HomeMy WebLinkAboutTR-11/14/2018 Michael J.Domino,President *QF SU!/r�o Town Hall Annex
John M.Bredemeyer III,Vice-President h0 �� 54375 Route 25
P.O. Box 1179
Glenn Goldsmith
Southold, New York 11971
A.Nicholas Krupski r/'
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Greg Williams �Ol� �� Fax(631) 765-6641
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BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
RECEIVED
Minutes �% (�( 18(ii3;35p,�
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Wednesday, November 14, 2018
5:30 PM Town Clerk
Present Were: Michael J. Domino, President
John M. Bredemeyer, Vice-President
A. Nicholas Krupski, Trustee
Greg Williams, Trustee
Elizabeth Cantrell, Senior Clerk Typist
Damon Hagan, Assistant Town Attorney
CALL MEETING TO ORDER
PLEDGE OF ALLEGIANCE
NEXT FIELD INSPECTION: Wednesday, December 5, 2018 at 8:00 AM
NEXT TRUSTEE MEETING: Wednesday, December 12, 2018 at 5:30 PM
at the main meeting hall
WORKSESSION: Monday, December 10, 2018, a 4:30 PM at the Town Hall Annex
2nd Floor Board Room, and on Wednesday, December 12, 2018
at 5:00 PM a the Main Meeting Hall
APPROVE MINUTES: Approve Minutes of October 17, 2018
TRUSTEE DOMINO: Good evening, and welcome to our Wednesday,
November 14th, 2018, regularly scheduled meeting. At this time
I would like to call the meeting to order and ask that you stand
for the pledge.
(Pledge of Allegiance).
I would like to recognize the people on the dais. To my
left is Trustee John Bredemeyer and Trustee Greg Williams. Tonight
Trustee Nick Krupski is at the Suffolk County Aquaculture Lease
meeting and will be joining us as soon as he can. To my right we
have Assistant Town Attorney Damon Hagan and Senior Clerk Typist
Elizabeth Cantrell, whom I would like to thank for doing a very
good job on the trying conditions of getting our agenda done
today. Also tonight we have Court Stenographer Wayne Galante and
Conservation Advisory Council member John Stein.
Agendas are located on the podium and also out in the hall.
Board of Trustees 2 November 14, 2018
I'll announce the postponements at this time. Postponements
on page nine of the agenda, we have number three Martin
Finnegan, Esq. on behalf of RICHARD & PAMELA HEUS requests a
Transfer of Wetland Permit#382 from Donielle Cardinale McKinnon
to Richard & Pamela Heus, as issued on October 3, 1966, and
Amended on March 23, 2000; with the condition that any
replacement of float must comply with standard 6'x20' size.
Located: 615 South Drive, Mattituck. SCTM# 1000-106-11-22, has
been postponed at the applicant's request.
On page 13, we have we have number eight Bulkhead Permits
by Gary, Inc. on behalf of HARRY BASHIAN & HAYKUHI BASHIAN
requests a Wetland Permit and a Coastal Erosion Permit to
replace all existing 41' long, 41.5' long and 61.5' long navy
bulkheading in-place with new navy bulkheading using vinyl
sheathing; along the 61.5' long bulkhead section, install (1)
one 61.5' row of toe armor stone using a minimum of>18"x18"x18"
and (1) one ton stones with geotextile filter fabric placed
underneath; replace existing 12'x26.4', 12'x26.4' and
15.5'x61.5' sections of"U" shaped decking with new decking
in-place using untreated lumber and supported by 30 new 10"x20'
pressure treated timber piles; under the 120'x61.5' deck area
add approximately 125 cubic yards of clean beach sand backfill
from an authorized upland source; and for the existing
26.4'x36.3' two-story dwelling.
Located: 58425 North Road, Greenport. SCTM# 1000-44-2-15 has been postponed.
And number nine, Docko, Inc. on behalf of DONALD W. YOUNG
REV. TRUST & KELLY C. YOUNG REV. TRUST requests a Wetland Permit
and a Coastal Erosion Permit to construct a ±160 linear foot
long by 4 foot wide fixed wood pile and timber pier including
railings on both sides, water, and electrical utilities of which
±132 linear feet of the pier to be waterward of the Apparent
High Water Line; install an 8'x20' floating dock supported by
four(4) piles with associated 3.5'x24' hinged access ramp off
of seaward most end of fixed pier; and install three tie-off piles.
Located: Off East End Road, Fishers Island. SCTM# 1000-3-2-2, has been postponed.
And on page 18, we have numbers 18 through 22. All
postponed. They are listed as follows:
Number 18, PAUL & SUSAN WACHTER request a Wetland Permit
for a Ten-Year Maintenance Permit to trim the Phragmites and
removal; and to install and perpetually maintain a 30' wide
non-disturbance buffer along the landward edge of the beach.
Located: 2295 Bay Shore Road, Greenport. SCTM# 1000-53-4-15
Number 19, Jeffrey Patanjo on behalf of THOMAS V. PERILLO,
JR. & CHRISTOPHER PERILLO requests a Wetland Permit to remove
the existing block wall and install 100 linear feet of rock
revetment consisting of 4-5 ton lower course stone and 2-3 ton
upper course stone placed in an interlocking manner, landward of
the Mean High Water line; and to install and perpetually
maintain a 10' wide non-turf buffer along the landward edge of
the rock revetment.
Located: 1400 Great Peconic Bay Boulevard, Laurel. SCTM# 1000-145-2-17.4
Board of Trustees 3 November 14, 2018
Number 20, Cole Environmental Services, Inc. on behalf of
SALLY COONAN requests a Wetland Permit to construct a 4' high by
15' long timber retaining wall with a 10' easterly return and a
12' westerly return; the top or filled area of the retaining
wall to be vegetated with native beach grass and other salt
tolerant coastal plant species; create a 6" earthen berm along
the landward edge of the property scarp; add two (2) 4' wide by
6' deep dry wells to collect surface and roof runoff from
dwelling and patio interconnected to a 4'x24' French Drain; add
two (2) 8'x12' deep storm drains in the middle of the property
to contain runoff emanating from adjacent properties; install 6"
to 8" earthen berm within property lines and install three (3)
8'x12' interconnected storm drains with drains to be installed
slightly below grade; and install a 2'x16'trench drain at the entry
point of storm water coming from the road and surrounding properties.
Located: 2662 Paradise Shores Road, Southold. SCTM# 1000-80-1-4
Number 21, LAZARUS ALEXANDROU requests a Wetland Permit to
construct a 16'x32' gunite swimming pool in the side yard with a
cartridge system and a pool drywell, all landward of existing
non-turf buffer; construct an 18" high by 65' long retaining wall; and
construct a 700sq.ft. on-grade permeable patio seaward of pool.
Located: 2700 Sound Drive, Greenport. SCTM# 1000-33-1-11
Number 22, Costello Marine Contracting Corp. on behalf of
ALISON BYERS requests a Wetland Permit to construct 400' of low
profile rock revetment on west beach area to match previously
installed 230' section; fill void areas landward with excavated
materials; regrade areas and revegetate with Cape American beach
grass; remove 155' of existing rock revetment on south beach
area and reconstruct in new configuration west of present
location; construct 22' of new vinyl bulkhead as a continuation
of existing sheet steel bulkhead's south return; fill void area
landward and regrade as needed; construct beach access stairs
consisting of landward ±3' wide by 4' long sections of terracing
steps leading down to a set of±3'x10' steps with handrails to
bottom of bluff; construct±3'x3'4" steps with handrails off
bulkhead to beach; and to mulch balance of walkway to top of bluff.
Located: 1033 Nassau Point Road, Cutchogue. SCTM# 1000-119-1-14.1 & 14.2
So if you are here for one of those, you can leave right now.
I'll announce under Town Code Chapter 275-8(c), files were
officially closed seven days ago and submission of paperwork
after that time may result in a delay of the processing of the application.
At this time I'll entertain a motion to have our next field
inspection Wednesday, December 5th, 8:00 AM at the Town Annex.
TRUSTEE BREDEMEYER: So moved.
TRUSTEE DOMINO: Second?
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE DOMINO: I'll entertain a motion to hold the next Trustee
meeting at 5:30, Wednesday, December 12th, at the main meeting hall.
Board of Trustees 4 November 14, 2018
TRUSTEE BREDEMEYER: So moved.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE DOMINO: I would like to make a motion to hold the next
work session at the Town Annex boardroom on the second floor, on
December 10th, at 4:30 PM, and at 5:00 PM, December 12th here at
the main meeting hall.
TRUSTEE BREDEMEYER: So moved.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE DOMINO: At this time I'll entertain a motion to approve
the Minutes of October 17th, 2018 meeting.
TRUSTEE BREDEMEYER: Move to approve.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
I. MONTHLY REPORT:
The Trustees monthly report for October 2018. A check for
$16,294.20 was forwarded to the Supervisor's Office for the
General Fund.
II. PUBLIC NOTICES:
Public Notices are posted on the Town Clerk's Bulletin Board for
review.
III. STATE ENVIRONMENTAL QUALITY REVIEWS:
RESOLVED that the Board of Trustees of the Town of Southold hereby finds that the
following applications more fully described in Section VIII Public Hearings Section of the
Trustee agenda dated Wednesday, November 14, 2018, are classified as Type II
Actions pursuant to SEQRA Rules and Regulations, and are not subject to further review
under SEQRA:
Stritzler Family Trust SCTM# 1000-94-1-8
Fishers Island Ferry District, c/o Geb Cook, General Manager SCTM# 1000-12-1-10
Elsa Rivers Living Trust SCTM# 1000-10-9-15.4
KVT1, LLC SCTM# 1000-12-2-6.15
Theodore & Elena Ermogenous, Nicholas &Anna Karacostas, Andreas & Soteroulla
Karacostas, c/o Theo Ermogenous SCTM# 1000-135-1-2
Joan O'Leary SCTM# 1000-144-5-14
Christian & Carol Zimmer SCTM# 1000-118-4-3
Janice Flaherty SCTM# 1000-21-5-8
Peter& Elaine Psyllos SCTM# 1000-105-2-1
Joseph & Maureen Coogan SCTM# 1000-70-4-48
Board of Trustees 5 November 14, 2018
Brian Parker& Sheri Winter Clarry SCTM# 1000-78-5-14
David Rohde &Anthony Crowell SCTM# 1000-79-4-6.1
Jeffrey & Samantha Heidtmann SCTM# 1000-71-2-25
Pasquale & Emily lannucci SCTM# 1000-71-2-27
Karla Saladino SCTM# 1000-79-4-5
Forosich Family Irrevocable Trust SCTM# 1000-79-4-4.1
Leah Zara & Richard Kasnia SCTM# 1000-79-4-8.1
Lazarus Alexandrou SCTM# 1000-33-1-11
TRUSTEE BREDEMEYER: So moved
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE DOMINO: RESOLVED that the Board of Trustees of the Town
of Southold hereby finds that the following applications more
fully described in Section VIII Public Hearings Section of the
Trustee agenda dated Wednesday, November 14, 2018, are
classified as Unlisted Actions pursuant to SEQRA Rules and
Regulations:
Michael Giacone SCTM# 1000-123-8-28.1
Susan R. Worth SCTM# 1000-14-2-3.8
Robert & Eithne Piscioneri SCTM# 1000-135-1-9
Barbara Hazard SCTM# 1000-103-2-1.2
Thomas V. Perillo, Jr. & Christopher Perillo SCTM#
1000-145-2-17.4
TRUSTEE BREDEMEYER: So moved
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
IV. ENVIRONMENTAL DECLARATION OF SIGNIFICANCE PURSUANT TO NEW
YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT NYCCR PART 617:
TRUSTEE DOMINO: Under Roman numeral IV, Environmental Declaration of
Significance pursuant to New York State Environmental Quality Review Act NYCCR Part
17.
TRUSTEE BREDEMEYER: Number one, DESCRIPTION OF ACTION: Costello
Marine Contracting Corp. on behalf of SUSAN R. WORTH requests a
Wetland Permit and a Coastal Erosion Permit to construct 350' of
1.5 to 3 ton rock and 12"x16" coir log revetment at base of
bluff; replace excavated material for rock portion as leveling
fill in any low areas in front and rear of revetment.
Located: 2460 Grand View Drive, Orient. Located: 1000-14-2-3.8
S.E.Q.R.A. NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE:
WHEREAS, on November 9, 2018 the Southold Town Board of Trustees found the
application of SUSAN R. WORTH to be an Unlisted Action Negative Decision pursuant
to SEQRA Rules and Regulations. A Short Environmental Assessment Form and a field
Board of Trustees 6 November 14, 2018
inspection have been completed by the Board of Trustees; and it is hereby determined
that it will not have a significant effect on the environment, and;
WHEREAS, the Southold Trustees are familiar with this project having visited the site on
November 7, 2018 and having considered Costello Marine Contracting Corp. Plans for
this project last dated August 23, 2018 showing the proposed rock and coir log
revetment, and filling in void areas in front of and rear of revetment, and;
WHEREAS, in reviewing the project plans dated August 23, 2018, it has been
determined by the Southold Town Board of Trustees that all potentially significant
environmental concerns have been addressed as noted herein:
• No existing rocks or boulders are to be utilized, moved, or relocated on the
beach.
• Access to the site for construction will be by land only.
• Vegetative, non-structural measures are not capable of stabilizing the erosion of
the bluff alone.
• Protection of the toe of bluff using hardened structures including rock revetments
and coir logs is necessary.
• As time progresses, continued soil loss at the toe of the bluff may lead to
• complete loss of bluff stability.
• A site inspection by the Southold Town Board of Trustees recognized the site to
• be a high energy environment in need of a bluff stabilization/erosion control plan.
THEREFORE, on account of the foregoing, the Southold Town Board of Trustees
Approve and Authorize the preparation of a Notice of Negative Declaration pursuant to
SEQRA for the aforementioned project. Reading Roman numeral IV.
Located: 2460 Grand View Drive, Orient. Located 1000-14-2-3. 8
That's my motion.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: For point of clarity, I'm wondering, is
access also going to be by water?
MR. COSTELLO: Yes. On the plans, and that's the way it was
addressed and the application was made.
TRUSTEE BREDEMEYER: I withdraw my motion. We need to amend
that. The determination had access by land only. Which it is
capable of access by water for SEQRA determination. It doesn't
effect the impact.
