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HomeMy WebLinkAboutTR-08/16/2017 Michael J.Domino,President ®f S® �® Town Hall Annex John M.Bredemeyer III,Vice-President �® �® 54375 Route 25 r� r2 P.O.Box 1179 Charles J.Sanders Southold,New York 11971 Glenn Goldsmith a� Telephone(631) 765-1892 A.Nicholas Krupski ® Fax(631) 765-6641 p ��C®��1Y BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD RECEIVED 'Ilea C, t 1132 ern Minutes SEP 2 2 2017 Wednesday, August 16, 2017 So hold Town Clerk 5:30 PM Present Were: Michael J. Domino, President John M. Bredemeyer, Vice-President Charles J. Sanders, Trustee Glenn Goldsmith, Trustee A. Nicholas Krupski, Trustee Elizabeth Cantrell, Senior Clerk Typist Damon Hagan, Assistant Town Attorney CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT FIELD INSPECTION: Tuesday, September 12, 2017 at 8:00 AM NEXT TRUSTEE MEETING: Wednesday, September 20, 2017 at 5:30 PM at the Main Meeting Hall WORK SESSIONS: Monday, September 18, 2017 at 4:30 PM at Downs Farm, and on Wednesday, September 20, 2017 at 5:00 PM at the Main Meeting Hall MINUTES: Approve Minutes of July 19, 2017. TRUSTEE DOMINO: Good evening and welcome to our August 16th monthly meeting. At this time I would like to call the meeting to order. I would like to announce the people on the dais. To my left is Trustee Bredemeyer, Trustee Sanders, Trustee Goldsmith and Trustee Krupski. To my right is Assistant Town Attorney Damon A. Hagan and Senior Clerk Typist Elizabeth Cantrell. We also have with us tonight stenographer Wayne Galante and the Conservation Advisory Council member tonight should be John Stein. I would like to announce the agendas are located in the hall and also on the podiums there. Postponements: Postponements may be for various reasons Board of Trustees 2 August 16, 2017 including incomplete paperwork or incomplete mailings, et cetera. I'll draw your attention tonight to postponements on page nine, we have 12, 13 and 14, postponed; and on page ten, we have 15, 16, 17 and 18 are postponed; and on page eleven, 19, 20, 21 and 22 are also postponed. They are listed as follows: Number 12, Michael Kimack on behalf of DEMETRIOS & MARIA PAPAGIANNAKIS requests a Wetland Permit to replace existing bluff stairs with new in-place consisting of a proposed new 10'x10' top landing using trex (or equivalent) decking; replace two (2) t10' long side retaining walls and 4"x4" posts along upper 43"x10' staircase with new pressure-treated boards and additional 4"x4" posts as needed; replace upper 43"x10' staircase; replace 5'5"x10"1" upper middle landing; replace t6' long retaining wall and 4"x4" posts along the 5'5"x10'1" upper middle landing using pressure treated boards and additional 4"x4" posts as needed; replace 43"x11'8" staircase and 5'3"x10'1" middle landing; replace 43"x12'9" staircase to a 5'2"x10'2" lower middle landing; replace 43"x12'4" staircase; an existing 6'x6'3" shed near toe of bluff to remain; and replace 6'3"x20'4" bottom deck seaward of shed with a 22"x3'2" end seat and steps to beach; on the four (4) staircases replace stringers, treads, and 4"x4" posts as necessary using pressure treated treds and stringers, and cedar(or equivalent) railings; on the three (3) landings and bottom deck replace decking, framing and railings using cedar(or equivalent) railings and trex (or equivalent) decking. Located: 2100 Sound Drive, Greenport. SCTM# 1000-33-1-17 Number 13, L. K. McLean Associates, P.C. on behalf of 100 PARK AVENUE CORP., c/o PAUL PAWLOWSKI requests a Wetland Permit to construct a proposed 4'x121.7' timber dock with a finished elevation of 4.50; construct a 4'x30' fixed lower platform parallel to the seaward end of dock using four (4) 10" diameter piles with a finished elevation of 2.50; and for two (2) additional 10" diameter mooring tie-off piles installed 12' off the lower platform; and non-treated wood will be used in the construction of the dock. Located: 100 Park Avenue, Mattituck. SCTM# 1000-123-7-3 Number 14, Suffolk Environmental Consulting on behalf of 5345 VANSTON ROAD, LLC requests a Wetland Permit to construct a dock assembly off the eastern shoreline consisting of a 4'x41' fixed landward entry ramp and elevated catwalk secured by twelve (12) 6" diameter posts; a 3'x15' hinged ramp; and a 6'x20' floating dock secured by four(4) 8" diameter pilings; and all hardware to be hot dipped galvanized. Located: 5345 Vanston Road, Cutchogue. SCTM# 1000-111-14-1 Number 15, Costello Marine Contracting Corp. on behalf of JAMES WEEDEN request a Wetland Permit to construct 178' of new retaining wall; fill void areas landward of new wall with approximately 60 cubic yards of clean trucked in fill; and re-grade disturbed area. Located: 1175 Bridge Lane, Cutchogue. SCTM# 1000-118-2-16.1 Board of Trustees 3 August 16, 2017 Number 16, Costello Marine Contracting Corp. on behalf of NICHOLAS & GEORGIA NOTIAS request a Wetland Permit to construct a dock consisting of a 4'x40' fixed landward ramp up onto a 4'x150' level dock; construct two 4'x40' lower platforms at offshore end of dock; install four (4) 10" diameter mooring pilings; install water piping and electric conduit to offshore end of dock; and to construct a 4'x20' walkway/ramp over dune. Located: 450 Paradise Point Road, Southold. SCTM# 1000-93-1-3 Number 17, Suffolk Environmental Consulting on behalf of RICHARD J. MAY requests a Wetland Permit to reconstruct the existing ±76.0' long timber jetty along the southern shoreline by reducing the overall length to ±68.0' (to extend to the ALW); jetty is not to exceed 2.5' above grade; the use of vinyl sheathing; 6"x6" timber walers; and 8"-10" diameter timber pilings staggered on either side. Located: 1340 Cedar Point Drive East, Southold. SCTM# 1000-92-1-5 Number 18, AMP Architecture on behalf of WILLIAM GRELLA & GARY OSBORNE request a Wetland Permit for the as-built 232sq.ft. Belgium block parking area; as-built 121sq.ft. Belgium block walkway; as-built 517.3sq.ft. managed lawn areas; as-built 240sq.ft. gardens; as-built 160.5sq.ft. crushed shell areas; as-built 22.3sq.ft. metal planter box; as-built 14.3sq.ft. metal waterfall; as-built 15sq.ft. rear concrete stairs; as-built 713sq.ft. pavers on sand; as-built 95sq.ft. gravel on sand; as-built 11sq.ft. fire pit on sand; as-built 41sq.ft. open shower with Belgium block on sand base; as-built two (2) 7.2sq.ft. concrete table bases; as-built 16sq.ft. front concrete stairs; and for the proposed installation of a 46.4sq.ft. set of second-story wood stairs consisting of a 4'x4.3' upper platform with 4'x7.4' stairs to seaward side patio area; proposed installation of 27sq.ft. of pavers on sand. Located: 1200 First Street, New Suffolk. SCTM# 1000-117-7-30 Number 19, Suffolk Environmental Consulting on behalf of 675 HILL ROAD, LLC, c/o GLENN HEIDTMANN requests a Wetland Permit to construct a dock consisting of a 4'x6' entry ramp secured by two (2) 6"x6" posts; 4'x7' steps secured by four (4) 6"x6" posts; 4'x15' elevated catwalk supported by four (4) 6"x6" posts; a 3'x15' hinged ramp; and a 6'x20' floating dock secured by four(4) 8"x8" pilings. Located: 675 Hill Road, Southold. SCTM# 1000-70-4-28 Number 20, Shore Marine Construction on behalf of FREDERICK BLANCHARD requests a Wetland Permit to construct a 4'x350' fixed catwalk using cca treated timber super structure and Thru-Flow decking over a 1,400sq.ft. Area of the fixed catwalk; a 3'x20' aluminum ramp; and a 6'x20' floating dock secured in a "T" configuration with two (2) 8" diameter cca timber piles. Located: 5503 Main Bayview Road, Southold. SCTM# 1000-78-7-5.6 Number 21, ALAN A. CARDINALE requests a Wetland Permit to construct a communal dock serving Lots 1.5. 1.7, 1.8 & 1.9 consisting of a 4'wide wooden ramp at landward end connecting to a 4'x34' fixed wooden dock with a 4'x40' fixed "L" section; Board of Trustees 4 August 16, 2017 two 3'x14' adjustable ramps off of either end of 40' fixed dock section; two 6'x20' floating docks situated in an "I" configuration with two (2) 8" diameter float securing piles for each float; two (2) 8" diameter tie-off piles centered between the two floating docks; and two sets of two (2) 8" diameter tie-off piles situated approximately 13' away from each floating dock. Located: 570 Private Road #28, Mattituck. SCTM# 1000-122-3-1.5 Number 22, Suffolk Environmental Consulting, Inc. On behalf of PARADISE POINT ASSOCIATION, c/o DOUGLAS CIAMPA requests a Wetland Permit to construct a 42' long bulkhead extension comprised of vinyl sheathing, two (2) sets of 6"x6" timber walers, two (2) sets of 6"x6" timber clamps, 8" diameter timber pilings, 8" diameter deadmen and tie-rods; backfill eroded area landward of proposed bulkhead extension with ±40 cubic yards of clean sand obtained from an upland source to be graded and groomed. Located: 225 Briar Lane; Inlet leading into the Boat Basin, Southold. SCTM# 1000-81-1-16.10 & 16.11 I'll also announce that under Town Code Chapter 275-8(c), files were closed seven days ago and submission of additional paperwork tonight may result in a delay of the processing of the application. At this time I'll entertain a motion to have the next field inspection on Tuesday, September 12th, 2017, at 8:00 AM, at the Town annex. That's my motion. TRUSTEE BREDEMEYER: So moved. TRUSTEE DOMINO: Second? TRUSTEE KRUPSKI: Second. TRUSTEE DOMINO: All in favor? (ALL AYES). I'll entertain a motion to hold the next Trustee meeting on Wednesday, September 20th, 2017, at 5:30 PM, at the main meeting hall. TRUSTEE BREDEMEYER: So moved. TRUSTEE GOLDSMITH: Second. TRUSTEE DOMINO: Motion has made been made and seconded. All in favor? (ALL AYES). TRUSTEE DOMINO: I would