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Home My WebLink AboutTR-09/25/2002Albert 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 PRESENT WERE: MINUTES Wednesday, September 25, 2002 7:00 PM Albert J. Krupski, Jr., President James King, Vice-President Artie Foster, Trustee Ken Poliwoda, Trustee Peggy Dickerson, Trustee Kathleen Murray, Assistant Town Attorney Charlotte Cunningham, Clerk CALL MEETING TO ORDER PLEDGE OF ALLEGIANCE NEXT FIELD INSPECTION: Wednesday, October 9, 2002 at 8:00 AM TRUSTEE PO/IWODA moved to Approve, TRUSTEE KRUPSKI seconded. ALL AYES NEXT TRUSTEE MEETING: Wednesday, October 16, 2002 at 7:00 PM WORKSESSlON: 6:00 PM TRUSTEE KING moved to Approve, TRUSTEE DICKERSON seconded. ALL AYES APPROVE MINUTES: Approve Minutes of July 24, 2002 and August 21,2002 TRUSTEE KING moved to Approve, TRUSTEE DICKERSON seconded. ALL AYES I. MONTHLY REPORT: The Trustees monthly report for August 2002. A check for $1,783.40 was forwarded to the Supervisors Office for the General Fund II. PUBLIC NOTICES: Public Notices are posted on the Town Clerk's Bulletin Board for review September 25, 2002 Board of Trustees Public Meeting Minutes Ill. AMENDMENTS/WAIVERS/CHANGES: Samuels & Steelman Architects on behalf of JOHN & SUSAN BEDELL request an Amendment to Permit #5514 for a new sanitary system as per NYS DEC requirement. Located: 375 Wampon Way, Southold. SCTM#87-02-37&38 TRUSTEE KRUPSIG moved to Approve the application, TRUSTEE KING seconded. ALL AYES Catherine Mesiano on behalf of WILLIAM LOIS request an Amendment to Permit #5583 to fill cleared area with a quantity of clean fill sufficient to bring the grade level with the adjoining lots and the road - quantity fill to be brought on site is estimated to be <500 cubic yards. Located: 58105 North Road, Greenport, NY SCTM#44-2-9 TRUSTEE KING moved to Approve the application, TRUSTEE DICKERSON seconded. ALL AYES THEODORE ANGELL request an Amendment to Permit #5534 to reconstruct the existing 6'x6' float in its exact present location - parallel to the bulkhead being reconstructed to include the 6'x6' access platforms, 3'x20' ramps on each end of the float to be reconstructed. Located: 305 Gull Pond Lane, Greenport, NY SCTM#34-4-28.25 TRUSTEE POLIWODA moved to approve the application with the stipulation that a survey is provided, TRUSTEE DICKERSON seconded. ALL AYES ROBERT & SUSAN TOMAN request an Amendment to Permit #5239 to change the house and garage configuration, install a 20'x40' pool and deck. Located: 3480 Main Bayview Road, Southold, NY SCTMf178-2-13 TRUSTEE KRUPSKI moved to approve the application with the amended survey to include the drywells and gutters for the house and garage, and a drywell for the pool backwash, TRUSTEE KING seconded. ALL AYES 5. Proper-T Services on behalf of AL STRAZZA request an Amendment to Permit #5132 to add handrail to dock. Located: 1255 Grathwohl Road, New Suffolk, NY SCTM#117-1-16 TRUSTEE KRUPSKI Motioned to Table application, TRUSTEE FOSTER Seconded. ALL AYES 6. Proper-T Services on behalf of FREDRICK MAYNE request an Amendment to Permit #5362 to remove and replace, in kind/in place, 107 +/- linear feet of bulkhead, 77 +/- linear feet of 4' wide September 25, 2002 Board of Trustees Public Meeting Minutes walk 19 +/- linear feet of 4'-8" wide walk 4'x5'-6" +/- stair landing 3'x9' +/- stairs to grade float to remain in present location. Located: 860 Bayberry Road, Cutchogue, NY SM#118-1-15.1 TRUSTEE DICKERSON moved to Approve the application, TRUSTEE POLIWODA seconded. ALL AYES 7. Proper-T Services on behalf of JOSEPH ZITO request an Amendment to Permit #5104 to change retaining wall length increased from 55' to 58' to stabilize fiber rolls instead of timbers and the overall length of the fiber rolls is reduced from 45' to 40' length of walkway is increased from 4'x18' to 4'x27', 4'x16' ramp is eliminated and 6'x20' float eliminated fixed L section 10' in overall length with steps at seaward end is attached to the walkway and two (2) pile dolphins are eliminated. One-Year Extension to Permit #5104. Located: 3600 Deep Hole Creek, Mattituck, NY SCTM#115-17-8 TRUSTEE KING moved to Approve the application, TRUSTEE DICKERSON seconded. ALL AYES 8. Eh-Consultants, Inc. on behalf of RICHARD & KATHLEEN O'TOOLE request an Amendment to Permit #5595 to allow installation of 4'x5' cantilevered platform 3'x15' hinged ramp and (1) 6'x20' float. Located: 2280 Ole Jules Lane, Mattituck, NY SCTM#122-4-10 TRUSTEE KRUPSKI moved that the boat should be tied against the bulkhead, TRUSTEE POLIWODA seconded. ALL AYES J. Kevin McLaughlin, Esq. on behalf of RONALD & KATHY LOFRESE request a waiver to erect a post and rail fence along the southeast property line that abuts the property from the front to the bulkhead line as shown on survey. Located: 3050 Minnehaha Blvd., Southold, NY SCTM#70-10-29.2 TRUSTEE POLIWODA moved to Approve the application, TRUSTEE DICKERSON seconded. ALL AYES 10. Patricia Moore, Esq. on behalf of MARC & ANNA CLEJAN requesting a one- year extension to Wetland Permit #5241 dated November 5, 2000. Located: 2570 Clearview Avenue, Southold, NY SCTM#70-10-28.2 TRUSTEE KRUPSKI moved to Approve the application, TRUSTEE FOSTER seconded. ALL AYES 11. Costello Marine Contracting Corp. request a change of name from HELEN REITER to Carol Denson, Carl D. Reiter and Joan September 25, 2002 Board of Trustees Public Meeting Minutes Cochran. Located: 62900 Main Road, Southold, NY SCTM#56-6- 9.2 TRUSTEE KING moved to Grant Transfer of permit with a condition that amended plans include a continuous drainage buffer running the entire length of the bulkhead, TRUSTEE DICKERSON seconded. ALL AYES 12. Patricia C. Moore, Esq. on behalf of GEORGE & ROCHELLE REIS requesting a One Year Extension to Permit-#5224. Located 580 Lloyd's Lane Mattituck, NY SCTM#99-3-4.02&4.03 TRUSTEE KING moved to Approve the application, TRUSTEE DICKERSON seconded. ALLAYES 13.JOHN & JOY GALLAGHER request a change of name from John S. Tesser to John & Joy Gallagher. Located: 730 Bayview Drive, East Marion, NY SCTM#37-5-4 TRUSTEE POLIWODA moved to Approve the application, TRUSTEE DICKERSON seconded. ALL AYES. TRUSTEE FOSTER moved to go off the Regular Meeting and onto the Public Hearings, TRUSTEE DICKERSON seconded. ALL AYES IV. PUBLIC HEARINGS: THIS IS A PUBLIC HEARING IN THE MATTER OF THE FOLLOWING APPLICATIONS FOR PERMITS UNDER THE WETLANDS ORDINANCE OF THE TOWN OF SOUTHOLD. I HAVE AN AFFIDAVIT OF PUBLICATION FROM THE SUFFOLK TIMES. PERTINENT CORRESPJONDENCE 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 NANCY A. KONGOLETOS requests a Wetland Permit to build a two story single family dwelling with two car attached garage, structure will have a wrap around porch to a deck - in ground pool - clear 4 foot wide path down to water to be covered with wood chips. Located: 57958 Main Road, Southold, NY SCTM#66-2-2.4 NANCY KONGOLETOS: I'm Nancy Kongoletos. I just wanted to point out that since your inspection of Sept. 18, when we mentioned we might move 4 September 25, 2002 Board of Trustees Public Meeting Minutes the house closer to the water, we actually did move it 10' closer to the water. At this time I'd also like to ask you, we were also concerned about the property from the tree line down to the water, if there is a dead tree in that area, how do I go about removing that dead tree? Do I need permission or whatever? TRUSTEE KRUPSKh It's a non-disturbance buffer, so you don't disturb it. It's part of the natural environment, we want to see that left as a wildlife corridor, and it's part of a buffer to buffer the upland activity from the wetland. That shouldn't be disturbed. NANCY KONGOLETOS: Even if I consider it to be a safety issue, it's to be left? TRUSTEE KRUPSKh What sort of safety issue? NANCY KONGOLETOS: It's a very large and very dead wild cherry tree, and I do have children, and I do expect them to be going in and out from that area to the water. TRUSTEE FOSTER: How long path are you talking about? NANCY KONGOLETOS: I'm talking in general. I was led to believe that I can use this property, and I've got young kids sure to be using it. TRUSTEE FOSTER: They can't go in the non-disturbance area. TRUSTEE KRUPSKh How old are your children? NANCY KONGOLETOS: The two youngest ones are 10 ½ and 11 ½. My adult children may or may not be going in there. TRUSTEE KRUPSKh The Board's policy has always been that you can't touch anything in there, but if you have a specific item like that, and you bring it to the board's attention. I don't know. I mean it it's a safety issue that needs to be addressed. NANCY KONGOLETOS: Would you feel better with a photograph of the tree? TRUSTEE KRUPSKh Yes. NANCY KONGOLETOS: This doesn't have to be decided tonight. TRUSTEE KRUPSKI: Artie, do you have a problem with that? TRUSTEE FOSTER: That's the same tree that George Weiser wanted to cut down before he sold the property. I don't have a problem with that. TRUSTEE KRUPSKh I would say submit a picture of the tree with a letter requesting its removal. NANCY KONGOLETOS: I want to specify that I don't need to take out the roots of the tree, just the top part. TRUSTEE POLIWODA: Anyone else like to comment? TRUSTEE KRUPSKI: My one comment is that the house meets our setbacks, as far as non-disturbance buffers and septic setbacks, and that they provided roof runoff. September 25, 2002 Board of Trustees Public Meeting Minutes TRUSTEE POLIWODA: I'll make a motion to close the public hearing. TRUSTEE DICKERSON: Seconded. ALL AYES TRUSTEE POLIWODA: I move to approve the wetland permit on behalf of Nancy Kongoletos with the condition that it meets the 50' undisturbed buffer on the wetlands, as well as the 100' setback from the septic system, and the house will contain roof runoff, and a drywell for the backwash for the pool. TRUSTEE DICKERSON: Seconded. ALL AYES J.M.O. Consulting on behalf of CHRISTOPHER PlA request a Wetland Permit to dredge a 12'x360' channel to a depth of-4' the resultant spoil (320 c.y.) of sand will be placed on adjacent beach for beach nourishment. Located: 1455 Inlet Way, Southold, NY SCTM#92-1-4 TRUSTEE KRUPSKh CAC comment, let me read it - disapproval for the application because the area contains shellfish beds, salt grass .... GLENN JUST: From what I can see from old records, it might have been man-made years ago. It is my understanding that Mr. Dowd, adjacent neighbor to the east, has an ongoing maintenance for it to be dredged out. TRUSTEE KRUPSKh He has a 10-year permit to take that tip off periodically. GLENN JUST: I met with Mr. Dowd the latter part of last week when I was putting those DEC - for the Trustees inspections. He's under the same idea that he'd like to see a bit of the - there is a little channel, about 8' wide, I don't know where it came from or the history, I can't find the record. They were thinking of taking a small hydraulic pump, talking with Joe Eckert whose been on the board, about taking material from the canal, pumping about 100' over Mr. Dowd's driveway, and placing it on the beach for beach nourishment. TRUSTEE KRUPSKh So it would be pretty prime material right? GLENN JUST: I think, after falling in it twice, yes. TRUSTEE KRUPSKh Seriously, I don't know if that material would be consistent with the beach material. It looked pretty muddy. GLENN JUST: When you are actually dredging, the idea is to try to get the dredge on the hard- because the silt- I'm sure you've heard this argument a thousand times before. TRUSTEE KRUPSKh One of the problems of this is where to put all these kinds of material. GLENN JUST: 85% of this material is hard, that silty stuff seemed to dissipate as it was pumped out. The hard stuff does sit on the beach until it's transported down drift. It's basically the same thing they did at Goldsmiths Inlet, a little bit of silt, then the hard material on the top, the same thing the county does with all the dredging jobs in town. TRUSTEE KRUPSKh This is a little different in that it's really an undisturbed area. September 25, 2002 Board of Trustees Public Meeting Minutes GLENN JUST: I think it's man-made. We've seen from all the subdivision maps that those 2 or 3 canals in the back were created to make waterfront property for those lots that were in there. TRUSTEE KING: Seems like an odd way to create a canal though. Why would they cut it three, almost like Gull Pond is, seems like a natural beach or canal. We are still in negotiations with the State, which requires a site meeting with the Trustees. TRUSTEE KRUPSKh That would be a very good idea, we'd like to see a state- there's a lot of concerns, one, of course, is the environmental effect that dredging would have, removing this much material from that area would have. GLENN JUST: It's a narrow body of water. TRUSTEE KRUPSKI: We werethere. We are familiar with it. The second concern, the State issued these statements - to the site, especially, across the way, there seems to be a steep bank, the third is ultimate fate of the dredge spoil, the consistency of the dredge spoil. Is there any other comment? TRUSTEE DICKERSON: I'll make a move to Table the application. TRUSTEE KRUPSKh Seconded. ALL AYES 3. J.M.O. Consulting on behalf of ARISTDIS SPERES request a Wetland Permit to construct 55' of retaining wall, a 10' return and to backfill structure with 10c.y. of sand to be brought in from an upland source. Located: 9675 Nassau Point Road, Cutchogue, NY SCM#119-01-4 TRUSTEE DICKERSON: Is there anyone here who wants to speak about this application? GLENN JUST: Glenn Just, again, for the applicant. I would appreciate - the property is already bulk headed, and it's a small retaining wall located along the bluff, that's severely eroding. Just in the last month or two, Mr. Speres wanted to do the same thing. He actually wanted to get an application in time to amend the neighbors' property, and do the wall at the same time, but it just couldn't be done. TRUSTEE KRUPSKI: I looked at it two months ago when the neighbor was building. It was impossible. We would have liked to make an exception, but it couldn't be done. GLENN JUST: Totally understandable. TRUSTEE DICKERSON: I'll move to approve the application and close the hearing. TRUSTEE KRUPSKI: Seconded. ALL AYES September 25, 2002 Board of Trustees Public Meeting Minutes ROBERT KRUDOP request a Wetland Permit to construct a two story dwelling with garage, in-ground 16x32 swimming pool. Located: 4650 Ole Jule Lane, Mattituck, NY SCTM#122-04-34 TRUSTEE KING: Anyone here wish to comment on this application? ROBERT KRUDOP: I'm Robert Krudop, I was wondering if you have any questions for me. TRUSTEE KRUPSKI: The only thing we want to see on the survey is drywells, the roof runoff, and the drywell for the pool backwash. ROBERT KRUDOP: I don't understand what you're saying. TRUSTEE KRUPSKI: We want to contain all the runoff on the property, because when you put the house in, there's going to be a lot more runoff then just the lawn, so you have to show on the survey, drywells to contain the roof runoff, and a drywell to contain the pool backwash, so that backwash doesn't end up directly in the creek with the chlorine in it. It's standard on every application. ROBERT KRUDOP: I've never had a pool, so I guess I'll learn. Thank you. TRUSTEE KRUPSKI: It's pretty standard. ROBERT KRUDOP: You want another septic tank for the pool backwash and a couple of rings for the roof runoff. TRUSTEE KRUPSKh Gutters and leaders for the house. ROBERT KRUDOP: Question, the front of my house, I have 55'x55' AD, the surveyor put a box, my architect isn't finished with the design, the house may be a bit wider in the front than 55' in the front, creek side, but I don't want to go for a variance, I want to work within the area. There's a little line, it might be like 65', sets the house so it blends in with the area. I want you to know that. In other words there's not going to be exactly 55'x55. TRUSTEE KRUPSKI: The Building Department is going to send you back here with a different plan. If we stamp this today, it's going to be different. ROBERT KRUDOP: The footprint of the house is going to be a little bit different. TRUSTEE KRUPSKI: It's not going to be a problem. TRUSTEE FOSTER: Is there a building envelope on it? TRUSTEE KRUPSKi: He said he's going to change it. ROBERT KRUDOP: The square footage, more than likely, will not change because I'm going to set the house within the plot. Naturally, nobody builds a square house anymore. TRUSTEE KRUPSKI: This board is going to have a problem. It might be easier to submit this at the same time. We might put up a hay bail during construction. TRUSTEE KING: I'll make a Motion to Close the hearing. TRUSTEE DICKERSON: Seconded. ALL AYES September 25, 2002 Board of Trustees Public Meeting Minutes TRUSTEE KING: I'll make a motion to approve the application with the condition that a survey including drywells and gutters, and backwash for pools be submitted, and a hay bail put in place during construction. TRUSTEE FOSTER: Seconded. ALL AYES GERALD H. SCHULTHEIS request a Wetland Permit to repair roof by reframing and re-shingle - remove existing roof and replace with new framing. Located: 1640 First Street, New Suffolk, NY SCTM#117-5-46.3 TRUSTEE KRUPSKh Anyone like to comment on behalf of the application? GERALD SCHULTHEIS: I'm Gerry Schultheis, does anyone have any questions? TRUSTEE KRUPSKI: Is location of a septic system, is there going to be any change to that? He's raising the roof, needs dormers, I assume there's going to be a second floor. TRUSTEE FOSTER: You're not putting a second floor on there, are you? GERALD SCHULTHEIS: Eventually, not right now. TRUSTEE KRUPSKI: Any other comment? Does the board feel it's appropriate to put in drywells? GERALD SCHULTHEIS: When I did an addition in 1987, I put gravel pits in, and the roof area is remaining the same. The gravel pits retain the runoff rather well. TRUSTEE KRUPSKI: Where are they located? GERALD SCHULTHEIS: At the base of each of the down spouts. TRUSTEE KRUPSKI: I see you've got sand there. Satisfied with that Artie, you made the inspection. TRUSTEE FOSTER: Yes, as long as they are working. I didn't look for them, but if they are operating properly, I'm satisfied with it. TRUSTEE KRUPSKI: Do you need a hay bail line there? TRUSTEE FOSTER: It was cosmetic. There's no excavation taking place. You just want to try not to have everything flying into the creek. The bulkhead is right there, you could throw something up, I suppose. TRUSTEE KRUPSKh Wouldn't you suggest a material fence during the construction? A snow fence, or you could buy that plastic fencing to put up around the bulkhead, to keep material from blowing into the creek. GERALD SCHULTHEIS: That's fine. TRUSTEE KRUPSKI: If there's no other comment, I'll make a motion to close the hearing. TRUSTEE FOSTER: Seconded. ALL AYES September 25, 2002 Board of Trustees Public Meeting Minutes TRUSTEE KRUPSKh I'll make a motion to Approve the application with the condition that a material fence be put up along the west, east and north sides. TRUSTEE KRUPSKh Is there a seconded on that? TRUSTEE POLIWODA: I'll seconded. ALL AYES 6. SUSAN BECKER request a Wetland Permit to construct a fixed open walkway dock 4'x6-' with 4' wide access pathway and 4'x9' stairs at the seaward end. The dock will extend into the water approx. 