So I move to withdraw my motion.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: I move to amend the environmental
declaration as heretofore read, and to strike that access will
be by land only. Access will be through a combination of land
and water access. That's my motion to amend.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: I make a motion to approve resolution number
Board of Trustees 7 November 14, 2018
one, Costello Marine, as amended.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE WILLIAMS: Number two, DESCRIPTION OF ACTION: Jeffrey
Patanjo on behalf of ROBERT & EITHNE PISCIONERI for a Wetland
Permit and a Coastal Erosion Permit to install 70 linear feet of
proposed rock revetment along pre-storm damaged shoreline;
proposed revetment to consist of 4-5 ton lower course, and 2-3
ton upper courses placed in an interlocking pattern placed with
an excavator; upon completion of revetment install approximately
350 cubic yards of clean sand fill from upland sources landward
of proposed revetment with an approximate size of 20' long by
50' wide and 8' deep; replace storm damaged storm drain pipe in
its' pre-storm location and coordinate with Town of Southold
Engineering Department requirements; all work to be completed
landward of the Mean High Water line.
Located: 21865 Soundview Avenue, Southold. SCTM# 1000-135-1-9
S.E.Q.R.A. NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE:
WHEREAS, on November 9, 2018 the Southold Town Board of Trustees found the
application of ROBERT & EITHNE PISCIONERI to be an Unlisted Action Negative
Decision pursuant to SEQRA Rules and Regulations. A Short Environmental
Assessment Form and a field inspection have been completed by the Board of Trustees;
and it is hereby determined that it will not have a significant effect on the environment,
and;
WHEREAS, the Southold Trustees are familiar with this project having visited the site on
October 10, 2018 and again on November 7, 2018 and having considered Jeffrey
Patanjo plans for this project last dated September 18, 2018 showing the proposed
revetment, and filling in void area landward of revetment, and the Kenneth M. Woychuk
Land Surveyor survey last dated September 18, 2018, and;
WHEREAS, in reviewing the project plans last dated September 18, 2018, it has been
determined by the Southold Town Board of Trustees that all potentially significant
environmental concerns have been addressed as noted herein:
• No existing rocks or boulders are to be utilized, moved, or relocated on the
beach.
• Access to the site for construction will be by land only.
• Vegetative, non-structural measures are not capable of stabilizing the erosion of
• the bluff alone.
• Protection of the toe of bluff using hardened structures including a rock
revetment is necessary.
• As time progresses, continued soil loss at the toe of the bluff may lead to
complete loss of bluff stability.
• A site inspection by the Southold Town Board of Trustees recognized severe
erosion on this property and recognized the need for an erosion control plan.
THEREFORE, on account of the foregoing, the Southold Town Board of Trustees
Approve and Authorize the preparation of a Notice of Negative Declaration pursuant to
SEQRA for the aforementioned project.
Board of Trustees 8 November 14, 2018
TRUSTEE WILLIAMS: That is my motion.
TRUSTEE BREDEMEYER: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: Number three, DESCRIPTION OF ACTION: Jeffrey
Patanjo on behalf of BRIAN PARKER & SHERI WINTER CLARRY requests
a Wetland Permit to remove existing timber bulkhead and
construct approximately 15' landward of existing 101 linear feet
of new vinyl bulkheading with a 6' wide by ±95' long and 6' wide
by t15' long non-treated lumber decking along the landward edges
of the new bulkheading; remove approximately 125 cubic yards of
fill from the landward side of exiting bulkhead in order to
construct new more landward bulkheading; install a 5'x5'
cantilevered platform; a 30"x14' aluminum ramp; and a 6'x20'
floating dock secured by two (2) 10" diameter piles; and to
install and perpetually maintain a 10'wide non-turf buffer
which is inclusive of the decking along the landward edges of
the bulkhead.
Located: 225 Williamsburg Drive, Southold. SCTM# 1000-78-5-14
S.E.Q.R.A. NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE:
WHEREAS, on November 9, 2018 the Southold Town Board of Trustees found the
application of BRIAN PARKER & SHERI WINTER CLARRY to be an Unlisted Action
Negative Decision pursuant to SEQRA Rules and Regulations. A Short Environmental
Assessment Form and a field inspection have been completed by the Board of Trustees;
and it is hereby determined that it will not have a significant effect on the environment,
and;
WHEREAS, the Southold Trustees are familiar with this project having visited the site on
November 7, 2018 and having considered Jeffrey Patanjo plans for this project last
dated October 23, 2018 showing the proposed bulkhead, dock and water depths, a
Kenneth M. Woychuk, Land Surveyor survey last dated January 16, 2018, and a John
Gerd Heidecker, Land Surveyor bathymetric survey dated October 19, 2018, and;
WHEREAS, in reviewing the project plans last dated October 23, 2018, and water
depths on the bathymetric survey dated October 19, 2018, it has been determined by
the Southold Town Board of Trustees that all potentially significant environmental
concerns have been addressed as noted herein:
• Navigation: The proposed dock meets standards and does not extend beyond
1/3 across the water body. Depths for the dock terminus are within Town
Trustees, New York State Department of Environmental Conservation, and
United States Army Corps.of Engineers guidelines and there is no recognized
Federal/New York State/Town navigation channel in the immediate vicinity of the
proposed structure.
• Scope: The proposed dock is comparable to docks on neighboring properties in
an area where docks historically are used for commercial and recreational
purposes.
• Toxicity: The proposed dock decking shall be constructed entirely of non-toxic
materials.
• Scope in relation to the riparian rights of shellfishers: The plan allows a standard
Board of Trustees 9 November 14, 2018
ramp to float design that will not impede access for small vessels at low tide,
and those seeking shellfish and crustacea on foot in season.
• Scope in relation to view sheds: The seaward end of the proposed dock lies
landward of all existing docks that frame the view shed. As such the perspective
will not be discernibly different from the existing view.
• Environmental upkeep: The dock design projects a lifespan of 30 years, and with
limited pile replacement minimizes bottom disturbance.
THEREFORE, on account of the foregoing, the Southold Town Board of Trustees
Approve and Authorize the preparation of a Notice of Negative Declaration pursuant to
SEQRA for the aforementioned project.
TRUSTEE BREDEMEYER: That's my motion.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE DOMINO: Number four, DESCRIPTION OF ACTION: Jeffrey
Patanjo on behalf of BARBARA HAZARD requests a Wetland Permit to
install a 4'x70' fixed dock using thru-flow decking and
supported with 8" diameter piles; install a 30"x16' aluminum
ramp; install a 6'x20' floating dock using un-treated decking,
supported by four (4) 10" diameter piles, and the use of
cross-braces to support the floating dock a minimum of 30" off
bottom at all times; clear and establish a 4' wide by 125' long
pedestrian path that leads to the proposed docking facility; and
to perform limited tree limbing within the 100' buffer area, and
as per covenants and restrictions established on the property.
Located: 1575 Harbor Lane, Cutchogue. SCTM# 1000-103-2-1.2
S.E.Q.R.A. NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE:
WHEREAS, on November 9, 2018 the Southold Town Board of Trustees found the
application of BARBARA HAZARD to be an Unlisted Action Negative Decision pursuant
to SEQRA Rules and Regulations. A Short Environmental Assessment Form and a field
inspection have been completed by the Board of Trustees; and it is hereby determined
that it will not have a significant effect on the environment, and;
WHEREAS, the Southold Trustees are familiar with this project having visited the site on
November 7, 2018 and having considered Jeffrey Patanjo plans for this project last
dated October 11, 2018 showing the proposed dock and water depths, a Nathan T.
Corwin III, Land Surveyor survey last dated July 23, 2018, and a John Gerd Heidecker,
Land Surveyor bathymetric survey dated July 2, 2018, and;
WHEREAS, in reviewing the project plans last dated October 11, 2018, and water
depths on the bathymetric survey dated July 2, 2018, it has been determined by the
Southold Town Board of Trustees that all potentially significant environmental concerns
have been addressed as noted herein:
• Navigation: The proposed dock meets standards and does not extend beyond
1/3 across the water body. Depths for the dock terminus are within Town
Trustees, New York State Department of Environmental Conservation, and
United States Army Corps. of Engineers guidelines and there is no recognized
Federal/New York State/Town navigation channel in the immediate vicinity of the
proposed structure.
Board of Trustees 10 November 14, 2018
• Scope: The proposed dock is comparable to docks on neighboring properties in
an area where docks historically are used for commercial and recreational
purposes.
• Toxicity: The proposed dock decking shall be constructed entirely of non-toxic
materials.
• Scope in relation to the riparian rights of shellfishers: The plan allows a standard
ramp to float design that will not impede access for small vessels at low tide, and
those seeking shellfish and crustacea on foot in season.
• Scope in relation to the rights of small human powered water craft to navigate the
waters adjacent to the proposed structures: At low tide a kayak might be able to
paddle around this proposed structure as it projects only 53 feet into the
waterbody.
• Scope in relation to view sheds: The seaward end of the proposed dock lies
landward of all existing docks that frame the view shed. As such the perspective
will not be discernibly different from the existing view.
• Environmental upkeep: The dock design projects a lifespan of 30 years, and with
limited pile replacement minimizes bottom disturbance.
THEREFORE, on account of the foregoing, the Southold Town Board of Trustees
Approve and Authorize the preparation of a Notice of Negative Declaration pursuant to
SEQRA for the aforementioned project.
TRUSTEE DOMINO: That's my motion
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE WILLIAMS: Number five, DESCRIPTION OF ACTION: Jeffrey
Patanjo on behalf of THOMAS V. PERILLO, JR. & CHRISTOPHER
PERILLO requests a Wetland Permit to remove the existing block
wall and install 100 linear feet of rock revetment consisting of
4-5 ton lower course stone and 2-3 ton upper course stone placed
in an interlocking manner, landward of the Mean High Water line;
and to install and perpetually maintain a 10' wide non-turf
buffer along the landward edge of the rock revetment.
Located: 1400 Great Peconic Bay Boulevard, Laurel. SCTM# 1000-145-2-17.4
S.E.Q.R.A. NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE:
WHEREAS, on November 9, 2018 the Southold Town Board of Trustees found the
application of THOMAS V. PERILLO, JR. & CHRISTOPHER PERILLO to be an
Unlisted Action Negative Decision pursuant to SEQRA Rules and Regulations. A Short
Environmental Assessment Form and a field inspection have been completed by the
Board of Trustees; and it is hereby determined that it will not have a significant effect on
the environment, and;
WHEREAS, the Southold Trustees are familiar with this project having visited the site on
November 7, 2018 and having considered Jeffrey Patanjo plans for this project last
dated August 7, 2018 showing the proposed revetment and bluff stabilization, and a
Alden W. Young, Land Surveyor survey last dated September 20, 1979, and;
WHEREAS, in reviewing the project plans last dated August 7, 2018, it has been
determined by the Southold Town Board of Trustees that all potentially significant
environmental concerns have been addressed as noted herein:
Board of Trustees 11 November 14, 2018
• No existing rocks or boulders are to be utilized, moved, or relocated on the
beach.
• Access to the site for construction will be by land only.
• Vegetative, non-structural measures are not capable of stabilizing the erosion of
the bluff alone.
• Protection of the toe of bluff using hardened structures including rock revetments
is necessary.
• As time progresses, continued soil loss may lead to a complete loss of shoreline
stability.
• A site inspection by the Southold Town Board of Trustees recognized severe
erosion on this property and requested an erosion control plan.
THEREFORE, on account of the foregoing, the Southold Town Board of Trustees
Approve and Authorize the preparation of a Notice of Negative Declaration pursuant to
SEQRA for the aforementioned project.
TRUSTEE WILLIAMS: That is my motion.
TRUSTEE BREDEMEYER: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: Number six, DESCRIPTION OF ACTION: Twin
Forks Landscape Contracting, Inc. on behalf of MICHAEL GIACONE
requests an Amendment to Wetland Permit#7188 to extend the
existing groin 20' landward to prevent further erosion; install
a ±20 linear foot boulder revetment extending from the south
east corner of dwelling to west side of groin consisting of 1-2
ton stone armoring and rip rap base; and a total of 50 cubic
yards of clean sand fill to be added to replenish dune over
septic system; and entire dune will be re-vegetated with native
species (i.e. beach grass, bayberry) plantings. Located: 360
Park Avenue Extension, Mattituck. SCTM# 1000-123-8-28.1
S.E.Q.R.A. NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE:
WHEREAS, on November 9, 2018 the Southold Town Board of Trustees found the
application of MICHAEL GIACONE to be an Unlisted Action Negative Decision pursuant
to SEQRA Rules and Regulations. A Short Environmental Assessment Form and a field
inspection have been completed by the Board of Trustees; and it is hereby determined
that it will not have a significant effect on the environment, and;
WHEREAS, the Southold Trustees are familiar with this project having visited the site on
November 7, 2018 and having considered Twin Fork Landscape Contracting, Inc. Plans
for this project last dated September 24, 2018 showing the proposed revetment,
landward groin extension, and stabilization, and;
WHEREAS, in reviewing the project plans last dated September 24, 2018, it has been
determined by the Southold Town Board of Trustees that all potentially significant
environmental concerns have been addressed as noted herein:
• No existing rocks or boulders are to be utilized, moved, or relocated on the
beach.
• Access to the site for construction will be by land only.
• Vegetative, non-structural measures are not capable of stabilizing the erosion of
the dune alone.
Board of Trustees 12 November 14, 2018
• Protection of the toe of the dune using hardened structures including rock
revetments is necessary.
• As time progresses, continued soil loss at the toe of the dune may lead to a
complete loss of stability.
• A site inspection by the Southold Town Board of Trustees recognized severe
erosion on this property and requested a stabilization/erosion control plan.
THEREFORE, on account of the foregoing, the Southold Town Board of Trustees
Approve and Authorize the preparation of a Notice of Negative Declaration pursuant to
SEQRA for the aforementioned project.
TRUSTEE BREDEMEYER: That's my motion.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
V. RESOLUTIONS -ADMINISTRATIVE PERMITS:
TRUSTEE DOMINO: Roman numeral V, Resolutions and Administrative
Permits.
TRUSTEE BREDEMEYER: I have the first one, number one, MARTIN &
JULIE REGINE request an Administrative Permit to clear the
overgrown brush on the sound side; remove two (2) overgrown
shrubs; trim up the brush along the property fence line; with no
removal of trees on the sound side of the fence line, only
trimming and cleaning up.
Located: 675 Hillcrest Drive North, Orient. SCTM# 1000-13-2-8.19
1 am familiar with this project. I have I been to this
site three times, and have reviewed the plans.
The LWRP has exceeded the 30 days for return on information.
The project is minor and deals with all non-native plant
species. Accordingly, it is consistent with the general -- plant
plans are consistent with plans of a small operation removal of
non-native vegetation.