like to make a motion to hold next work session at Downs Farm, 4:30 PM, on Monday, September 18, 2017, and at 5:00 PM, Wednesday, September 20th, 2017, at the main meeting hall. TRUSTEE BREDEMEYER: So moved. TRUSTEE SANDERS: Second. TRUSTEE DOMINO: Motion made and seconded. All in favor? (ALL AYES). TRUSTEE DOMINO: At this time, I'll entertain a motion to approve the Minutes of July 19, 2017. TRUSTEE BREDEMEYER: So moved. TRUSTEE GOLDSMITH: Second. TRUSTEE DOMINO: Motion made and seconded. All in favor? (ALL AYES). Board of Trustees 5 August 16, 2017 I. MONTHLY REPORT: The Trustees monthly report for July 2017. A check for$10,084.29 was forwarded to the Supervisor's Office for the General Fund. II. PUBLIC NOTICES: Public Notices are posted on the Town Clerk's Bulletin Board for review. III. STATE ENVIRONMENTAL QUALITY REVIEWS: RESOLVED that the Board of Trustees of the Town of Southold hereby finds that the following applications more fully described in Section VI Public Hearings Section of the Trustee agenda dated Wednesday, August 16, 2017, are classified as Type II Actions pursuant to SEQRA Rules and Regulations, and are not subject to further review under SEQRA: David & Colleen Bofill SCTM# 1000-118-1-1.4 Jeremiah M. Bogert F.I. Residential Trust & Margot C. Bogert F.I. Residential Trust, c/o Jeremiah Bogert SCTM# 1000-3-1-9.1 Thomas Palmer Irrevocable Trust & Karen Palmer Irrevocable Trust SCTM# 1000-123-4-5.1 Laughing Waters Property Owners Association SCTM# 1000-87-3-60 5345 Vanston Road, LLC SCTM# 1000-111-14-1 Demetrios & Maria Papagiannakis SCTM# 1000-33-1-17 Sound Side Cottage, LLC SCTM# 1000-58-2-11 Joseph & Laura Mazza SCTM# 1000-81-1-19 Michael & Mary Heagerty SCTM# 1000-119-1-16 James & Linda Gemmill SCTM# 1000-98-5-18 Willow Point Association, Inc., c/o Johnny Donadic SCTM# 1000-56-5-28 James Weeden SCTM# 1000-118-2-16.1 TRUSTEE BREDEMEYER: I'll second that motion. TRUSTEE DOMINO: Motion has been made and seconded. All in favor? (ALL AYES). TRUSTEE DOMINO: Also under Roman numeral III, RESOLVED that the Board of Trustees of the Town of Southold hereby finds that the following applications more fully described in Section VI Public Hearings Section of the Trustee agenda dated Wednesday, August 16, 2017, are classified as Unlisted Actions pursuant to SEQRA Rules and Regulations. A Long Environmental Assessment Form and a field inspection have been completed by the Trustees for the following applications and it is hereby determined that they will not have a significant effect on the environment: 5345 Vanston Road, LLC SCTM# 1000-111-14-1 Nicholas & Georgia Notias SCTM# 1000-93-1-3 Previte Investment Trust SCTM# 1000-104-9-7 TRUSTEE BREDEMEYER: Second. Board of Trustees 6 August 16, 2017 TRUSTEE DOMINO: Resolution made and seconded. All in favor? (ALL AYES). IV. RESOLUTIONS -ADMINISTRATIVE PERMITS: TRUSTEE DOMINO: Item IV. In order to simplify our meetings, the Board of Trustees groups together actions that are deemed minor in nature. Accordingly, I make a motion to approve as a group items one through five. They are listed as follows: Number one, Richard Principi, Jr. on behalf of ROSE CURTO requests an Administrative Permit to remove the existing 560sq.ft. structure, including existing sanitary system and drainage structures; and restore the area with clean fill, grass, and natural vegetation. Located: 4730 Blue Horizon Bluffs, Peconic. SCTM# 1000-74-1-35.54 Number two, Richard Principi, Jr. & Eric Martz on behalf of HJHW PECONIC SOUND, LLC,request an Administrative Permit to remove the existing 1,180sq.ft. dwelling, including existing sanitary and drainage structures; and restore the area with clean fill, grass and natural vegetation. Located: 4660 Blue Horizon Bluffs, Peconic. SCTM# 1000-74-1-35.52 Number three, JAMES & KAREN SPEYER request an Administrative Permit to seasonally install two (2) posts with 12"x12" signs on the beach at least six feet above average mean high tide, and placed landward of the easterly and westerly property lines; each sign is to be removed in October and replaced in May of each year. Located: 2100 Jackson Street, New Suffolk. SCTM# 1000-117-10-18.1 & 18.2 Number four, Michael Kimack on behalf of ANTHONY PIROZZI, JR. requests an Administrative Permit for a Ten (10) Year Maintenance Permit to remove invasive Japanese knotweed; replant disturbed areas, and any additional bare and sparsely vegetated areas with Cape American beach grass. Located: 1769 Smith Road, Peconic. SCTM# 1000-98-4-20 Number five, DAVID THORN &ALICE LEINER requests an Administrative Permit to construct a proposed ±22.5'x29' deck over garage with railings and stairs to ground. Located: 56525 County Road 48, Greenport. SCTM# 1000-44-1-25 TRUSTEE SANDERS: Second. TRUSTEE DOMINO: Motion made and seconded. All in favor? (ALL AYES). VI. APPLICATIONS FOR EXTENSIONS/TRANSFERS/ADMINISTRATIVE. AMENDMENTS: TRUSTEE DOMINO: Roman numeral V. Again, in order to simplify our meeting, I'll make a motion to approve as a group items one through four and six through ten. They are listed as follows: Number one, Jane P. Costello on behalf of THE BOATYARD AT FOUNDERS LANDING, INC. requests a One-Year Extension to Wetland Permit#8666, as issued on August 19, 2015, and Amended on April 20, 2016. Located: 2700 Hobart Road & 1000 Terry Lane, Southold. SCTM# 1000-64-3-10 & 1000-64-3-11 Number two, Kathryn Sepenoski-on behalf of C&L REALTY, INC. requests a One-Year Extension to Wetland Permit#8662, as issued on August 19, 2015, and Amended on September 21, 2016. Located: 61600 Route 25, Southold. SCTM# 1000-56-6-3.4 Number three, McCarthy Realty on behalf of HIRSCH & CO., Board of Trustees 7 August 16, 2017 LLC, c/o VINCENT SEDDIO requests a One Year Extension to Wetland Permit#8664, as issued on August 19, 2015. Located: 980 Oak Avenue, Southold. SCTM# 1000-77-1-6 Number four, Patricia C. Moore, Esq. on behalf of WCKBH, LLC requests the Last One-Year Extension to Wetland Permit#8495 and Coastal Erosion Management Permit#8495C, as issued on August 20, 2014. Located: 1460 Old Mallory Road, Fishers Island. SCTM# 1000-7-6-11 Number six, GERARD E. & KAREN L. DIFFLEY request a Transfer of Wetland Permit#1754 from Edward A. Hanus, Henry J. Loeffler, and Samuel Ganshaw to Edward A. Hanus, Henry J. Loeffler, and Gerard E. & Karen L. Diffley, as issued on October 28, 1983, and Amended on March 27, 1992. Located: Off Lupton Point Road, Mattituck. SCTM# 1000-115-11-27 Number seven, HENRY & MELISSA SILVERMAN request an Administrative Amendment to Wetland Permit#8828 to install three (3) 8" diameter center support piles to the three (3) most seaward sets of support piles, for a total of nine (9) support piles at seaward end of fixed catwalk; and for the float and tie-off piles to be held by 10" diameter poles with angled ice breaker poles (6 poles). Located: 2800 Deep Hole Drive, Mattituck. SCTM# 1000-123-4-12 Number eight, Richard Boyd on behalf of CHRISTINE HOWLEY requests an Administrative Amendment to Wetland Permit#8939 to reduce the size of the proposed dwelling to now consist of a 2,532.20sq.ft. two-story dwelling; a 692.65sq.ft. attached garage; 1,059.50sq.ft. of porches, first floor, and second floor decks for a total lot coverage of 4,284.35sq.ft.; structures to be constructed no further seaward than originally proposed. Located: 320 Sailor's Needle Road, Mattituck. SCTM# 1000-144-5-29.3 Number nine, En-Consultants on behalf of STEPHEN & CHARLOTTE WAGNER request an Administrative Amendment to Wetland Permit#9021 to include the connection of water and electricity to the dock. Located: 20 Harbor River Road, Orient. SCTM# 1000-24-1-11 Number ten, Frederick Weber, Architect on behalf of RAYMOND RAIMONDI requests an Administrative Amendment to Wetland Permit#8738 to remove existing seaward side patio and install a 480sq.ft. patio area with steps to ground and attached stone grill pedestal; and to install a drywell to contain the patio runoff. Located: 1150 Mason Drive, Cutchogue. SCTM# 1000-104-7-6 I'll make that motion. TRUSTEE KRUPSKI: Second. TRUSTEE DOMINO: Motion made and seconded. All in favor? (ALL AYES). TRUSTEE DOMINO: We have to complete actions on number five and number eleven. Number five, CATHERINE DONNELLY requests a Board of Trustees 8 August 16, 2017 Transfer of Wetland Permit#4415 from Nancy L. Foote to Catherine Donnelly, as issued on February 28, 1995. Located: 790 Willis Creek Drive, Mattituck. SCTM# 1000-115-17-17.13 Trustee Glenn Goldsmith did a field inspection on the 16th and noted that the dock is actually a 3x60' catwalk to a 5x20' fixed dock, and is in a "T" configuration and not a float as stated in the permit. So we'll need to correct that at this time. So I'll make a motion that we approve this transfer noting the change from the configuration from a float to a fixed dock. And to provide updated plans. With submission of new plans. TRUSTEE SANDERS: Second. TRUSTEE DOMINO: All in favor? (ALL AYES). TRUSTEE BREDEMEYER: Number eleven, STEVEN &YVETTE EINCZIG request an Administrative Amendment to Wetland Permit#8188 to reduce the size of the existing non-turf buffer from 15' in width to 7' in width along the landward edge of the bulkhead. Located: 3055 Wells Avenue, Southold. SCTM# 1000-70-4-11 This non-turf area has already been the subject of a restrictive covenant filed with the county clerk. The Board of Trustees on their inspection did not discern any need or justification for altering the prior actions of the Board to provide a buffering area to protect surface waters. Accordingly, I move to deny this application for an amendment tonight, without prejudice, as the need is not demonstrated. TRUSTEE SANDERS: Second. TRUSTEE DOMINO: Motion made and seconded. All in favor? (ALL AYES). l VI. PUBLIC HEARINGS: AMENDMENTS: TRUSTEE DOMINO: Under Roman numeral VI, Public Hearings. At this time I'll take a motion to go off our regular meeting agenda and enter into the public hearings. TRUSTEE KRUPSKI: Second. TRUSTEE DOMINO: Motion made and seconded. All in favor? (ALL AYES). TRUSTEE DOMINO: 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. Also, I would ask that if you speak to an action, would you please keep your comments brief and relevant to the application at hand. TRUSTEE BREDEMEYER: The first item, number one, Patricia C. Moore, Esq. on behalf of DAVID & COLLEEN BOFILL request an Amendment to Wetland Permit#8900 for the as-built replacement of existing cement landscape retaining wall consisting of a 67.5 Board of Trustees 9 August 16, 2017 linear foot and 36.7 linear foot (104.2 total linear feet) starting from 14.3' from southerly property line to northerly property line; wall height to be approximately 36" to 42" from grade, adjusted as needed on site conditions; and install steps landward of retaining wall for access on yard. Located: 5785 Vanston Road, Cutchogue. SCTM# 1000-118.