29' from the edge of the marsh with no greater that 6" pilings. Located: 4483 Wells Road, Peconic, NY SCTM#86-1-9.6 JIM FITZGERALD: Jim Fitzgerald. This is another one of those permits that expired due to construction. The project (inaudible) some years ago, and I would like you to approve it again. TRUSTEE KRUPSKI: That's the one we approved 3-22-00. JIM FITZGERALD: Let me show you the one.., do you not have a copy of the DEC stamped one? TRUSTEE KRUPSKI: This shows 80' to the opposite shore line, and it shows 4x something. That's our policy, for obvious navigational reasons, it can't extend more than a third of the boat. JIM FITZGERALD: We have a copy of the (inaudible) TRUSTEE KRUPSKh For whatever reason we approved this - nobody owns the shoreline. This shows 23 ¼' from the top of the bank, and it's 80' across, which is within the boat. JIM FITZGERALD: Is that the one I just gave you? TRUSTEE KRUPSKI: Yes. JIM FITZGERALD: That's the one I'm asking you to approve. TRUSTEE KRUPSKI: How big a boat did you put there? JIM FITZGERALD: One that's not big enough to extend more than a third of the (laughing) It's the law right? TRUSTEE KRUPSKh Is there any other comment? Reference the 1/3 rule in the permit. TRUSTEE POLIWODA: What's the CAC comment? TRUSTEE KRUPSKI: I'm sure the CAC hasn't seen this plan. That's going to be one of the problems. TRUSTEE FOSTER: Is there any other comments on the Becker application? I make a motion to close the hearing. TRUSTEE KING: Second. TRUSTEE FOSTER: All in favor. ALL AYES TRUSTEE FOSTER: I'll make a Motion to Approve the request for Susan Becker for wetland permit construct and fix open walkway dock with a stipulation 10 September 25, 2002 Bom-d of Trustees Public Meeting Minutes that the 1/3 rule apply in reference to the boat and the dock not extending more than 1/3 across the lateral distance of the waterway. All in favor?. ALL AYES. Approved PAUL & CONSTANCE CONNOR request a Wetland Permit to construct new 4'x38' fixed dock, 3'x14' ramp, 6'x20' float, 5'x20' float with 3'x5' ramp (8) eight inch round 12 foot length pilings at minimum 10 feet elevation above MSL of 10 feet to construct a new rear step areas for access from the doors at the rear of the house up to a size of 20'x7'. Located: 830 Deep Hole Drive, Mattituck, NY SCTM#70-12-17 TRUSTEE FOSTER: This hearing has been Tabled. TRUSTEE KING: Seconded TRUSTEE FOSTER: All in favor. ALL AYES Carl Guerale on behalf of MARTIN & DOREEN EVANS requests a Wetland Permit for a staircase, fixed dock, hinged ramp and floating dock. Located: 5050 New Suffolk Avenue, Mattituck, NY SCTM#115-110-003 TRUSTEE KRUPSKh Trying to get the soundings, I don't know, I'm going to ask Ken if anything was going on this afternoon. TRUSTEE POLIWODA: No. I went out there today (inaudible) I contacted the Bay Constable twice, no luck. TRUSTEE KRUPSKh We need to move on this. This is like the third month. TRUSTEE POLIWODA: I was just telling Peggy, that is one creek we have no public access to. There's no way we can get a boat in there. We'd have to launch a boat in New Suffolk. TRUSTEE KRUPSKh There's no way to walk out there? TRUSTEE POLIWODA: No. Once you walk off ten feet, you're in mud, and you can't walk more than fifteen feet without being in the marsh. You need a boat to get where they want to put this dock and float. TRUSTEE KRUPSKI: We have to resolve it one way or another. What's your suggestion for the soundings? TRUSTEE POLIWODA: They submitted plans 1,2,3,4. TRUSTEE KRUPSKh I know. TRUSTEE POLIWODA: I don't see why the Bay Constable can't go out there and verify 1,2,3,4. TRUSTEE FOSTER: Ask the Bay Constable. TRUSTEE KRUPSKI: We have, apparently, they can't. TRUSTEE POLIWODA: I'm going to ask you to go out there with a kayak or something. 11 September 25, 2002 Board of Trustees Public Meeting Minutes TRUSTEE POLIWODA: I tried last week, there was a south wind each afternoon. TRUSTEE KRUPSKh I'll make a motion to table it, with a condition that Trustee Poliwoda measure the soundings. TRUSTEE POLIWODA: Seconded.. ALL AYES Boulevard Planning East on behalf of PAUL NAHAS requests a Wetland Permit to construct approx. 3300 sq. ft. two story singe family residence. Located: Beachwood Lane, Southold, NY SCTM#70-12-17 TRUSTEE KING: Anyone like to comment on this application? ROB WEINER: Rob Weiner for Boulevard Planning East. We are proposing approximately 3300 sq. ft. residence. We are providing a 50' non-disturbance buffer for residents. We are providing a 50' non-disturbance buffer to the wetlands. We meet the 100' septic setback, and we are showing roof drains in the survey. There was a new survey submitted Monday showing the drywells. TRUSTEE KRUPSKI: Artie, do you have that one? TRUSTEE FOSTER: Yes. ROB WEINER: The wetlands are on the property. TRUSTEE KING: Any other comments? TRUSTEE KRUPSKh We require hay bails during construction at the 50' non-disturbance line. ROB WEINER: Okay. TRUSTEE KING: 1'11 make a Motion to close the hearing. TRUSTEE DICKERSON: Second. TRUSTEE KING: I'll make a Motion to Approve the application. TRUSTEE DICKERSON: Seconded. TRUSTEE KING: All in favor. ALL AYES 10.Alpha Consulting on behalf of JON NOWAK request a Wetland Permit beginning at existing concrete wall - install 4'x20' open pile fixed pier - a connected 4'x20' seasonal fixed pier - a 3'x15' hinged ramp and 6'x20' float - structure is seasonal except fixed pier. Located: 565 Bayview Ave. TRUSTEE DICKERSON: Anyone like to comment on the application? JON NOWAK: I'm Jon Nowak. This project was scaled down, as per the Board's request, on inspection. The plan was altered and submitted prior to the hearing to indicate only one fixed section of 30' that's there, and then the pile in for the system. That's the board's requirement and suggestion and approval. TRUSTEE KING: Mr. Nowak has been apprised of the change in the plan, and he was agreeable to it. 12 September 25, 2002 Board of Trustees Public Meeting Minutes TRUSTEE KRUPSKh I got a letter. They were concerned about the size of the project. I explained that it's actually substantially less than what's been applied for. TRUSTEE DICKERSON: I make a motion to close the hearing. TRUSTEE KING: Seconded. ALL AYES TRUSTEE DICKERSON: I'll make a motion to approve the wetland permit as indicated on the new plans that were submitted on September 20, 2002. All in favor? TRUSTEE KING: Seconded. ALL AYES 11. MICHAEL A. CHUISANO as Contract Vendee requests a Wetland Permit to construct a single-family dwelling. Located: 575 Diamond Lane, Peconic, NY SCTM:#68-2-10 PUBLIC MEETING POSTPONED UNTIL NOVEMBER AS PER THE APPLICANT'S REQUEST 12. 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" timber wale 4'x6" timber follower and 2"x12" timber cap. Seawall to be anchored using 1"xl 6" tie rod @6' on center with 10' diameter an 8' timber deadmen. Located: 3820 South Harbor Road, Southold, NY SCTM#86-3-1,2,3.3 & 3.5 TRUSTEE KING: Anyone like to comment? JIM WALKER: I called on the 23rd and notified the Town of these plans, and I was told to bring in 3 copies of the plans tonight. You can look at the plans and the cover letter. There's also photographs in there. Since the original public hearing, which was 2 months ago, we were reviewed by NYS DEC, we were reviewed by the Army Corp. of Engineers, and we devised a plan to meet directly with the builders to address the town concerns. The plans that you have in front of you include revised engineer plans for Steven Voreska. There's soundings by Sea Level Mapping, and there's Inter-Science detail sheets for the bulkhead and the proposed dock. Those plantings show 20' of materials behind the bulkhead, which 1 thought we would provide detail for at the last hearing. I would like to focus on the Trustee's concerns regarding the dock. I was told by Trustee Poliwoda to get in touch with NYS DEC. I did, I spoke to Sherry Iker from NYS DEC Division of environmental permits. What she told me I don't think will surprise you, she said the policy is a required 4' of water for docks. She wants to reaffirm the basic premises of what we had (inaudible) CHARLOTTE CUNNINGHAM: Can you please speak louder and clearer? 13 September 25, 2002 Board of Trustees Public Meeting Minutes JIM WALKER: At the original Trustee inspection, two members of my office and Steve Moss said the engineer would be there along with the Board of Trustees. Ken Poliwoda confirmed that the dock builders recommended this less than 30'. The records that I have from that meeting, the town recommendation for 39' total length. The dock proposed is 45' in total length. The records on the water depth, based on the soundings that we got from Sea Level Mapping, the dock that Ken recommended is in water that's about 2.7' in depth. If you look at the photos, you'll see the boat that's tied up. TRUSTEE POLIWODA: I'm not recommending that. I recommend replacing what you have. JIM WALKER: Last time you told me 30'. TRUSTEE POLIWODA: Right. 1'11 address whatever you want me to address, and we'll take it from there. I don't want to be confrontational. The bottom line is that dock is 16' or 17' into the water, that boat, as you can see in the right hand side of picture of photo 1 is sitting on the bottom. That's against NYS DEC policy. And that's basically what would be allowed if we were given a dock that was 30', and we went to tie the boat up, one side of that boat is still going to sit on that bay bottom at Iow tide. So at Iow tide when that boat sits on the bottom, it kills the clams. That is one of the things the NYS DEC discourages, and I agree with the DEC. I don't believe it's proper to moor a boat on a permanent basis in water that's 2' deep. I don't believe it's proper to allow a boat to sit on bay bottom during most of low tide. In fact, at Iow tide the outer end (inaudible). What we are asking for is approximately 3.4' of water at the outer end of that dock. We show mooring piles, there is a set of 3 mooring piles. There is a stern line, a bow line, and there's a string line. The Board of Trustees wants to work on an agreement. Why don't you work on an agreement, some sort of reasonable layout? The DEC reached a motion, they will have their formal review. That will happen in the next few days. JIM WALKER: I just got all the materials to go back to the state. We will have our formal review relatively soon. I heard the board mention earlier a schedule for the next field inspection. If that's the way you want to do it, I'd be happy to try to meet you out at the site. We'll try to go as close to Iow tide as possible. The channel's mapped, and if you take a look at the soundings, we did a pretty good job. The boat and the dock would stick out a total of 45'. We both think it's a reasonable request. TRUSTEE POLIWODA: We would have to look at this again. JIM WALKER: We're not digging in our heels here. If you want to talk about the layout, and some reasonable form of dock, we have to work with the Board of Trustees in that regard, I'm not married to the precise layout that you see on the map, but I am concerned with the ability of the (inaudible). When you look at that boat, it's sitting on the bottom. TRUSTEE POLIWODA: Our policies don't coordinate with the DEC policies of 4' for the common reason that many of our creeks don't have 4' of water in them. 14 September 25, 2002 Board of Trustees Public Meeting Minutes JIM WALKER: There's plenty of water in this creek. TRUSTEE POLIWODA: In many cases we have to go 200' out to get 4' of water. JIM WALKER: We're 60' out. We're trying to develop something reasonable here in, regarding what's reasonable with the board in terms of the bulkhead, providing (inaudible). TRUSTEE POLIWODA: Anyone else have a comment on this application, any board members? I'll make a motion to table, and re-inspect it on October 9th, TRUSTEE DICKERSON: Seconded.. TRUSTEE POLIWODA: All in favor. ALL AYES 13. Samuels & Steelman Architects on behalf of SAMUEL & PHYLLIS CONSTAN request a Wetland Permit for a non-structural replacement of decking and railings on existing deck and beach stairs - modest addition to existing deck. Located: 6002 Indian Neck Lane, Peconic, NY SCTM#98-05- 17.5 TRUSTEE DICKERSON: Anyone care to speak about this application? TRUSTEE KRUPSKI: You inspected it, what's your comment? TRUSTEE DICKERSON: I have no problem with it. Its' a major construction, CAC approved. I had a concern with it because it was such a major construction, a major bluff area. This addition is to the left of the boathouse, they aren't doing anything with the bulkhead. I'll make a motion to close the hearing. TRUSTEE FOSTER: Seconded.. TRUSTEE DICKERSON: All in favor. ALL AYES. I'll make a Motion to Approve the wetland permit for replacement of decking and railing on existing deck and beach stairs with a modest addition to existing deck. TRUSTEE POLIWODA: Seconded.. TRUSTEE DICKERSON: All in favor. ALL AYES 14. Suffolk Environmental Consulting on behalf of JULIUS BLOCKER request a Wetland Permit to construct a 2,230 sq. ft. +/- "footprint" private single family dwelling an attached 1,340 sq. ft. +/- pomh, 70 linear feet of retaining wall surrounding the sanitary system, pervious driveway public water utilization. Located: 1005 Takaposa Road, Southold, NY SCTM#87-06-12.1 POSTPONED PER AGENT'S REQUEST 15 September 25, 2002 Board of Trustees Public Meeting Minates 15. Suffolk Environmental Consulting on behalf of ROBERT LOBICK request a Wetland Permit to extend an existing wood deck 12'x16' to 12'x22' wide then build a '12'x22' glass and screen sun room on 12'x22' wood deck. Located: 675 Meadow Lane, Mattituck, NY SCTM#115-5-7 TRUSTEE KING: Anyone here like to comment on this application? BRUCE ANDERSON: I'm Bruce Anderson, Suffolk Environmental Consulting, for the applicant, Robert Lobick. I was hired by Mr. Lobick to prepare a plan which should be in your file. I see you haven't been out there to look at it - I didn't get a reaction to it. I can tell you, as a way of background, the house originally built by Bill Moore on 1st Street, in that permit process, apparently prepared by Mr. Moore and his wife, that there should be no restrictions 30' from the marsh. There should be a survey prepared by Don (Velmol)?, showing a wetland line, approved by the DEC. That should be in your file, as well as the wetlands permit itself. TRUSTEE KING: When I went down there 1 saw open water from, in support of the lot, and I saw (inaudible). BRUCE ANDERSON: The remaining wetlands on the southern side yard of the property are all comprised of phragmites with wild grapes and bittersweet. This plan that we prepared features, basically four different types of species extending 30' feet back from the edge of the water is the wetland boundary. We planted ? bush, bush honeysuckle, sweet pepper bush, and mountain laurel. This particular project on blackish pond, makes it's way into the bay. The species we have chosen are species that will work. The last time I was before you on this board, (coughing) for a fellow named Mr. Hedge, and in the plan there were numerous ? bush and other things. I am pleased to report that they all survived as well. You will be getting a report on that. Looking to the north of the property, we tried to match the vegetation that was there, and I believe this is a plan that will work. From what I understand, there is a concern for additional plantings. Before we get into that discussion, I want to know what the concerns are. My hope is to address it, and wrap this thing up tonight. We could, if we plant the grasslebush, we could get it in this weekend. TRUSTEE KRUPSKh When we visited this site, it did bring back some old memories of issuing a permit here many years ago. We looked back at the old file to look at the CR's that have been relative to this piece of property which we've re¥iewed in the office. TRUSTEE KING: Bruce, can we talk to you for a second? BRUCE ANDERSON: Sure. TRUSTEE KING: This was some of our real concerns, right down into the wetlands. BRUCE ANDERSON: This property isn't mine. TRUSTEE KING: Whose is it? 16 September 25, 2002 Board of Trustees Public Meeting Minutes BRUCE ANDERSON: My wife's. It's not joint. It was a lawyer's decision. I 'm confused. When we bought this property, it was all original, wooded. We called the board, asked them to come down. In the spring 2000, we told them what we were going to do. We were going to take down anything dead, and that's what we did. Included in there where those palettes are, there was a boat, styrofoam type boat, There was a hole in it that was pointed out at the time. We've done nothing other than make sure no one would fall in. Those things can be picked up in five minutes. This is the property next door. It's property that we purchased approximately a year after we purchased the house. TRUSTEE KRUPSKh We'll go back to that. This was dated June 5,1987, Declarations of Covenants and Restrictions - 1. The house could be set back to the front property line no more than 25'; 2. There should be no disturbance within 30' of the marsh as shown on the survey, (tape change) It should be thirty feet of non- turf buffer. TRUSTEE KING: No turf in here at all and this would be all plantings. BRUCE ANDERSON: What about the turf?. You want bear earth. TRUSTEE KING: Plants. BRUCE ANDERSON; What kind of plants?. TRUSTEE FOSTER: What about the turf out and let it go back natural. TRUSTEE KRUPSKI: I think the turf should be removed and be planted to whatever recommended. But it should be a thirty foot non turf buffer as original described. Look at the survey, you are not looking at the survey you submitted. Forget the plan. Look at the survey. BRUCE ANDERSON: Between the patio. TRUSTEE KRUPSKI: Look at the fresh water wetland line. On the survey that you submitted. And measure thirty feet off of that. BRUCE ANDERSON: That cuts and crosses the patio with that. TRUSTEE KRUPSKI: Is the patio and deck non-turf?. BRUCE ANDERSON: So I see that does not bother you. TRUSTEE KRUPSKI: Well it all bothers me. But the patio is still non-turf. TRUSTEE POL1WODA: This is not a shock treatment you have been here for many years and now. TRUSTEE KRUPSKI: Measure from the wetland line. It is the one little section of the whole property- You have to do the whole wetland line. BRUCE ANDERSON: So then it goes like that. TRUSTEE KRUPSKI: I think thirty feet. We get drywells and gutters on the house. TRUSTEE FOSTER; What about planting the plants. MR. LOBICK: The trash was there and I did not put it there. TRUSTEE FOSTER: What about the planting the plants in among the turf and just let it go seed. Why take it out and strip it down to earth. Just plant the plants in amongst the existing grass and then leave it alone. TRUSTEE KRUPSKI: That is what we would like to see. Native plantings will survive without fertilizer or without spray. In this shady environmental that exists there under the trees. Without the removal of the turf. BRUCE ANDERSON: Shrubs and trees. 17 September 25, 2002 Board of Trustees Public Meeting Minutes TRUSTEE FOSTER: Whatever you put on the plan. TRUTEE KRUPSKI: When you came up with the plan and we will act on it. This is not the first time. That you applied for a re-vegetation plan. This is not new ground here. BRUCE ANDERSON: Please adjourn and let us think about this. TRUSTEE FOSTER: Table it to next month. Is that what you want to do. TRUSTEE KRUPSKI: I will make a Motion to Table the application. TRUSTEE POLIWODA: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES With the understanding that is what we want a thirty foot planting area. Between the house and the wetland fringe. Suffolk Environmental Consulting on behalf of JOSEPH ZEVITS request a Wetland Permit to construct a 1,600 square foot +/- ("footprint") dwelling, an attached 416 square foot covered porch, and attached square foot deck, pervious driveway and sanitary system- public water is to be utilized. Located: West Lane Private Road (west of Little Peconic Bay Lane) Southold, NY SCTM#88-06-18.4 TRUSTEE KRUPSKI: Is there anyone who would like to speak in favor of the application or against the application? We do have a concern a letter in the file. The property is adjacent to Mr. Zevits's property on the left side. Please not the elevations on the west side of Mr. Zevits's property and the east side of my elevation and the drop off. There a drop off from eleven to seven feet. The high elevation is Mr. Zevits's property the Iow elevation is my property. Which raises the concern with significant damaging run-off of rain-water from Mr. Zevit's property to my Iow lying property. I would like suggest that drywells be installed by Mr. Zevits to prevent this situation from becoming a problem. I have addressed this matter directly to Mr. Zevits. He has assured me that run-off will not be a problem. I want to go on record in the event that Mr. Zevits is wrong about this. BRUCE ANDERSON: We have agreed about installing drywells. Drywells will be fine. TRUSTEE KRUPSKh CAC recommended approval with the condition of a fifteen-foot non-turf buffer. What are you feeling on that? BRUCE ANDERSON: I got it. TRUSTEE KRUPSKh It doesn't say where the buffer should be? TRUSTEE POLIWODA: Wasn't there a twelve-foot buffer in place already when I walked out there. TRUSTEE KRUPSKI: There is an un-maintained section of grass up to the bulkhead here. The application calls for no fill how does the Board feel about the CAC comments. TRUSTEE FOSTER: Which were? 18 September 25, 2002 Board of Trustees Public Meeting Minutes TRUSTEE KRUPSKh They recommend a fifteen-foot non-turf buffer. TRUSTEE FOSTER: At the bulkhead. TRUSTEE KRUPSKh I would assume at the bulkhead. They do not specify. BRUCE ANDERSON: The wetland line is the high water line. TRUSTEE FOSTER; I thought there was a buffer at the bulkhead. TRUSTEE KRUPSKh Normally on undeveloped parcel. We would ask for a fifty-foot non-disturbance buffer. Which would bring it back about 45 feet from the bulkhead. Given the fact that it is lawn area, I tend to agree with the CAC fifteen feet from the bulkhead would be sufficient. Less than a standard fifty foot. TRUSTEE FOSTER: The place next door is all grass. BRUCE ANDERSON: He wants to maintain presently the buffer. TRUSTEE KRUPSKI: There is a buffer of sort. But I would like to formalize that into a buffer that would be a condition on a permit. BRUCE ANDERSON: What about the high water line. TRUSTEE KRUPSKh Then we go back to fifty-foot non-disturbance buffer, which is standard on any application. BRUCE ANDERSON: Excuse me. TRUSTEE KRUPSKh Policy has been a fifty-foot non-disturbance buffer. Because this lot has already been developed. What does that Zone X refer to? BRUCE ANDERSON: Zone X means you are in 500-foot flood zone. TRUSTEE POLIWODA: Five hundred here. BRUCE ANDERSON: line. TRUSTEE KRUPSKh problem. BRUCE ANDERSON: TRUSTEE KRUPSKh If we revise the deck and put it back in the high water He is showing 85 and the Board does not have a You are showing 85 to the bulkhead. He is showing. It is 85 - on the survey I have - It is seventy five to the bulkhead and ten feet to water I think that we should make it specific what kind of a buffer, It obviously is not a non-disturbance buffer. Because the buffer has already been cut. Whether it is gravel, beach grass or rosa rugosa. TRUSTEE FOSTER: Non-turf. BRUCE ANDERSON: Beach grass is okay. But he has turf there. TRUSTEE KRUPSKh But it is not turf grass. I opened this. Is there any other comment? Do I have a Motion to close the hearing. 