Accordingly, I would move to approve this application with
a stipulation that in addition to the non-native trees removed,
that no vegetation be cleared below four feet in height. In
other words, to maintain all bluff vegetation at a height of
four feet. That's my motion.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: Next application, number two, OLIVER FRANKEL
requests an Administrative Permit for a Ten (10) Year Maintenance Permit
to hand-prune the vegetation located landward of the top of bluff; and to
top-off trees by hand.
Located: 975 Hillcrest Drive North, Orient. SCTM# 1000-13-2-8.21
This project was inspected by both myself and Trustee
Williams. The plans, it's a total of three field inspections
have been performed. Two that are on the inspection record.
Subsequent inspection of the plans submitted indicates they're
Board of Trustees 13 November 14, 2018
planning to remove non-native black locust trees. This project
being minor in scope and the tree removal consistent with
projects we see of this size removing non-native vegetation and
thereby bringing the proposal into consistency with the Town's LWRP.
Accordingly, I move to approve the removal of the topping
off of the non-native trees by hand with the stipulation that no
bluff vegetation be cut lower than four feet in height.
That's my motion.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE WILLIAMS: Number three, under administrative permits,
Natural Landscape Accents on behalf of HENRY & MARY PAT MULHOLLAND
request an Administrative Permit to remove overgrown plantings between seaward
side of dwelling and seawall and replace with new plantings; remove large weeds
on beach side of seawall and restore area with indigenous plantings to match
neighboring properties.
Located: 2440 Village Lane, Orient. SCTM# 1000-26-1-17.1
The area Trustee for Orient, myself, visited the site on 11/9/2018.
The LWRP coordinator had some questions with the project
being inconsistent, with notes that the plants removed are not
identified and the planting species has not been provided.
The Trustees, myself and Mr. Bredemeyer, also visited the
site. We identified the plants to be removed, and we also, it
was very clear that American beach grass is being planted as per
our conversation with the contractor.
Those two items being addressed, this brings this plan into
consistency, and I would approve this application.
That is my motion.
TRUSTEE BREDEMEYER: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE DOMINO: In order to simplify our meetings, the Board of
Trustees regularly moves together actions that are deemed
similar in nature. Accordingly, I make a motion to approve as a
group under Roman numeral V, items four, six and seven. They are
listed as follows:
Number four, Creative Environmental Design on behalf of
PAUL & MARGARET POSTER request an Administrative Permit to
remove the invasive plants from bluff area and re-vegetate in
same location using native plants.
Located: 1615 Fleetwood Road, Cutchogue. SCTM# 1000-137-4-35
Number six, Heidtmann & Sons, Inc. on behalf of GEORGE &
MARIA RIGAS requests an Administrative Permit to install an
irrigation system in the seaward & side yards of the property.
Located: 675 Hill Road, Southold. SCTM# 1000-70-4-28
Number seven, WALTER &ARLENE BLUM request an
Administrative Permit to create a new crawl space access on
eastern side by excavating an approximately 5.6'x4.6' hole to a
Board of Trustees 14 November 14, 2018
depth of 4'; construct a cement block wall inside of excavated
hole approximately 4' high with an 18" deep foundation beneath
wall; the block wall will be covered by a 49"x63" steel cellar
door with six (6) steps and a 40" wide opening to crawl space;
and to remove block wall and fill in existing crawl space using
the on-site excavated soils.
Located: 260 Robinson Road, Greenport. SCTM# 1000-34-5-12
TRUSTEE BREDEMEYER: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE DOMINO: Number five, MICHAEL & LORI MINASI requests an
Administrative Permit to remove existing landward 6'2"x24'1"
deck and stairs and replace with new 5'x6' front pergola, entry
door and 14'x16' stairs; replace or repair 810sq.ft. of seaward
side and westerly side decking, and second floor 7'x18' balcony;
and to replace deck and balcony railings (115 feet) with new.
Located: 3145 Main Bayview Road, Southold. SCTM# 1000-78-2-12.1
The LWRP coordinator found this to be inconsistent. The
inconsistency arises from the concern that the wetlands appear
larger than they are depicted on the submitted plan. And
jurisdictional setbacks are not included.
The Trustees did a field inspection on November 7th, 2018,
and at that time the Trustees were satisfied that the applicant
was honoring all the previous restrictions and resolutions
regarding the setbacks. And that this particular application was
for either replacement on the seaward side or the landward side
of the building.
Accordingly, I make a motion to approve this application,
noting it will bring it into compliance.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE DOMINO: Number eight, Creative Environmental Design on
behalf of TODD FREED & EDITH WEBSTER FREED requests an
Administrative Permit for a Ten (10) Year Maintenance Permit for
the removal of invasive weeds and plants; and pruning of
selected plants for improved root health to 4' in height.
Located: 12400 New Suffolk Avenue, Cutchogue.
SCTM# 1000-116-6-12.1 & 12.2
The LWRP found this to be inconsistent. The inconsistency
arises from the fact that a revegetation plan has not been
provided. It is recommended that existing vegetation be
preserved to meet this policy.
On the November 7th, the Trustees did a field inspection,
all were in attendance and spoke with the applicant concerning
the trimming and the planting of two bayberry plants as
described in the application was in order.
Accordingly, I make a motion to approve this application as
submitted, noting that any additional plants noted by the
Board of Trustees 15 November 14, 2018
Trustees will bring it into consistency
TRUSTEE BREDEMEYER: I second the motion.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
VI. APPLICATIONS FOR EXTENSIONS/TRANSFERS/ADMINISTRATIVE
AMENDMENTS:
TRUSTEE DOMINO: Roman numeral VI. Again, in order to simplify
the meeting, I move to approve as group items one, two, four,
and number six. They are listed as follows:
Number one, En-Consultants on behalf of JUJAX PARTNERS, LLC
requests a One-Year Extension to Wetland Permit#8930, as issued
on December 14, 2016.
Located: 19755 Soundview Avenue, Southold. SCTM# 1000-94-1-11
Number two, Suffolk Environmental Consulting, Inc. on
behalf of MILDRED M. PASCUCCI requests a One-Year Extension to
Wetland Permit#8920, as issued on November 16, 2016.
Located: 305 Narrow River Road, Orient. SCTM# 1000-26-3-11
Number four, Jeffrey Patanjo on behalf of LEAH ZARA &
RICHARD KASNIA request a Transfer of Wetland Permit#221, as
issued on August 28, 1985, and Amended on February 25, 2004.
Located: 400 Windjammer Drive, Southold. SCTM# 1000-79-4-8
And number six, GAYLE B. WALLACE requests an Administrative
Amendment to Wetland Permit#9264 for the as-built 8" diameter
pile off of seaward end of 6'x20' floating dock.
Located: 150 Briarwood Lane (Dominant); 425 & 350 Briarwood Lane, at
End of 20' R.O.W., Cutchogue (Servient). SCTM# 1000-136-1-3 (Dominant)
& 1000-136-1-1 & 1000-136-1-5 (Servient)
TRUSTEE BREDEMEYER: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE DOMINO: Number three has been postponed.
TRUSTEE WILLIAMS: Number five, MICHAEL J. GIACONE & NICHOLAS A.
GIACONE request a Transfer of Wetland Permit#4210 from Paul J.
Carey to Michael J. Giacone & Nicholas A. Gicone, as issued on
July 29, 1993.
Located: 270 Park Avenue Extension, Mattituck. SCTM# 1000-123-8-27
Upon inspection of the property there is an inconsistency
with the dock as per the plan, and we are going to table this
for an Administrative Permit to correct the inconsistency.
I make a motion to table this application.
TRUSTEE BREDEMEYER: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
VII. WATERFOWL/DUCK BLINDS:
TRUSTEE DOMINO: Roman numeral seven, waterfowl and duck blinds.
Board of Trustees 16 November 14, 2018
Number one, DOUGLAS HUTCHINSON requests a Waterfowl/Duck Blind
Permit to place a Waterfowl/Duck Blind in Broadwaters Creek
using private access through Nassau Point Property Owners
Association property. Located: Broadwaters Creek
I make a motion to approve this.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
VIII. PUBLIC HEARINGS:
TRUSTEE DOMINO: I make a motion to go off our
regularly-scheduled agenda and enter public hearings. That's my
motion.
TRUSTEE BREDEMEYER: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE DOMINO: This is a public hearing in the matter of the
following applications for permits under the Wetlands Ordinance
of the Town of Southold. I have an affidavit of publication from
the Suffolk Times. Pertinent correspondence may be read prior to
asking for comments from the public.
ask that you keep your comments relevant, organized and
brief and five minutes or less, if possible.
AMENDMENTS:
TRUSTEE DOMINO: Number one, under Amendments, Twin Forks Landscape
Contracting, Inc. on behalf of MICHAEL GIACONE requests an Amendment to Wetland
Permit#7188 to extend the existing groin 20' landward to prevent further erosion; install
a ±20 linear foot boulder revetment extending from the south east corner of dwelling to
west side of groin consisting of 1-2 ton stone armoring and rip rap base; and a total of 50
cubic yards of clean sand fill to be added to replenish dune over septic system; and
entire dune will be re-vegetated with native species (i.e. beach grass, bayberry)
plantings.
Located: 360 Park Avenue Extension, Mattituck. SCTM# 1000-123-8-28.1
The Trustees did a field inspection on November 7th, at approximately four
o'clock, and noticed that the inspection was done by Trustee Goldsmith. The septic
system was exposed. High tide appears to go landward of the groin. This is similar to a
project that was approved at the neighbors.
The LWRP coordinator found this to be consistent.
The Conservation Advisory Council did not make an inspection, however
reviewed the plans and supports the application as submitted.
Is there anyone here to speak to this application?
(Negative response).
TRUSTEE DOMINO: Any questions or comments from the Board?
(Negative response).
Hearing none, I make a motion to close this hearing.
TRUSTEE BREDEMEYER: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
Board of Trustees 17 November 14, 2018
TRUSTEE DOMINO: I make a motion to approve this application as
submitted.
TRUSTEE BREDEMEYER: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: The next application, number two,
Environment East, Inc. on behalf of STRITZLER FAMILY TRUST
requests an Amendment to Wetland Permit#9153 to construct
additions to the landward side of the dwelling consisting of a
366sq.ft. screened porch with steps to ground; a 190sq.ft.
covered deck with steps to ground; 160sq.ft. of steps or
walkway; and a 94sq.ft. mud room.
Located: 955 Soundview Avenue, Mattituck. SCTM# 1000-94-1-8
Trustee Goldsmith carried the field inspection for the
entire Board. The Board being present on November 7th. The
plans and project indicate a project which is all landward of
the existing structure.
The Town's LWRP coordinator found this project to be
consistent with the Town's coastal policy.
And the Conservation Advisory Council in reviewing the
project plans, supports the application as submitted.
Accordingly, is there anyone here who wishes to speak on
behalf of this application?
(Negative response).
Seeing no one at this time, is there anyone on the Board of
Trustees who wishes to speak to this application?
(Negative response).
Seeing and hearing no one, I make a motion to close the hearing on
this matter.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: I make a motion to approve this application
as submitted
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
WETLAND & COASTAL EROSION PERMITS:
TRUSTEE WILLIAMS: Wetland and Coastal Erosion Permits.
Number one, Docko, Inc. on behalf of FISHERS ISLAND FERRY
DISTRICT, c/o GEB COOK, GENERAL MANAGER requests a Wetland
Permit and a Coastal Erosion Permit for maintenance dredging to
-12'ALWL approximately 4,600 cubic yards of sand including 1'
over-dredging allowance; over approximately 15,500 square feet
by mechanical means waterward of the AHWL for on-site, upland
disposal landward of the AHWL along Town of Southold property
and Fishers Island Ordinance Building, LLC property.
Located: Ferry Channel from Fishers Island Sound into Silver Eel Cove,
Board of Trustees 18 November 14, 2018
Fishers Island. SCTM# 1000-12-1-10
On 11/9 we did an inhouse inspection on this project with
Trustees Bredemeyer, Domino, Goldsmith and Williams present, and
we found the plans to be straightforward.
The LWRP coordinator found this project to be consistent.
The Southold Conservation Advisory Council did not make an
inspection, therefore no recommendation was made.
At this point I would like to open the public hearing. Is
anyone here wishing to speak to this application?
MR. NIELSON: I'm Keith Nielson, from Docko, Inc., and I prepared
the application documents before you. I did not have an
opportunity to create a large easel-mounted display, so I'm
providing you with 8x11 aerial photograph copies highlighted to
show the area where the dredging is to occur. If you'll notice
on those photographs, I have highlighted the aerial where the
dredge sand will be relocated. The eight-and-a-half by eleven
photographs that I've handed out are aerial photographs of this
site, taken this year, and they are, they show at the center of
the photograph the jetty which lines the south edge of the entry
channel from Long Island Sound into Silver Eel Cove.
This is the access point for the ferry and 99% of all the
goods and equipment that is transported to Fishers Island, and
the area has been clogged with sand that has washed over the
jetty in several storms over the last year-and-a-half and is now
within a foot-and-a-half of the bottom, the keel depth of the
larger of the two ferries going into Fishers Island.
As you'll see in the aerial photograph, the light-colored
area, the light, well, the lighter-colored area, is bare sand in
the travel path of the ferries. The darker areas to the north
and to the south of the entry channel are areas of submerged
aquatic vegetation and rockweed on submerged rocks.
The area that is in the center of the channel is
approximately eight-and-a-half feet deep at mean low water, and
the ferry draws seven-and-a-half feet empty. And so they are
perilously close to getting in and out or having their access
restricted.
The project has been laid out to allow for dredging 4,600
cubic yards of sand and reestablishing a dune-like habitat on
the rock revetment that runs to the south in that arching
pattern running south of the jetty, south to southwest of the
jetty, right along the shore.
If you move the cursor up about a third of the way on that
photograph, you'll see it. There you go.
This project was put together, the schematic design was
approved by New York DEC before we made this application, and
the project has been coordinated with the Corps of Engineers as
well. We have a DOS consistency determination on the project.
The Corps of Engineers has determined this is covered under
their general permit for maintenance, general, nationwide permit
number three. The DEC is in the final stages of approving the
project at this point, and we respectively requesting your
Board of Trustees 19 November 14, 2018
approval as well.
The sand, once it is placed, will encompass an area of
coverage approximately 50 feet wide and about 700 feet long. It
will be about four feet high and cover most of the rocks
landward. All the work will be landward of the high tide line or
the apparent high water line, and there will be plantings
undertaken by some of the school classes at Fishers Island to
establish a dune habitat.
would be happy to answer any questions you might have.