-1-1.4 This application started with the Town Trustees viewing an alleged complaint of the Wetlands ordinance during the course of ordinary field inspections and resulted in response of the constable and also myself in response to activities that didn't hold a valid permit. The applicant responded with respect to the needs of protecting the embankment on the property and submitted an application for an amendment to permit. The Board of Town Trustees performed an inspection on the 8th of this month and there are some field notes here I'll go over. Subsequently, the project was deemed to be consistent with the Town's LWRP. And the Conservation Advisory Council voted to support this project. The Trustees' inspection did indicate that we felt that protection of native species is warranted in this case, and because there are steep slopes, we didn't want the native vegetation to be disturbed, and felt it might be appropriate to have a discussion as part of permitting for a non-disturbance area that would be seaward of the silt fence which was installed as a result of the enforcement action. Is there anyone here who wishes to speak on behalf of this application? (No response). Not seeing or hearing anyone here to speak on behalf of this application, I'll open it up to any questions or concerns from the Trustees. (Negative response). I believe the Board, in discussing this further after our field inspection and at our work session, felt we should have a non-disturbance area. TRUSTEE KRUPSKI: Seaward of the silt fence, possibly. TRUSTEE BREDEMEYER: Yes. Everyone is in agreement with a non-disturbance seaward of the silt fence. (Trustees respond in the affirmative). Accordingly, I think everyone is in accord here, based on our Work session. I'll make a motion to close the hearing in this matter. TRUSTEE SANDERS: Second. TRUSTEE DOMINO: All in favor? (ALL AYES). TRUSTEE BREDEMEYER: I'll make a motion to approve this application as submitted with the stipulation that the silt fence installed for protection of the site construction be mapped on the licensed land survey, and that from that point to the seaward in the, Wunneweta Pond, that the site be considered a non-disturbance area with restrictive covenant filed with the county clerk. That's my motion. Board of Trustees 10 August 18, 2017 TRUSTEE KRUPSKI: Second. TRUSTEE DOMINO: Motion made and second. All in favor? (ALL AYES). WETLAND & COASTAL EROSION PERMITS: TRUSTEE SANDERS: Number one, under Wetland & Coastal Erosion Permits, Race Rock Garden Company on behalf of JEREMIAH M. BOGERT F.I. RESIDENTIAL TRUST & MARGOT C. BOGERT F.I. RESIDENTIAL TRUST, c/o JEREMIAH BOGERT request a Wetland Permit and a Coastal Erosion Permit to fill voids in existing revetment and extend the revetment to the south by installing ±90 linear feet of woven wire silt fencing; remove existing wood walk and steps; remove and stockpile existing rocks south of steps for re-use in revetment construction; lay Mirafi geotextile filter fabric and cover with a layer of 3" crushed stone; construct an armor layer rip-rap revetment at the toe of slope measuring ±70 linear feet long and ±12' wide comprised of 3-5 ton armor stone; the north end of new revetment to be tied into existing boulder revetment; the south end of new revetment to run into existing slope and not be exposed; provide steps to beach in new stone revetment; provide native materials and ±4'wide stone splash pad at top of new revetment; fill ±6 locations of voids near top of slope of existing revetment with armor layer±2'x3' dimensional rocks for a total of 4'-5' cubic yards of fill; all void work performed from lawn area at top of slope; care to be taken during construction to minimize impact to existing vegetation; area of disturbance is ±760sq.ft. with ±115 cubic yards or rocks used. Located: 8196 Clay Point Road, Fishers Island. SCTM# 1000-3-1-9.1 Okay, on the 9th of August, the Trustees were all actually able to go out to Fishers Island and inspect this property. The notes say it looks okay as submitted. No issues were present. Under the LWRP, they resolved to find this consistent. And the Conservation Advisory Council did not inspect the property therefore no recommendation was made. Is there anybody who would like to speak on behalf of the applicant? (Negative response). Any thoughts from the Board? TRUSTEE KRUPSKI: No, seems very straightforward. TRUSTEE SANDERS: Okay. I make a motion to close the hearing. TRUSTEE GOLDSMITH: Second. TRUSTEE DOMINO: All in favor? (ALL AYES). TRUSTEE SANDERS: I make a motion to approve the application. TRUSTEE GOLDSMITH: Second. TRUSTEE DOMINO: Motion made and seconded. All in favor? (ALL AYES). TRUSTEE GOLDSMITH: Number two, J.M.O. Environmental Consulting Board of Trustees 11 August 16, 2017 on behalf of ELIZABETH A. E. JOHNSON requests a Wetland Permit and a Coastal Erosion Permit ito remove an existing deck at bottom of bank; install approximately 110' of rock revetment along eroded bank; remove remains of crib dock and remains of damaged timber dock, and construct a 4'x70' fixed dock; a 4'x20' ramp with rails; and an 8'x12' floating dock with 18" legs at each corner to prevent float from resting on bottom at low tide; remove and replace existing embankment stairs to beach; and to install and perpetually maintain a 2' wide buffer strip planted with shrub vegetation and coastal seed mix along the landward edge of the top of the bank. Located: 1990 Peninsula Road, Fishers Island. SCTM# 1000-10-3-11 The LWRP found this to be inconsistent and consistent. The inconsistency was with the dock. A permit was not found for the existing dock structure. And it was consistent as far as the rock revetment. The Conservation Advisory Council did not make an Inspection, therefore no recommendation was made. The Trustees conducted a field inspection on 8/9 citing no objections. Is there anyone here who wishes to speak regarding this application? MR. JUST: Good evening. Glenn Just of JMO Consulting. TRUSTEE GOLDSMITH: Is there anyone else here wishing to speak to this application? (Negative response). Any questions or comments from the Board? (Negative response). I make a motion to close this hearing. TRUSTEE KRUPSKI: Second. TRUSTEE DOMINO: Motion has been made and seconded. All in favor? (ALL AYES). TRUSTEE GOLDSMITH: Seeing no adverse environmental conditions, I make a motion to approve this application under Wetlands and deny it under Coastal because it exceeds the 200-square feet. TRUSTEE BREDEMEYER: Second. TRUSTEE DOMINO: Motion made and seconded. All in favor? (ALL AYES). MR. JUST: Let me just ask one question. This is the first time I'm denied under the Coastal Hazard Erosion. That's for the dock, right? TRUSTEE BREDEMEYER: The dock exceeds 200-square feet and it has to go on appeal to the Town Board. Liz will help you with the information. MR. JUST: Thank you, very much. Have a good evening. TRUSTEE KRUPSKI: Number three, Costello Marine Contracting Corp. on behalf of AIDEN STENSON requests a Wetland Permit and a Coastal Erosion Permit to remove 49' of existing bulkhead and construct 49' of new bulkhead in-place of existing; remove existing 610sq.ft. wood decking and reconstruct a 199sq.ft. deck once bulkhead construction is complete; and to remove existing Board of Trustees 12 August 16, 2017 46' long jetty and construct a new 46' long low profile jetty in-place of existing. Located: 570 Rabbit Lane, East Marion. SCTM# 1000-31-18-12 The LWRP coordinator found this to be inconsistent citing that permit for bulkhead, jetty and deck were not found and it is unclear when the owner extended the dock and bulkhead seaward. This area is prone to repeated structure loss due to storm surge, and it may impede people from navigating the beach. The Conservation Advisory Council resolved to support this application. The Trustees inspected this on 4/11. In the notes that were taken were: Hold for DEC permit; the deck to be less than 200-square feet, and to have the beach access stairs added to the plans. Is there anyone here that wishes to speak to this application? MR. COSTELLO: Jack Costello, Costello Marine, for the applicant, here to answer any questions you may have with regard to this. TRUSTEE KRUPSKI: I was just looking through this quickly. What is the height on the groin going out? MR. COSTELLO: It's going to be 18 inches above grade. That's by DEC rules. TRUSTEE KRUPSKI: Yes. Is there anyone else here that wishes to speak