19 September 25, 2002 Board of Trustees Public Meeting Minutes TRUSTEE FOSTER: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES - I will make a Motion to Approve the application of Joseph Zevits with the stipulation that there be fifty foot non-turf buffer on the landward side of the existing retaining wall. TRUSTEE DICKERSON: Seconded. TRUSTEE KRUPSKh All in favor. ALL AYES TRUSTEE FOSTER: Gutters and drywells? TRUSTEE KRUPSKh Thank you also that the house contains gutters, leaders, and drywells to contain the roof run-off. The plan will have to show that. Line of hay bales is placed during construction at the fifty foot line to prevent material from run-off. BRUCE ANDEERSON: That is fine. TRUSTEEE KRUPSKh Is there a seconded on that Motion. TRUSTEE DICKERSON: Seconded. TRUSTEE KRUPSKh All in favor. ALL AYES 17. En-Consultants, Inc. on behalf of BARBARA & JOSEPH ISABELLA request a Wetland Permit to construct a fixed timber dock, existing bulkhead consisting of 4'x58' fixed catwalk, 3'x16' hinged ramp and 6x20' float secured by (2) 8" diameter pilings construct 3'x8' steps to beach off proposed catwalk. Located: 1855 West View Drive, Mattituck, NY SCTM#107-7-6 RON HERRMANN: I AM Rob Herrmann of En-Consultants on behalf of the applicant Barbara & Joseph Isabella. The application is pretty straightforward. If the Board has any questions or comments I can respond. TRUSTEE DICKERSON: What did CAC recommend? TRUSTEE FOSTER: Approval with a Condition - CAC recommended approval with a condition of the Wetland Permit Application with a condition of a fifteen-foot non-turf buffer- CAC. Any other comments on this application? CAESAR BONUS: I am Caesar Bonus, I am the north neighbor. TRUSTEE FOSTER: Please speak into the microphone so that we can get it on tape. CAESAR BONUS: I am sorry, I am Caesar Bonus I am the neighbor on the north. I have the L shaped dock next to this one. I have no objection to the dock. They are entitled to a dock as well as I am. The only thing that I am worried that it is going to be a little too long and I cannot navigate the boat into the into the present spot of the whole dock. We have a 34' Formula on the outside. But their is no governing of the water. People in the large boats create such large wave set. There are two boats there. I have submitted the pictures to Charlotte. One of them is my son-in-law and my friends. They live with us. We do have the facility for two boats and it is going to be useless having that dock that long. I£they can shorten maybe by twenty feet. I 20 September 25, 2002 Board of Trustees Public Meeting Minutes do not want to have trouble with my neighbors having to try to maneuver the boat in and out with the wind. TRUSTEE FOSTER: What kind of water depth do you have there? If they make it twenty feet shorter are they going to have a problem? CAESAR BONUS: They are supposable putting kayaks in there. So they do not need the depth. I offered space at my dock. But they insisted they want their dock. TRUSTEE FOSTER: It is pretty shallow when the tides are out. TRUSTEE KRUPSKI: Let us take any other comments. CAESAR BONUS There is a stake right now with a flag on it. It looks like it is in further than the ninety feet. That they are proposing. TRUSTEE DICKERSON: It was staked. TRUSTEE KKRUPSKI: It was staked when we were there last time. ROB HERRMANN: In response to the comment. The surveyor actually staked and it is based on his plan. So I am confident that the location stake is correct. Mr. Bonus submitted a similar letter to the Army Corp. of Engineer's. I do not want to spend too much time on this. I spoke to the Isabella's and essentially the plan speaks for itself. The Isabella's are proposing a dock that conforms to the Board's policy a 6x20 float. You typically require a minimum often feet for any wharfing out to a property line. Mr. Bonus's floating section is about 370 percent larger than the Board would allow. His nearest pilings are only three feet from the property line. Essentially Mr. Bonus's problem is that he currently uses the Isabella's area to access his own dock. But the Isabella's are not going to comprise their rights to wharf out in order to continue to provide Mr. Bonus with that luxury. So given the size and scope the dock and the configuration of that dock. I am quite confident that ifI came into this Board today and proposed this dock. First of all I know it would not be approved. With this kind of scope. Secondly, if you were going to propose an L dock. You would require it be shifted to the opposite side of the property. Just like Mr. Gable's dock is to the south. If you are going to use the south side of an L shaped dock. That essential consists of six foot by eighty-foot float. It would be logical to keep that dock on the north side of yom' property. So that you can use your own property area for apparent access to access the dock. It is preposterous for the Isabella's that they would shorten their own dock. To serve Mr. Bonus's convenience. If he thinks it is going to be a problem then perhaps he can relocate or reconfigure his own dock. To correct the situation. That dock is three feet from the property line and if we propose that to this Board. There is no way the Board would ever approve that. TAPE CHANGE CAESAR BONUS: It's impossible to properly to do that because the dock is on the north about 30' from my dock, so it would be impossible to do that. ROB HERMANN: It sounds like the docks down there don't really conform with this board's policies, and the dock that we are proposing for the Isabella's does. I think you'll be comfortable with the proposal. TRUSTEE KRUPSKI: Let's take any other comments, if there are any. CASAR BONUS: I didn't want it to be as long as it was. 21 September 25, 2002 Board of Trustees Public Meeting Minutes TRUSTEE KRUPSKh These are exceedingly long docks, and under today's current standards, they wouldn't be allowed. We try to minimize any structure as much as possible, on any dock, no matter what. If it's a 12' dock, we usually ask for 10', and you can ask some of the people who come in here every month if that's true. CASEAR BONUS; I bought this house three years ago, and the dock was there. TRUSTEE KRUPSKh That's how they were built in the old days. Ken, what's your feeling on it? TRUSTEE POLIWODA: As I said on field inspections, I recommend a float around. CAESAR BONUS: It would be impossible to use it. TRUSTEE POLIWODA: You could fit two boats, one on each side. Or double up and have them steer around- CAESAR BONUS: I have the pulley's, and everything is in there, right now. You don't mean to bring that other float out there do you? Because it would be impossible, you'd have to re-configure. It'd be out in the other channel. TRUSTEE POLIWODA: No, you'd have to cut back on your catwalk. TRUSTEE KRUPSKI: Artie, what's your opinion? TRUSTEE KING: What if the dock were moved to the south a little bit?. ROB HERRMANN;: The dock is positioned in the central portion of the property to maximize the space between each property line with some slight consideration given to Mr. Bonus's property. It's about 32' from Mr. Gable's property, about 37' from Mr. Bonus's property. TRUTEE KING: I'm not trying to put the burden on Mr. Gable, but I think he uses the south side of his dock also. ROB HERRMANN: Yes, he does. I don't want to ruin- TRUSTEE KING: That's the reason I brought it up. CAESAR BONUS: That's why I suggested if only it could be a little shorter, and then I'd be able to maneuver in the wind. TRUSTEE KRUPSKh I don't know if that's possible, given the water depth. ROB HERRMANN: We couldn't shorten the dock, and as I said, Mr. Bonus, may be in an unfortunate situation in that he bought the house, and the dock is configured as it is, and he's enjoyed the luxury of using Isabella's area by an access for his own boat dockage, but that should preclude the Isabella's from exercising their own rights. If you look at the dock that's being proposed, compared to the two docks around them, we're trying to conform. I've explained to the Isabella's what this board would approve, they obviously wanted something bigger to start, but they are willing to go with a code conforming dock. There is still approximately 40' between Mr. Bonus's dock and Mr. Isabella's dock. Normally this board requires 10' from either side, and that's only 20'. It's only the separation, that's going to exist is still a lot more than the board normally 22 September 25, 2002 Board of Trustees Public Meeting Minutes requires to be set up. Even as it is, unless the boat is enormous, I don't see how this could be a navigational problem. CAESAR BONUS: The boat is 34' Formula, and when the winds blow, it's very difficult to maneuver. If they put a bigger boat there, it's not only going to be 6', you're going to have to figure the beam of the boat that they are going to put. I was told they were just going to be used for kayaks. ROB HERMANN: The dock is positioned, as I said, to maximize the space. really don't know what else I can- TRUSTEE FOSTER: Is this dock proposed to be an "L" also? ROB HERMANN: No. It's a straight shot. They are basically proposing to g~ve everybody else as much room as they can to both sides. I don't know if Mr. Gable ever docked the boat on the north side of his float, but certainly we wouldn't want to push the dock all the way next to him, because that might cause a problem with him. ROB HERMANN: The only thing I propose is we could be a little shorter, that was all. TRUSTEE FOSTER: I don't think the water depth will allow that, based on what's here, but it certainly isn't, it's well within the boundaries of your "L", according to this survey. As a matter of fact, it's just about as far out as a neighbor to the south. ROB HERMANN: We looked this evening at the plan that was posted in there, and it seemed like it was down toward the middle of the float, if that was going to be the end of it, are they going to conform to that end, I think I can maneuver the boat in there, we think it's going to be longer, according to this print. We specifically asked the surveyors to stick this out, so there would be no questions as far as the accuracy of the statement. TRUSTEE FOSTER: Any other comments? Any board comments? Can I get a motion to close the hearing? TRUSTEE DICKERSON: So moved. TRUSTEE KING: Second. ALL AYES TRUSTEE FOSTER: I'll make a motion to approve the application of Barbara & Joseph Isabella, with a stipulation that that pipe that comes through the bulkhead be removed. I think it's draining the driveway. There's a drainpipe coming through the bulkhead. ROBERT HERMAN: I didn't see it, but I can- TRUSTEE FOSTER: 4" PVC pipe, and there is a drain in the driveway with a pipe going out to the side. You need to do away with that. TRUSTEE KING: Can I make a recommendation? TRUSTEE FOSTER: Yes sir. TRUSTEE KING: I would recommend that ramp be 20' long, rather than 16' because of the rise and fall. I've got 20' ramps going down to my float, at Iow tide there's 6' there. ROBERT HERMAN: 6' there? Okay. TRUSTEE KING: It's not going to make it very long, but- ROBERT HERMAN: The same extension, but a longer ramp over the top. TRUSTEE KING: A slighter angle over the tide. 23 September 25, 2002 Board of Trustees Public Meeting Minutes TRUSTEE FOSTER: Any other comments? Can I get a second on that motion? TRUSTEE DICKERSON: Seconded. TRUSTEE FOSTER: All in favor?. ALL AYES 18. En-Consultants, Inc. on behalf of DEBRA COADY request a Wetland Permit to remove existing "seasonal" dock & construct in same locate "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 continue to be removed seasonally. Located: 2625 Oak Avenue, Southold, NY SCTM#77-1-1 TRUSTEE FOSTER: On behalf of the applicant- ROB HERMANN: I'm Rob Hermann of Eh-Consultants. We were before the board on this project two months ago, and the board had several recommendations for conditions, and I had indicated I would go back to the Coady's, describe those recommendations, and come back to the board with answers. Specifically, the board had wanted 2 piles rather than 4 together the float, 2 single file pilings rather than the 2 pile dolphins, and 6" piles for the catwalk, rather than 8" pilings and the Coady's were accepting all of those conditions. The thing they had a problem with was, the board may recall it recommended for that road area, there was your position that the dock did not extend back to the bulkhead. Somebody who was here made a comment about putting access there. The board said, I think we'd rather see the dock just not go back to the retaining wall, but the Coady's said, well I'm quite sure they just approved the dock 2 properties away that allowed the extension back through the retaining wall with the condition that access stairs be put in. Permit #5231 was issued to Timothy and Nancy Kilz in October 2000. The Coady's would like the board to approve the same layout. For the board's reference, submit a copy of the permit, the plan, and the tax map showing the 2 parcels. The Coady's are, essentially, asking for the same approval that you issued for the Kilz for the dock that continued back to retaining walls, and to maintain pedestrian access along the beach to put steps down each side of the catwalk, same position next door. At the hearing, you said you wanted to see single poles as tie out pilings rather than 2 pile dolphins. That's what you indicated at the time. You wanted 2 rather than 4. I said to you, what if the tie-up poles were removed seasonally, and you said, then that would be okay. That's what I have in my notes. I remember, specifically, saying 2 poles, instead of 4. And then on the tie-up poles you said you wanted to see single rather than 2 pile dolphins, and if they were going to be placed in, you wanted them removed seasonally. TRUSTEE POLIWODA: I can't think of anyone who has 2 pile dolphins in that creek. So, I don't know why I'd recommend any type of pile dolphins. ROB HERMANN: I don't think you were recommending them, I think you were conceding to them if they were going to be removed seasonally. TRUSTEE KRUPSKh I agree with Ken, I don't remember that. But wasn't there a question on the length of it? There's a permit issued. 24 September 25, 2002 Board of Trustees Public Meeting Minutes ROB HERMANN: Yes, but only on the landward side. In other words, you had no problem with this going out to the same seaward extent as what's proposed, but what you discussed as far as the length, was you wanted the dock to stop in it's landward direction, the same place it stops now in order to provide access. That was what we discussed with the Coady's. For their convenience and use, wanted to extend it out. It's not going over any wetlands, so the only real consideration as far as the dock extending back to the stairs was maintaining access, and the board had said 2 months ago - the access stairs is not sufficient, we wouldn't approve that. When I discussed that with Mrs. Coady she said no, that can't be true because somebody 2 properties away just built a dock within the last year or so where they had to put access stairs where the dock went back to the wall. I checked with the Trustee's Office, and went through the filing of the freedom of information request, and got the permit for the Kilz, which was issued to Susan Long. Essentially, we are asking for the same resolution on this lot. It's essentially the same conditions; it's the same "un-named" street. TRUSTEE KRUPSKI: I had a question with the length. For some reason, I remember going out there and measuring it. I don't remember it being in July, but apparently it was. ROB HERMANN: You had asked me, remember I came up to you, and I showed an area on the plan of where the existing dock is, and it's basically like a foot longer than what's there, which was just to get to the DEC's magic number, and you said basically, I'm not going to quibble over a foot or two, but what was concerning you was the land extension. TRUSTEE KRUPSKh I think you're right. If that's the case, I don't have a problem with an extra foot. Our concern was the length of the dock overall. It was the extension of the dock seaward that was our first concern. The second concern was that un-named street business with the extension of the dock landward. ROB HERMANN: If you compare the plan, the Hill's dock extends out 57' from Iow water, and the Coady's would extend out 54'. It's almost the identical structure. And actually, on the Kick permit, there were 2 pile dolphins to secure the float. Maybe keep them as a boat profile. TRUSTEE POLIWODA: There's no vegetative wetland at that spot. Let me just scale it off. It should be - I don't know why I don't' have that lowered because it looks lower than 3 ½ because there's no wetlands. The DEC came back to us, and they're only comment was that they wanted 6" piles also on the catwalk also instead of 8, so they must not have objected. They may put in a condition with their permit that 3 ½ feet between high and Iow water. I can't remember off the top of my head if I specifically showed it to be lower than is normally required, when it's going over vegetated marsh. TRUSTEE KRUPSKh From what you show here, it looks like it's scaled down towards the water. 25 September 25, 2002 Board of Trustees Public Meeting Minutes TRUSTEE POLIWODA: showed the maximum of a foot higher than high tide, above high tide. ROB HERMANN: its maxtmum height above grade is 3 ½' which occurs right above water. 