupa and myself are gone. So to repeat a false statement long enough. People start to believe it. I think that I have to call your attention to that. That jetty does not belong to the Zupa's. The Zoning Board of Appeals does not believe that it belongs to the Zupa's. I believe that this is an issue again. That the Trustee's are - he is trying to suck the Trustee's into some sort of decision making process. Before he straightens out what there is a build able lot there. No body cares if Mr. Zupa builds a house on his lot. The primary interest for the Association is our access and ownership of the marina of the boat basin. Our ability to get out to the 51 jetty and maintain the jetty. Not by barge but the way we have done before by track. Whether it is on the road that was there is there, or where ever the road will be. No one care if you build a house. I do not care if he starts working on the bulkhead on the bay side. No one is looking to stop you from doing that. But I just want to hear all of this stuffwhere again you repeat something enough time. It all of a sudden it starts to take on a life of it's own. It is nonsense. Again ask that the Trustee's put this aside. Either set up a heating where we can have property legal representation to discuss these issues with you. Before you give him any rights to do anything on that lot. MRS. KOLYER: I was hoping that my first request for the sixty days. Would have been all that I said. But this is precisely what I am concerned about. Our family is concerned about is the deed that we got when we closed on June'28th clearly states. My husband is an attorney. It states that the Association owns the jetty I am hearing a lot of conflict that is why I am respectfully requesting the sixty days. So we can at least get up to speed. We do not have to feel bad. That we act responsible towards our investment in Paradise Point. TRUSTEE KRUPSKI: Thank you. CATHERINE MESIANO: I appreciate Mrs. Koyler's comments but her issues are legal in nature. I do not think that it is the authority of this Board to address title issue. Nor the authority as I understand it. Is strictly environmental. TRUSTEE KRUPSKI: That is absolutely correct. Unfortunately they seem to tie into each other here. When it comes back to this problem That we have been looking at for a long time. Years and years that the bank has to be stabilized and the bulkhead should be maintained. I cannot seem to find a way around it. Until somebody tells us independent obviously of the applicant and neighbors to step forward is that correct. CATHERINE MESIANO: But the fact remains that the erosion (TAPE CHANGE) make a determination based on your set standards. Our intentions would respect to those issues. I think completely of the reasons your inability to make a decision with respect to the dock because there are things that you do not know. I do not know the answers too. Frankly, personally I would not put myself out there to give your those answers off the top of my head. Thank you. But I think that these other items except for the dock are very clear and your Board has all the reasons enviromnental issues and we addressed those concerns. We had gone around this issue the last two months with respect to the fence. This is pretty much a replay of the same issues. With respect to that fence. We were comfortable enough to make a decision. Although a house is a greater magnitude and expense. The fact remains that the case has been presented and the information was provided. You are able to make a determination I think that is where we are now. 52 TRUSTEE KRUPSKI: Artie thinks that it should be resolved. TRUSTEE FOSTER: I really do and the other thing that concerns me a little bit is the Zoning Board of Appeals decision. That this was not a build able lot. We are going to issue a permit to build a house on a lot that they said is not build able. Now the Town Board relies on the Zoning Board for decisions. As well as the Planning Board. So maybe we should take a look at the Zoning Board decision about the property. You cannot issue a permit on a lot that is not a building lot. TRUSTEE POLIWODA: I agree with you on that. We should research the reasons why ZBA disallowed that. TRUSTEE FOSTER: I remember when they were going through that with Jim and Barbara Miller. I remember that whole fiasco. They did not get that property andbuild house because of ZBA decision. If that decision still stands. How canwe issue a permit to build on it? When they said it is. not a building lot. CATHERINE MESIANO: This came up at the last two hearings. The ZBA decision reference the fact that one is not entitled to two uses to a lot. The ZBA determined that there was a marina use to this property when I think