regarding this application? (Negative response). Any comments from the Board? (Negative response). I'll make a motion to close this hearing. TRUSTEE BREDEMEYER: Second. TRUSTEE DOMINO: Motion made and seconded. All in favor? (ALL AYES). TRUSTEE KRUPSKI: I make a motion to approve this application with the following stipulations: New plans depicting beach access stairs; and then also the height of the jetty, people will be able to navigate over it; and we'll be permitting this in which will therefore bring it into consistency with the LWRP coordinator. TRUSTEE BREDEMEYER: Second. TRUSTEE DOMINO: Motion made and seconded. All in favor? (ALL AYES). MR. COSTELLO: Thank you. WETLAND PERMITS: TRUSTEE DOMINO: Under wetland permits, number one, Michael Kimack on behalf of NICHOLAS & BARBARA PALLANTE requests a Wetland Permit to dredge approximately 400 cubic yards of spoil within an approximate 63'x68' (±4,284sq.ft.) area; use approximately 120 cubic yards of dredge spoil to construct a surrounding berm and dispose of the remainder dredge spoils to an approved upland site; construct a ±275 linear foot earthen berm approximately 2' in height with 1 on 3 sides surrounding excavated area; provide a ±320 linear foot long silt fence Board of Trustees 13 August 16, 2017 surround with staked bales around berm; construct steel drop weir within excavated area with outfall pipe to return clarified water to pond; area to be dredged using a long-arm excavator and deposited in excavated area; ±5,000sq.ft. dredging area to be contained by floating booms and silt screening; dredge spoils disposal area to be restored to conditions that existed prior to excavation and spoils deposition; excess excavated material not used in restoration and to be disposed in an approved upland site; and to remove five (5) trees on the property consisting of one (1) 24" caliper; three (3) 6" caliper, and one (1) 2" caliper. Located: 4302 Wunneweta Road, Cutchogue. SCTM# 1000-111-14-30 The Trustees did two inspections on this site. The first inspection was done on 7/11/17. At that time we noted why take down the trees; questioned what the berm is for; questioned the pipe being overflow directly into the water; and questions spoils to an upland site. Subsequent to that, the agent for the owners gave us new plans, and on the second visit the dredging portions were okay; just questioned the depth to groundwater; and noticed that we were now saving the trees by relocating the excavated area. And the Conservation Advisory Council voted to support this application. And the LWRP coordinator found it to be inconsistent. The inconsistency arises from the fact that, one, the trees to be moved are not shown on the plans; the applicant has not shown sufficient control of the silt; and questions the extent of the dredging appears to support the use of a water body and in close proximity to salt marsh vegetation. Is anyone here to speak to this application? MR. KIMACK: Michael Kimack, on behalf of the applicant. I was able to get a revised survey and I delivered four copies to you. Predicated on our visit and predicated on re-staking the site, the re-staking was able to eliminate removal of all trees save one, which is as you can see in the center there. So I would make the amendment that as far as removal of those five trees, we are down to one tree, a 12-inch caliper tree in the middle. that cannot be avoided. But all those trees and all of the vegetation off to the right of that has been left alone, as well as the 24-inch oaks on the other side. There is one other change to the application, and I tried to bring it up the last time. We are not using 120-cubic yards of dredge spoil to build the berm. We are using the excavated soil. I'll never be able to have it stand up around there. The height of the berm, the water table I think has been determined to be about three feet down, basically. I'm not quite sure at what point that was taken because it's 12 to 18 inch variation between one point to the other there. The berm is three-foot high. The top of the berm is at nine. The average elevation on that ground is roughly six. So we are digging down about three feet and we are putting the dredge spoils into that. And the tops of the dredge spoils do not really exceed roughly the average of the existing grade, so you really Board of Trustees 14 August 16, 2017 have a three-foot berm around that. That really is not going to experience much contact with either the water or the spoils going in but it's the safety mechanism that was put in. Then around that berm is the hay bales and the silt fence. Completely around the berm. And as a result of repositioning this whole network, pretty much where that ladder is right there, on this whole side, would be the pipe that will never be used. But it is there because it was -- I had taken this over. I suspect it was probably required by DEC. It's a failsafe which should never have to be used, because of the --would liquid be coming out, yes. But not at the same volume and quantity you are excavating the soils. The calculation is the excavated pit will take all of the dredge spoils. So what little water there may be should basically permeate through and what's left after a little while will go through it. It won't rise three feet up with water or two-and-a-half feet of water above the existing grade to get to the pipe. Which we talked about last time. Are there any questions of me, other than what we discussed? TRUSTEE KRUPSKI: Have you thought about possibly testing the sediment to be dredged? MR. KIMACK: It was interesting because that was not a requirement of DEC. As I understand it from the homeowner, he said to me that it's pretty much sand, because apparently at low tide, Nick, a part of it up against the dock is pretty much exposed. And he said it's fairly clear sand, at that time. They did not consider it to be a hazard or have any kind of-- it was pretty much deposited from Sandy coming through there. TRUSTEE BREDEMEYER: Is it correct to say that the berm is being constructed from the material excavated from that whole -- MR. KIMACK: Yes. That's the only way you can. Yes. There is no other way to kind of stack it up. As you well understand that, basically. And that's pretty much it. It's a pretty straightforward operation. TRUSTEE KRUPSKI: Would you consider testing the sediments? MR. KIMACK: I don't think there is any need. We are basically taking it out and putting it on the ground soil right there in a place which will be contained. I don't see a need to have it tested. DEC didn't have any need to have a test point. TRUSTEE BREDEMEYER: Has DEC written the permit yet? MR. KIMACK: Yes, the permit is written. And also filed with you. I gave you a copy. TRUSTEE DOMINO: Any other questions or comments from the Board? TRUSTEE GOLDSMITH: Are you good with that? TRUSTEE KRUPSKI: I'm not good with that, no. TRUSTEE SANDERS: If you want to make it a requirement. TRUSTEE BREDEMEYER: As a point of discussion, the Board in the past has been reluctant to approve certain dredging projects where the DEC and Army Corps didn't seem to take into account toxics. I mean it's easy to say have upland disposal and move it away. Some stuff may be hot, but we were able to characterize it before it goes into upland disposal. In this case we want to characterize it to make sure it shouldn't otherwise go into upland disposal. What were Board of Trustees 15 August 16, 2017 you thinking of, Nick? TRUSTEE KRUPSKI: I'm not looking for anything too expensive, Really, just maybe more of a failsafe. TRUSTEE BREDEMEYER: A couple of heavy metals? I mean the anticipation wouldn't be to have heavy pesticides or-- MR. KIMACK: When you deal with Army Corps in that situation, if it's an offsite deposition they would ask you to do some testing. If it was sand it would be one level of testing, if it was something in terms of silt or so, it would be a different level of testing. But this is not an offsite deposition. This is onsite. So in a sense it doesn't meet their criteria for testing, unless it's offsite deposition. TRUSTEE BREDEMEYER: Another quick question. Because disposal does not involve placing on beach that might have bird nesting or other issues, is there a dredge window otherwise because of in-water timeframe? MR. KIMACK: In terms of dredging, yes. After September 1st. TRUSTEE BREDEMEYER: Okay. MR. KIMACK: That's written explicitly in the permit. TRUSTEE BREDEMEYER: Would there be an issue with us checking with the DEC analyst just to double check? In other words, we could conclude a discussion with the DEC analyst-- MR. KIMACK: Generally, I agree with these things but I would rather not impose additional cost on my client if I feel it's not necessary, given DEC's involvement and their looking at that. I think it's a fairly sound encasement of the material. It's onsite and shouldn't have an issue. We are not taking it offsite to cause a problem anyplace else. If it's a problem, it stays onsite. Because hypothetically, if there were something in the sand there, wouldn't it be better get it out of there and put it on land rather than leave it in the water? TRUSTEE BREDEMEYER: Well, for the two years until it trances back into the water. TRUSTEE KRUPSKI: Put it out and put it into the groundwater until it can go back in. MR. KIMACK: Anyway, I would think it would be a fairly straightforward operation. I think for the most part it is a sandy material, it should have good permeability, according to what the owner told me. TRUSTEE DOMINO: Mr. Kimack, would you be open to a test hole? MR. KIMACK: A test hole? In the water? TRUSTEE DOMINO: Yes. MR. KIMACK: Using