TRUSTEE WILLIAMS: Is there anyone else here that wishes to speak
to this application?
(Negative response).
Any questions from the Board?
TRUSTEE DOMINO: I request a clarification. The application, it
states upland disposal landward of the average high water line
along Town of Southold property and Fishers Island Ordinance
Building. The question is did you get consent from Fishers
Island Ordinance Building LLC?
MR. NIELSON: Yes, we got letters of support and no objection for
the project from both Brad Burnham who owns the ordinance
building and from the Town of Southold, and submitted those
letters. If you don't have copies of them in the file, we'll
re-send them to you.
TRUSTEE WILLIAMS: I do have the letter from the Town of
Southold.
MR. HAGAN: We need the Brad Burnham letter. The Town one we
have.
MR. NIELSON: Okay.
TRUSTEE WILLIAMS: Any other questions or comments from the
Board?
(Negative response).
TRUSTEE WILLIAMS: I make a motion to close the public hearing.
TRUSTEE BREDEMEYER: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE WILLIAMS: I make a motion to approve this project with
the addition of the submission of the letter from the Fishers
Island Ordinance Building LLC. That is my motion.
TRUSTEE BREDEMEYER: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
MR. NIELSON: Thank you. I'll send that to you by the end of the
week.
TRUSTEE WILLIAMS: Thank you, sir.
TRUSTEE DOMINO: Number two, J.M.O. Environmental Consulting
Services on behalf of ELSA RIVERS LIVING TRUST requests a
Wetland Permit to remove approximately 43' of concrete seawall
and to install an approximately 43' long by 7' wide rock
revetment with a 21' return located on the consisting of a layer
of 3" diameter crushed stone filter layer placed on top of
Board of Trustees 20 November 14, 2018
filter fabric; boulders 1.33' to 4.23' in size will then be placed in a
1.5:1 slope; all disturbed grass areas will be Ioamed and seeded.
Located: 219 The Gloaming Extension, Fishers Island. SCTM# 1000-10-9-15.4
The Trustees did a field inspection on 11/7, inhouse, and
noted the plans were in order.
The LWRP coordinator found this to be consistent.
The Conservation Advisory Council did not make an
inspection, therefore no recommendation was made.
Is there anyone here to speak to this application?
MR. JUST: Good evening, Glenn Just, agent for the project. I
believe you folks on Town Fathers Day, might have been there as
well. With I believe Dick Stroud. The existing concrete seawall
that needs replacing, I think it's better to go natural with the
rock. It's not going to break down like what the concrete does.
And the proposed won't go any further seaward than the existing
seawall. I just want to make that clear.
TRUSTEE DOMINO: Is there anyone else who wishes to speak to this
application?
(Negative response).
Any questions from the Board?
(Negative response).
Hearing none, I make a motion to close this hearing
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE DOMINO: I make a motion to approve this application as
submitted.
TRUSTEE BREDEMEYER: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
MR. JUST: Thank you, very much.
TRUSTEE BREDEMEYER: Next item, number three, Samuel Fitzgerald,
AIA on behalf of KVT1, LLC requests a Wetland Permit and a
Coastal Erosion Permit for the existing 281.33' long, 12" thick,
by±30" above grade concrete seawall along the property; within
an approximate 91' long area of the seawall, remove a minimum
amount of material along the seaward side of the seawall in
order to achieve a 48" height in order to be used as a swimming
pool barrier; all removed material will be taken away from the
site; all work to be performed by hand or by a small excavating
machine that would stay on the landward side of the seawall;
Rosa Rugosa is to be planted over the entire disturbed area; and
no disturbance to occur below elevation 20'.
Located: 474 Wilderness Point, Fishers Island. SCTM# 1000-12-2-6.15
This project has been deemed to be consistent with the LWRP.
The Conservation Advisory Council was unable to make an
inspection therefore did not make a recommendation.
The Trustees all visited this site during the course of the
August inspection when the Town Fathers had their meeting. It's
a straightforward project as depicted on the plans as was
Board of Trustees 21 November 14, 2018
envisioned in the field.
Is there anyone here who wishes to speak to this application?
MR. FITZGERALD: Sam Fitzgerald, agent for the owners. Just very
briefly, I was tasked by the owners to come up with a pool
barrier on the water side of the pool that did not change the
look or character of the pool area. They really love the pool
area, enjoy it, and they didn't want to see any change to their
view across Block Island Sound there. So we thought it was a
great idea to actually use the existing seawall as the pool
barrier, and it already had some height on the seaward side. We
are going to have to remove some material. Not a significant
amount of material. It's all small, loose rocks that can be
carried by hand. We don't see any environmental impact here. We
are 70 feet from mean high water. We are above the flood zone.
There are no coastal wetlands. It's a stable rock slope. We are
going to maintain the slope. There are no upland erosion issues
here, no runoff, and it's going to be disturbed for only about a
few days. So, thank you.
TRUSTEE BREDEMEYER: Thank you. Anyone else wish to speak to this
application?
(Negative response).
Any questions from the Trustees?
(Negative response).
TRUSTEE BREDEMEYER: Hearing none, I'll make a motion to close
the hearing in this matter.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: I'll make a motion to approve the
application as submitted
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: The time is now 6:30.
(Trustee Krupski has entered this hearing room and is now present at the dais).
TRUSTEE DOMINO: I would like to welcome Trustee Nick Krupski who
is now present. I trust he represented us well at the meeting.
TRUSTEE KRUPSKI: I did. It was a good start.
TRUSTEE WILLIAMS: Number four, Patricia Moore, Esq. on behalf of
BIM STRASBERG &ALEXANDRA LEWIS requests a Wetland Permit and a
Coastal Erosion Permit to replace a 30' long storm damaged
section of existing ±51 linear foot long bulkhead with a new 30'
long and 11' high galvanized steel bulkhead in order to match
the height of the bulkheads to the east and west; if needed add
±200 cubic yards of clean fill, regrade and revegetate disturbed
areas; remove the concrete block at bottom of bluff stairs; and
at bottom of bluff stairs install a 4'x4' stone slab landing
with 4' wide stone slab steps down to a pervious stone and
gravel landing landward of bulkhead.
Board of Trustees 22 November 14, 2018
Located: 21225 Soundview Avenue, Southold. SCTM# 1000-135-1-1
The Trustees visited this site October 10th, 2018. We felt
that the project looked straightforward as far as the field notes.
The LWRP coordinator found this project to be consistent.
The Conservation Advisory Council reviewed the application
and they supported application with a ten-foot non-turf
vegetated buffer.
Is there anyone here to speak to this application?
MS. MOORE: Yes, Patricia Moore on behalf of Bim Strasberg and
Alexandra Lewis. This was on the calendar last month. I believe
it was put on the calendar and it was ready to be approved but
you wanted a modification to the drawings that was given to you,
and we should be able to close out the permit tonight, I'm hoping.
TRUSTEE WILLIAMS: Sounds good. Is there anyone else here that
wishes to speak to this application?
(Negative response).
Any questions or comments from the Board?
(Negative response).
MR. HAGAN: You were making an amendment to this.
MS. MOORE: I did. And I delivered it. It was provided almost a
week later. Two weeks. It should be in your file. It was a very
minor amendment. It was a non-turf buffer. It should be on
October, the October revision. I personally delivered it, so.
TRUSTEE WILLIAMS: Would you happen to have a copy of it?
MS. MOORE: I didn't bring my file. My secretary didn't see it on
the calendar. It obviously is on the calendar. It would have
been, your meeting, the October meeting, it would have been
about a week later. So it would be an October-dated plan. How
is that. Because that's when it was revised.
TRUSTEE WILLIAMS: We're still looking for it.
MR. HAGAN: Do you know the date of the survey? We know we have
it, for whatever reason it's not in the file on the dais.
TRUSTEE KRUPSKI: Can we just approve it subject to --
MR. HAGAN: I've spoken to and pursuant to the plans submitted
after the October meeting depicting a non-turf buffer as
requested by the Trustees. And we'll find out what is going on.
TRUSTEE WILLIAMS: Is there anyone here to speak to this
application?
MR. STEIN: Excuse me, just for clarification, is it going to be
the vegetated non-turf buffer or just a ten-foot non-turf
buffer, as per--
TRUSTEE WILLIAMS: It's as per the plans that were submitted.
MS. MOORE: It was a ten-foot non-turf buffer. So they'll have a
choice of vegetated or not.
TRUSTEE WILLIAMS: Is there anybody else here that wishes to
speak to the application?
(Negative response).
Any other questions from the Board?
(Negative response).
I make a motion to close the public hearing.
TRUSTEE BREDEMEYER: Second.
Board of Trustees 23 November 14, 2018
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE WILLIAMS: I make a motion to approve the application
with the stipulation of the new plans submitted shortly after
the October meeting showing the ten-foot non-turf buffer.
TRUSTEE BREDEMEYER: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE DOMINO: Number five, Patricia Moore, Esq. on behalf of
THEORDORE & ELENA ERMOGENOUS, NICHOLAS &ANNA KARACOSTAS,
ANDREAS & SOTEROULLA KARACOSTAS, c/o THEO ERMOGENOUS
requests a Wetland Permit and a Coastal Erosion Permit to replace 104' of
storm damaged vinyl bulkhead with steel bulkheading in-place (as
required), and raise the bulkhead height to match the neighbor's
bulkhead at 11' above the existing beach; re-align and replenish
the existing stone armoring as needed; backfill eroded bluff area with
300 cubic yards of clean fill; and re-vegetate disturbed areas with beachgrass.
Located: 21275 Soundview Avenue, Southold. SCTM# 1000-135-1-2
The Trustees did the most recent field inspection on November 7, 2018.
All were present, and noted that the application was straightforward.
The LWRP coordinator found this to be consistent, and
recommended the Board identify and clarify the source of the
stone armoring.
The Conservation Advisory Council resolved to support this
application.
Is there anyone here to speak to this application?
MS. MOORE: Patricia Moore, on behalf of the applicants.
TRUSTEE DOMINO: Patricia, it appeared to us that the stone
armoring had been moved around by various storms and that was
the, if you could clarify for us that is just re-aligning
material that was there from previous applications.
MS. MOORE: Yes, I believe so. I see some stone armoring that had
been installed on prior permits. They had it permitted in 2015.
The only thing they didn't do in 2015 is make it a steel
bulkhead. So this time because of the damage, they are
absolutely putting in steel. It's adjacent to the Bim property,
and this one, the two of them are going to use the same
contractors and do a continuous line of steel bulkheading.
TRUSTEE DOMINO: Very good. I just wanted to clarify that.
Anyone else wish to speak to this application?
(Negative response).
Questions or comments from the Board?
(Negative response).
Hearing none I make a motion to close this hearing.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE DOMINO: I make a motion to approve this application as
submitted.
TRUSTEE KRUPSKI: Second.
Board of Trustees 24 November 14, 2018
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: Number six, Costello Marine Contracting
Corp. on behalf of SUSAN R. WORTH requests a Wetland Permit and
a Coastal Erosion Permit to construct 350' of 1.5 to 3 ton rock
and 12"x16" coir log revetment at base of bluff; replace
excavated material for rock portion as leveling fill in any low
areas in front and rear of revetment. Located: 2460 Grand View
Drive, Orient. Located: 1000-14-2-3.8
The Board visited, the entire Board visited the site on
November 7th and saw firsthand the most recent damage from the
latest nor'easter, and also some of the remnant damage from
Storm Grayson from January 4th and 5th of last year.
The Board saw the staking, which was well landward of the
mean high water mark, which is important in reviewing the report
of the LWRP coordinator. He had indicated that he found that the
project was inconsistent with several coastal policies, based on
his review of photographic evidence, which the field inspection
of the Trustees found quite a different situation than the
available photographs which are already quite dated. They
predate Grayson and predate the latest nor'easter.
The LWRP coordinator also indicated in the event the action
is approved, no boulders or rocks to be used or relocated below
the high water mark and that to be certain, that to address the
coastal policies that there should in fact be a high rate of
erosion, which was not seen on the photographs, but was
evidenced by the field inspection of the Trustees.
The Conservation Advisory Council supported the application
with a recommendation, I guess, future stairs, because I didn't
see stairs on the plan, would be retractable and parallel to the
shoreline.
Did I miss something? I didn't see stairs on the plan.
MR. COSTELLO: No, there were no stairs on the plans.
TRUSTEE BREDEMEYER: It had the path. But this is a general
recommendation, retractable stairs in high energy areas.
Is there anyone here to speak to this application?
MR. COSTELLO: Yes. My name is John A. Costello, I'm with
Costello Marine Contracting. We are the agents for Susan Worth
on this application. Presently, the stairs and the access way by
land is on the return side on the east/southeast corner of the
property. Which is well above the high water mark. And it's
angled and it's a terraced stairway. Right now, it's a little on
the dangerous side. A little attention should be, some of the
railroad ties should be replaced, but that is an insignificant
part of the job.
Since we first made the application, since a couple of the
storms, the increased area and the increased wave energy along
the base of that cliff, and the intention is to try to get the
permits because the material that is in the cliff as evidenced
from the adjacent neighbors to the east and the west, is very
Board of Trustees 25 November 14, 2018
sandy material underneath the vegetation. And she is well
vegetated above. Should the bottom erode to any degree, that
vegetation will slide and slump down the cliff. And will expose
quite a bit of the sand that exists in that cliff. A couple of
the neighbors that have some severe cliff erosion where there is
no vegetation, and the intention is to try stabilize the toe,
and once that is done, you'll be able to maintain the vegetation
that is on the cliff and doing well. And I would like to try to
keep that there. And she would, too, for sure.
TRUSTEE BREDEMEYER: Anyone else wish to speak to this
application?
(Negative response).
Seeing no one. Board members, any questions or concerns?
(Negative response).
Hearing none, I'll make a motion to close the hearing in this
matter.
TRUSTEE KRUPSKI: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: I would like to make a motion to approve
this application as submitted noting that the Trustees' field
inspection specifically would address the concerns of the LWRP
and therefore the project is consistent with the Town's coastal
policies, specifically with respect to the LWRP coordinator's
report where he indicates avoiding alteration or interference
with shorelines in the natural condition. The project as
proposed is well landward of the mean high water.
Enhancing existing natural protective features. The project
meets this requirement of coastal policy in that it is protecting an
unstable bluff that would otherwise fail.
Item three, restoring the conditions of impaired natural protective
feature. It does in fact restore by protecting the toe of the bluff.