2-3 ½' maximum at that point, then it tapers down since there's only a foot over high water once it gets out beyond Iow tide. I can show those numbers on here it you want - I don't know why they didn't. TRUSTEE KRUPSKh Is there any other comment? ROB HERMANN: Changes would be basically as proposed except we would have to add access stairs to either side of the dock above high water - between the bulkhead and high water. TRUSTEE KRUPSKh Can we put them below that wire fence? ROB HERMANN; We have to know. TRUSTEE KRUPSKh I just want to make sure. ROB HERMANN: I'll give you plans. TRUSTEE KRUPSKh I'd rather have it below the wire fence, than have it sticking out. ROB HERMANN: I would show it between the high water and this area. TRUSTEE KRUPSKh Thank you, yes. Otherwise, it wouldn't serve the problem. ROB HERMANN: Someone could walk into a fence, and there would be 2 pilings to tether the float instead of 4, 6" rather than 8" posts to support the catwalk with the 8" pilings for the float. There's also the question of tie-up poles. It sounds like you don't want tie-up poles or - TRUSTEE FOSTER: Any other comments? I will make a Motion to Close the hearing. TRUSTEE DICKERSON: Seconded. ALL AYES TRUSTEE FOSTER: I'll make a motion to approve the application of Debra Coady based on the submission of the new plan, showing 6" pilings, 2 pilings for the float, access stairs between the wire fence area and knee-high water. TRUSTEE DICKERSON: Seconded. TRUSTEE FOSTER: All in favor? ALL AYES 19. En-Consultants, Inc. on behalf of KURT FREUDENBERG & JANET LATHAM request a Wetland Permit to construct a fixed timber dock, consisting of an inclined ramp 4'x61' fixed catwalk elevated a minimum of 4' above grade of marsh 3'x14' timber ramp and 6'x20' float secured by (2) 8" diameter pilings. Clear and maintain a 4' wide path to access dock. Located: 165 Lesters Road, Mattituck, NY SCTM#123-7-13.1 TRUSTEE KRUPSKh Anyone like to speak in favor of the applicant? ROB HERMANN: Eh-Consultants on behalf of the applicants Janet Latham & Kurt Freudenberg. We're putting forth an application also for a dock. We went th out and measured on June 19 soundings and water depth at lowtide. I also measured the width of the creek. I had fun swimming across the creek with a 26 September 25, 2002 Board o£Trustees Public Meeting Minutes measuring tape from Iow water to low water. It's about 167'. Based on both the water depths and the width of the creek that is why we designed the dock such that it would meet the policies typically set forth by both this board and the DEC. Specifically, the dock is generally in line with the adjacent lot to the northeast that probably doesn't extend to the creek as far as the dock across the creek. The float would sit in 2 ½' of water, and with an extension 40' from the water, the dock would actually protrude over surface waters 15' less than 1/3 the width of the surface waters at Iow tide. Even if Mr. Freudenberg doesn't have a 15' beam on his boat, but assuming he has a 7 or 8' beam, he'd still be about 7 or 8' shy of 1/3 the width of the canal, which the board typically allows. Catwalk would extend up above the wetlands boundary, which apparently was marked by the Board of Trustees when they reviewed the application for the dwelling that was approved under the prior permit No. 5407. We were showing a 4' wide cleared path through the buffer that was established on the property as far as the prior permit which would lead to any ramp that would get a 4' elevation above the vegetated marsh, which is now, I know this sort of conflicts 6" more with this board's usual request, but the fishery service now through the core of engineers, they have established a ratio of 1' in height for every 1' in width. TRUSTEE KRUPSKI: What does that mean? Is that going to be consistent with the DEC? I'm sorry, is the DEC going to be consistent with that? ROB HERMANN: No because TRUSTEE POLIWODA: What are you talking about? ROB HERMANN: If you had a 3 ½ wide catwalk, you could elevate it 3 ½ above grade. If you have a 4' catwalk, it's got to be TRUSTEE KRUPSKh If you've got a 3' catwalk, it's got to be 3'. That's what we would like. We think elevation has gotten out of hand. ROB HERMANN: The elevations are excessive. The problem is it's difficult, I mean this board walks around, looks at all these projects, and when you see very, very healthy marshes growing under catwalks that are 2 ½ -3' above grade, convincing the federal agencies of that is a little bit different. Usually I can get the core to issue a permit less that 4' in elevation using the exact argument that this board uses. I don't think they can get the 3 ½' catwalk I do not think that is a big deal. But any way that is the next things coming. It has been around. But the Core is starting to get a little more sequence. As far as their view of these applications. In relative to what? TRUSTEE POLIWODA: Down at the Point. There is somebody staked down the house in the marsh. ROB HERRMANN: But the idea is that they want less fragmentation of the marsh and they feel to get the elevation up. But then your view is a sort of fragmentation. Where the dock is higher in the air. It would be nice if each agency could coordinate and come to some consistent policies. Which is why half my client's wonder how I cannot be in the loony bin by doing this. But that is what it is. We can essential show the four feet to the pacify the Core. But if the 2? September 25, 2002 Board of Trustees Public Meeting Minutes Board wants to reduce it down to 3-1/2. You can stipulate it in the Permit and I do not think that Mr. Freudenberg really wants his dock that high in the air any way. TRUSTEE KRUPSKh We discussed this with Ray Corwin and we have to move on it. Board has any comments? Any other comment? Do I have a Motion to close the Hearing? TRUSTEE KING: So moved on the one drawing of the dock- Rob. You only show three feet between high and Iow water TRUSTEE KRUPSKh The cross section. ROB HERMANN: I was going to call you about this Jim. TRUSTEE KING: The average rise and fall in Mattituck Creek takes 5-1/2 feet. On the average. ROB HERRMANN: Basically I plotted this out on Auto Cat based on the survey. This was Young & Young that were done before. Basically just went by the location of high water. The location of Iow and actually plotting out the elevations of the map. Basically ended up based on the survey with approximate three-foot rise between high and Iow. Which did not seem right. TRUSTEE KING: It is not it has just a 5-1/2 average rise and fall. That is why on the last applicant make that ramp twenty feet. Because this is even worse than fourteen feet. You are going to be like this. ROB HERRMANN: I am glad you brought it up. Because I was going to call you about it. I figured I would talk to you tonight. I forgot about it and we started to talk about the elevation. But I think I show five foot seven inches or something like that on the other application on the Creek. But the contours and location of. high and Iow water in this section do not play out. Does it change - it should not. TRUSTEE KING: I do not see how we can have six foot. ROB HERRMANN: I was stuck between going with the survey and going with reality. TRUSTEE KING: You would not want to stand there in that three feet and try to breathe. I can tell you that right now. ROB HERRMANN: Well, what I could do is if we shorten the catwalk the length and ramp because with the T float we cannot really address the ramp across it. Let me see what DEC comes back and see if they're something else that they would cause me to come back. But other wise I would give a new plan that would show ramp in favor of catwalk. I guess it would - would suggest twenty here also. Is that going to be heavy for a T floating though? TRUSTEE POLIWODA: Aluminum? ROB HERRMANN: They could do that. If there is a problem with the dock builder- we can always revise. TRUSTEE KRUPSKI: They always notify us if there is a change. TRUSTEE KING: We also did ones that had a little two foot U shape where the ramp set on. Giving a little more support. TRUSTEE KRUPSKh Well, see what works. TRUSTEE KING: You have about maybe an eighteen-inch movement on the float at the end of the ramp. TRUSTEE KRUPSKh Right now do I have a Motion to close the hearing? 28 September 25, 2002 Board of Trustees Public Meeting Minutes TRUSTEE KING: Seconded. TRUSTEE KRUPSKh All in favor. ALL AYES. I will make a Motion to Approve the application based on the submission of a new drawing. TRUSTEE POLIWODA: Seconded. TRUSTEE KRUPSKh All in favor. ALL AYES TRUSTEE KRUPSKh I want to call for a brief recess. 20. En-Consultants, Inc. on behalf of ADRIAN & DANA COURTENAY request a Wetland Permit to resheath seaward face of approximately 259 Linear feet of existing timber bulkhead and +/- 33' return with vinyl sheathing, backfill scour holes landward of bulkhead with approximately 20 cubic yards of clean sand fill to be trucked in from an upland source. Located: 950 Park Avenue, Mattituck, NY SCTM#123-7-13.1 ROB HERRMANN: Basically there is a non-turf buffer existing up to the top of embankment any way. You can stipulate that in but it would remain the same as what it is now. TRUSTEE KRUPSKh Any other comment? Board comment? TRUSTEE KING: I looked at it. Basically I agree with Rob. One question? What about the remains of these old groins can we get them removed? It is absolutely junk. ROB HERRMAN: I will mention it to Mr. Courtenay I do not know. He has been pressing pretty hard to get these permits to get these as quickly as possible. We actually got the DEC Permit in this in two weeks. We have the Core. permit. This is the last permit. So he wants to rush out and get to this. But what I will do or even better. If you could give us a letter with the permit that would ask for it. I could pass it on. I am not sure really whether. I think Steve Pollack is doing the job. He might be able to do like a contractor's walk in amendment or something with the State. To remove the remains of some of these things as part of the job. It just did not come up. It has been rush rush because those holes are getting wider. I could not comment to you right now because it is obviously it is an expense. He would have to go through his contractor. So I cannot. TRUSTEE KRUPSKh All of them? TRUSTEE KING: There are about five that were groins at one time. There are two or three sticks sticking up in the air. It would be nothing to pick them up and get them out. ROB HERRMANN: I would not be surprised if he was not planning on doing that. TRUSTEE KRUPSKI: We have the pictures. TRUSTEE KING: I thought that when they were their doing the work. They can clean the area up a little. 29 September 25, 2002 Board of Trustees Public Meeting Minutes ROB HERRMANN: Just put it into the Permit or send a letter or something. TRUSTEE KRUPSKI: Put it into the Permit to remove the non-functional groins. It has to be dangerous. TAPE CHANGE TRUSTEE KING: Condition it with that the non-functionally groins be removed, TRUSTEE FOSTER: Seconded. TRUSTEE KING: All in favor. ALL AYES. 21. En-Consultants, Inc. on behalf of DONALD VAZQUEZ request a Wetland Permit to construct on a piling foundation a two story, one family dwelling with attached garage, porch, and deck clear an area up to 50' from the freshwater wetland boundary; and establish a 50' wide non-disturbance/non-fertilization buffer to remain natural and undisturbed adjacent to the wetland boundary, erect a shed connect to public water service, placement of 100 cubic yards of fill, installation of a septic system pervious driveway and drywells. Located: 2360 North Sea Drive, Southold, NY SCTM#54-5-1 TRUSTEE DICKERSON: Is there anyone who would like to speak? ROB HERRMANN: Rob Herrmann on behalf of the applicant DONALD VAZQUEZ essentially the improvement of a vacant lot with a dwelling that will be on pilings. The site plan has been designed in accordance with the Board's policy. There are set backs. There is New York State DEC fresh water is wetland boundary which was delaminated on the parcel which basically the edge of the phragmites. There is a fifty foot non-disturbance buffer that is to remain natural and undisturbed adjacent to the wetland boundary. There is a minimum set back of seventy-five feet for the deck attached to the house. Actually the installation of the sanitary system would be out of the Board's jurisdiction. As it is set back more than one hundred feet from the nearest point of the wetland boundary. There is a system of drywells proposed for drainage. We have followed the normal stipulation of a stake hay bales and project limiting fence along areas to remain natural and undisturbed. Driveway would be constructed of pervious material. Also construction of a shed that would also be out of the Board's jurisdiction. As it is more than one hundred feet from the wetlands. TRUSTEE DICKERSON: Anyone else like to speak? Any Board members? TRUSTEE KRUPSKh Just a question. The use of the fill is that for the septic system? ROB HERRMANN: Correct - the house will be constructed on pilings to eliminate the need for fill for the house. There is just no way we would use a foundation on fill. So the fill is just used for the sanitary system just to maintain the two foot vertical separation from ground water to the bottom the pool. 3O September 25, 2002 Board of Trustees Public Meeting Minutes TRUSTEE KRUPSKI: The CAC recommends disapproVal. Because the area is a valuable wetland resource. ROB HERRMANN: The project is basically consistent. The proposal is consistent with what this Board routinely approves. With the New York State DEC approves. We are maintaining a fifty foot buffer. The CAC recommendation is really not. Essentially their recommendation is condemn the lot. TRUSTEE KRUPSKh That is their recommendation. I think it has everything that we would have asked for. TRUSTEE FOSTER: You are going to wind up setting these litching pools right on the existing grade. TRUSTEE KRUPSKh About three half foot to water?. ROB HERRMANN: It is only a one-foot rise. The Health Department will allow just a wood retaining wall. It is the idea for the fill. You have to have enough fill to raise the system above ground water and also to have the covers. Which you cannot do that without five percent slope to the property line. You are only missing that by twelve inches. Twelve inches or less. The Health Department approves. TRUSTEE FOSTER: You have to go out twenty feet lateral then you can go with five percent. You are also going to need that over septic tank. ROB HERRMANN: If you look Artie, if you are looking at the survey to the angle left corner of the septic is a finished grade. A proposal of 7.4 so that is essentially the proposed fill. It is right at that point. The proposed elevation is shown at the box around it. TRUSTEE FOSTER: You better put another one hundred yards in there. You are not going to do it with one hundred yards of fill. ROB HERRMANN: That is a surveyor calculation based on. TRUSTEE FOSTER: Trust me I have done this for thirty years. You are not going to do it with one hundred yards. ROB HERRMANN: I am not questioning. I think what the surveyor has done. The matter of cure that is coming out of excavation needs a one hundred yards additional for that to accomplish it. TRUSTEE FOSTER: You are not going to get anything out of the excavation. Basically you have to maintain three feet above ground water. You are only 3.7 at the existent grade. ROB HERRMANN: Make an allowance for two hundred yards. TRUSTEE KRUPSKh Because then you are going to get calls. We just had a situation identical to this. Enough fill was not on. We assumed it was going to be enough. By the job description but not enough was put on the application. When the trucks started rolling in everyone called and they got two violations, TRUSTEE FOSTER: The only way you would not. If you are going to put up a big retaining wall around the entire system. Such as other applications. But where you have only got that one wall. Which one foot probably is not going to do it. You have to dissipate that grade out. You will use it. 31 September 25, 2002 Board of Trustees Public Meeting Minutes TRUSTEE KING: On the pervious driveway? We are seeing so many problems with run-off. They start off with the gravel driveway. Which we approve. A couple of years down the road. They black top everything now it is all going out into the street. It becomes a Town problem. I would like to start conditioning these. In the event that the driveway is black topped or made into a non pervious surface. That you are required to maintain this run- off on your property. ROB HERRMANN: I didn't see a problem with that. It can be an issue of enforcement because it is just not this Board. But the DEC. when the DEC issues these permits. Where it is title or in this case fresh water. The fresh water us actually get more stringent now than the title because they are requiring these very long extensive covenants. For all of these permits. Where people have actually and Vasquez is going to have to do the same thing. It is stipUlating into your deed. All the conditions of this service and one of the special conditions of the DEC permit will be that the driveway is pervious not just for the first year of construction. But in permanent on the property. Because you get into issues of coverage and everything else. If you are in title wetlands permit you are allowed twenty percent coverage. If you have eighteen percent proposed for the gravel driveway. If you were to pave it. You would be in violation of one of the regulation of Title Wetland Code. So it is the same thing. It should not happen. My only reservation with what you are saying is that you are almost implicitly saying that well in the case you do violate the permit maintain the problem yourself. I would rather you put.into the permit that this is a special condition and if you pave it. Enforcement will come out and you are going to unpave it. I see it in Southampton all the time. People have to actually dig up the concrete or asphalt driveway and replace it with what was suppose to be there in the first place. To protect yourselves. I would rather you stipulate it that way. TRUSTEE FOSTER: It should be part of the terms of the permit.- Condition of permit. This particular application is quite a bit lower than the road. If you remember we had to walk down off the road quite a bit. They are not reference raising anything up. Other than fill for the septic system the driveway in this case will not be pitching out to the road. But ninety percent of them that we look at. It is the other way around. TRUSTEE KRUPSKI: It shows it on the plan that we can stamp. TRUSTEE DICKERSON: 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 application request for VASQUZ Wetland Permit to construct on a piling foundation a two story, one family dwelling with attached garage, porch, and deck with drywells and gutters - clear an area up to fifty feet from the freshwater wetland boundary, and establish a fifth foot wide non-disturbance/non-fertilization buffer to remain natural and undisturbed adjacent to the wetland boundary. Change the one hundred cubic yards of fill to two hundred cubic yards of fill. Installation of a septic system pervious driveway and drywells. 32 September 25, 2002 Board of Trustees Public Meeting Minutes TRUSTEE KING: Seconded. TRUSTEE DICKERSON: All in favor. ALL AYES. ROB HERRMANN: Thank you. 22. En-Consultants, Inc. on behalf of FRANK & LOUISE MARCIGLIANO, As Contract Vendees request a Wetland Permit to construct a two story, one- family dwelling on pilings; install a sanitary system, pervious driveway, drywell drainage system, and public water service, establish a 50' wide non- disturbance/non-fertilization buffer adjacent to the tidal wetland boundary, remove existing driveway and replant with native vegetation the approx. 1,150 sq. ft. portion of existing driveway located within the proposed buffer area. Located: 1800 Cedar Beach Road, Southold, NY SCTM#89-2-3 POSTPONED PER AGENT'S REQUEST 23. 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 SCT22-9-3&5.2 POSTPONED PER AGENT'S REQUEST 24. Costello Marine Contracting Corp. on behalf of JAMES MILLER request a Wetland Permit to construct a 6'x40' ramp, continuing with a level 6'xl 10' 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 TRUSTEE POLIWODA: Are there any comments? TRUSTEE KRUPSKh If there is no comment we can close the hearing. I think that we are still collecting information on the different aspects. With respect to this kind of structure on the bay. We are going to Table the application, TRUSTEE POLIWODA: I will make a Motion to Table the application. All in favor ALL AYES 25. 