what equipment? TRUSTEE DOMINO: Well, the mechanics, I'm hesitant to—the sample we are taking -- MR. KIMACK: We are only digging down two feet, two-and-a-half feet, we are only going down. I could walk over there and take a bucket up, if you needed it, to go down two feet. If I have low tide, I can go out there with a bucket. But we are not bringing -- it would be very difficult to get a machine down there. We don't have to dig a hole because we are not going down. Take a Board of Trustees 16 August 16, 2017 look at the contours. If you look at the contours, we are not going down that far with the dredging. TRUSTEE KRUPSKI: I'm not arguing that specific. We don't need a geo-probe, but-- MR. KIMACK: To bring a dredge thing to go down two, two-and-a-half feet is not a reasonable request. TRUSTEE DOMINO: Okay. Is there anyone else who wishes to speak to this application? (Negative response). Any other comments from the Board? (Negative response). Hearing none, I make a motion to close this hearing. TRUSTEE SANDERS: Second. TRUSTEE DOMINO: Motion made and seconded. All in favor? (ALL AYES). TRUSTEE DOMINO: I make a motion to approve this application noting a change in location; the cedar tree that is indicated on the plans to be removed -- I have to satisfy the conditions of the LWRP -- and that no other trees be removed. And that the silt fence and berm satisfy the Trustees in regard to preventing silt from entering the basin. That's my motion. TRUSTEE SANDERS: Second. TRUSTEE DOMINO: Motion made and seconded. All in favor? (Trustee Domino, aye. Trustee Bredemeyer, aye. Trustee Sanders, aye. Trustee Goldsmith, aye. Trustee Krupski, nay). TRUSTEE BREDEMEYER: Next application, Michael Kimack on behalf of SOUND SIDE COTTAGE, LLC requests a Wetland Permit to remove existing 143sq.ft. side deck along north easterly side of existing ±28.2'x24.6' one-story dwelling; construct a 252sq.ft. one-story addition to existing dwelling on pilings in location of removed deck; construct new 50sq.ft. entry porch/deck for addition; remove part of existing ±50sq.ft wood walk leading to existing side deck (not to be replaced); remove and replace existing ±66sq.ft. wood walk from existing ±6.17'x7.5' outdoor shower and existing ±8.25'x6.17' laundry shed to above wood walk; existing ±40sq.ft. landing and staircase seaward of bulkhead to remain; existing ±266sq.ft. wood deck at bulkhead to be reduced in size to ±198sq.ft.; existing ±82sq.ft. "L" shaped walkway that attaches to wood deck at bulkhead to remain; remove existing walkway north west of"L" shaped walkway (not to be replaced); existing ±257sq.ft. wood deck with ±39sq.ft. planter attached to seaward side of existing dwelling to remain; and for the relocated existing 100sq.ft. shed to remain. Located: 1840 Leeton Drive, Southold. SCTM# 1000-58-2-11 The application has been deemed to be consistent with the LWRP. The activities in the proposed application were designed to meet both the Building and Zoning approvals where specifically the principal building inspector indicated that the L-shaped walkway must be entirely on-grade. The Conservation Advisory Council voted not to support the Board of Trustees 17 August 16, 2017 application given the history of preserving the dune. The proposed action is intrusive into the dune grasses, which is a highly sensitive area. The Board of Trustees inspected the site on the 8th of August. The Board in reviewing the application noted that the post structures are no further seaward or into the dune than the existing structures which are in fact scaled back. Is there anyone who wishes to speak on behalf of this application? MR. KIMACK: Mike Kimack on behalf of the applicant. Thank goodness this is not another dredging operation. They are tough. They are tough. I'm not quite sure what I have to add. I think the description and the explanation of what we are doing is fairly specific. We had the site visit, you looked at what we are going to be doing. It's pretty much spelled out in the description what is happening. It meets the zoning requirements and we do know we have to, the deck when we leave we have to basically fill the sand up so it's on-grade so we meet that requirement. I understand that. And the forward deck will be cut back to less than 200-square feet from where it is now. And the -- John is right in the sense the existing deck is not anymore seaward than is coming off and essentially the addition is going in the same spot. So I would take exception we are going any further into the dunes because the disturbance is not occurring anyplace other than what has already been. So there is no new disturbance to any part of the dunes that exist. TRUSTEE BREDEMEYER: This is a continuation of a prior action of the Board of Trustees that started in -- MR. KIMACK: It started in the ice age. TRUSTEE BREDEMEYER: That's not one of those I was on in the last century. In 2007 the Board had granted a permit for activities that relate to what we currently have. MR. KIMACK: I believe it was a larger addition at that particular time. Since that time, because of the economics of construction, it's been scaled back. TRUSTEE BREDEMEYER: Any questions? (Negative response). Anyone else here wish to speak to this application? (Negative response). Hearing no further speaking, I make a motion to close the hearing in this matter. TRUSTEE KRUPSKI: Second. TRUSTEE DOMINO: Motion made and seconded. All in favor? (ALL AYES). TRUSTEE BREDEMEYER: I'll make a motion to approve this application as submitted noting it does come into compliance with the Coastal Erosion Hazard Area by reduction in deck size and walkways. TRUSTEE KRUPSKI: Second. TRUSTEE DOMINO: All in favor? (ALL AYES). I Board of Trustees 18 August 16, 2017 TRUSTEE SANDERS: Eileen Rowan on behalf of THOMAS PALMER IRREVOCABLE TRUST & KAREN PALMER IRREVOCABLE TRUST request a Wetland Permit to raise the foundation of the existing 1,228sq.ft footprint one-story, single-family dwelling with attached garage in order to meet FEMA compliance height; remove existing seaward side deck, brick patio and metal ramp; remove existing landward side entry stairs; construct new seaward side 7'x10' deck with stairs to ground; construct new front entry i with stairs to ground; and install a 30sq.ft. mechanical room, and A/C platform. Located: 2200 Deep Hole Drive, Mattituck. SCTM# 1000-123-4-5.1 On August 8th, all the Trustees were present at this property. The field notes only say it's straightforward but requires gutters and leaders to drywells for the construction. Under the LWRP, they find it to be consistent. The Board would like us to consider establishing a vegetative non-turf buffer landward of the bulkhead to reduce lawn area and further Policy Six. And the Conservation Advisory Council supports the application with condition of a ten-foot non-turf buffer. Would anybody here like to speak on behalf of the applicant? MS. ROWAN: Eileen Rowan, on behalf of the applicant. Good evening. I would just like to add that New York State DEC did issue a letter of no jurisdiction recently, and I'm here for any questions of the Board, and I have one question myself for the Board. You just mentioned you would request that a buffer be established. What would you be looking for in the way of a buffer? TRUSTEE SANDERS: Just a ten-foot non-turf buffer from the waterway. MS. ROWAN: Okay. TRUSTEE SANDERS: Is your client willing to accept that? MS. ROWAN: I believe he would be. He's not here for me to ask the question. TRUSTEE SANDERS: Would anybody else like to speak on behalf of the applicant? (Negative response). Any thoughts from the Board? (No response). We didn't mention that in our notes but is that something we want to require, ten-foot non-turf buffer? TRUSTEE DOMINO: It's standard. TRUSTEE KRUPSKI: It's nice to have in the plans; gutters, leaders and drywells. TRUSTEE SANDERS: Okay. Nobody else to speak on behalf of the application, I'll make a motion to close this hearing. j TRUSTEE KRUPSKI: Second. TRUSTEE DOMINO: Motion made and seconded. All in favor? (ALL AYES). TRUSTEE SANDERS: I make a motion to approve this application with the addition of gutters and leaders to drywells and a I Board of Trustees 19 August 16, 2017 ten-foot non-turf buffer. TRUSTEE GOLDSMITH: Second. TRUSTEE DOMINO: Motion has been made and seconded. All in favor? (ALL AYES). MS. ROWAN: Thank you. TRUSTEE KRUPSKI: Number four, HARBOR LIGHTS PROPERTY OWNERS ASSOCIATION, c/o KENNETH PETERSON requests a Wetland Permit to replace 388 linear feet of existing bulkhead in-place with new using vinyl sheathing; and to raise the height of the new bulkhead an additional 12" above existing top grade. Located: 715 Harbor Lights Drive, Southold & 595 Schooner Drive, Southold. SCTM# 1000-71-2-1.2 & 1.3 The LWRP found this to be exempt. The Conservation Advisory Council resolved to support this application. The Trustees have been out twice to this, most recently on August 8th, noting -- looked to see if the dredge spoils could be placed to the west, and also rip rap on the westerly bulkhead because there was some scouring on the end of it. Is there anyone here who wishes to speak regarding this application? MR. PETERSON: Ken Peterson. How much of the property are you requesting to placed and where? TRUSTEE GOLDSMITH: On the westerly bulkhead, if you look at the most landward side of it, you are getting a lot of scouring that was eroding the land there. So if you can come up with — I don't know the actual dimensions, but if you can come up with some rip rap there to prevent that wraparound effect that is scouring and eroding the beach. TRUSTEE BREDEMEYER: It could possibly