Number four, using practical vegetative approaches to stabilize natural
shoreline features. The project incorporates coir logs which are
supportive of natural vegetation and managing activities to
limit damage to reverse damage which would diminish the
protective capacity of the natural shoreline. Well, there is
limited access and a protective structure itself will limit
additional damage.
And accordingly, based on the field inspection, while there is a broad
beach, there was extensive damage to the bluff and is heretofore
discussed in our SEQRA determination, which dealt with all the
environmental factors. I believe we have brought this project into consistency.
This is my motion to approve the application as submitted
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
MR. COSTELLO: Thank you.
TRUSTEE WILLIAMS: Number seven, Jeffrey Patanjo on behalf of
ROBERT & EITHNE PISCIONERI for a Wetland Permit and a Coastal
Board of Trustees 26 November 14, 2018
Erosion Permit to install 70 linear feet of proposed rock
revetment along pre-storm damaged shoreline; proposed revetment
to consist of 4-5 ton lower course, and 2-3 ton upper courses
placed in an interlocking pattern placed with an excavator; upon
completion of revetment install approximately 350 cubic yards of
clean sand fill from upland sources landward of proposed
revetment with an approximate size of 20' long by 50' wide and
8' deep; replace storm damaged storm drain pipe in its'
pre-storm location and coordinate with Town of Southold
Engineering Department requirements; all work to be completed
landward of the Mean High Water line.
Located: 21865 Soundview Avenue, Southold. SCTM# 1000-135-1-9
The Southold Town Trustees inspected this site twice, first
on October 10th, 2018. The project notes was that the project
was not staked. The project plans appear to propose construction
too far seaward. Should start at neighbor's concrete wall and
go to east neighbor.
We inspected it again on November 7th. More erosion since
last inspection on 10/10. Same comments regarding location of
seawall. And still not staked. All Trustees were present for
both inspections.
The LWRP coordinator found this project to be consistent.
And we do not appear to have any notes from the
Conservation Advisory Council.
Is there anyone here to speak to this application?
MR. PATANJO: Jeff Patanjo, on behalf of the applicant.
The applicant actually did stake it. He sent me photographs
of it being staked. So they probably washed out. So I don't
have an answer to that one.
I did get some comments back from the DEC with regard to
the placement of the revetment. They wanted it moved back a
little bit as well. That is just something that I just got some
comments from them. So the proposed now plan would be to pull
this back a little bit landward of where it is proposed on the
plans that you have in front of you. And I don't know if you
are going to pull up any photos or not, but I think it's going
to be, I think we'll have to adjourn for revised plans anyway.
TRUSTEE WILLIAMS: I think that's a good idea, to table this one.
One comment is on the inspection, our last viewing of the
property is that the stone wall, it would make sense in my mind
for the stone wall to start on the westerly project adjoining
and abutting the neighbor, westerly neighbor's concrete seawall,
then to follow the natural shoreline coming in. And then on the
easterly neighbor there is a very distinct large boulder, to
just head over to that boulder. Unfortunately, the project, this
is probably something that should have been done a very, very,
long time ago. And after Storm Grayson and the last nor'easter
we had, they are unfortunately losing land.
MR. PATANJO: If I can understand what you are saying. My plans
show the existing concrete wall and we are tying, the proposed
plan shows we are tying into that.
Board of Trustees 27 November 14, 2018
TRUSTEE WILLIAMS: Yes.
MR. PATANJO: So that's the start point. I'll modify the plans
based on the DEC comments. They were asking for a certain
footage off of the porch, then modify it with that curve
following that line right there.
TRUSTEE WILLIAMS: Right. I would suggest possibly either meeting
us in the field on the next field inspections, or making sure
that it's staked the night before. And it's not staked with
little flags. Stake it with something that will stay there in
case the tide comes in. Don't stake with Styrofoam buoys.
TRUSTEE BREDEMEYER: If you recall your plan and your prior site
visits, it looks like gabion baskets, but they were actually
filled with Belgian blocks. Or, I imagine they were partly
filled with sand. They have now started to break apart and they
have lost probably, since the first inspection, six to seven
feet of solid fill on the beach.
MR. PATANJO: I have not been there in two or three months. I'm
sure it's getting worse.
TRUSTEE WILLIAMS: Is there anybody else here that wishes to
speak to this application?
(No response).
TRUSTEE WILLIAMS: I make a motion to table this application at
the applicant's request.
TRUSTEE BREDEMEYER: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
WETLAND PERMITS:
TRUSTEE KRUPSKI: Under Wetland Permits, number one, Samuels &
Steelman Architects on behalf of JUSTIN & ELIZABETH MIRRO
request a Wetland Permit to demolish existing one-story
dwelling, decks, detached garage, and abandon existing sanitary
system; construct new two-story dwelling with attached four car
garage with a footprint of 4,227sq.ft. (Approx. 6,700 total
sq.ft.); construct an attached 45sq.ft. covered porch, attached
135sq.ft. covered porch, and attached 525sq.ft. covered porch
onto dwelling; construct 190sq.ft. of open decks with exterior
stairs attached to dwelling; install a new sanitary system;
construct a one-story, non-habitable 748sq.ft. pool house with a
713sq.ft. covered porch (included in terrace area); construct a
50'x22' gunite swimming pool with infinity edge totaling
1,443sq.ft.; construct an 8'x10' (80sq.ft.) Spa; install 4' high
pool enclosure fencing; install 2,839sq.ft. of stone terracing
at grade; maintain existing 175 linear feet of timber tie border
between lawn and non-turf buffer, and increase the height by
approximately 18" at filled areas; construct approximately 121
linear feet of new timber retaining wall at south edge of
property; install approximately 3,635 cubic yards of clean fill;
install new topsoil and landscaping, including an irrigation
system; install a new gravel driveway; reconstruct existing
Board of Trustees 28 November 14, 2018
27sq.ft. cantilevered platform off bulkhead with 21 sq.ft. stairs
to beach in new location; install gutters to leaders to drywells
to contain roof/stormwater runoff; provide 15 closed loop
geothermal wells; install a line of silt fencing around
construction area; and perpetually maintain the existing
approximately 2,272 square foot area of non-turf buffer along
the bluff face between timber border tie and bulkhead.
Located: 2455 Nassau Point Road, Cutchogue. SCTM# 1000-104-13-6
The Trustees originally visited this site on the 12th of
September, and noted that it would be a good location for IA
septic, that it would need to depict engineering for drainage,
and that the pool house and structures cannot exceed the pier
line of the houses next door.
More recently, it was reviewed by the Trustees on the 10th
of October, and it was noted that we do have an engineering
report. And that the pool house needs to be moved back according
to the setback per 275.
1 do have a letter in the file dated October 4th, from the
architect on the project, stating that they had revised the site
plan and hereby resubmit a new site plan, new drainage plan to
the Town engineer, some removals from the site plan, and a
revised project description, all dated October 4th.
The LWRP coordinator found this to be inconsistent. It is
recommend that structures are relocated to greatest setback and
avoid the FEMA flood zone to the greatest extent practicable to
avoid future loss. In the event that the action is approved, the
installation of an IA onsite waste water treatment system is
recommended to further policies Five and Six. And it is
recommended that a non-turf buffer is vegetated with native salt-
tolerant vegetation.
The Conservation Advisory Council resolved to support this
application.
This was also put to the Zoning Board. And it was voted by
four members four to zero.
Is there anyone here that wishes to speak regarding this
application?
MR. SAMUELS: Tom Samuels, on behalf of the client. Mr. Mirro is
here. Also Patricia Moore is helping out.
Just a little change to your timeline, Nick. We met with
Jamie Richter right after the September hearing We made these
changes and then resubmitted, and then in time for your October
hearing, you did not have his approval in.
TRUSTEE KRUPSKI: That's correct, yes.
MR. SAMUELS: But now it is in. There were minor changes that he
asked for and we had no problem with those. As far as the
setback of the pool house is concerned, we pulled it back and
the current drawing shows a very heavy line from the neighboring
structures, and that, the pool house, is in fact behind that
line, which is the two adjacent structures. You made that clear
last time, that that was the way you interpret the setback line
from the two immediately adjacent neighbors. So in that regard
Board of Trustees 29 November 14, 2018
we satisfied that request on your part.
As far as the non-turf buffer is concerned, we vegetated a
portion of it with a number of things which are listed here,
beach grass for the most part, and other salt-tolerant species,
attempting to address that concern. The remainder of it is as
of yet in this drawing not shown as vegetated. It is a non-turf
buffer though, in accordance with your requirements.
Otherwise I think we have tried to address the concerns and
I'm really here, and I think unless Pat has something to say
directly to understand your questions and hopefully answer them.
TRUSTEE KRUPSKI: Thank you. Also in the file, I just wanted to
add to the record, I do have a letter from the Office of the
Engineer. Dear Mr. Domino, as per a request from your office, I
reviewed the site plan prepared by the Office of Samuels &
Steelman dated 8/16/18 all proceeds storm water drainage
controls shown or indicated on the plan meet or exceed the
minimum requirements of Chapter 236 storm water management.
Jamie A. Richter, Storm Water Manager.
MS. MOORE: The only thing I would point out is that with respect
to jurisdictional area, the house is at 114, which means it
would have been out of your jurisdiction. And the sanitary
system is actually even further away. So the only structure
that was within your jurisdiction was the pool house and the
pool, that area is the patio. Otherwise, and I will remind the
Board that the house that is there is only 40 feet from the
bulkhead, and that house is being removed, and all the
structures are being more conforming than what they were
originally, so.
(The Board is reviewing plans).
MS. MOORE: Are you looking for something, Mr. Domino?
TRUSTEE WILLIAMS: I'm just reviewing the plans. I don't see
where the pool house was moved back from the October 4th plans
to the October 17th plans.
MS. MOORE: No, they were moved back originally.
TRUSTEE KRUPSKI: That was from September. Then the newer plans,
you had already brought that, the pier line already in
MS. MOORE: Right. Actually, we had done that even with the
Zoning Board. So this project was quite different when it went
to the Zoning Board, we got your comment as a referral. We
incorporated your comments and the LWRP comments into the
referral, as a referral into the Zoning Board. So this project
was brought into conformity with the Zoning Board application
and then came before you to finish up.
TRUSTEE BREDEMEYER: During the course of the field inspection,
the Board is concerned that the eye view easement of the
neighbors is affected by the pool house and should be back
another ten to twelve feet. The plans almost look like they seek
a bump out. But the neighbors eye view is really going to be
from the corner of their dwelling.
MR. SAMUELS: That's a covered porch on the water side of the
house.
Board of Trustees 30 November 14, 2018
TRUSTEE BREDEMEYER: On the south neighbors --
MS. MOORE: He's talking about the neighbor's view.
TRUSTEE BREDEMEYER: I'm talking about the neighbor.
MS. MOORE: Which neighbor?
MR. SAMUELS: Let me just show you.
MS. MOORE: The neighbors are shown on the drawing.
TRUSTEE WILLIAMS: We see that. But in both cases you are going
from, we would like to see you reference --
MR. SAMUELS: I mean, that is a point between the two. If you
draw a line between the two.
TRUSTEE WILLIAMS: But if you are standing here, the viewshed
will be off this corner, not off that corner. So I would like to
see that corner be referenced, and here you are coming into
better steps, and I would like --
MR. SAMUELS: It's actually a covered porch. I believe both of
these neighbors have written letters approving of what we are
doing and supporting the project.
MS. MOORE: They were actually at the Zoning Board hearings in
support. And we have the letters.
MR. SAMUELS: But when you say between the two, we draw a line
between the two points. Anyway.
MS. MOORE: Here are the letters that were submitted to the
Zoning Board.
MR. HAGAN: Were those already submitted with the Zoning plans?
MS. MOORE: They may have gone to the Zoning Board. I don't know
if they were part of your original file.
TRUSTEE BREDEMEYER: The LWRP coordinator is looking to move it
back with respect to the flood zones.
MS. MOORE: Well, it is behind the flood zone as well.
MR. SAMUELS: We are all out of the VE zone other than access to
the beach. The AE zone --
TRUSTEE DOMINO: Nick, could you read that section where the LWRP
coordinator expressed his concern about the distance back, his
exact verbiage.
TRUSTEE KRUPSKI: It is recommended that the structures are
relocated to achieve a greater setback and avoid the FEMA flood
zones to the greatest extent practicable, to avoid future loss.
MR. SAMUELS: I believe those comments from LWRP were prior to
the initial hearing in September. And since that point we have
moved the structure back.
TRUSTEE KRUPSKI: They are from September 18th.
TRUSTEE DOMINO: I guess we are discussing the greatest extent
practicable. Which your interpretation is slightly different from mine.
TRUSTEE WILLIAMS: Would your client be agreeable to moving that
back approximately 12 to 15 feet more, just the pool house, to
almost square it up more with the pool?
MR. SAMUELS: I'll leave my client--
MR. MIRRO: No.
MS. MOORE: What? No? We've reworked this many, many times and,
quite frankly, the neighbors were supportive of this project.
This project has been pushed back numerous times.
Board of Trustees 31 November 14, 2018
The LWRP coordinator keeps bringing up the same comments
every time we go to a board meeting, an application, and at this
rate he's running the Town because he's given the determination
for the Zoning Board and now gives the determination for the
Trustees. It's very frustrating because he should have one bite
at the apple. Not multiple bites. So I would object to his commentaries.
I think you have been given a plan that is more
environmentally friendly and appropriate than the existing
houses. Everything is pushed back. And it is behind the viewshed
line, which is what the Board uses. So we could have pushed our
house to that line, and we didn't. This is an accessory
structure that is not going to be higher, what, than 18 feet.
MS. MOORE: And if I could just point one thing out. Each of the
homes to the north and to the south here are two-story homes.
This is an 18-foot accessory structure. So it is minimal impact
on them as far as their viewshed. There is also vegetation, it's --
MR. SAMUELS: They are also on higher ground. The terrain on
both sides is higher.
MS. MOORE: So elevation-wise, both homes are higher.
TRUSTEE KRUPSKI: How far back was it already moved from the
initial September plans?
MR. SAMUELS: I don't have a number for you, Nick, but it was
somewhere between eight and ten feet back at that point. And
from the Zoning Board it was moved back another eight to ten
feet at that point. So it's been progressively moving back.
MS. MOORE: So we pushed it back 13 feet. It was originally at
30 feet from the bulkhead.
MR. SAMUELS: 13 feet.