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 TRUSTEE POLIWODA: Any one would like to comment on this application? JIM FITZGERALD: Jim Fitzgerald for Mr. Mazzanobile. When we last met. There was a concern about the Cranberry Bog. We arranged to have the Cranberry Bog staked and included on the survey along with the required fifty 33 September 25, 2002 Board of Trustees Public Meeting Minutes foot buffer. In an addition to the Wetlands as previously shown on the survey. We put the house in a new location. Associated structures and you have that map before you. It was staked before you inspected it. That is all that is new. We have Ms Bacarella the architect here and I would appreciate if she would describe to you what we have in mind as far as the house and the site work is concerned. MS. BACARELLA: The house is a shingle style house made of cedar shingle. It would have basically cedar deck and the driveway will be pea gravel driveway it would be pervious.. There would be a retaining walls along the driveway. I also have renderings if you would like to see what the house would look like. I think you would like to see what the retaining wall looks like and the garage. TRUSTEE KRUPSKI: This is just a suggestion. Upon the review of the plan which we feel is the appropriate buffer between the house and the wetlands. We were wondering if it would be better to trade off the wetland buffer on one side of the house and put the pool closer to the house and then cut off what sticks out. The pool sticks out like a sore thumb. Make that area of buffer the pool. Compromise the buffer in another area. In order to make it a more compact package. It would be more convenient for the applicant. It seems to make sense. In this case. Instead of being totally constrained by the fifty foot buffer. You can bring it back a little. TRUSTEE FOSTER: Come up here and I will show you what I am talking about. TRUSTEE KRUPSKh I will take any comments? GEORGE BAMBRICK: George Bambrick, I am the neighbor. I would like to review what has transpired during this application process. First of all I would ask the Board to take out the pictures. Myself submitted that. In excess of thirteen pictures. I would like that distributed among the Board and these pictures show the entire area. Is basically underwater in various times of years. Especially after heavy rains. The bog is underwater. The depressed area west of the proposed dwelling is frequently under water. If you lay the pictures out in a pattern. From Great Pond which is a class one wetland you will see that during rain conditions. Water flows from Great Pond through the wetlands along Lake Court. Across Lake Drive into the wetland between Lake Drive and the Sound. Moves in a easterly flow. Through this lot. The pictures show some significant amount of water in the cranberry bog.. Aisc the depresses area just west of the property. The original application conveniently did not depict this bog. I remember at the first hearing. There were two gentlemen sitting at the end of the table. I do not know their names and I do not their relationship to the Board was? Their comments on the original inspection was. They had recommended seventy five foot buffer from the wetlands. Now that we have identified the bog is a wetland. If we go seventy five feet from the bog. We cannot build. I think that we should treat this application. As a new application. From the stand point as the bog being a wetland. I have a question on the cesspool. Who was in contact with the Health Department and they indicate that in some cases. In severe wetland 34 September 25, 2002 Board of Trustees Public Meeting Minutes areas they are require one hundred fifty feet from the nearest well. The third dwelling from the west uses a private well. I do not know where the well is located. I do not know whether it is one hundred feet or one hundred fifty feet from the proposed cesspool. I do not have a ruler with me. I was wondering what the distance is here from this flag to the cesspools. They show this one here at one hundred fifty feet and they show this one hundred feet. TRUSTEE KRUPSKI: I get ninety feet. GEORGE BAMBRICK: It would be less than one hundred feet from the cesspool. We do not know what is the relation of the cesspool on the third dwelling. Maybe the Town would want to Table further review of this application. Until they get a reading from the Health Department. We also want to remind the Board. That we have a petition of fifty five neighbor's. These are people in the Town of Southold. These are adjacent neighbors. In the immediate neighborhood. Opposing this application. The applicant shows retaining walls on the east side of the proposed dwelling. What effect is this going to have to the Cranberry Bog. We are talking about an area completely scooped out. If that is non-disturbed that is a nature swimming pool. Where is this 560 cubic yards fill going to be placed in this area. What is this going to do to this area? What is that going to do all that water? Assuming that you grant the application. How is the applicant going to get that building sites? The only nature tree in the area of the house. Which is on Lake Drive. Those trees are sixty, seventy one hundred years old. So they are removed. You probably are going to make them put hay bales up on either side. How do you get to the back of the houSe? Bring the materials in with a helicopter? The proposed car pUll up area. You can check with Wheelers Garage. He must have pulled out_ 1 have been there for thirty years - he must have pulled out thirty cars out of there. It is quick sand. What kind of driveway is going to put in there? You have a letter from the Kenney's Beach Civic Association, very concerned about this application. This is an association that represents homeowners from Goldsmith's Inlet to Horton's Light House. They are very concerned about granting this application and several letters from neighbors. It has been explained to me. That we are in the chicken and egg syndrome; you guys the chicken - I guess. I think that in this case. Maybe we should bring in the DEC and the Board of Health. Let them take a look at this. It is a very sensitive area. If we continue to allow development you are going to kill Great Pond. Period end of story. The last thing is the variance, which was granted in 1992. Before the rule was that everyone had to be notified completely around the lot. The way I read that variance. They have to follow the setbacks exactly on that variance. To move the house. The variance does not show the pool and the deck. They might be in the footprint. I do not know.. That applies the restrictions of the variances. You have a tuff job ahead of you. It is a very sensitive area. There are not many of them left. Thank you. TRUSTEE KRUPSKI: Thank you. TRUSTEE POLIWODA: Any other comment? 35 September 25, 2002 Board o£Trustees Public Meeting Minutes JIM FITZGERALD: Yes, may I respond. The gentlemen's comments as in the past are with regard with the sensitivity of the area are generally vague. I do not hear any specifics concerns except that it is a very sensitive area as you have a tough job. Because it is so sensitive and a lot of people think that it is very sensitive and on and on. We have a lot of very sensitive areas in the Town. That we have built houses. That does not mean necessarily that the area is going to be distorted by building houses. We have compiled with the suggestions and requirements to Board. With the comments about the Health Department. We will take care of Health Department that is not your concern. We will get a permit from the Health Department or we will not. Same thing applies to the DEC The DEC as you have always said is a separate agency. They do their own thing and will respond to their requirements and comments as we have in the past. With regards to the in access of thirteen pictures. I wonder how many times that has occurred in the last five years. Even if it ever rains again. One wonders if that will happen and I have feeling that although I do not basis for this. I have a feeling that all of those pictures taken on the same day. I have pictures taken in my neighborhood of roads that are passable all the time. Except the day I took the pictures they are under water. It happens once in a while. So I be interested in knowing when those pictures were taken. I would be interested in knowing if the Board is concerned about denying development permit in areas that gets inundated with standing water. As I have said before how many times has this happened in the last whatever years? Except under the most extreme conditions. I have a lot of trouble understanding the hydrogeology of Great Pond when it overflows. I would be very concerned if Great Pond overflows. 1 think that is all that I have to say with response to the gentlemen's comments. TRUSTEE FOSTER: I think it looks like these pictures were taken four different times of the year. GEORGE BAMBRICK: I have other ones at that same plot - different levels of water. TRUSTEE FOSTER: I looked for dates on here, by the color of trees. It shows to be four different seasons. GEORGE BAMBRICK: We are not talking blacktop. We are talking sand. TRUSTEE KRUPSKh Well the cranberry bog. It has to be the water table. TRUSTEE FOSTER: Well, it is actually ground water. But the ground water level rises due to the amount of rain. GEORGE BAMBRICK: That is why I am concerned with 650 cubic yards of fill in there. TRUSTEE KRUPSKI: It says excavating. GEORGE BAMBRICK: No he is adding. That was a typo. They brought that up at the meeting. Bring in six hundred fifty. Not take out. TRUSTEE KRUPSKI: On the plan that was submitted recently. When was the plan submitted? JIM FITZGERALD: The sixteenth of September. 36 September 25, 2002 Board o£ Trustees Public Meeting Minutes TRUSTEE KRUPSKh The most recent plans show. I would like Artie to take a look at this. TRUSTEE FOSTER: Do I have that. This one. TRUSTEE KRUPSKh Take a look at the fill numbers. We just had this question about a house around the corner. In the same neighborhood. The Vasquez the one we just talked about. Can you verify those numbers. Six hundred fifty yards to cover that. You can see the original elevation. You can see the proposed fill in. GEORGE BAMBRICK: This lot is twice as deep. Maybe three times as deep as Vasquez. That cranberry bog. You walk straight back. You are walking twenty feet down. Off the top of hill. Down into the cranberry bog. TRUSTEE FOSTER; From the top of the road it is quite deep. TRUSTEE KRUPSKh From the corner of the lot you start at seven or eight and you are going to 2.7 in the middle of the bog at the Iow point. Up at the highest point. You are fourteen. You go down to 2.7 JIM FITZGERALD: The Iow in that area is 9.7 and 9.8. TRUSTEKK KRUPSKI: Their on a hill. It goes up from 6.4 to up the hill and back down to 7.7. I just want Artie to take look at the numbers? It is actually a small area. The driveway is actually going to be a retaining wall on the east side of the driveway. TRUSTEE FOSTER: On either side. MS. BACARELLA: At the highest point on that east side is only about four feet high. TAPE CHANGE GEORGE BAMBRICK: Did you look at some of those plans in the bog. Which are two or three feet into the bog. TRUSTEE KRUPSKh Who flagged the wetlands? JIM FITZGERALD: Rob Herrmann flagged them. TRUSTEE KRUPSKh He is qualified. TRUSTEE POLIWODA: There is no way you can get the septic out of our jurisdiction and make it 100 feet. TRUSTEE KRUPSKI: I do not see how this project would alter. You talk about it and I am not trying to be an advocate for the project or for development. But I do not think that personally that is going to alter the flow of water. From the west side of the property across the street and then behind the property to the east. I do not think that can flow. GEORGE BAMBRICK. A minimum of six hundred fifty cubic yards of dirt and house. TRUSTEE KRUPSKI: That is just a small area. That fill is in a small area for the septic system. GEORGE BAMBRICK. That bog is just scooped it right out. It is going to be undisturbed buffer. It is going to be a cliff. TRUSTEE KRUPSKI; You will be fifty feet away. They cannot disturb anything within fifty feet of it. GEORGE BAMBRICK: But it is a slope that goes right down. TRUSTEE KRUPSKh But they cannot disturb that. It is what it is. 37 September 25, 2002 Board of Trustees Public Meeting Minutes It will not be changed. GEORGE BANBRICK: You are raising the elevation of the site. MS. BACARELLA: It is less than a foot that we are raising the elevation at. That point. A small area over by the septic tank. TRUSTEE KRUPSKI: We have to wait for Artie to get back because he knows that area. GEORBE BAMBRICK. What is your ruling on less than one hundred feet from the cesspool. TRUSTEE KRUPSKI: Well it is within our jurisdiction. There is no question about it. We have approved one this year within one hundred feet. We have approved them. GEORGE BAMBRICK. That is just another aspect of this. TRUSTEE KRUPSKI: Are you comfortable with it. TRUSTEE POLIWODA: I am not. TRUSTEE KRUPSKI: Based on what? TRUSTEE POLIWODA: Based on it. It should be one hundred feet. I do feel that I am protecting the environment and doing the job that is accepting a septic system. I am not going to vote yes on this. TRUSTEE KRUPSKh Because of the area I am not inclined to be that concerned about it If it does not pass the Suffolk County Health Department it does not. Because of the area that it is in. TRUSTEE POLIWODA: Any other comments? We are just waiting for our other Board member. TRUSTEE KRUPSKh How does the swimming pool fit into that area. MS. BACARELLA: You turn it around. TRUSTEE KING: I would assume that it is above ground pool. MS. BACARELLA: It would have to be because of the water table. TRUSTEE FOSTER: I think that the pool should be moved closer to the house. We are not loosing. Where are gaining on one side loosing a little on the other side. The pool is not something that is going to affect it with contamination. As much as the septic does. TRUSTEE KRUPSKh So we have to make a Motion on this. Because we have to move on. TRUSTEE POLIWODA: Go ahead. TRUSTEE KRUPSKI: I will make a Motion to Close the hearing. If there no other comments. TRUSTEE FOSTER: Seconded that. TRUSTEE KRUPSKh All in favor. ALL AYES. I will make a Motion to Approve the application based on a change in the pool location to accommodate pool closer to the house cut off the back finger to make that an undisturbed area there will be no overall loss to buffer to consolidate the activity there still will be a fifty foot non-disturbance buffer around the cranberry bog.. TRUSTEE KING: Seconded. TRUSTEE KRUPSKI; All in favor. TRUSTEE FOSTER: Aye 38 September 25, 2002 Board of Trustees Public Meeting Minutes TRUSTEE KING: Aye TRUSTEE POLIWODA: Nay TRUSTEE DICKERSON: Nay JIM FITZGERALD: The vote was what please. TRUSTEE KRUPSKh Three to two. GEORGE BAMBRICK: What does that mean? TRUSTEE KRUPSKh It means that they got approval. Based on a new plan. GEORGE BAMBRICK: The non-disturbed buffer. That means that they cannot bring any construction material in. TRUSTEE KRUPSKh Actually the haybales we will put on the permit condition of haybales be placed at the fifty foot non-disturbance buffer during construction. GEORGE BAMBRICK: What is the distance between the western end of non-disturbance buffer and the house? TRUSTEE FOSTER: It is not much. GEORBE BAMBRICK: That is right. How is he going to do it. TRUSTEE FOSTER: The house is going on pilings. There is excavation taking place there. Well they will have to do it. It has to be a fifty foot around the bog. It has to be around the whole fifty foot. TRUSTEE KRUPSKh That is why they put the haybales down first. GEORGE BAMBRICK: Look at where the deck is. The deck is right up against the haybales. How they are going to do it. TRUSTEE KRUPSKh Piling construction is a lot easier if they can work from the inside. GEORGE BAMBRICK: What is the Board feeling at the ninety-foot cesspool? TRUSTEE KRUPSKh The Board did not think that is going to be Health Department problem. They can disapprove it. We have approved. GEORGE BAMBRICK: You are making a written decision on this. Or just say approved. The decencies have a chance to document their decent in writing.. TRUSTEE KRUPSKI: They will not sign the permit. GEROGE BAMBRICK: Are they able to express their decent? TRUSTEE KRUPSKh They did. GEORGE BAMBRICK: I mean in a document. TRUSTEE POLIWODA: You can take it out of the Minutes. They are stated fairly clear. GEORGE BAMBRICK: You're reason for decentation was? TRUSTEE POLIWODA: It does meet the one hundred foot set back for a septic system from the wetlands. GEOGRE BAMBRICK: That will be in the minutes. TRUSTEE FOSTER: I think that the two leaching pools closes to the wetlands are actually are the pools that are proposed to be expansion pools at a later date. Because this system is only it is required to be a five-pool system. What they do in the Health Department now so it is noted the plan prior to it going there. They make sure you have ample room for a percentage of expansion at a later date if needed. 39 September 25, 2002 Board of Trustees Public Meeting Minutes GEORGE BAMBRICK: There is also possibility that that the third lot from the west his wells run across. TRUSTEE FOSTER: I would say that with less than one hundred feet. That will be picked up by application to the Health Department and addition to that. They will have to go to a Board of Review hearing for having less than one hundred feet. That agency will take care of that. Personally my concern about Great Pond. Is if this house was on the other side of the road and on Great Pond I would have a lot more concerns about it. Then I do with it being where it is. GEORGE BAMBRICK: I am talking above sea level. TRUSTEE FOSTER: This septic system is kind of up on the top of the hill here. From what they show. GEORGE BAMBRICK: Well it is going to leak right down into the bog. TRUSTEE FOSTER: The further it leaches. The better it is. TRUSTEE KRUPSKh Everybody's septic system down there leaches into the bog. There are a lot of septic systems down there. They are not empty. They are all full and they are all leaching down into the ground. TRUSTEE FOSTER: We have a situation with Marion Lake in East Marion, which over development has caused the demise of that Lake. It is just affluent running in there from underground. As I have said this is the case. If this house was on the other side of the road. I would be a little bit more concerned but if it was the last lot there. What are you saving by? Houses all around and one lot left. You are not going to save much by having one more house built there. TRUSTEE KRUPSKh Let us move on. 24. 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 25. 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 sctm#87-4-4 TRUSTEE KRUPSKI: Anyone like to comment? JIM FITZGERALD: Al, excuse me. What we are trying to do is to get the approval of the removal and planting plan. That is the original application. TRUSTEE KRUPSKI: Okay. Can you describe this briefly to us? JIM FITZGERALD: I met with Chris Arstan at the site and he indicated what they would like to see. I have a plan to a large extent based upon that. That is to remove the wall - remove the cinder block and so forth. He suggested 4O September 25, 2002 Board of Trustees Public Meeting Minutes leaving the rocks in place. As a matter of fact suggested putting additional larger rocks in that wide eroded area in the end of the return on the neighbor's bulkhead. So we show that there. Then removal of the fill back about four feet from where the existing wall is and down at the natural angle of the propose of the sand and planting of spartina patten on the upland area. Alternflora on the Iow land to show the expected new high water line. The pile of debris is to be removed. There is a lot of vegetation that exists already .as indicated in the area, which is further towards the bottom of the groin. There is a couple of backress shrubs and significant amount of patens. There is a lot of alternoflora in and around the rocks. TRUSTEE KRUPSKh I think we want to look at it. TRUSTEE POLIWODA: I do not know about leaving those rocks? TRUSTEE KRUPSKh I would be happier taking a look at it. It has been a few months. I will make a Motion to Table the application until October. Is there a seconded? TRUSTEE DICKERSON: Seconded. TRUSTEE KRUPSKh All in favor. ALL AYES We will take a look at that with the new plans. JIM FITZGERALD: I will meet you there? TRUSTEE POLIWODA: In the meantime you can remove the rubble. JIM FITZGERALD: He is under an order of consent or whatever they call that thing to get the wall out within ten days. I told Arstan, that we felt that we need a permit from you. In order to be able to do that. He said it would take a long time before they sign it in Albany. But if we are going to wait another month. That may get to be a conflict. TRUSTEE KRUPSKh Send us a letter requesting the immediate removal of the wall and will give you permission to do that as per the DEC. TRUSTEE POLIWODA: As well as the backfill, because if they are going to take the wall out. The backfill is going to fall in to the marsh. JIM FITZGERALD: They will take the fill out first. 