be, it's so heavily eroded it could be some sand replacement in conjunction. I think you'll have to measure it up. We couldn't discern it from our field inspection. The tide was fairly high. So a combination of sand and rip rap. And the DEC would probably want to look at that as well because of regulations on filling in, what looks like wetland, but it was so eroded behind it, it was seen, the new construction, you want sand to go up to it and some kind of turn to prevent it from further scouring. TRUSTEE SANDERS: Can we put up the pictures that we took? I think it would help out even better. MS. CANTRELL: The ones you took last month? TRUSTEE KRUPSKI: It was this month, Liz. TRUSTEE SANDERS: Yes. We took two. TRUSTEE GOLDSMITH: The pictures don't show it, but if you look at that picture all the way to the right. TRUSTEE SANDERS: All the way to the right, it's open. You can't see it on there, unfortunately. MS. CANTRELL: Do you want the aerial? TRUSTEE DOMINO: You can't see it. You can see a little here. The waves are refracting around the side here and eroding here. So Board of Trustees 20 August 16, 2017 just a few heavy stones would probably do it. MR. PETERSON: I talked to the DEC with regard to sharing more spoils to the west side and they don't consider that a significant change, and they might do that by just a letter of permission. We were not aware this might be required but I'll speak to them again, because the DEC permit has been approved and, you know, we would like to start the project this fall. So the resident who questioned the spoil on the west side has been talking to us and we are working with them to try and share more spoil on that side of the entrance to the canal. TRUSTEE BREDEMEYER: I believe we all think this is a very small amendment to the return, with some rip rap which should also serve everyone's interests to prevent-- MR. PETERSON: I have been talking to the DEC with regard to the fact there might be a small change which they said they could probably address it with a letter. So, with those conditions is the permit going to be approved then? TRUSTEE KRUPSKI: Well, that's what we are working on. TRUSTEE GOLDSMITH: Is there anyone else here who wishes to speak regarding this application? (Negative response). Any questions or comments from the Board? TRUSTEE DOMINO: This may seem self-evident but you are raising the bulkhead 12 inches, that's both sides, the eastern and the western side? MR. PETERSON: Well, initially we were only planning on doing it on the eastern side but we were told it's pretty common and advisable to do it on both sides, so we are going to do it on both sides. TRUSTEE DOMINO: Okay. TRUSTEE KRUPSKI: That would have to be depicted on the plans, too, right? TRUSTEE BREDEMEYER: Yes. TRUSTEE GOLDSMITH: So I'll make a motion to close this hearing. TRUSTEE SANDERS: Second. TRUSTEE DOMINO: Motion has been made and seconded. All in favor? (ALL AYES). TRUSTEE GOLDSMITH: I'll make a motion to approve this application with the condition that both bulkheads be raised by 12 inches and rip rap be installed on the westerly bulkhead, with new plans depicting as such. TRUSTEE SANDERS: Second. TRUSTEE DOMINO: Motion made and seconded. All in favor? (ALL AYES). TRUSTEE KRUPSKI: Number five, Charles Southard on behalf of WILLOW POINT ASSOCIATION, INC., c/o JOHNNY DONADIC request a Wetland Permit to construct an additional dock assembly consisting of a 4'x4' landward wood platform; a 36"x12' adjustable ramp; a 6'x18' floating dock; remove 75sq.ft. of brush on shoreline; and dredge ±26.5 cubic yards and deposit in spoils area on site. Located: 765 Willow Point Road, Southold. SCTM# 1000-56-5-28 The LWRP coordinator found this to be consistent. Board of Trustees 21 August 16, 2017 The Conservation Advisory Council resolved to support this application. The Trustees visited this site on August 8th and the only comment was there was no issues with this application. Is there anyone here that wishes to speak regarding this application? MR. SOUTHARD: Charles W. Southard, Jr., here for the applicant. TRUSTEE KRUPSKI: Anyone else wish to speak to this application? (Negative response). Any comments from the Board? TRUSTEE BREDEMEYER: This is a very straightforward application for a dock that conforms with the existing private homeowners-based marina, which is very well maintained. The Shellfish Advisory Committee has a water sampling station just outside the homeowners marina and the water quality is coming in good so it would indicate the marina participants are all doing the right thing with their onboard waste and such. It's a good project. TRUSTEE KRUPSKI: All right, sounds good. I'll make a motion to close this hearing. TRUSTEE GOLDSMITH: Second. TRUSTEE DOMINO: Motion made and seconded. All in favor? (ALL AYES). TRUSTEE KRUPSKI: I'll make a motion to approve this application. TRUSTEE GOLDSMITH: Second. TRUSTEE DOMINO: All in favor? (ALL AYES). MR. SOUTHARD: Thank you, very much. TRUSTEE DOMINO: Number six, LAUGHING WATERS PROPERTY OWNERS ASSOCIATION requests a Wetland Permit to re-grade the beach area by removing approximately 150 cubic yards of dredge spoil and replacing it with approximately 100 cubic yards of clean dredge sand; remove approximately 120 cubic yards of dredge spoil from existing berm around the perimeter of the parking area; and to improve the existing parking area with select fill so that it is not too sandy for vehicle traffic. Located: 2360 Minnehaha Boulevard, Southold. SCTM# 1000-87-3-60 The LWRP coordinator found this to be consistent. The Conservation Advisory Council voted unanimously to support this application. The Trustees did a field inspection on November 9th and at that time suggested regrading from 35 feet back from the mean low water; the use of coir logs at the seaward perimeter; and discuss vegetation in the parking lot. Advised that survivability might be an issue. Subsequent to that we received the following plans which shows the placement of the coir logs. Is there anyone here to speak to this application? MR. LAYTON: My name is Ken Layton, I'm the Vice-President of LWPOA and I'm just looking for some clarification on the plantings to make sure they were included in this part of the application, and it sounds as if they were because they were not Board of Trustees 22 August 16, 2017 on the paper that I read. Thank you. TRUSTEE DOMINO: Is there anyone else who wishes to speak to this application? MR. BRANSFIELD: Peter Bransfield, living in Laughing Waters, Hiawatha's Path. When we drew up this proposal we had put in there we would test the spoils to be taken away. Now, I was told by the Board members they have been sitting there for two years so they didn't have to be tested. I just wanted to clarify that. That was from a previous dredge project. And they were not tested then. Supposedly they have been sitting there for two years and they are dewatered now, but we don't know that for sure. TRUSTEE BREDEMEYER: My recollection, the prior Board action, because I was there when we did the inspection and there was no requirement for testing. There was no requirement for testing in this particular location, and they had been approved for upland disposal. MR. BRANSFIELD: Very good, thank you. TRUSTEE DOMINO: Any other questions or comments? (Negative response). Anything from the Board? TRUSTEE BREDEMEYER: There are coir logs. TRUSTEE KRUPSKI: So are you planning on using coir logs or anything like that or are you talking about strictly using plants? MR. LAYTON: We were hoping to do coir logs and spartina and we wanted to work with Cornell to make that happen. MR. BRANSFIELD: I spoke to Steve Scott down at Cornell and he said he would help us with any project that we started and to do it sustainably because he's pretty much into that. You know, the position of the coir logs and the -- TRUSTEE DOMINO: We can stipulate a planting plan showing the Spartina, where it's going to go. MR. BRANSFIELD: That's correct. TRUSTEE DOMINO: All right, gentlemen? MR. LAYTON: Yes. TRUSTEE DOMINO: Hearing no further comments, I'll make a motion to close the hearing. TRUSTEE KRUPSKI: Second. TRUSTEE DOMINO: All in favor? (ALL AYES). TRUSTEE DOMINO: I'll make a motion to approve this application as submitted with the condition that we receive a planting plan indicating where the Spartina will be placed. TRUSTEE BREDEMEYER: Second. TRUSTEE DOMINO: Motion made and seconded. All in favor? (ALL AYES). TRUSTEE BREDEMEYER: The next application, Patricia C. Moore, Esq. on behalf of 5345 VANSTON ROAD, LLC requests a Wetland Permit for the construction of a 19.8 linear foot long, 36" to 42" varying high cement retaining wall continued from the adjacent southerly property onto subject property, and tapering down to existing grade; and to regrade disturbed areas. Board of Trustees 23 August 16, 2017 Located: 5345 Vanston Road, Cutchogue. SCTM# 1000-111-14-1 The project has been deemed to be consistent with the LWRP. The Conservation Advisory Council had voted to support this project. This project is a continuation of the one for which we held a hearing and just provided permit action under Item One under the Amendments listed under David and Colleen Bofill. This is a continuation of the wall which starts on their property which was subject to a visit by the constable and the Trustees. The Board in their field inspection on the 8th felt the continuation of a buffer from the adjoining property of the owner could be continued with the same buffer and silt fence and the same non-disturbance area seaward of that silt fence. And we also discussed buffering landward of that, of the silt fence, which