MS. MOORE: And it was pushed back 13 feet. And that was from, I
have a January plan. So I'll just. Let me just give you a
chronology. The original plan was significantly closer in
January. We went to the Zoning Board, we incorporated the
Trustees' comments, because you made comments. It was pushed
back, let's see, so it was pushed back at the time it came to
you, this structure --
TRUSTEE WILLIAMS- Pat, in our initial notes, in a memo, we had
asked for 20 feet for that structure to be moved back. And it
went to the ZBA, and you guys moved it back 13 feet.
MS. MOORE: Yes.
TRUSTEE WILLIAMS: So our initial recommendation was to move it
back 20. Would you be agreeable to go to that 20 foot, so the
additional seven foot, so it would be within our initial recommendation?
MR. MIRRO: I'm Justin Mirro, the homeowner. Part of the problem
we have here is we are trying to preserve some very large mature
white maples, white oak trees. And as we start to push that back
we'll start running into two trees I'm trying to preserve. So
I'm very cautious that will damage those permanently.
MS. MOORE: You see the tree there, it's a big circle.
MR. SAMUELS: It's a well around that tree.
MS. MOORE: Oh, there are two large trees. I'll show you where
they are.
Board of Trustees 32 November 14, 2018
TRUSTEE KRUPSKI: If you cut into your pool patio slightly in
that direction, I mean you are sacrificing --
MR. MIRRO: I have to run all my plumbing for the pool underneath
there. I can't run it on the water side for the pool house.
So the original structure was 23 feet from the bulkhead. I
guess we interpreted your 20-foot back from that. We moved our
structure back 20 feet to 43 feet back. So it's considerably
back further. My original intention for this was to keep the
existing structure and renovate it where it stands. It's on a
basement foundation. It's a two-story structure. To keep that
where it is. But I consulted with my two neighbors, as you can
see in the letter, we discussed it with them, we decided to push
it back originally seven feet, and then on your recommendation
we pushed it back the other 13 feet. So we got back the 20
foot. I mean, the home that exists right now is pretty unique.
You can see how close it is to the water. It's pretty
spectacular to be that close to the water. An ideal situation I
would just like to keep that existing structure where it is. But
for some of the points that you pointed out, we are raising the
house, the elevation up a couple of feet, we are lowering the
roof line so it's actually the same elevation to our neighbors
but now we are pushing it back 20 feet to protect it from storm
damage. You know, I just would like to request the Trustees here
to, if we can keep it where it is right now. You can see it's
pretty complicated plans with a lot of drywells, a lot of
plumbing, we have geothermal wells, so it will be a very energy
efficient structure. Geothermal wells have to be so many feet
away from structures as well. And it fits. It all works very
nicely. My neighbors have all seen this. Nassau Point Property
Owners Association, I have a letter them, that they approved
this. My neighbors across the street have approved it. And I
feel it meets the requirements of the setback for our neighbors
as well. And I respectfully request that this meets your approval.
TRUSTEE KRUPSKI: Okay, thank you. Is there anyone else here that
wishes to speak regarding this application?
(Negative response).
Any comments from the Board?
(Negative response).
TRUSTEE DOMINO: I would like to respect the LWRP coordinator's
request to move this back as far as practicable. And I think
that's what some of us are attempting to do.
TRUSTEE BREDEMEYER: I think that's the guidance we gave to the
Zoning Board of Appeals. Its unusual that they ask us to take
things out of sequence and take a look at jobs ahead of their
review where they want environmental input, and we gave them our
environmental input.
TRUSTEE KRUPSKI: Taking that all into consideration, I make a
motion to close the hearing.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
Board of Trustees 33 November 14, 2018
TRUSTEE KRUPSKI: I make a motion to approve this application
based on the changes to the description of October 4th and the
new plans dated October 17th, noting that the structure was
pulled back 13 feet, the septic is out of jurisdiction, and they
did provide a partially-vegetated non-turf buffer. All of which
would bring this into consistency with the LWRP coordinator.
TRUSTEE DOMINO: I'll request a roll call vote
MR. HAGAN: You need a second on the motion.
TRUSTEE KRUPSKI: Is there a second?
(No response).
MR. HAGAN: The motion is dropped.
TRUSTEE KRUPSKI: Someone has to pick up another motion then.
MR. HAGAN: Is anyone else making a motion on this?
MS. MOORE: May we make request to table, that way we can
deliberate?
MR. HAGAN: I'm sorry, did I hear a request to table from --
MS. MOORE: A request to table that way we can deliberate?
MR. HAGAN: The public hearing has been closed but I mean, the
applicant has requested to table. And there has not been a vote
taken on the application.
Right now the public hearing is closed. The applicant has
made a request to table. You have the right to entertain the
request. They just won't be able to have public hearing going
forward unless the Board decides to make a motion to reopen the
public hearing in the future. But you have not voted on the
application to approve or deny at this time. So you are within
your bounds to table, should the Board so see fit.
TRUSTEE KRUPSKI: Based on the feelings from the applicant's
expediter, do any Board members wish to table this?
TRUSTEE BREDEMEYER: I move to table at of the request of the
applicant.
TRUSTEE WILLIAMS: I would be agreeable.
MR. HAGAN: Is there a second on the motion?
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: Motion made to table and seconded. All in favor?
(ALL AYES).
TRUSTEE DOMINO: We'll take a five-minute recess.
(After a recess, these proceedings continue as follows).
TRUSTEE DOMINO: Okay, we are back on the record. Number two,
Steven Kramer on behalf of LAWRENCE HOLFEDER requests a Wetland
Permit to demolish side walls and pier foundation of existing
300sq.ft. sun room located on the seaward side and construct a
300sq.ft. seasonal sun room in-place; and to replace two (2)
2'x8' brick entry steps and repair existing 4'x8' gravel and
stone platform at base of steps if needed.
Located: 6600 Great Peconic Bay Boulevard, Laurel.
SCTM# 1000-126-11-1
The Trustees did a field inspection, actually represented
by Trustee Glenn Goldsmith on 10/14/2018. It's a straightforward
Board of Trustees 34 November 14, 2018
replacement with a sun room. Gutters to leaders to drywells was
suggested. Questioned an existing deck. New plans submitted on
10/31 showing the drywells.
The LWRP coordinator found this to be consistent.
And the Conservation Advisory Council on October 15th,
resolved to support the application.
Is there anyone here to speak to this application?
(Negative response).
Any questions or comments from the Board?
(Negative response).
TRUSTEE DOMINO: Hearing no questions or comments, I make a
motion to close this hearing.
TRUSTEE KRUPSKI: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE DOMINO: I make a motion to approve this application as
submitted, noting that it is straightforward.
TRUSTEE KRUPSKI: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: Number three, the next application, Michael
Kimack on behalf of 8100 HORTONS LANE, LLC requests a Wetland
Permit to demolish existing one-story dwelling with garage,
foundation, outdoor shower, porches, steps, cesspool, water
well, shed, and stepping stones; backfill disturbed areas;
construct an elevated three-story, 2,205sq.ft. dwelling with
68sq.ft. of 4' wide on-grade boardwalks; proposed 199sq.ft. of
on-grade masonry landings; proposed 48sq.ft. raised equipment
platform; proposed raised 4' wide by 196' long (784sq.ft.)
boardwalk using thru-flow decking; install a sanitary system;
and install gutters to leaders to drywells to contain roof
runoff, and in accordance with Chapter 236 of the Town
Code-Stormwater Management.
Located: 8100 Hortons Lane, Southold. SCTM# 1000-54-4-31
This project has been deemed consistent. And the
Conservation Advisory Council supported this project.
This application was tabled for the submission of revised
plans that were going to detail an IA sanitary system that the
Board requested, as well as the elimination of the catwalk. So
there is a path as opposed to the elevated catwalk to the beach.
Is there anyone here to speak to this application?
MS. KRAMER: I'm Meryl Kramer, on behalf of the owners, here to
answer any questions you might have. We removed the walkway to
the beach and indicated the label of an IA system, which we had
already planned to have on the site plans.
TRUSTEE BREDEMEYER: Thank you. Any questions from the Board?
(Negative response).
Hearing no questions, I'll make a motion to close the hearing.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
Board of Trustees 35 November 14, 2018
(ALL AYES).
TRUSTEE BREDEMEYER: I would move to approve this application
based on the revised site plan dated November 2nd, received in
the Trustees office, and -- excuse me, dated November 2nd and
received in the Trustee office November 8th. Motion to approve.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
MS. KRAMER: Thank you.
TRUSTEE WILLIAMS: Jeff Patanjo on behalf of BARBARA HAZARD
requests a Wetland Permit to install a 4'x70' fixed dock using
thru-flow decking and supported with 8" diameter piles; install
a 30"x16' aluminum ramp; install a 6'x20' floating dock using
un-treated decking, supported by four (4) 10" diameter piles,
and the use of cross-braces to support the floating dock a
minimum of 30" off bottom at all times; clear and establish a 4'
wide by 125' long pedestrian path that leads to the proposed
docking facility; and to perform limited tree limbing within the
100' buffer area, and as per covenants and restrictions
established on the property.
Located: 1575 Harbor Lane, Cutchogue. SCTM# 1000-103-2-1.2
On November 7th, the Trustees visited the property. All
Trustees were present. Notes on the following were the docks
look good and limited trimming is allowed.
The Conservation Advisory Council voted to support the
application.
The LWRP found the project to be inconsistent with policy
standards. The dock structure is proposed within a New York
State significant coastal fish and wildlife habitat area, New
York State DEC critical environmental area. At the discretion
of the Board of Trustees any operations proposed in critical
environmental areas may be subject to more stringent
requirements than detailed in this section. Such requirements
may include but are not limited to denial of certain operations,
shortening or reducing the size of the structures,
non-disturbance buffers. Also notes the continued expansion of
construction of dock structures within a significant fish and
wildlife habitat critical environmental area may reduce public
use and degrade the ecological quality of the area through the
introduction of contaminants, disruption of marine life
habitats, etc. Correspondingly, physical and functional loss to
wildlife has been found to occur through loss and/or impairment
of habitat, destruction of habitat, migration patterns,
structure and activity, and introduction of harmful contaminants.
In addition, note that the proposed dock structure is a
structure encroaches into the non-disturbance buffer and does
not comply with the clauses 5-A and 5-F of the filed covenants
and restrictions. Covenant and restrictions LD1 0001 2953P1 14.
In the event the dock is approved, the section of elevated
pier between the tidal wetland line and the top of bank would
Board of Trustees 36 November 14, 2018
need to be removed.
The limbing of trees in the non-disturbance buffer complies
with the document and is recommended at as consistent. The
topping of trees is not permitted.
At this point I would like to open the public hearing. Is
there anyone here that wishes to speak to this application?
MR. PATANJO: Jeff Patanjo on behalf of the applicant. You throw
me for a loop here. Because I don't have the covenants and
restrictions here. Does anyone have covenants and restrictions
in the room?
TRUSTEE WILLIAMS: If I could say something. The Trustees did
review the covenants and restrictions. If you were to shorten
the catwalk and move it -- shorten it, removing the most
landward end of it, you would then comply with the covenants and
restrictions. So at this point, you may want to consider tabling
the application to amend the plan to adhere to the covenants and
restrictions.
MR. HAZARD: What did you say about 5-A? I believe was noted on
that?
TRUSTEE WILLIAMS: In the covenants and restrictions --
MR. PATANJO: I would like to clarify, the covenants and
restrictions --
TRUSTEE WILLIAMS: 5-A and 5-F of the filed covenants and
restrictions.
MR. HAZARD: 5-A is for lot one, it says on there. This
application --
TRUSTEE WILLIAMS: I'm going to defer to our Assistant Town
Attorney.
MR. HAGAN: At the direction of Trustee Williams, I'll point out,
on your covenants and restrictions, the one that the LWRP
coordinator is referencing is located on page five of your
covenants and restrictions, specifically letter F. So it's 5-F
under covenants and restrictions which states: No structures
are permitted in non-disturbance buffers except for a fence
along the property line.
So where you have a, your walkway starting from essentially
top of bluff, to that edge, sorry, top of bank to that start of
the tidal wetlands line on your survey, that technically is in
the non-disturbance zone and would be considered a structure.
So a violation of the covenant and restriction. Do you have the
plan out?
MR. PATANJO: I have my plan. I just want to know where the
non-disturbance buffer is identified.
MR. HAGAN: That is the inconsistency (indicating).
For the sake of the Trustees -- so I can clarify for the
record, at the direction of the Trustees, I went and pointed out
the section that the LWRP coordinator is referring to, which
falls within the hundred-foot non-disturbance buffer and would
be considered a structure within that section.
Sir, is there an application by the applicant?
MR. PATANJO: Prior to asking for an adjournment or tabling of
Board of Trustees 37 November 14, 2018
this application for revised plans, is there any other items
that the Trustees feel need to be addressed?
TRUSTEE KRUPSKI: Could you also put on your site plan the
non-disturbance? Just for bookkeeping.
MR. PATANJO: Add the non-disturbance buffer, which is
essentially the landward edge of the tidal wetland line.
MR. HAGAN: It does appear on previous plans that were submitted.
The plan, it's just not on this one.
TRUSTEE KRUPSKI: Right. Just for the sense of clearing
everything up, so our ducks are in a row.
TRUSTEE WILLIAMS: The applicant has requested the application be
tabled. Are there any other comments from the Board before I
make a motion to table the application?
(No comments).
TRUSTEE KRUPSKI: Second.
TRUSTEE DOMINO: Motion made and seconded. All in favor?
(ALL AYES).
TRUSTEE KRUPSKI: Number five, Jeffrey Patanjo on behalf of
JOSEPH & MAUREEN COOGAN requests a Wetland Permit to remove and
replace in-place 144 linear feet of existing bulkheading with
new vinyl bulkheading; remove existing 5'x18' and 7'x16' brick
walkway landward of bulkhead and replace in-place a new walkway
using non-treated decking; and to install two (2) 10" diameter
tie-off piles adjacent to and seaward of existing floating dock.
Located: 1875 Calves Neck Road, Southold. SCTM# 1000-70-4-48
The Trustees last visited this site on the 7th of November
and noted bulkheaded area seaward of vinyl bulkhead be removed.
Length of dock proposed must be clarified. Check permit history.
The LWRP coordinator found this to be consistent.
And the Conservation Advisory Council resolved to support
this application.
Is there anyone here that wishes to speak regarding this
application?
MR. PATANJO: Jeff Patanjo, on behalf of the applicant.
I do currently have a DEC permit in hand for the work and
if you have any other questions, I would be happy to answer
them.