28.Proper.T Services on behalf of JOSEPH HERZOG & CAROL BRADY request a Wetland Permit to construct additions to existing frame house - garage 25'x26' +/- room - 18'x20' +/- deck 8'x52' +/- and deck 6'x20' +/- Located: 250 Williamsburg Road, Southold, NY SCTM#78-5-8 TRUSTEE KRUPSKh Would anyone like to comment on the application? JIM FITGERALD: Yes, Jim Fitzgerald for the Mr. Herzog and Ms. Brady. It is self-explanatory I think. I would be happy to answer any questions. TRUSTEE POLIWODA: It seems straight forward I think. TRUSTEE KRUPSKI: I think that we are going to have to see this on a survey. Obviously we need an up dated survey for the Building Department and we need to see drywells and gutters for all of it shown on the survey. 41 September 25, 2002 Board of Trustees Public Meeting Minutes Hay bales during construction. A row of staked hay bales. Any other recommendations? TRUSTEE POLIWODA: No. TRUSTEE KRUPSKh Any other comment? Artie good to go - Is there a Motion to close the hearing? TRUSTEE FOSTER: So moved. TRUSTEE DICKERSON; Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES Is there Motion to Approve the application with drywells, gutters, and hay bale. TRUSTEE FOSTER: I will make that Motion. TRUSTEE KING: Seconded. TRUSTEE KRUPSKI: All in favor. ALL AYES 29. Proper-T Permit on behalf of PHILIPPE MAITRE JEAN request a Wetland Permit to place wood sheathing and add filter fabric landward of existing sheathing in 173 +/- linear feet of existing wood bulkhead. Replace existing decking landward of bulkhead 115+/-' x3' replace existing 6'9"x7'3' platform seaward of existing bulkhead replace existing 2'6'x12' hinged ramp with new 3'x12' hinged ramp, replace existing 4'x12'-6" float with new 6'x20' float. Located: 3650 Ole Jule Lane, Mattituck, NY SCTM#122-4-23 TRUSTEE KRUPSKI: Is there anyone who would like to speak in favor of this application? JIM FITZGERALD: Yes, Jim Fitzgerald, for Mr. Maitrejean. Again the drawing ithink says it all. The bulkhead is very old. Beginning to fail. The proposed resheathing on the landward side will presumable will achieve that goal. TRUSTEE KRUPSKh I think that the only question that we had been at the end of the bulkhead is that little cut out. There is a six-foot return that jogs out. Apparently for no reason. We thought that could be eliminated. JIM FITZGERALD: The return you mean? TRUSTEE KRUPSKI: Well it returns into nothing. It returns upland also. JIM FITZGERALD: I am not defending it. I just wanted to know if that is what you mean. TRUSTEE KRUPSKh It is a little six foot. We were wondering if that could be eliminating during the course of construction. The CAC recommends a fifteen-foot non-turf buffer. Which I think would be appropriate it there. I do not know if the Board has any other. JIM FITZGERALD: Is that, Al, will that include the deck. TRUSTEE KRUPSKI: Inclusive of the decking. I do not know if the Board has any other comments? They want to increase the size of the float. I really do not have a problem with that. The problem is the size of the boat. If there is no other comment? I will make a Motion to close the hearing. TRUSTEE DICKERSON: Seconded. 42 September 25, 2002 Board of Trustees Public Meeting Minutes TRUSTEE KRUPSKh All in favor. ALL AYES I will make a Motion to Approve the application with the condition that there be a total of 15 feet non-turf buffer behind the bulkhead and that the six foot return be eliminated. TRUSTEE FOSTER: I will make that Motion. TRUSTEE POLIWODA: Seconded. TRUSTEE KRUPSKh All in favor. ALL AYES. 30. Proper T Services on behalf of STEVEN KRAM request a Wetland Permit to construct additions to existing house structure - includes three sections 14'x27. 8' extends east 7'x 65.4' located along back north side of existing structure 4'x9' front-south side of existing structure. Located: 100 West Lane, Southold, NY SCTM#88-6-12 TRUSTEE KRUPSKh Would anyone like to speak in favor of the application? JIM FITZGERALD: Jim Fitzgerald, for Mr. Kram. Again what you see is what we would like to get. TRUSTEE KRUPSKh It seems that they t applied for this little thing. Basically it is a rebuilt. JIM FITZGERALD: He says this is the maximum. The plans now includes this and a little bit into here. But he would like to be able to understand that he can do this whole thing in time. Before the permit expires. TRUSTEE FOSTER: Is he in a flood plain there? Does he fall under the FEMA regulations there? JIM FITZGERALD: I do not know. TRUSTEE KRUPSKh We were just going to make a standard requirement. To put hay bales during construction, gutters and leaders and we need the plans placed on a survey. I am sure that it will be necessary for the building department. JIM FITZGERALD: You also need that Herzog too. Gutters and leaders and hay bales. TRUSEE KRUPSKh Where do we want the hay bales here? Twenty foot from the bulkhead gives them room to work. JIM FITZGERALD: Up the sides to or just straight across. TRUSTEE KRUPSKI: Just straight across. Did I have a Motion to close the hearing? TRUSTEE DICKERSON: So moved. TRUTEE POLIWODA: seconded. TARUSTEE KRUPSKh All in favor. ALL AYES Do I have a Motion to Approve the application with those conditions? TRUSTEE KING: I will make a Motion to Approve with those conditions. TRUSTEE POLIWODA: Seconded. TRUSTEE KRUPSKh All in favor. ALL AYES. 43 September 25, 2002 Board of Trustees Public Meeting Minutes 31. Catherine Messiano on behalf of VINCENT & SUSAN PARENTE request a Wetland Permit to construct a 50'x50' 2 story single family dwelling with full basement 24'x36' detached garage pervious driveway on site sewage disposal system and private well - clearing and maintenance of a 6' wide mulched path through the buffer area to wetlands selective clearing and mulching of the landward 25' of buffer area. Located: Vineyard View Lane, Cutchogue, NY SCTM#103-2-19.8 TRUSTEE KRUPSKh Is there anyone here would like to explain this application to the Board? CATHERINE MESlANO: Yes, I am Catherine Mesiano, on behalf of the applicant. Since I have arrived here tonight. I had some interesting conversations with a number of people and in light of that.. I would like to ask for a postponement. So that we can do further investigation on site. To clarify some issues. TRUSTEE KRUPSKh I will make a Motion to Table the application. TRUSTEE FOSTER: Seconded. MARY BAKER: May I speak. TRUSTEE KRUPSKh We did not vote on it. Go right ahead. MARY BAKER: I do not think that I can make another meeting like this. So I will say what I have to say now. CHARLOTTE CUNNINGHAM: Please state your name? MARY BAKER: My name is Mary Kathryn Baker. I am concerned about this survey here. So called the abandoned drainage sites. I would like to know how that is going to be addressed and my understanding the Planning Board has proved that. What happens with this drainage if it is blocked? I have pictures to prove. It has been blocked. That the water goes over the roadway. The drainage has to be addressed. Who is going to be responsible for the drainage? The natural run-off the vineyards in front of it. TRUSTEE FOSTER: Is this the lot that I was talking about. Here we go. MARY BAKER: This is a few years ago the drainage was blocked and this is what occurred. Actually the water came over the roadway. There is no access for fire trucks or anyone else. I just want you to know? TRUSTEE KRUPSKI: You can ask Ms. Mesiano the agent? MARY BAKER: You are not responsible for any of this? TRUSTEE KRUPSKI: Our jurisdiction is one hundred feet from the wetland edge. Which ends MARY BAKER: Well, whose jurisdiction is it - the planning board? Because this entire chemical from the vineyard is going into the wetland. TRUSTEE KRUPSKI: If the pipe is plugged up. MARY BAKER: It should not be plugged up. Because you actually go over. TRUSTEE FOSTER; I think that there are three pipes in there. TRUSTEE KRUPSKh We try to eliminate the pipe that goes into the wetlands that is the whole point. MARY BAKER: So now what is going to happen it is going to go over the road? 44 September 25, 2002 Board of Trustees Public Meeting Minutes TRUSTE POLIWODA: How much rain is we speaking about? MARY BAKER: Enough to do this damage in a few days. We have a Northeast storm they should put a drain in there. We own the road. The planning Board has had that. TRUSTEE KRUPSKI: You own the road and everyone else has the right-of- way on it. MARY BAKER: There are four owners. TRUSTEE FOSTER: It is deeded to four people. MARY BAKER: This is run-off that is going into wetlands. TRUSTEE KRUPSKh Are you going to submit any of that for the record? MARY BAKER: I did not know that it was going to be that serious thing. Maybe I should hold on to it. TRUSTEE KRUPSKh The applicant has proposed to table the application. So it is up to you. MARY BAKER: So you know that you are contradicting yourself. So you do not want to go on. TRUSTEE POLIWODA: Who maintains that pipe? TRUSTEE KRUPSKI: We are not contradicting ourselves. This thing is running in there now. MARY BAKER: What is running? TRUSTEE KRUPSKh Water CATHERINE MESlANO: We could debate these issues all night long. I think the photographs depict a situation that has occurred. But it is an extreme situation. You have a lot of frost on the ground - a lot of snow - a lot of ice; you are going to get a thaw and the rain. There is no place for it to go. You can get these conditions. Would the Board be inclined to consider the project on its environmental merits? With the condition that the drainage issue be addressed to the satisfaction of the Town Engineer. TRUTEE KRUPSKh I do not know. it is twenty to twelve. I was more comfortable tabling it. MARY BAKER: That is not fair. I have been waiting just as long as you have. A fire truck cannot go down that street at time. I have children. This could have been very serious. TRUSTEE KRUPSKh The think that we should table this. The applicant has asked to table this. MARY BAKER: I have waited here. Just like everyone else. My concern if you can sell a house - build a house. I do not care what happens to the property. I want it to go into record the drainage issue. It does affect the wetlands. TRUSTEE KRUPSKh Than you do not understand what I am saying. If this is a serious issue. It would be better to table the application and address all of the issues. Instead of voting on something. CATHERINE MESIANO: I just want to reiterate what I said. If we address the issues that are within your jurisdiction to your satisfaction. Would you be comfortable making a decision - subject the approval by the Town Engineer of a drainage plan or some remediation for that situation? We can come back 45 September 25, 2002 Board of Trustees Public Meeting Minutes and talk about this sixteen months in a row. It is going to come down to some engineer somewhere having to come back with a plan or a recommendation or some technical report to handle the problem regardless of the scope of the problem. But we are still boiling it down to the main issue. Which is what is within your jurisdiction. That which is in your jurisdiction being addressed. We are giving a seventy-five foot non-disturbance area. We talked about the septic and the distance of the septic system from the wetlands. And so on. I think that the engineer is the issue. If you can make a decision based upon the environmental aspect. Subject to a subsequent satisfactory report by the Town Engineer than we have a direction. TRUSTEE KRUPSKI: I would like Artie's opinion on that? TRUSTEE FOSTER: I reference to the drainage the drainage is the issue. It was the issue when I looked at it. TAPE CHANGE TRUSTEE FOSTER: That was farmed. That Iow area has always been there. There was nothing but a farm road through there. When this was converted to a vineyard and those lots were subdivided. I put that road in. So I know what it was. Those drainage pipes were put in there. To let the water pass under the road. The water was already going where it was going through the Iow area. All the pipes did was allow you to put the road over top of it. To access the last lot. Nothing was changed as far as the run-off. The run-off was always there. Nature did that. The pipes just gave it a different route. Prevented a lot of erosion. Allow them to put a road over the top of it. MY concern. When we went to look at the lot. Having installed those pipes was where are the pipes? Where is the other end of the pipe? I mentioned to everybody. All the Board members that there was a drainage problem here. That lot at the time when I put the road in. I was going to take one of those lots. That particular lot. The bank would not loan anyone money or put a mortgage on a house. If you built on that lot because it was a drainage easement. So I abandoned that idea. As it turned out 1 never did not get one of the lots to actually build a house on. But there always been a problem with that lot. Certainly we do not want to see. We have areas all over Town where we have run-off problems. We got a plan in operation now. With some Federal and State money. Where we are trying to address this. Hopefully we can clean a lot of this up in the next few years. But I cannot begin to tell you how many areas that this exists. Every time we go around a corner. There is another one. So it is not like this is an isolated situation. But certainly, the drainage issue is going to have to be addressed. Because I know what happens there. If you get twenty inches of rain. Like they are expecting to happen in New Orleans. You are going to have a flood there. There is no doubt about it. There is going to be floods all over the place. That is only one of many areas. Obviously there is a problem with it. The issues are going to have been addressed one way or another. MARY. BAKER: I just want to know who is going to be responsible. If someone wants to build there. I do not have a problem with that. I just want someone to take responsibility. 46 September 25, 2002 Board of Trustees Public Meeting Minutes TRUSTEE FOSTER: If you can insure, or somebody can insure. That there is enough drainage on the north side of.the road. Where it never will build up and run over the road and wash right in the way wash the house away or portion of. Remember what happened with the High School. They changed the grade when they did the High School in Mattituck and Tom Clauses swimming pool had two foot of mud in it. Went right through and right into Jockey Creek it was a nightmare, these things happen and it could happen there. MARY BAKER: The Planning Board or Board of Trustees who has the final say. TRUSTEE KRUPSKh I do not know. We have to figure out. TRUSTEE FOSTER: I think it is the Planning Board issue. Because they are the ones that approved the sub-division from the beginning. NEIGHBOR: Artie are you aware that there are two large systems up there. TRUSTEE FOSTER: I think I put them in. Also consider that all of that water that is going into those drains is coming off those fields. NEIGHBOR; The vineyard there, they put the rows of grapes this way. That has eliminated a lot. TRUSTEE FOSTER: They used to plow it the other way and it did eliminate a lot of it. What I was going to say when the water. As that water flows. It picks up all the silt. That is why the creeks get muddy when it rains. Because it washes all the mud in there. The systems will fill up and they skim over with mud and then they become less effective. They are high maintenance items. I know that there are in there. Working right now. But if you get a five or six inch rain fall. MARY BAKER: If the ground is frozen. TRUSTEE FOSTER: See that is the key to it. If the ground is frozen that is a real issue. Because then the ground itself does not take any water, then you are relying totally on two drywells that are probably only about fifteen percent effective. MARY BAKER: (speaking but unable to understand not near microphone) TRUSTEE FOSTER: Ray Blum is the guy that did that. Ray Blum had Peconic Bay Vineyards. Ray Blum subdivided that property and all of this went through the Planning Board. This was a natural flow of drainage. It went that way forever. So you cannot really change it that much. So they put pipes in. To allow a road to go over. That lot when I did that job was not considered a build able piece of property. I am not saying because it is your property. I would be happy if you built a house on it. I did not want to get into it. But when we looked at it. I just knew what it was and I mentioned it. There is a problem here with drainage. Because that lot is Iow it somewhere it is going to contain it all on the other side. It is going wind up right where nature wanted it to go. MARY BAKER: (SPEAKING BUT UNABLE TO UNDERSTAND NOT NEAR MICROPHONE). TRUSTEE FOSTER: How long has the pipe been clogged up? MARY BAKER: About fifteen years. 4? September 25, 2002 Board of Trustees Public Meeting Minutes TRUSTEE FOSTER: I think that there is more than one. We looked at. I think we should table it. Get the information that you need. TRUSTEE KRUPSKI: Did you want to resolve before it was approved. CATHERINE MESlANO: Yes, I throw that up as a suggestion to you. Because the solution to the problem is outside of your jurisdiction. The resolution is a problem that is really not something that this Board needs to be involved with. Because as you well know. If this sub-division were being created today, That drainage situation would not be allowed to be handled in the manner at the point in time of which this sub-division was created. So it is a situation that has to be recommended with. But it is outside your jurisdiction. I do not see any reason for the Board to be involved any further. This issue has to be addressed. That you are not involved it. TRUSTEE FOSTER: My concern is that. As I mentioned when we were in field inspection CATHERINE MESIANO: I appreciated your input. TRUSTEE FOSTER: I do not think that was intended to be building lot. It was intended to be a drainage easement. That is why those pipes were put in there. I mentioned to you when we were on the field inspection. Jim, when did you buy that land? NEIGHBOR: 1985-1986 TRUSTEE FOSTER; You bought it as an approved building lot? CATHERINE MESlANO: Where there ever permits on this property. When you bought the property was there any covenants, no easements came up. NEIGHBOR; No. TRUSTEE FOSTER: As you say it is not in our jurisdiction. CATHERINE MESlANO: The problem and the resolution are outside of your jurisdiction and if that sub-division would be created today. The land would be handled in that manner. TRUSTEE FOSTER: If it really is non-jurisdictional. What are we going to do? TRUSTEE KRUPSKh I cannot see where it is jurisdictional. Our limit is one hundred feet from Wetlands. We have looked at the boundary, I think that everyone referred the boundaries. TRUSTEE FOSTER: I know what the situation is? I am not trying to create problems. I feel bad for Jim. But it is not jurisdictional. CATHERINE MESlANO: You can grant approval subject to the Town Engineer and/or the Town Planning Board granting approval. Then I think we have accomplished what we can before this Board. TRUSTEE KING: As long as it is conditioned. Just issue the permit that it is out of our jurisdiction. TRUSTEE FOSTER; The bad thing about that. Down the road no one knows if it was out of our jurisdiction. The trustee's gave them a permit. I do not have a problem with that. Approve it with those conditions. TRUSTEE KING: Make sure that the problem gets rectified. Eventually it is going back into our face. MARY BAKER: (Not speaking into microphone) 48 September 25, 2002 Board of Trustees Public Meeting Minutes TRUSTEE FOSTER; Well I understand that and I agree with that. That is the way it is suppose to be. But nature put it there. All we did when we built the road. Was to allow nature to continue to put it there. If the pipes did not go under the road. The road would not have gone it. You just have to move that water. That point in time that water was coming through there. They have changed the configuration of the rows and so forth. Which cut it down considerably. There maybe a point in time when they wouldn't TRUSTEE KRUPSKh Someone make a Motion. TRUSTEE FOSTER: What are you looking at me for. You want me to do it.. We went from tabling the application. Now we are going to vote on it. TRUSTEE POLIWODA: We are going to vote on it. Approve it and condition it that Artco put twenty drains in. TRUSTEE FOSTER: I do not want to get involved in it. I would say, Approve it with a condition that it goes before the Planning Board and the Town Engineer to address the drainage issue, TRUSTEE POLIWODA: Because the building envelope itself and the septic system are right there. CATHERINE MESlANO: I have had situations where the Health Department has given me approvals subject to the Town Engineer doing certain things with respect to drainage. So making that request of him is not something that has never been done before. TRUSTEE FOSTER: We have issued permit with condition such as that before without a problem. TRUSTEE KRUPSKh Someone make a move here? TRUSTEE DICKERSON: I will make a Motion to close the hearing. TRUSTEE KING: Seconded TRUSTEE DICKERSON: All in favor. ALL AYES TRUSTEE POLIWODA: I will make a Motion to Approve the Wetland Permit on behalf of Vincent & Susan Parente with the condition that they go to the Planning Department and Town Engineer to work out a drainage plan to the north of that road that it includes also the property include a seventy-five foot non-disturbance buffer as well as one hundred set back on the septic system - gutters and drywells on the home also hay bale line at seventy five feet. TRUSTEE DICKERSON: Seconded. TRUSTEE POLIWODA: All in favor. ALL AYES TRUSTEE KRUPSKh Abstained. TRUSTEE POLIWODA: Why did you abstained? TRUSTEE KRUPSKh I thought Mrs. Parente owned the lot. CATHERINE MESlANO: They are the applicant and contract vendee, TRUSTEE KRUPSKh I did not realize that. TRUSTEE POLIWODA: You know them. TRUSTEE KRUPSKI: No I know the owners. TRUSTEE FOSTER: I am going to abstain on it. So you got it anyway. You got three out of five. 49 September 25, 2002 Board of Trustees Public Meeting Minutes 32. 