we did not bring up in the prior discussion. Is there anyone here who wishes to speak on behalf of this application? MS. MOORE: Patricia Moore on behalf of the applicants. The homeowners are here, too. So if you have any issues we can -- TRUSTEE BREDEMEYER: Okay, fine. We did not entertain a discussion before. The Board sometimes likes to have a transition with a non-turf area then going into, in other words non-turf area behind it. We did not entertain that as part of the discussion with that prior that we have to open that up to amend that. But the feeling of the Board based on field inspection is the retaining wall is adequate and that we would want to see that the silt fence line would be extended. In other words the line of the silt fence, seaward of the silt fence would then become a non-disturbance area. MS. MOORE: They understood that already. That was already, I believe was already understood by them. TRUSTEE BREDEMEYER: I'm not sure if they were here when we started the first hearing. MS. MOORE: I wasn't, but they were. Which is good. TRUSTEE BREDEMEYER: And you didn't choose to speak, okay. Any questions? TRUSTEE KRUPSKI: I'm fine with that. TRUSTEE BREDEMEYER: Any further questions? MS. MOORE: There will be a need obviously for some restoration and grading, so after that you are talking about. TRUSTEE BREDEMEYER: As a point of clarification, I think it's Mike Domino in the green shirt on the left. The silt fence was a little seaward of that, so the area that is disturbed there, we understand that will be refurbished. MS. MOORE: ON seaward of that. Okay. I didn't visualize that. TRUSTEE BREDEMEYER: We would like to have the silt fence be formalized as the point put on the survey for both properties. Seaward of that would be the non-disturbance area, which is a beautiful assemblage of bayberry and native vegetation. It hasn't been run over by the bad guys yet. So it would probably stay stable and it Board of Trustees 24 August 16, 2017 doesn't block ivy. So it's a nice place to leave it alone. All right, any questions? (Negative response). MS. MOORE: Okay. TRUSTEE BREDEMEYER: I'll make a motion to close the hearing in this matter. TRUSTEE KRUPSKI: Second. TRUSTEE DOMINO: Motion made and seconded. All in favor? (ALL AYES). TRUSTEE BREDEMEYER: I'll make a motion to approve this application as submitted with the stipulation that the silt fence starting on the property of the owner to the south continue and be --the silt fence be mapped on the plan and that the area seaward to the Wunneweta Pond be a non-disturbance area with a restricted covenant filed. TRUSTEE SANDERS: Second. TRUSTEE DOMINO: Motion made and seconded. All in favor? (ALL AYES). TRUSTEE SANDERS: Number eight, En-Consultants on behalf of JAMES & LINDA GEMMILL request a Wetland Permit to remove existing wood deck and covered porch from south/waterside of existing single-family, one-story dwelling; remove brick walks on west side of dwelling, and construct a 1,005sq.ft. one-story addition, 704sq.ft. of covered porches over masonry patios with steps, and new cellar entrance; install a drainage system consisting of gutters, leaders and drywells to the entire dwelling; remove existing 16'x20' wood deck from top of bank and construct a 10'x16' on-grade masonry patio landward of top of bank; replace existing embankment stairway and landings with new stairway consisting of a 4'x14' landing, 4'x6' steps, 4'x4' middle landing, and 4'x11' steps to an 11'x20' section of existing deck, and 8'x12' shed behind bulkhead to remain; remove 11'x16' section of existing deck behind bulkhead; replace and relocate existing 4'x6' steps to beach; establish and perpetually maintain a 10' wide non-turf buffer landward of top of bank; and to remove and replace existing sanitary system located beyond Trustee jurisdiction. Located: 6004 Indian Neck Road, Peconic. SCTM# 1000-98-5-18 On the 8th of August, all Trustees were present when this property was examined. The notes say it looks straightforward but there was a question on the deck size at the bottom. The LWRP has found this to be consistent, with a note, they are saying the existing as-built 11 x19.7 section of the deck to remain is recommended as inconsistent with the below-listed policies. They also make a note about the as-built deck and shed structures were constructed without a Wetlands permit; the 11 x69 grade platform deck does not comply with the following Town Code. All right, the Conservation Advisory Council has found that they support this application as recommended. A review of the removal of trees on the embankment and retractable stairs at the Board of Trustees 25 August 16, 2017 base of the staircase. Is there anybody here who would like to speak on behalf of the applicant? MS. HERRMANN: Susanna Herrmann of En-Consultants for the applicant. Jim Gemmill is here as well. The homeowner. With respect to the deck at the bottom of the embankment, landward of the bulkhead, that, a portion of that is being removed. There is an 11x16 section is being removed. The portion that is to stay is the 11 x19.7 section that is around the existing shed. It was built prior to the Trustees' jurisdiction. And the square footage of the deck that is proposed to remain is 216.7. It was also, this is Rob Herrmann's application. He couldn't be here tonight and I'm filling in, so if I'm a little rusty -- TRUSTEE BREDEMEYER: As a point of information this is Rob's lovely wife Susanna. MS. HERRMANN: Susanna Herrmann. Good evening, everyone. I feel like I'm in this alternate universe where Rob usually comes in, and I'm entering into it tonight. But he wanted to me to point out that that deck was there when the Trustees issued the permit for the bulkhead replacement a few years ago and that you did reference that in your approval. So we would like to leave that existing portion of the deck which is just over the 200-square feet. It allows just enough for him to walk around that existing shed. And it does predate Trustees'jurisdiction. TRUSTEE SANDERS: I don't think we had an issue with that at all. TRUSTEE BREDEMEYER: On field inspection, we didn't have a problem with it being cut back. MS. HERRMANN: We are also doing a ten-foot non-turf buffer on the embankment, adding drywells for the entire structure, not just the addition. And removing the deck that overhangs the embankment, that is to be removed and replaced with a smaller patio that will be on the landward side of the embankment. So I think it would be a good project. TRUSTEE SANDERS: Anybody else like to speak on behalf of the applicant? (Negative response). Any thoughts from the Board? (Negative response). I'll make a motion to close the hearing. TRUSTEE BREDEMEYER: Second. TRUSTEE DOMINO: Motion made and seconded. All in favor? (ALL AYES). TRUSTEE SANDERS: I'll make a motion to approve the application. By granting the permit for this application will bring it into compliance and fulfill the LWRP. TRUSTEE BREDEMEYER: Second. TRUSTEE DOMINO: Motion has been made and seconded. All in favor? (ALL AYES). TRUSTEE GOLDSMITH: Number nine. En-Consultants on behalf of Board of Trustees 26 August 16, 2017 PREVITE INVESTMENT TRUST request a Wetland Permit to construct a fixed timber dock with water and electricity, consisting of a 4'x8' landward ramp leading to a 4'x124' fixed elevated catwalk with open-grate decking; a 3'x14' hinged ramp; and a 6'x20' floating dock secured by two (2) 8" diameter pilings. Located: 1570 Broadwaters Road, Cutchogue. SCTM# 1000-104-9-7 The LWRP found this to be inconsistent. The inconsistencies are the materials and construction methods have not been identified, and the dock structure will result in a net decrease in public access to public underwater lands. The Conservation Advisory Council resolved to support this application and recommends the lighting on the docking facility is Dark Skies compliant. The Trustees conducted a field inspection on August 8th, noting it's basically a straightforward application. Is there anyone here who wishes to speak regarding this application? MS. HERRMANN: Susanna Herrmann, En-Consultants. Our contractor Ian Crowley is also here if you have any questions on this as well. TRUSTEE GOLDSMITH: The only one, I have to address the LWRP inconsistency is I'm sure you'll build it in accordance with Chapter 275-11, construction standards? MS. HERRMANN: I'm sure it's designed to those standards. TRUSTEE BREDEMEYER: Do we have thru-flow on the project? MS. HERRMANN: Yes. Open-grate decking is proposed for the decking. TRUSTEE BREDEMEYER: And it is consistent with the small vessel docks either side of it and it's within the pier line? TRUSTEE GOLDSMITH: Yes. Anyone else here wishing to speak to this application? (Negative response). Questions or comments from the Board? (Negative response). I'll make a motion to close this hearing. TRUSTEE KRUPSKI: Second. TRUSTEE DOMINO: Motion made and seconded. All in favor? (ALL AYES). TRUSTEE GOLDSMITH: I'll make a motion to approve this application with the stipulation that the dock standards subject to chapter 275-11 are followed in construction to address the inconsistency. TRUSTEE KRUPSKI: Second. TRUSTEE DOMINO: Motion made and second. All in favor? (ALL AYES). MS. HERRMANN: Thank you, very much. TRUSTEE KRUPSKI: Number ten, Samuels & Steelman Architects on behalf of JOSEPH & LAURA MAZZA request a Wetland Permit to demolish 570sq.ft. of existing westerly one-story section of existing dwelling; construct new 719sq.ft. (footprint) westerly two-story addition situated no further seaward than existing; Board of Trustees 27 August 16, 2017 remainder of existing dwelling, pool, terrace, and