TRUSTEE KRUPSKI: So the comments from the Board, obviously we
originally noted about that potential land grab. It turns out
it's a permanent structure after doing a file review there.
Okay, any other comments from the Board?
(Negative response).
Is there anyone else here who wishes to speak to this application?
(Negative response).
TRUSTEE KRUPSKI: Hearing none, I'll make a motion to close the
hearing.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE KRUPSKI: I'll make a motion to approve this application
Board of Trustees 38 November 14, 2018
as submitted.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE DOMINO: Number six, Jeffrey Patanjo on behalf of BRIAN
PARKER & SHERI WINTER CLARRY requests a Wetland Permit to remove
existing timber bulkhead and construct approximately 15'
landward of existing 101 linear feet of new vinyl bulkheading
with a 6' wide by ±95' long and 6' wide by ±15' long non-treated
lumber decking along the landward edges of the new bulkheading;
remove approximately 125 cubic yards of fill from the landward
side of exiting bulkhead in order to construct new more landward
bulkheading; install a 5'x5' cantilevered platform; a 30"x14'
aluminum ramp; and a 6'x20' floating dock secured by two (2) 10"
diameter piles; and to install and perpetually maintain a 10'
wide non-turf buffer which is inclusive of the decking along the
landward edges of the bulkhead.
Located: 225 Williamsburg Drive, Southold. SCTM# 1000-78-5-14
The Trustees did a field inspection, the most recent field
inspection of this property on November 5th, 2018. All Trustees
were present. The notes show that the application is straightforward.
The LWRP coordinator found this to be consistent and
inconsistent. The inconsistency arises from the section 6.3,
that no permits were found for the existing bulkhead.
The Conservation Advisory Council on October 15th
unanimously voted to support this application.
Is there anyone here to speak to this application?
MR. PATANJO: Jeff Patanjo on behalf of the applicant. If you
have any questions, I would be happy to answer them.
TRUSTEE DOMINO: Regarding the LWRP coordinator's request for a
ten-foot non-turf buffer in the plans.
MR. PATANJO: We have five foot with deck and five foot with
non-turf.
TRUSTEE DOMINO. Also he requests we require turbidity controls.
MR. PATANJO: None of that is a requirement that the DEC would
dictate. I have yet to receive a DEC permit on this application.
They are currently under review of it, so if the Trustees are
requiring one, we can make that a condition, if that's a
possibility, if we can walk away with an approval tonight.
TRUSTEE KRUPSKI: I don't think the DEC will be upset.
MR. PATANJO: They're not going to complain.
TRUSTEE DOMINO: Anyone else here to speak to this application?
(Negative response).
No questions or comment from the Board?
(Negative response).
Hearing none, I'll make a motion to close this hearing.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE DOMINO: I'll make a motion to approve this application
Board of Trustees 39 November 14, 2018
with the condition that turbidity controls be in place.
TRUSTEE KRUPSKI: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: The next application, number seven, Jeffrey
Patanjo on behalf of David Rohde and Anthony Crowell. This is
similar in many respects to the hearings that will also follow
it, numbers eight, nine, ten, eleven and 12. So seven through 12
have similar components in that each is a component unit
bulkhead that is part of, which encloses a manmade waterway in
the Harbor Lights subdivision. And they are all interconnected.
So we will open and close each hearing, and ideally move, page
through concerns we have for each of them and possibly repeat
concerns that we have in common as we go through.
So for the this first one, we are opening up Jeffrey
Patanjo on behalf of DAVID ROHDE &ANTHONY CROWELL requests a
Wetland Permit to remove and replace 45 linear feet of existing
timber bulkhead with new vinyl bulkhead in-place; existing
3.5'x22' steps to remain; existing 15'x17' brick patio to
remain; existing 32' long by 5' wide timber walk to remain;
existing 5' wide by 25' long timber walk to remain, and existing
T wide by 20' long timber walk to remain.
Located: 1615 Anchor Lane, Southold. SCTM# 1000-79-4-6.1
The project has been deemed to be inconsistent with the
LWRP in that there are structures that never received a Trustee
permit. Most of the construction was all performed before the
wetland permit requirements.
The Conservation Advisory Council has voted to approve it.
There was a specific question from the LWRP coordinator to
provide any clarification on the five-foot easement that is
referenced on the site plans right at the waterfront. I don't
know if that is material. It was just a suggestion recommended
it be clarified the use of the easement. I'm not sure what the
Assistant Town Attorney says on that. It was from the LWRP. And
requests turbidity controls.
Is there anyone here that wishes to speak to this application?
MR. PATANJO: Jeff Patanjo on behalf of the applicant.
MR. HAGAN: Just so we can be clear for the record, we are
welcoming public commentary for all applications seven through
12 at this time, based on the interconnectivity of all the projects.
TRUSTEE BREDEMEYER: We can open comments on all of them,
and open and close each hearing.
MR. PATANJO: Jeff Patanjo, on behalf of the applicant, and
applicants, I can add. We have DEC permits for all these
projects seven through 12. One of the questions that was just
asked is the five-foot wide easements. Most of these properties
have easements through other people's lands to gain access to
their boats. As you'll see, some of these, such as Pasquale
lannucci, he doesn't have waterfront property. He has property
over here. So he has a five-foot easement through other
Board of Trustees 40 November 14, 2018
property.
TRUSTEE BREDEMEYER: To get to those lots.
MR. PATANJO: Right. These projects are nothing more than remove
and replace bulkheads.
TRUSTEE BREDEMEYER: Is there anyone else here that wishes to
speak to this application? And all other, seven, eight, nine,
ten, eleven and 12.
(No response).
Seeing no one coming forward, are there any Trustee
comments specifically for seven, eight, nine, ten, eleven, 12 at
this point?
We'll close each one separately.
TRUSTEE WILLIAMS: I have a question. Any discussion on turbidity
controls on that project?
TRUSTEE BREDEMEYER: That would be a requirement on seven, eight,
nine, ten, eleven and 12.
MR. PATANJO: I just want to check to see if there are any
special conditions in the DEC permit. (Perusing). They are not
asking for any specifics. It will be typical construction
methods. DEC didn't request any.
TRUSTEE BREDEMEYER: Okay, any questions or concerns, additional
questions?
(No response).
Seeing none, I'll make a motion to close the hearing.
TRUSTEE KRUPSKI: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: Motion to approve this application as
submitted, subject to turbidity controls, especially as part of
subpart of a project that will include four other properties as
well. Written as is will bring it into --this and permitting
will bring it into consistency with the LWRP.
TRUSTEE KRUPSKI: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE WILLIAMS: Number eight, Jeffrey Patanjo on behalf of
JEFFREY & SAMANTHA HEIDTMANN requests a Wetland Permit
to remove and replace 25 linear feet of existing timber bulkhead with
new vinyl bulkhead in-place; remove and replace existing 6' wide by
±25' long timber deck in-place using non-treated timber decking;
and for the as-built 2.5'x12' adjustable ramp to a 6'x18' floating dock.
Located: 1725 Anchor Lane, Southold. SCTM# 1000-71-2-25
The Trustees visited this site on November 7th, 2018. All
Trustees were present, and we found the project to be straightforward.
I don't see any notes in here from the Conservation Advisory Council.
The LWRP coordinator found this project to be inconsistent
noting that it would require turbidity controls to bring it into compliance.
Is there anyone here to speak to this application?
MR. PATANJO: Jeff Patanjo, if you have any questions.
TRUSTEE WILLIAMS: Any questions from the Board?
Board of Trustees 41 November 14, 2018
(Negative response).
Anyone else wish to speak to the application?
(Negative response).
I'll make a motion to close the public hearing.
TRUSTEE BREDEMEYER: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE WILLIAMS: I make a motion to approve the application
with the addition of turbidity controls to bring it into
compliance with the LWRP. That's my motion. So to clear up the
inconsistency and bring it into consistency with the permit.
TRUSTEE BREDEMEYER: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE KRUPSKI: Number nine, Jeffrey Patanjo on behalf of
PASQUALE & EMILY IANNUCCI requests a Wetland Permit to remove
existing timber bulkhead and construct 25 linear feet of new
vinyl bulkhead landward of existing; construct a new 5' vinyl
return; remove existing 5'x22'floating dock and install a 4'x5'
cantilevered timber platform; a 30"x12' aluminum ramp; and a
6'x20' floating dock in new landward location of existing;
install a new 5' wide non-treated wood walkway along the
landward edge of new bulkhead; included in the work is the
removal of approximately 15 cubic yards of fill from landward
side of bulkhead prior to its relocation.
Located: Property Off Anchor Lane, Southold. SCTM# 1000-71-2-27.
The Trustees reviewed this application, November 7th, 2018,
noted it was in conjunction with other applications in the area
and that it was very straightforward.
The LWRP coordinator found he would also like turbidity
control and there was no prior permit for this bulkhead for this
parcel.
The Conservation Advisory Council resolved to support the
application.
Is there anyone here that wishes to speak regarding this
application?
MR. PATANJO: Jeff Patanjo, on behalf of the applicant. If you
have any questions, I'll be happy to answer them.
TRUSTEE KRUPSKI: I think we covered it with the prior permits.
Any other comments from the Board regarding this specific
application.
(Negative response).
Hearing none, I make a motion to close the public hearing.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE KRUPSKI: I make a motion to approve this application
with the stipulation of turbidity controls and noting by
permitting this structure it will thereby bring this application
into consistency with the LWRP coordinator.
Board of Trustees 42 November 14, 2018
TRUSTEE BREDEMEYER: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE DOMINO: Number ten, Jeffrey Patanjo on behalf of KARLA
SALADINO requests a Wetland Permit to remove existing timber
bulkhead and partial in-place and partial landward replacement
of 107 linear feet of new vinyl bulkhead; remove approximately
30 cubic yards of fill from landward side of bulkhead prior to
its relocation; existing ±5'x5' cantilevered platform; 3'x12'
ramp; and 6'x40' floating dock to remain in its current
location; existing 6' wide by 72' long wood deck along bulkhead
to be removed and replaced in-kind and in-place of existing; and
existing 4' wide stone walkway and steps landward of existing
wood deck to remain in-place.
Located: 1515 Anchor Lane, Southold. SCTM# 1000-79-4-5
The LWRP coordinator found this to be consistent. Did not
request turbidity controls to be in compliance with Chapter 275.
The Trustees did field inspection November 7th, noting the
application was straightforward.
The Conservation Advisory Council on October 15th, resolved
to support the application.
Is there anyone here to speak to this application?
MR. PATANJO: Jeff Patanjo, on behalf of the applicant, if you
have any questions.
TRUSTEE DOMINO: Does anyone else wish to speak to this
application?
(Negative response).
No questions or comments. I'll make a motion to close this
hearing.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE DOMINO: I'll make a motion to approve this application
with the understanding that there will be turbidity controls in
compliance with Chapter 275.
TRUSTEE KRUPSKI: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: Next application, number eleven, Jeffrey
Patanjo on behalf of FOROSICH FAMILY IRREVOCABLE TRUST requests
a Wetland Permit to remove existing timber bulkhead and
construct 50 linear feet of new vinyl bulkhead landward of
existing; remove existing 6'x20' floating dock and install a
4'x5' timber platform; a 30"x12' aluminum ramp; and a 6'x20'
floating dock in new landward location of existing; install new
5' wide non-treated walkway along the landward edge of new
bulkhead; and to remove approximately 15 cubic yards of fill
from the landward side of bulkhead prior to its relocation.
Located: 1405 Anchor Lane, Southold. SCTM# 1000-79-4-4.1
Board of Trustees 43 November 14, 2018
This project has been deemed inconsistent with the LWRP for
meeting complying with Trustee permit conditions and being
permitted and the recommendation includes a recommendation for
turbidity controls.
The Conservation Advisory Council has voted to support this
application.
We have information from the clerk of the Trustees that the
Building Department will need clarification that the deck is
actually on-grade or it would have to be referred to the Zoning
Board of Appeals.
And the Board of Trustees viewed this application as we did
others of the neighbors heretofore discussed at our November 7th
field inspection.
Is there anyone here wishing to speak to this application?
MR. PATANJO: Jeff Patanjo, on behalf of the applicant. This one
we need to have a slight discussion regarding the deck with the
ZBA. It will be at grade. And I spoke with Amanda this morning
about that, and said we would clear it up here, as far as that
being, it being on-grade.
TRUSTEE BREDEMEYER: Okay. For us, we are not ZBA either, so it
would appear that maybe just the addition of the word on the
plans on-grade deck. Because there was appeared to be a grade
line for us, but we can't make determinations for them and they
can't for us.
TRUSTEE WILLIAMS: There was a line there, it was evident was the
grade
MR. PATANJO: Does that mean just send Amanda revised plans?
TRUSTEE BREDEMEYER: Yes, not us. We were satisfied with the
plans. Any questions? Does anyone else wish to speak to this?
(Negative response).
Trustee comments?
(Negative response).
I make a motion to close the hearing in this matter.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: I would make a motion to approve this
application as submitted, noting by issuing a permit and
stipulating the need for a silt curtain, turbidity controls,
will bring this into consistency. Accordingly, I move to approve
this application.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE WILLIAMS: Number 12, Jeffrey Patanjo on behalf of LEAH
ZARA & RICHARD KASNIA requests a Wetland Permit to remove
existing timber bulkhead and replace in-place 50 linear feet of
new vinyl bulkhead, and to raise the height an additional 12";
install new 6' wide non-treated walkway along the landward edge
of the proposed bulkhead; and for the two (2) as-built 2' wide
Board of Trustees 44 November 14, 2018
by 14' long ramps and two (2) 6'x20' floating docks off
bulkhead.
Located: 400 Windjammer Lane, Southold. SCTM# 1000-79-4-8.1
The Trustees visited the site on November 7th, 2018. All
Trustees were present, with notes that the application was
straightforward.
The Conservation Advisory Council did review the
application and they resolved to support the application with
the notes of a non-turf vegetated buffer.
The LWRP coordinator found this project to be
inconsistent. The inconsistency is locating two docks on one
residential lot is not permitted pursuant to Section 275-11 Town
Code. Only one catwalk may be permitted per residential lot and
only one mooring per dock may be permitted per residential lot.
In addition, the LWRP would like to see turbidity controls
to bring it into compliance.
Is anybody here that wishes to speak to this application.
MR. PATANJO: Jeff Patanjo on behalf of applicant. We do have
outlined on the proposed plan a ten-foot wide non-turf buffer.
And with regard to two docks on one piece of property, they
actually owned two separate lots, and these were pre-existing
docks on two separate lots in which they merged the properties
into one.