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 (gummite) 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' Iow 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. f t. seaward of new Iow 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 applicant. The last time we met on this matter. The Board and I realized that there was an error on the maps that were drawn and the error consisted of the 52-foot Iow sill bulkhead being shown in the wrong location. We have corrected that. I have the map for you. They are the same as they were except 52-foot Iow profile bulkhead is located in the place that we discussed which is the end of the existing bulkhead at the canal. Not at the southeast end of the property. So this was the only point of contention was this section of Iow sill bulkhead, which we corrected and this is the map, which you had requested. On which to make a decision. TRUSTEE KRUPSKI: Thank you - are there any other comments? JAMES SPIESS: James Spiess of McNulty & Spiess, 633 E. Main Street Riverhead on behalf of the Paradise Point Association. I just like to ask that the application be tabled for a month to allow my client's and me the opportunity to look at the submission that just came in tonight. TRUSTEE KRUPSKI: Thank you - any other comments? Catherine, are some of the issues here were they ever resolved. CATHERINE MESISANO: I am sorry I could not hear. TRUSTEE KRUPSKI: There were zoning issues here were they ever resolved? CATHERINE MESIANO: The zoning issues we have not gone before the Zoning Board of Appeals. Because we have not gone before the Building Department. TRUSTEE KRUPSKI: The Town Attorney has advised us that the zoning issue has to be resolved. Before we issue a permit. CATHERINE MESIANO: The last communicating from the Zoning Board of Appeals from Mr. Goehringer said was to take the matter to the Trustee's first. Then come to us. That is Mr. Goehringer. TRUSTEE FOSTER: That was some time ago. I think that he has changed his position since then. TRUSTEE KRUPSKI: We will be happy to send you a letter. Suggesting that you get the zoning straightened out on the property. 5O September 25, 2002 Board of Trustees Public Meeting Minutes CATHERINE MESIANO: Well we would prefer not to go that route. We have presented everything to the Board. That the Board needs to make a determination on the environmental issues. Your code clearly provides you to make a determination. It does not bind any other agency or municipality or government. The limit of your jurisdiction is very specific. The standards and tests that you set forth. We believe we have met all of the standards. We believe that this hearing should be closed and that a decision should be rendered by the Board. We have given you everything that you have asked for. Every bit of information that the Board has requested. Mr. Zupa has provided you with many forms of communication with legal opinions and documentation and so forth. We are still hearing. We went around this issue on the chain link fence. We finally were able to resolve the chain link fence issue. The fact that you were able to make a decision on the chain link fence. Tells me that you are in a position to make a decision. I believe that your failure to make a decision will have an adverse affect with respect to the unrealistic standards in Chapter 97 Section 28 - your failure to make a decision will have numerous adverse affects on the wetlands and I have a letter that I would like to present to you. You can read into the minutes. We would like to close the hearing. Because we have given you everything therefore. We believe it is time for a decision. TRUSTEE KRUPSKh What is your opinion? Do you agree with our legal counsel that we should. TRUSTEE FOSTER: That is why he is there. TRUSTEE KRUPSKh I would think so. How does the rest of the Board feel? TRUSTEE POLIWODA: I am inclined to listen to legal counsel at this point. The docks are another issue. We should separate the docks from. TRUSTEE FOSTER: You could not come to any kind of agreement. TRUSTEE POLIWODA: I feel that there is more than one dock already on the location. On one residential lot. So until you can prove other wise that there are two lots there. You will get two docks. TRUSTEE FOSTER: What are they going to do about the. CATHERINE MESlANO: Then we would be happy to withdraw that portion of the application. That pertains to the dock and ask the Board to make the determination on all of the other matters. Because we clearly demonanstarated that we have done all of the improvements the residential improvements back seventy-five feet. We have given the buffers that you have requested to help the septic system is more than one hundred feet from all wetlands. All of the criteria that you require have been met with all of the issues. If the dock issues is that is holding you back from making a decision. Then we would table that section of the request and hold that opened until another determination is made. We believe that we have addressed all of the issues that need to be addressed in order for you to make an environmental determination. TRUSTEE KRUPSKh Peggy TRUSTEE DICKERSON: would consider that TRUSTEE KRUPSKh Jim 51 September 25, 2002 Board of Trustees Public Meeting Minutes TRUSTEE KING: I am inclined to table it. With what is going on with the structure. TRUSTEE KRUPSKI: I have one question. It is just a question. The pier that jots out into the bay Is that a separate parcel? CATHERINE MESlANO: To my knowledge it is part of the parcel. It showed on our survey. It shown on the tax map. [ believe that the title company has insured that with the rest of the property. JAMES SPIESS: Can I be heard on that issue? When you talk about the pier you are talking about the jetty at the end of the canal. TRUSTEE KRUPSKI: Correct. JAMES SPIESS: The Association owns that jetty. The former owner of the subject lot conveyed it to the Association in 1989. It is not included on the survey as prepared by Mr. Ingegno gave January 2, 2002. If you have that before you will notice a tie line that separates the property from the lot itself. It is not in any meets and her title company does not insure bounds description of this applicant's deed. CATHERINE MESlANO: Stand corrected, Mr. Bressler reminded me. TRUSTEE KRUPSKI: Is this bulk heading description incorporated into the Zupa's application? CATHERINE MESlANO: No ERIC BRESSLER: Just for the record that it is perfectly clear the owner of Jetty is an issue in the action between parties. (Cannot understand not speaking into microphone. Whether or not it is insured is irrelevant. JAMES SPIESS: Even though we have not had an opportunity to see the most recent [plan that was submitted this evening. Previous plan that was received by the Board. Date stamped August 15th 2002 proposed some kind of work to be done in that area. The Association claiming ownership of that jetty objects to any work being done there. CATHERINE MESlANO: I think that we will withdraw the proposed revegatation of that area, which was added at the Board's request at the site inspection. So we would withdraw a request for re-vegetation without prejudice. TRUSTEE KRUPSKI: I think you better get ownership straighten out. Because you are talking about serious environmental consequences if this fails. One says they own and another says you do not own. Someone has to maintain all of this. We cannot issue a permit for someone to maintain it. When they do not own it. TRUSTEE POLIWODAA: What did Greg say. TRUSTEE KRUPSKI: It was not Greg. It was Kathleen she said that they have to get their own zoning issues straighten out. I think also the ownership issue also straightened out. The ownership is really. It is separate from the dock issue in the basin. This is more of an environmental issue that could become a real problem if it is not maintained. JAMES SPIESS: With respect to that dock issue as well. In the plan again it date stamped August 15th. It talks about replacement of existing docks that are not in the basin. The Association owns that dock. If I read this correctly. 52 September 25, 2002 Board of Trustees Public Meeting Minutes The applicant is asking for your approval to remove someone else's improvements and replace them with his or her own. TRUSTEE KRUPSKh That would be correct. CATHERINE MESlANO: As I previously stated. We would withdraw that without prejudice that portion of the application. So that the Board can make it's environmental determination for residential improvement. Satisfy all of your requirements. Other Boards have directed us to come here first and handle the environmental issues. We do not have to settle these conditions to the Health Department to make their determination. The application is presently before the DEC. There are many approvals that are necessary prior to the development of the site. This is one of many. We addressed all of the issues that are pertinent to this Board. TRUSTEE KRUPSKh No you have not. You have not addressed the ownership issue that is one that we cannot grant a permit for something. When the ownership is in question. CATHERINE MESlANO: We have not asked for anything with respect to the jetty. Other than the re-vegetation our claim does not include that portion of the property. Someone else recently did that bulkhead. I think the Association. Our application does not include any work to that jetty. Other than the re-vegetation that the Board has requested. Because of the erosion. TRUSTEE KRUPSKh I think that we would be irresponsible to act on this. It can be easily resolved. It is a dispute between two parties. You resolve it. CATHERINE MESlANO: Easy to say that it can be easily resolved. MR. BRESSLER: With all do respect Mr. President that is somewhat disinjunious for you to sit up there. Tell us that this can be somewhat easily resolved. Please. There is a lawsuit. There has been a complaint, a motion and amended complaint: This is not going to be easily resolved and I do not think that this Board's determination should turn on whether or not that you believe this can be resolved. TRUSTEE KRUPSKI: No MR. BRESSLER. It has got to turn on whether the environmental factors for the house project have been met. The environmental facts for the house project have nothing to do with the jetty and they got nothing to do with the dock. TRUSTEE KRUPSKh It does have a lot to do with the jetty. Because if the jetty is destroyed. If we do get a hurricane and the jetty is destroyed and the channel fills in. It becomes an environmental issue. If no one is going to claim responsibility for the jetty and maintain it. Then no one is going to maintain the channel then it becomes an environmental issue. TRUSTEE POLIWODA: Town bottom. TRUSTEE KRUPSKh Who is going to clean it up. If it falls into the channel. MR. BRESSLER: That is not before you. TRUSTEE POLIWODA: Town dredging problem. It is town bottom. MR. BRESSLER: That is not what is before you. TRUSTEE KRUPSKI: I do not know, I am alone in this. 53 September 25, 2002 Board of Trustees Public Meeting Minutes MR. BRESSLER: We are asking to build a house. You are talking about a jetty falling into the water. Whether or not you grant a house. That project out of the jetty has to be resolved. That is subject to litigation. If we have met your environmental requirements. We have met them. JAMES SPIESS: Let us not forget another issue on that jetty. The way that has been maintained is across the roadway that goes to this property. That the applicant is now seeking to remove as part of the residential application. That is also a subject of that lawsuit. The Association has been maintaining that jetty since it was constructed in the early 1970's. They have used that roadway; this applicant wants to destroy that roadway. We claim that we have an easement across that. So you cannot look at this application piece meal. We cannot look at it in a vacuum, TRUSTEE KRUPSKh I do not want to and I withdraw my comments that it can be easily resolved. ERIC BRESSLER: It definitely cannot be. These issues have nothing to do with the environmental impact. We got a long way to go. We have a lot of Boards to see. If we have met your environmental requirements. Send us on our way and we will go to next place. Ultimately, at the end of day all of these issues have to be resolved. By you granting an environmental permit. We are only off to the next step. If there is something environmentally that we have not satisfied. We have not heard it. We have met every requirement that you have asked us to meet. Now let us go to the next step. Go some place else. TRUSTEE KRUPSKI: What is your opinion Jim? TRUSTEE KING: I am uncomfortable with it. JAMES SPIESS: Again Mr. President 1 do not want to do everything we did last month. But there already has been a determination by the Town that this is not a build able lot. You have been asked to approve a structure based on environmental aspects for a non-build able parcel. It seems to me the place to go to start this before we address these issues. Is to determine whether or not parcel is build able. The Zoning Board of Appeals has already determined that. That has been there since 1995. Again I do not wish to do that all over again unless you want me to. TRUSTEE KRUPSKh I am inclined to listen to legal counsel. Let them settle it. Let it go to the Courts and settle it. When it does settle. Then you will know who has rights to what and then we can act on it. Because there is a question of the docks that has never been addressed. ERIC BRESSLER: Fine we will see you in Supreme Court. TRUSTEE FOSTER: How long in terms of years do you think this is going to take to get this straighten this out? JAMES SPIESS: It is impossible to say that. We filed a Complaint. Mr. Bressler filed a Motion to Dismiss that Complaint. The Complaint has been amended. It could be permanently disposed of it he makes another Motion. Or it could continue for another year or two years. We cannot really tell you how long it will take. TRUSTE FOSTER: If we approve this. Subject to clearing up the waters and not issuing a permit until that was done. Two years may go by. If we issue the 54 September 25, 2002 Board of Trustees Public Meeting Minutes permit now and you do not straighten it out in two years. That permit expires and you will have to come back. CATHERINE MESlANO: You can make a decision subject to other conditions that we discussed as an issue matter. We have addressed all of the issues over which you have authority and we think it would be irresponsible of you not to make a determination. We feel strongly that your failure to make a determination would cause derogation of those things that you seem to protect under your own standards. TRUSTEE POLIWODA: You are right Cathy, you met our criteria and under circumstance I would approve it. CATHERINE MESlANO: Then you have an obligation to do that. Because you're Code does not give you the powers that you are taken. Your code says that your permit only covers that over which you have authority. It does not extend another governmental agency. TRUSTEE FOSTER: We do not have the authority to issue permits for a piece of property to build a house that is declared not a building lot. That is the big issue. That is why we were advised not to act on it. CATHERINE MESlANO: That issue is different than the issue that is before you. Because at the point in time when that matter went before the Zoning Board, That applicant was asking for things that we are not looking for. That was a completely separate and distinct action. What occurred arose out of some melamine of that action. We are seeking to create a totally deforming situation for which the Planning Board - Zoning Board approval would not be necessary. The two issues are completely separate. ERIC BRESSLER: In any event any approval you grant is subject to everybody else signing off on it. I just do not see why we cannot get out of here. Keep the process going. Until some of these requirements are not met, That maybe the Zoning Board or maybe the Building Department. It maybe the Health Department. I will tell you one thing I do not think it is here. But anywhere it lies somewhere else and to say that we are not going to do anything, Until how this is resolved. Puts us at the end of a hopelessly long cycle, which is obviously what the other side wants to do. TRUSTEE KRUPSKh We are not getting into the other side or this side or my side or your side. ERIC BRESSLER: That is your agreement. They want you to wait. Because waiting everybody knows what that does. CATHERINE MESIANO: Your Code has a provision for this. I site that section of your Code in my letter your Code clearly covers it. JAMES SPIESS: The Code also says that the applicant must provide documentary proof that all other necessary permits and approvals have been obtained. Where is that here? That Section 97-21 sub-paragraph J. Where is that? CATHERINE MESlANO: It was sent back to you by the ZBA. ERIC BRESSLER: That was heard when you made your environmental determination. You take that to the Building Department. When you have everything else. Then we come back to you. Just like we did in the case last 55 September 25, 2002 Board of Trustees Public Meeting Minutes month. That when the permit issues. You cannot move forward without determination of the environmental factors have been met. Issue your approval TAPE CHANGE TRUSTEE KRUPSKI: Content of the permit. The statement of the virility of this permit is? Maybe subject to the approval of other governmental and municipal authorities Town accepts no responsibility in applying for it. Obtaining such approval. In the event that this approval is necessary the holder of this permit shall not commence operations here until such approval has been obtained in writing. Failure to obtain such other approval when required shall subject this permit to immediate revocations by the clerk upon receipt by the clerk of written notice such governmental or municipal authorities of this refusal or disapproval. Acceptance of their permit is acceptance of this condition. ERIC BRESSLER: You have always done. JAMES SPIESS: Excuse me, we just started off by saying we just wanted an opportunity to review the latest submission. At the very least the twenty four other homeowners who are in this Association have the right to see the latest plan that Es being submitted. We have not had the opportunity to do that. 1 was there at your office just recently at four o'clock yesterday afternoon and there were no new filings. So I do not know how you can act on something that the public hasn't had a chance to review. CATHERINE MESIANO:: The difference between this map and last month's map. Is a technical error in placement of the fifty two feet. The basic content is actually the same. There was a correction of the location. The location of that fifty two feet of Iow sill bulkhead was clearly understood. I do not think this warrants another month for it going around. The Board has everything it needs to make a determination. TRUSTEE KRUPSKI: Actually I am not comfortable with this plan that was submitted