porches to remain; and to install an additional septic system with existing to remain to accommodate new addition. Located: 280 Basin Road, Southold. SCTM# 1000-81-1-19 The LWRP coordinator found this to be consistent. The Conservation Advisory Council resolved to support this application. The Trustees visited this property on August 8th and at the time found no issue. Is there anyone here that wishes to speak regarding this application? MR. SAMUELS: Tom Samuels on behalf of the applicant, and really just to here answer any questions. TRUSTEE KRUPSKI: Anyone else here to speak regarding the application? (Negative response). Any thoughts or comment from the Board, aside from it being fairly straightforward? (Negative response). Okay, I make a motion to close this hearing. TRUSTEE GOLDSMITH: Second. TRUSTEE DOMINO: A motion has been made and seconded. All in favor? (ALL AYES). TRUSTEE KRUPSKI: I make a motion to approve this application as written. TRUSTEE GOLDSMITH: Second. TRUSTEE DOMINO: Motion made and seconded. All in favor? (ALL AYES). TRUSTEE DOMINO: Number eleven, Samuels & Steelman Architects on behalf of MICHAEL & MARY HEAGERTY request a Wetland Permit to renovate existing two-story dwelling with a 1,564sq.ft. footprint, including opening existing 250sq.ft. covered porch, re-siding, re-roofing, new windows; new 154sq.ft. wood entry stairs to dwelling; install gutters to leaders to drywells on the dwelling to contain storm water runoff re-align gravel driveway; new sanitary system with retaining walls to be installed landward of Trustee jurisdiction; removal of 2,346sq.ft. of existing wooden walkways; proposed at-grade 389sq.ft. stone terrace; proposed stepping stone paths to be installed; remove a 168sq.ft. portion of existing deck at top edge of slope with 201 sq.ft. of deck to remain; remove a 300sq.ft. portion of existing deck on the beach with 295sq.ft. of deck to remain; construct 25sq.ft. of stairs from deck to beach; remove the shower from the existing 93sq.ft. beach cabana to remain; re-side and re-roof cabana; existing ±3'x75' stairs down slope to beach to remain and be repaired as needed; and to remove the existing 169sq.ft. gazebo, not to be replaced. Located: 10550 Nassau Point Road, Cutchogue. SCTM# 1000-119-1-16 Board of Trustees 28 August 16, 2017 The LWRP found this to be consistent and inconsistent. The inconsistency arises from the fact that the deck and cabana are located within FEMA flood zone VE13 and are subject to loss during storm events. Currently notes the deck and cabana are in elevation 9.4 feet. In addition, the inconsistency arises from the fact that the structures were built without Trustee permit. The Trustees did a field inspection on 8/8/2017, and I'm going to have to ask Nick to decipher this handwriting for me. TRUSTEE KRUPSKI: House and patio look okay. Remove cabana and possibly remove some of deck. TRUSTEE DOMINO: Okay. And the Conservation Advisory Council voted to support this application with the submission of an accurate site plan, which we have. And suggest retractable stairs at the base of the staircase. Anyone here to speak to this application? MR. SAMUELS: Tom Samuels, Samuels & Steelman Architects, and Michael and Mary Heagerty are also in attendance tonight. Basically, we are trying to clean up this house. It's meeting setbacks for zoning so we are leaving it as is and just reskinning it entirely. For your guys' sake of course down on the beach is the issue and we are removing more than half of the existing deck you see there. Everything to the left of that stairs is to be removed. Then just cleaning up the rest. The DEC has granted us a permit for this project. TRUSTEE DOMINO: Can you address the suggestion about retractable stairs? MR. SAMUELS: Where are they intended? Here, on this? Or on the -- because there are two stairs; one that comes down the bank to the beach and the other is from here which would be moved to where that, on the right-hand side by the little cabana. TRUSTEE DOMINO: I see CAC member John Stein here. MR. STEIN: Both. The one going down to the beach on the side. MR. SAMUELS: I'm not sure what is meant by retractable. MR. STEIN: It's in the FEMA flood map, 9.4, that way you can at least get that up six feet on the storm. MR. SAMUELS: It's awkward a little bit to have that, especially in this case because you have to let down the stair before you go up on the deck. I'm not sure how that exactly works. I can see like from the top of a bulkhead down to a beach where you have davits or something and you can let it down from above. But in this case, I think it would be a heck of a lot easier for my clients if they could just walk up the stairs. I understand the point, but. TRUSTEE GOLDSMITH: How about possibly removable stairs? MR. SAMUELS: Removable is fine. Like with a bolt, at the bottom. TRUSTEE GOLDSMITH: In case a storm is coming you can pop it out. MR. SAMUELS: Sure. I think that's more practicable than having mechanisms that will get maybe damaged anyway and are expensive to install. MR. STEIN: The Trustees and CAC are just trying to prevent as in years past, staircases have just been flushing projectiles Board of Trustees 29 August 16, 2017 during storms. MR. SAMUELS: Sure. So what I understand this to mean is there would be stairs but they would be physically removable by bolts, you can leave them in, when a storm comes you would be advised to remove them, but they would not appear that different, is the way I understand it from what is there now, except they would be in fact removable by simple means. TRUSTEE GOLDSMITH: Correct. MR. SAMUELS: Okay, I think that's acceptable. TRUSTEE DOMINO: Any other questions from the Board? (Negative response). Any questions or concerns about the rebuild? TRUSTEE KRUPSKI: I mean, it's more a matter or question if this whole structure should be there. It's already there and it's in good working order currently and you are proposing to remove more than half of it. I just hesitate to permit it in. So if you want to move ahead with the work and just say it cannot be replaced, I think I would be a little more comfortable with that. If the next Sandy comes through and wipes it out, that would probably be it, kind of situation. MS. HEAGERTY: Mary Heagerty. Are you saying remove it now? TRUSTEE KRUPSKI: No, I'm more so saying if we permit it in and then another hurricane hits and wipes the whole thing out, now we have all this basically what will be trash at the time, out in the bay, which will just have obvious impacts. So I personally would be more comfortable letting you do the work now but not permitting it in for the future. So if it gets wiped out by a hurricane, that would be it. MS. HEAGERTY: What if we shore it up now and kind of-- I mean, I have been there, it's my family's house since '76, so. And this is, I know the neighbors had to replace after the last storm. If we did work to prevent it from being swept away? TRUSTEE GOLDSMITH: What he's looking for is to repair it but not replace it. So you can do normal maintenance, but if it does get wiped out, not to put a new structure in its place. MS. HEAGERTY: So if it flops over like my neighbor's, we can repair it, but if it goes away, we can't rebuild. Is that what you are saying? TRUSTEE BREDEMEYER: The provisions of Wetlands permit allow you to repair but if we have a stipulation of total replacement after loss in a storm, which also you couldn't do without a permit anyway, you can get yourself in a very awkward position where if you were to try to replace it under permit you are in violation of the code. I think we are trying to maybe, it's a definitional difference. We simply don't want a situation that would put you between the veritable Board and the bay constable should you lose the structure during a storm and try to do a rebuild without permitting. The Board is usually fairly, I would say circumspect with respect to trying to keep the functional structures that are functional going, but after our experience with Sandy we just don't want, like Nick said, we don't want a lot of stuff floating around the bay taking out bulkheads and Board of Trustees 30 August 16, 2017 taking out structures and doing damage. MS. HEAGERTY: So to repair it, to be clear, if there is damage from a storm and it's tipped or a little bit, we can tidy it, but not rebuild it. But, which I don't have any intention of ever rebuilding it. But I just don't want if the stairs get swept away or a couple of rails, you say you can't fix it. MR. HEAGERTY: So repair and not replace. MS. HEAGERTY: Okay, we are good. Thank you. TRUSTEE DOMINO: Anyone else wish to speak to this application? (Negative response). Any other comments from the Board? (Negative response). Hearing none I make a motion to close this hearing. TRUSTEE SANDERS: Second. TRUSTEE DOMINO: Motion made and seconded. All in favor? (ALL AYES). TRUSTEE DOMINO: Motion to approve this application with the requirement that stairs to the beach removable, both stairs, and note that repairs can be made to the beach cabana but there will be no future rebuilds. TRUSTEE BREDEMEYER: Replacement. Is that a better term? TRUSTEE DOMINO: No future replacement. TRUSTEE KRUPSKI: That's a good term, sure. TRUSTEE DOMINO: Do I have a second? TRUSTEE BREDEMEYER: Second. TRUSTEE DOMINO: Motion made and seconded. All in favor? (ALL AYES). MR. SAMUELS: Thank you, very much. TRUSTEE DOMINO: Motion to adjourn. TRUSTEE GOLDSMITH: Second. TRUSTEE DOMINO: Motion made and seconded. All in favor? (ALL AYES). Respectfully submitted by, Michael J. Domino, President Board of Trustees REC JIVED ` led �1;3aww, SEP 2 2 2017 S thold Tow Clerk