that since there a tap map number issued to the basin itself The marina use hms to the basin. There is further law and I am not a lawyer I would not site it. But Mr. Zupa I am sure can confirm what I am telling you that an easement cannot deprive the owner of the property of his fights to utilize that property. So I think you have two issues. The marina use is attached to the basin property. The Zupa property is zoned R-80. If someone is campaigning for the fact that this is a marina. Well perhaps we should pursue the possibilities of building a mahna there. But I think that is an absorb notion as maintain that this is not a buldable lot. TRUSTEE KRUPSKI: Well it is a marina there. There is no doubt about. CATHERINE MESIANO: If it is a marina than the marina is - property, which is a separate tax, recognized lot under the town assessor's. TRUSTEE FOSTER: I do not have any personal interest in this whole thing. It gets harder by the dayto do this job. Believe me. Somebody is beating your brains out every day of the week. You did this you did that. You should not do this. I do not have a problem ~vith Mr. Zupa building his house. I just want to make sure that we are going to issue a Permit for him to build his house on a lot that is legal to build it on. It does not infringe any body else fights whether it be right-of-way or whatever. What we do is the right thing to do. Not personally environmentally and by the law that is my concern. CATHERINE MESIANO: I have never even intermated and ifI did I would certainly apologize. I have never interminated that your interest was anything. TRUSTEE FOSTER: I am not suggesting that Cathy. I just want you 53 to know what my position is. I do not like looking at these applications. Month, after month I would like it when people came in this door. Presented us with this stuff. We give them an approval or deny or whatever the case warranted and out the door they went. This month, after month and revisiting the sites and this. It gets to be a real pain. I do not particularly relish it. TRUSTEE KRUPSKI: None of us do. TRUSTEE FOSTER: When you get these other people have concerns. If they were not valid concerns they would not be here at 10:30 on a Wednesday night. Sitting through this mess. If there was not a real concerns..My concern is that we do the right thing. That is all I am concerned about. CATHERINE MESIANO: Well, to address the fight thing. The Board has an obligation to make a determination only in the area that is authorized to over see. I do not think it is a Board determination. This is not a Court of Law. I do not think this Board has the authority to determine the legal status of a lot. The Building Department has that obhgation to make a determination. TRUSTEE KRUPSKI: It is not just this.. That is one item. The legal status of the lot. The other thing is the status of the bulkhead and who ultimately will be maintaining it. CATHERINE MESIANO: The Zupa's have represented on more occasion. That they would accept responsibility for the maintenance and up keep of all of the bulk headed area including the jetty. TRUSTEE KRUPSKI; The whole basin thing is something that I would like worked out. What do you think Ken. Do you agree with Artie? That we should table it for a month. TRUSTEE POLIWODA; Table it for a month. Come back to us because we are heating two sides of a story. Who owns the bottom? Andros Pattern land or is it private with the tax assessor number. I have heard it elsewhere that it is Town of Southold bottom. I would like to see from our attorney a clear-cut answer. Who owns that bottom? Then we can make a decision on the docks and get it all wrapped up at once. TRUSTEE KRUPSKi: In the mean time you will have time to get the whole plan as we went over in the field with the DEC to get the whole plan lay out in black and white so then we can review it. I do not think that we are asking for any changes in that plan as what was defined in the field. CATHERINE MESIANO: What was deemed in the field I think I outlined that precisely. Or indicated precisely. TRUSTEE KRUPSKI: Not only that but we want to see in a cross section. TRUSTEE FOSTER: What about the easement? How about can you come up with something legal that states that when an easement disappears it is gone forever? You mentioned a document that says 54 that if your easement disappears it is no longer in existence. MR.ZUPA: I brought the case in to Court before with respect to it. I came up with a ease that was decided. TRUSTEE FOSTER: Does that mean it is law. Because someone rules that it happened. It is in writing what you are saying. MR.ZUPA: What we have here. My wife is coming in with an application and the people are standing up saying about the waters that