for two reasons. One, you do include the dock replacement. Two, you include that pier out into the bay as part of the property. That is what appears to be. See what 1 am talking about. Three, we ask for cross section on the plantings. It does not include the plantings. CATHERINE MESIANO: Of course it does, next to the Iow sill bulkhead it shows the cross sections. TRUSTEE KRUPSKI: I believe there was some regrading of That not planting. Which it says to re-vegetate approximately three hundred square foot of shoreline in native species including spartina patens, spartina alterniflora, disiichtis spicata but it is not very specific. CATHERINE MESlANO: You know Al, that 1 know that you cannot be very specific. TRUSTEE KRUPSKI: Sure you can. CATHERINE MESlANO: We talked about this at the site and the general area to be re-vegetated was clearly understood and those areas that would require re-vegetation after the bulkhead was installed. The backfill was done. There 56 September 25, 2002 Board o£ Trustees Public Meeting Minutes is a cross section that demonstrates the plantings. You are grasping at straws. TRUSTEE KRUPSKh No, I want to vote on a plan that is right. Not on something that comes up and we will take out. CATHERINE MESIANO: You want a plan as you have done in,the past. Make it subject to our submission of a map that clearly predicts that. Because I cannot go back to the surveyor every week and have him draw me the 17th, 18th and 19th version. To come back to this Board and say you want it moved over six inches. You give me exactly in writing what you want and I have it committed to a piece of paper. For us to come back with another minor alteration and another minor alteration. And then someone to say we haven't had a chance to review it. I think that is really pushing it beyond reason. TRUSTEE KRUPSKh I do not think that we are moving a twenty-one foot by one hundred thirty seven foot structure is a minor alteration. CATHERINE MESIANO: We are showing the site condition. TRUSTEE KRUPSKh That is what it shows. That is not a minor. I am sure you can fix it. CATHERINE MESIANO: We can clearly fix that right now. You can at least make a determination. We have given you every thing you need to do to make a determination. TRUSTEE KRUPSKh Because I do not see how you fix all this on a stamped survey. CATHERINE MESIANO: This is not a stamped survey and I will put my name on it as a site plan. There is no reason to come back and do this again in a month. JAMES SPIESS: The reason is that no one body else has had an opportunity TRUSTEE KRUPSKh Wait please, TRUSTEE KING: I would like to get some more legal advise on this whole thing. It really is disappointing today the whole thing. TRUSTEE KRUPSKh Kenny TRUSTEE POLIWODA: I would vote on it tonight But you say that legal counsel says do not vote on it. I respect their view point. They are the ones that are our legal response. TRUSTEE KRUPSKI: Peggy TRUSTEE DICKERSON: I respect the legal counsel we should listen to. TRUSTEE KRUPSKI: Artie TRUSTEE FOSTER: I would vote on it personally, but it would be arm length of conditions. CATHERINE MESIANO: We can live with conditions. We think that this should be closed and the matter should be decided. TRUSTEE KRUPSKh I think if we vote on it tonight. The matter is a long way from being decided. CATHERINE MESIANO: That is not a matter for this Board to consider. You have a very narrow view point of this matter. You're the environmental aspects and that is all you need to be considering. Your Code clearly lets you off the hook for anything else. 5? September 25, 2002 Board of Trustees Public Meeting Minutes TRUYSTEE FOSTER: She is right about that. I have some issues with it. TRUSTEE KRUPSKI: That is what I read out of the Code. CATHERINE MESlANO: It is your Code. JAMES SPIESS: Mr. President, I TRUSTEE FOSTER: We have a request to remove docks, we have request for an application for a dock, I do not want to get involved with that. TRUSTEE KRUPSKh That supposedly has been withdrawn the docks. TRUSTEE FOSTER: Has it? TRUSTEE KRUPSKI The dock application TRUSTEE FOSTER: Get it in writing CATHERINE MESlANO: We would withdraw if you like it in writing. We will withdraw that aspect of the permit application. The dock without prejudice (cannot understand) TRUSTEE FOSTER: You can put a condition on the right-of-way is resolved. The ownership of jetty is resolved. The docks are resolved and all of that is resolved before any permit gets issued. If you want to make an approval subject to those conditions. Then they can battle it out themselves. If the conditions are not met they never get the permit. CATHERINE MESlANO: With one exception I would like to say one thing with respect to that. We want the right to be able to protect the property. There is deteriorating bulkhead on the property. We want the right to be able to repair or replace as necessary to protect that property. Again that goes with your standards. TRUSTEE KRUPSKh Not new construction. CATHERINE MESlANO: The new construction should be voted on as well because we have addressed all the environmental issues. The dock and jetty we can withdraw without prejudice. But everything else I think you have adequate documentation to make your determination. I think that you would be irresponsible. If you did not because you are not allowing us to protect our property. JAMES SPIESS: Excuse me, you say wait a minute. I can tell you that had the submission that you asked for was finally filled. There would have been just as many people at this meeting. The reason that this room is not packed with residents from Paradise Point. Because I told them there were no new submission because when I visited the office at 4 o'clock yesterday afternoon. So these people have the right to see what this Board is acting on. TRUSTEE FOSTER: Do you want to call them up now -Jim? JAMES SPIIESS: The applicant waiting until the last minute should not work to work our prejudice. CATHERINE MESlANO: I was told to submit this at the next hearing. That is what I have done. TRUSTEE DICKERSON: My only comment with that comment is that what was brought tonight is what we originally discussed. JAMES SPIESS: But they do not know that. TRUSTEE DICKERSON: I think they do. 58 September 25, 2002 Board of Trustees Public Meeting Minutes TRUSTEE KRUPSKI: They do we went over it. The only changes at the meeting were to correct that. CATHERINE MESIANO: That point was made. JAMES SPIESS: So you are saying that the new plan is the same as the one that is dated August 15th, CATHERINE MESIANO: Except for the low fifty-two foot bulkhead. This was the wrong jetty and it moved. ERIC BRESSLER: Everybody knew at the last meeting. It was on the record what the problem was everybody saw it. JAMES SPIESS: I did not know and I was there. ERIC BRESSLER: You were shown. CATHERINE MESIANO It was discussed. JAMES SPIESS: I was told that the bulkhead had to be moved. Nobody in particular showed which bulkhead moving from what location and I was the one up here with you people looking at it at the time. So all of those other people TRUSTEE KRUPSKh I picked it out. Cathy made a mistake on this location. CATHERINE MESIANO: That is correct JAMES SPIESS: All those people who had the history and the knowledge here. I do not I have only been in this Town since 1983. A lot of history goes back long before that. They would like to see this. That is the purpose of the public hearing to allow the public to comment on the submission. CATHERINE MESIANO: We believe that we have right to protect the property. TRUSTEE KRUPSKI: What date survey are you referring to. JAMES SPIESS: The one that I had is date stamped receipt by your office August 15th, 2002 and the new one doesn't have it. CATHERINE MESIANO: The one that would have been stamped the 15th probably 6/29 and that was amended 8/21 TRUSTEE KRUPSKI: Can I please see that survey that you are referring to? I am sorry I think that I have it. CATHERINE MESIANO: The survey does not have all of the technical data onit. TRUSTEE TRUSTEE TRUSTEE TRUSTEE TRUSTEE putonit. TRUSTEE KRUPSKI: Thank you. Somebody close the hearing. DICKERSON: I will make a Motion to Close the Hearing. KING: Seconded. KRUPSKI: All in favor. ALL AYES FOSTER: You better make a list of the conditions that you want to KRUPSKI: There is the dock, you start it. TRUSTEE DICKERSON: I will make a Motion to Approve the Wetland Permit for a single family dwelling, porch and patio, on site sewage disposal system. TRUSTEE KRUPSKI: Based on what plan? TRUSTEE DICKERSON: Free form in ground pool, pervious driveway, replace approximately 520' bulkhead. 59 September 25, 2002 Board of Trustees Public Meeting Minutes CATHERINE MESIANO: Five hundred twenty feet is an accumulative number and it is the total of the existing bulkhead along the Bay. TRUSTEE KRUPSKI: That is not one hundred forty? I just scaled it. CATHERINE MESIANO: Wait a minute there is 134 I added the number off the survey. TRUSTEEE KRUPSKI: It actually 310 feet here plus 175 feet. CATHERINE MESIANO: The Iow sill is new. It is 52 feet of Iow sill. I added this number. TRUSTEE KRUPSKI: Only the existing bulkhead not the pier. TRUSTEE DICKERSON: Therefore amended to 490 feet of bulkhead Install approximately 95 feet of new bulkhead for erosion control. TRUSTEE KRUPSKI: No that is gone. CATHERINE MESIANO: So your calculations state 495. TRUSTEE FOSTER: Does that fence prevent you people from getting to your docks? CAHERINE MESIANO: Because that request was prior to the inspection and the determination was made for the Iow sill. TRUSTEE KRUPSKI: The fence is constructed? JAMES SPIESS: Yes. CATHERINE MESIANO: The ninety five is now the 52 feet of Iow sill Iow profile Iow sill bulkhead that connects to. This is clearly detected on the 8/31 amendments. Then you have this little section here with a deteriorating bulkhead at the site inspection was discussed. To take that out because there is so much wash out. TRUSTEE KRUPSKh Take it out then. TRUSTEE DICKERSON: Install 52-foot Iow sill bulkhead. CATHERINE MESIANO: Install four-foot wide steps would be the easterly edge the northeasterly edge. TRUSTEE DICKERSON: So the steps from bulkhead to beach. No installation for 137' Iow profile timber retaining wall TRUSTE KING: The 137' get deleted. CATHERINE MESIANO: We will take out the 6th, 7th, and we are going with the 8th because we have to re-vegetate the Iow profile wall. TRUSTEE KRUPSKh There is no profile wall. CATHERINE MESIANO: I am sorry. TRUSTEE KRUPSKI: There is no Iow profile wall. TRUSTEE DICKERSON: You are saying the plant area behind. TRUSTEE KRUPSKh No it says seaward. You would not plant seaward of it. CATHERINE MESIANO: Landward I will correct that - that is what I said. TRUSTEE KRUPSKh It says spartina alternflora 18" on center. TRUSTEE KING: Re-vegetate approximately 620.-re-vegetate section of buffer area not including the jetty. TRUSTEE KRUPSKh Not including the jetty. CATHERINE MESIANO: That re-vegetation is shown on that most recent amended sea level map. If you note the distance between the planting schedules and that related to these items in here. 60 September 25, 2002 Board of Trustees Public Meeting Minutes TRUSTEE KRUPSKh So we are going to leave the driveway alone then. TRUSTEE DICKERSON: Do you want to add conditions Artie. TRUSTEE FOSTER: That the ownership of the jetty be resolved. We are going to approve this but no permit will be issued until conditions are met - right. TRUSTEE DICKERSON: Right. TRUSTEE FOSTER That the jetty ownership be resolved. That Mrs. Zupa's dock application be withdrawn, and that he withdraw that request for the dock removal for the POA Docks and the right-a-way prescribed easement situation has to be resolved - reverse the ZBA determination of it being an unbuildaDle lot - CATHERINE MESlANO: Call ZBA approval. TRUSTEE KRUPSKh We need a plan reflecting all that. That is the easy part. TRUSTEE KING: What about the Ownership of the Basin. Have we gotten any real concrete? TRUSTEE KRUPSKh We own it. TRUSTEE KING: We own it. JAMES SPIESS: That is going to be disputed. TRUSTEE FOSTER: But there is going to have to be some kind of a deeded easement for those people to get to their boats. CATHERINE MESlANO: There is a deeded easement. No body is disputing the existence of an easement for access to the basin. TRUSTEE KRUPSKh No access to the jetty I believe the problem. TRUSTEE DICKERSON: Do I hear a seconded? TRUSTEE FOSTER: Seconded. TRUSTEE DICKERSON: All in favor. ALL AYES JAMES SPIESS: Can I just ask you to go over the ten items? That was listed in the application. You went through and crossed out certain ones and you approved certain ones. Could you review for me which ones were approved? ,Just the numbers. TRUSTEE DICKERSON: I have single-family dwelling, porch and patio, on site sewage disposal system pool pervious driveway - replace of 495 feet of bulkhead and 52 feet Iow sill bulkhead - four-foot wide steps - JAMES SPIESS: I thought the steps were not approved? TRUSTEE DICKERSON: Because they are on the Bay. CATHERINE MESlANO: Yes on the Bay. TRUSTEE KRUPSKh Yes they are approved. JAMES SPIESS: You are going to put up 137 feet of Iow profile? TRUSTEE KRUPSKh No JAMES SPIESS: Stone retaining wall? TRUTEE KRUPSKh That is out. JAMES SPIESS: The wood dock into the basin is out? TRUSTEE KRUPSKh Yes JAMES SPIESS: The re-vegetation of 640 square feet landward. TRUSTEE KRUPSKh That is good. JAMES SPIESS: The buffer area? Revegetation of sections of the buffer? dl September 25, 2002 Board of Trustees Public Meeting Minutes TRUSTEE KRUPSKh That is good. JAMES SPIESS: The application for the docks has been withdrawn. TRUSTEE DICKERSON: Yes TRUSTEE KRUPSKI: Do we have hay bales? I am sorry we have to add drywells and gutters to the house. Drywell for the backwash of the pool - Add hay bales at the buffer area prior to construction and during construction. I hope that tape is running Charlotte. CHARLOTTE CUNNINGHAM: Oh I hope so JAMES SPIESS: No permit is issued until all the conditions are met. CATHERINE MESlANO: There is only one area that we need to discuss and that is with respect to protecting the property and the bulkhead and it self. We have a deteriorating bulkhead and if this is drawn out for a fact in litigation. The property is deteriating and the bulkhead is deteriorating I think we need to be able to protect the property. TRUSTEE KRUPSKh Absolutely. TRUSTEE POLIWODA: We will come down to determine. CATHERINE MESlANO: An Emergency Permit but we do not want to loose it. TRUSTEE KRUPSKI: We do not have a problem maintaining the bulkhead on the bay. CATHERINE MESlANO: We met you last week - sometimes you cannot call - but that a thousand feet of material and seventy two feet of bulkhead and there was no time to make a phone call. So we want to be able to protect the property and act pro-actively and not re-actively. TRUSTEE KRUPSKh We do not have an issue on it. CATHERINE MESlANO: So you would agree than to issue a bulkhead portion of the permit. TRUTEE KRUPSKh We will agree to allow the existing bulkhead to be maintained. CATHERINE MESlANO: What about the Iow profile Iow sill bulkhead? TRUSTEE KRUPSKh I am not inclined to. CATHERINE MESlANO: Just asking to clarify. We want to be able to protect the property. TRUSTEE KRUPSKh Maintain the existing bulkhead. CATHERINE MESlANO: We want to be able to do that. Because it is deteriorating. TRUSTEE KRUPSKh I also need a work plan because the bulkhead is at the edge of the non-disturbance buffer- any work which was proposed in that area we will need a work plan on how the work would be conducted without disturbing the buffer. Got that all Charlotte! CHARLOTTE CUNNINGHAM: I got it all. CATHERINE MESlANO: Bless you. TRUSTEE KRUPSKI: Who made the Motion?- Peggy TRUSTEE DICKERSON: I did TRUSTEE KRUPSKh Was it seconded? TRUSTEE DICKERSON: It all has been seconded. 62 September 25, 2002 Board of Trustees Public Meeting Minutes TRUSTEE POLIWODA: I will make a Motion to get out of the Public Hearing. TRUSTEE KRUPSKh All in favor. ALL AYES ERIC BRESSLER: Mr. President while we certainly appreciate your attempts to accommodate. Let me just state for the record that we do object to any other conditions other than you obtaining. Of all of the necessary permits. In order to get any of the portion of the work done. To the extent that any of the conditions are dependent on things other than that. Like resolutions of certain law suit which might not otherwise prevent us from getting permits. We object to that. TRUSTEE POLIWODh That is not environmental. ERIC BRESSLER: One of the things that Trustee Foster said was that the condition that all of the litigation on the title be resolved and we object to that. We otherwise get permits. We think that we should be able to come back to you and say that we have all of our permits. TRUSTEE KRUPSKh No you cannot. We cannot issue a permit if the title is not resolved - like on that Jetty. ERIC BRESSLER: If we have permits from every other agency for the work that we want to do. Then it is encumbered upon Mr. Spiess to do whatever He thinks is necessary to stop us from doing what we are doing. TRUSTEE KRUPSKI: No I do not think you understand me. The jetty specifically. ERIC BRESSLER: Well that is something separate. TRUSTEE KRUPSKh But it has to be. You can get permits for everything else to do whatever else you want. We cannot issue a permit say for Mr. Zupa to do work or anybody to do work on the jetty unless that they can prove ownership. ERIC BRESSLER: Was that the intention of what was said then. TRUSTEE FOSTER: It is part of it. I have a concern about the docks. ERIC BRESSLER: A side from the docks and the jetty and forget all of our other permits. You are good with the house point. I just want to understand it. TRUSTEE FOSTER: I do not think the house per say individually is not an issue. Environmentally it meets our entire requirement. ERIX BRESSLER: Okay- so if there is a dispute about the jetty and then we come to you with all the permits for the rest of the stuff. In fact that we are plan~ning four and half years down the road over the jetty. It is not going to be (cannot understand) Anything other than working on the jetty. TRUSTEE KRUPSKh We could not allow you to work on the jetty. CATHERINE MESIANO: As of another matters one can not be allowed to work on a piece of property without the owner's express consent. 63 September 25, 2002 Board of Trustees Public Meeting Minutes TRUSTEE POLIWODA: We never resolved it. He can go up to where the jetty portion is and put a retaining wall in there to protect his property. The jetty might fall into the Ocean. ERIC BRESSLER: I just want to make sure that we have an understanding. presume that we will see this in writing after you have had an opportunity. TRUSTEE KRUPSKh We are not done yet. We have other business. V. RESOLUTIONS: Catherine Mesiano on behalf of JACQUELINE BITTNER for Emergency Permit to repair 72 bulkheads washed out and along with 1000 cubic yards of material from behind the bulkhead. Additional 24 feet of bulkhead raised/damaged minor damage 20 feet bulkhead at the seaward end easterly return wash out occurring behind the westerly end of 55-foot section of bulkhead. Bulkhead located approximately 64 feet seaward (north) of existing dwelling. Which distance reduced to approximately 17 feet as a result of the erosion of the bluff due to the damage to the bulkhead? Propose to install a +/- 110 wall of fitted concrete rubble and/or natural rock a top filter stop filter fabric approximately 300 cubic yards of clean fill along the inside radius of the deteriorating bluff proposed wall will be 5-6' above the existing grade and 2-3' below the existing grade. Located: 4305 Soundview Avenue, Southold, NY SCTM#68-1-17,1 TRUSTEE KRUPSKh moved to Approve we approved this in the field basically signed it the other day. CATHERINE MESIANO: We appreciate that. TRUSTEE KRUPSKI: Has the work been done?. CATHERINE MESIANO: It was started today TRUSTEE KRUPSKI: Excellent CATHERINE MESIANO: We did receive the DEC permit about five o'clock Friday night and we are mobilized and the truck with the rocks on it broke down. So the rocks are in route. We appreciate everything you did. TRUSTEE FOSTER: Seconded. ALL AYES 64 September 25, 2002 Board of Trustees Public Meeting Minutes There being no further business to come before the Board the meeting was adjourned at 1:10 a.m. Respectfully submitted by: Charlotte J. Cunningham, (~lerk Board of Trustees 65