they have an easement. It has been holding us up. Three months since we made the fence application and we heard the same story time after time. If they felt so concerned about this. Why did they not file a lawsuit? All you have to do is go into Court and file it. TRUSTEE FOSTER: My concern was that you mentioned you would not deny them access. Now you are saying that easement disappeared. MR.ZUPA: Isn't it logical that ifyouhad an easement and somebody says that you got this piece of land. And it falls into the dink or make it up somebody else's land. Of course not. Do they get to make up their easement on TRUSTEE FOSTER: You say of course not. I do not know. But you also said the law says that it disappears. I do not know if it says that. CATHERINE MESISANO: Because the Town Attorney will have the opportunity to review that information. Give you the answers that you are seeking. MR. ZUPA: I will give you the legal opinion. Ultimately, you are going to show it to the Town Attorney. Hopefully that will happen we will not get into the same situation as last time. He did not have the time to look at. I will be happy to provide a legal opinion with respect to it. As far as you have letters from the State of New York with respect to the bottom. Also from the Title Company also. I do not know how to prove the negative. Accept for the extent that I have. The use of the bottom was because of the marina. In one hand the Town says look these people own it because we have a tax number. On the other hand, you go to the State of New York it says just the opposite. I believe before the Zoning Board of Appeals when they looked at. They believed that the Association owned the basin bottom. Because it had a separate tax number on it. TRUSTEE KRUPSKI: Thank you. I will make a Motion to Table the application. TRUSTEE FOSTER: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES MR.ZUPA: I ~vould think that if some body had a right that they claim that they have with respect to this property. They should file a legal action. So we can get this decided in a Court of Law. Which is the proper place. And not the Town Trnstee's which are to decide environmental matters. TRUSTEE KRUPSKI: You are absolutely right. We are not getting paid like lawyers. 55 35. Samuels & Steelman, Architect on behalf of BRENDA & ERIC KEIL request a Wetland Permit for addition and renovation to existing dwelling. Located: 2045 Westview Drive, Mattituck, NY SCTM#107- 07-03 TRUSTEE KRUPSKI: Is there anyone who would like to speak in favor or against the apphcation? Any comment on this. TRUSTEE POLIWODA: It is pretty straight forward. TRUSTEE FOSTER: Pretty straight forward. TRUSTEE KRUPSKI: Someone want to make a Motion to close the heating? TRUSTEE POL1WODA: I will make a Motion to close the heating. TRUSTEE FOSTER: Seconded. TRUSTEE POLIWODA; All in favor. ALL AYES I will make a Motion to Approve the Wetland Permit on behalf of Brenda & Eric Keil. TRUSTEE FOSTER: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES/ 36. Samuel & Steelman Architects on behalf of DR. RONALD CASSARA request a Wetland Permit and Coastal Erosion Permit for additions and renovations to existing one story (w/full basement) house, existing first floor framing to remain, new fram'rog for two story house as shown, plus demolish and reconstruct existing garage. Located: 30185 Cabot Wood Road, Peconic, NY SCTM#73-04-01 TRUSTEE KRUPSKI: Is there anyone who would like to speak in favor of the application? Anybody have any comment on this application? Any interest in Cassara? TRUSTEE FOSTER: This is hinging on the bluff. Haybales, drywells two inspections. TRUSTEE KRUPSKI: Is there a Motion to close the hearing. TRUSTEE FOSTER; So moved. TRUSTEE KRUPSKI: All in favor. ALL AYES Do I have a Motion to go back to the regular meeting. TRUSTEE FOSTER: I will make that Motion. TRUSTEE KRUPSKI: Is there a seconded. 56 TRUSTEE DICKERSON: Seconded. TRUSTEE KRUPSKI: All in favor· ALL AYES TRUSTEE KRUPSKI: We have two more resolutions. V/ RESOLUTIONS: The Southold Town Board of Trustees RESOLVED to Disapprove the application of AL STRAZZA to Amend Permit #5132 based on the fact that the applicant has a current valid dock permit from this Board. However. an application for a hand rail would be considered: TRUSTEE KING moved to Approve. TRUSTEE FOSTER Seconded. ALLAYES The Southold Town Board of Trustees RESOLVE to Deny the Administrative Hearing Appeal held on September 27, 2001 Because the structure was built not in accordance with the Permit as the violation states. TRUSTEE KING moved to Deny. TRUSTEE FOSTER Seconded. ALL AYES Meeting Adjourned: 10.45 P.M. RECEIVED OCT 4 2002 ~.. Respectfully submitted by: Charlotte Cunningham, Clerk Board of Trustees 57