TRUSTEE WILLIAMS: I have to read his comments. We did inspect it
and we are aware of the situation. Any other comments, Mr. Patanjo?
MR. PATANJO: That's all.
TRUSTEE WILLIAMS: Anyone else wish to speak to this application?
(Negative response).
Any questions from the Board?
(Negative response).
I make a motion to close the public hearing.
TRUSTEE BREDEMEYER: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE WILLIAMS: I make a motion to approve the application
with the addition of turbidity controls and noting that the
docks are pre-existing non-conforming constructed prior to the
current code and will be permitted by this application, bringing
it into conformity. That is my motion.
TRUSTEE BREDEMEYER: Second.
TRUSTEE DOMINO: Motion made and seconded. All in favor?
(ALL AYES).
TRUSTEE KRUPSKI: Number 13, Winston Ely on behalf of JOAN
O'LEARY requests a Wetland Permit for the existing 2,381 sq.ft.
Dwelling with attached garage and enclosed porch on slab
foundation; construct additions and alterations to existing
dwelling for a proposed 3,143sq.ft. two-story dwelling
consisting of demolishing existing front and back wood decks;
demolish 94sq.ft. section connecting dwelling to garage; remove
entire roof; remove existing chimney and install new; construct
Board of Trustees 45 November 14, 2018
a 221 sq.ft. one-story addition on slab foundation onto eastern
side of dwelling; construct a 191sq.ft. two-story addition with
basement foundation (for mechanical room) on south-western side
of dwelling; construct a 763sq.ft. second-story addition on
westerly side of dwelling; construct new roof on dwelling and
now 414sq.ft. detached garage; install 266sq.ft. of permeable
12"x18" cut bluestone patio with open sand swept joints and
stone reservoir below on the landward side of dwelling; install
1,036sq.ft. (16'x64'9") of permeable 12"x18" cut bluestone patio
with open sand swept joints and stone reservoir below against
the seaward side of the dwelling; install 513sq.ft. of permeable
pea gravel (with stone reservoir below) walkways along the
western side of the dwelling; widen and replace existing
716sq.ft., 19' wide driveway to 24' wide using permeable pea
gravel with stone reservoir below; install 200sq.ft. of
permeable bluestone slabs set into grass with stone reservoir
below on landward side of dwelling; install electric solar array
on new roof; install a 4'x12' concrete mechanical pad on the
eastern side for A/C compressors; install planting areas around
dwelling; install a 25' wide and 3' tall wooden farm fence on
the western side of the garage extending to the western property
line with a 4' gate; abandon existing septic system and install
new septic system landward of dwelling; and to install gutters
to leaders to drywells, and in accordance with Chapter 236 of
the Town Code-Stormwater Management.
Located: 770 Old Salt Road, Mattituck. SCTM# 1000-144-5-14
The Trustees visited this site on the 7th of November. They
recommended an IA system, but found the rest of the project to
be pretty straightforward.
The LWRP coordinator found this to be consistent, and
recommends an IA system as well.
The Conservation Advisory Council did not make an
inspection to this but they reviewed this plan and support the
application as submitted.
Is there anyone here to speak to this application?
MR. ELY: Winston Ely on behalf of the O'Leary's.
TRUSTEE KRUPSKI: We met with you in the field and it was all a
pretty straightforward application.
Any comments from the Board, members of the Board on this?
(Negative response).
After further review, the IA system is outside of our
jurisdiction. Did you consider an IA system?
MR. ELY: I did. They don't want to do that. I do support it,
but at this point, it's not applied for.
We do have, I do have just a clarification. I talked to
one of the, Mr. Domino, about the beginning here. It sounds
like the DEC application that we put forth and is pending a
non-jurisdiction letter is kind of moot at this point, because
the SEQRA under review and, sorry, the Type Two action at the
beginning of the agenda. So that means the application is not
necessary at this point; is that correct?
Board of Trustees 46 November 14, 2018
TRUSTEE KRUPSKI: You still need a DEC permit.
MR. HAGAN: Yes, you need a DEC permit or non-jurisdiction letter
from the DEC.
TRUSTEE KRUPSKI: But it's not necessarily related to us. It's
not related to this hearing tonight and this application. So
that's a part of SEQRA and that's just a misinterpretation of
the language, essentially. So you do need a DEC permit but
that's not something that will effect our determination.
MR. ELY: Thank you, for the clarification. I wanted to make
sure I understood that. I'm new out here, so.
TRUSTEE KRUPSKI: Absolutely. No other comments from the Board.
Anyone else here who wishes to speak regarding this application?
(No response).
Hearing no other comments, I make a motion to close the public
hearing.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE KRUPSKI: And I make a motion to approve this application
as submitted.
TRUSTEE BREDEMEYER: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
MR. ELY: Thank you
TRUSTEE DOMINO: Number 14, Suffolk Environmental Consulting,
Inc. on behalf of CHRISTIAN & CAROL ZIMMER requests a Wetland
Permit for the existing one-story 2,918sq.ft. dwelling and to
construct a 23'x26.5' (irregular 303sq.ft.) addition onto the
landward side of the dwelling; a 10'x16' (160sq.ft.) addition
off the northeastern corner of the dwelling; and a 16'x16.1'
(266sq.ft.) addition off the southeastern corner of the dwelling
and partially over an existing 360sq.ft. brick patio which will
reduce the total brick patio area to approximately 188sq.ft.
Located: 7525 Nassau Point Road, Cutchogue. SCTM# 1000-118-4-3
The Trustees did a field inspection on November 7th, notes
include the need for gutters to leaders to drywells. The project
looks okay. And to check on the lower deck.
The LWRP coordinator found this to be consistent.
And the Conservation Advisory Council on November 7th
resolved unanimously to support this application.
Is there anyone here to speak to this application?
MR. ANDERSON: Bruce Anderson, Suffolk Environmental Consulting
for the applicant.
The Zimmer's, just so you know, we also had to go to the
Zoning Board of Appeals and approve our application. That's in
your file jacket somewhere. And that the requirements of the
storm water regulations will be complied with, and we have plans
for that. It's basically a squaring off of a one-story house
with no further encroachment on the water. I'll answer any
questions you may have.
Board of Trustees 47 November 14, 2018
TRUSTEE DOMINO: Can you speak to the, about the large deck
behind the bulkhead?
TRUSTEE WILLIAMS: You go down the stairs to get to the bulkhead,
there is a relatively new wooden deck that is beyond the
allowable 150 square foot.
MR. ANDERSON: I believe the Trustees approved that deck.
TRUSTEE DOMINO: Would the applicant be amendable, under our new
procedures, to tabling this application for new plans showing
gutters to leaders to drywells?
MR. ANDERSON: Well, I have a copy of the plan that would be
implemented if that would save tabling it so we could move
forward. We are anticipating putting together a building permit
and we have already prepared the storm water plans. We just have
not submitted them.
TRUSTEE DOMINO: Would it be possible to show us?
MR. ANDERSON: Sure.
MR. HAGAN: Do you have leaders to gutters to drywells?
MR. ANDERSON: Yes.
TRUSTEE KRUPSKI: For future reference, our attorneys are telling
us we can't move forward unless everything is right. Fortunately
you had it tonight. But to save you time.
MR. ANDERSON: I'm glad I know that. I'm glad I have a copy.
TRUSTEE BREDEMEYER: You have not been here for a while. The
policy has been we cannot do conditioned approvals with plans
submitted later.
MR. ANDERSON: That's fine. As long as I know about it
MR. HAGAN: Let me phrase that better, for the sake of the
record. The Trustees would prefer to table the application
pending submission of a full and complete plan. That's your
official statement.
TRUSTEE BREDEMEYER: It's the official statement for the record.
TRUSTEE DOMINO: Also for the record, we note that we received
today, November 14th, Joseph Fischetti's plan showing gutters to
leaders to drywells.
MR. ANDERSON: Thank you, sir.
TRUSTEE DOMINO: Is there anyone else here who wishes to speak to
this application?
(Negative response).
Hearing no further comments, I make a motion to close this
hearing.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE DOMINO: I make a motion to approve this application,
recognizing that the new plans address any concerns the Trustees
had regarding gutters to leaders to drywells.
TRUSTEE BREDEMEYER: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: The next application, number 15, Suffolk
Board of Trustees 48 November 14, 2018
Environmental Consulting on behalf of JANICE FLAHERTY requests a
Wetland Permit to replace the bottom portion of existing storm
damaged bluff stairs with railings consisting of an existing
3'x8' set of stairs at top of bluff leading to a 5'6"x6' upper
platform to 3'x12' stairs leading to a 4'x6' middle landing to
3'x20' stairs to a proposed 4'x6' lower landing supported by
four (4) 4"x4" posts leading to proposed 3'x11' stairs with
attendant railings to beach.
Located: 90 The Strand, East Marion. SCTM# 1000-21-5-8
This project is deemed inconsistent in that the original
stairs which likely predate the Trustee permits did not have a
permit and/or are as-built for which the application was made on
an as-built basis. And therefore it can be brought into
consistency through the permit process.
The Conservation Advisory Council has voted to support the
application with the advice that the stairs be made retractable,
the lower section be made retractable up to the fifth riser.
I performed a field inspection on behalf of the Board on
November 8th, noting that the bottom was torn up by one of the
other major nor'easter storms, possibly Grayson, and it is a
straightforward beach stairs of modest design.
Is there anyone here to speak to this application?
MR. ANDERSON: Bruce Anderson, Suffolk Environmental Consulting,
for the applicant. I really don't have anything to add, other
than the lower section was destroyed as a result of Hurricane
Sandy.
TRUSTEE BREDEMEYER: It was not just Grayson. Yes, I know the
whole beach on East Marion and Orient got cut additionally with
that nasty nor'easter Grayson.
MR. ANDERSON: The retractable stairs that we'll do, usually we
bring a landing down to the base and bring the stairs inside.
There has to be a way of picking them up. I'm not sure how to do
that without actually creating more structure. So I'm just
hoping the stairs as designed can be approved as they are.
TRUSTEE BREDEMEYER: They simply hinge back onto themselves.
MR. ANDERSON: Break away, I understand that. So it doesn't take
out the whole structure.
TRUSTEE BREDEMEYER: Or unbolt it.
TRUSTEE KRUPSKI: Was it removable or retractable?
TRUSTEE BREDEMEYER: Retractable, I believe. It's so the stairs
can be taken down easily, it makes sense so, they don't end up
floating around.
TRUSTEE KRUPSKI: Or stairs that can be taken down in the event
of a large --
MR. ANDERSON: It sort of is, because there is no anchoring
foundation on the lower part of the stairs, if you look at the
way it's designed. It hangs off.
TRUSTEE BREDEMEYER: By two bolts, actually. They simply ask
retractable. But since they are not hanging off the bulkhead.
MR. ANDERSON: Right. Because we do mostly davits.
TRUSTEE BREDEMEYER: Which I think --there is no bulkhead there.
Board of Trustees 49 November 14, 2018
So it's logical they can just unbolt the last. I think put it
on the record because it's the advice of the Conservation
Advisory Council.
MR. ANDERSON: It's a thoughtful comment.
TRUSTEE BREDEMEYER: Is there anyone else here who wishes to
speak to this application?
(No response).
Seeing no one, any Trustees comment?
(Negative response).
Motion to close the hearing in this matter.
TRUSTEE KRUPSKI: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE BREDEMEYER: I move to approve this application as
Submitted, with the recommendation that the lower section of the
stairs be able to be removed.
MR. HAGAN: Is it a condition or recommendation?
TRUSTEE BREDEMEYER: I would move to approve this application as
submitted.
Okay, the Chairman has made a suggestion.
TRUSTEE KRUPSKI: Do you want to rescind the current--
TRUSTEE BREDEMEYER: Move to approve the application as submitted
with the stipulation that the capability of removing a lower
section with an impending storm.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
MR. ANDERSON: Thank you.
TRUSTEE WILLIAMS: Number 16, Suffolk Environmental Consulting on
behalf of PETER & ELAINE PSYLLOS request a Wetland Permit to
construct a bluff stairway comprised of the following (landward
to seaward): 4'x6' top access ramp; 4'x8' top access platform;
4'x53' stair flight I; 4'x8' upper platform; 4'x53' stair flight
II; 4'x8' middle platform; 4'x53' stair flight III; 4'x8' lower
platform; 4'x28' stair flight IV; 4'x8' bottom platform; and
4'x15' aluminum hinged ramp; proposed stairway to use 6"x6"
timber posts as support; 2"x10" for framing; 2"x12" for all
stair stringers; 2"x12"x4' treads; stainless steel or ceramic
coated fasteners; and any areas of potential disturbance of the
bluff/shoreline during construction to be restored to its
natural state. Located, 2886 Ruth Road, Mattituck. SCTM#
1000-105-2-1
The Trustees have been to this site numerous times. We did
review this application inhouse on Friday, November 7th.
We have notes from the Conservation Advisory Council that
they did not make an inspection. They did review the plans and
recommend stairs are constructed at the highest elevation
possible over bluff vegetation and with minimal disturbance to
the bluff during construction.
The LWRP coordinator found this project to be consistent.
Board of Trustees 50 November 14, 2018
Is there anyone here to speak to this application?
MR. ANDERSON: Bruce Anderson, Suffolk Environmental Consulting.
I'm here to answer any questions you may have.
TRUSTEE WILLIAMS: Is there anyone else here who wishes to speak
to this application?
(Negative response).
Any questions or comments from the Board?
(Negative response).
TRUSTEE WILLIAMS: I make a motion to close the public hearing.
TRUSTEE KRUPSKI: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
TRUSTEE WILLIAMS: I make a motion to approve the application as
submitted.
TRUSTEE KRUPSKI: Second.
TRUSTEE DOMINO: All in favor?
(ALL AYES).
MR. ANDERSON: Thank you, all, very much.
TRUSTEE KRUPSKI: Number 17, J.M.O. Environmental Consulting on
behalf of CHARLES & BRENDA GRIMES requests a Wetland Permit to
construct a 15'x24' bluestone patio on sand; stepping stone
paths; 4'x6' steps; a 4'x158' fixed dock utilizing "Thru-Flow"
decking; a 3'x12' ramp; and a 6'x20' float secured by two (2)
piles. Located: 4145 Wells Road, Peconic. SCTM# 1000-86-2-12.6
Let it be noted that the applicant no longer wishes to
apply for the bluestone patio. They applied for that during the
Administrative Permit.
Also let it be noted that the Board wishes to speak with
the applicant or the consultant on this, and therefore I make a
motion to table this application until next month.
TRUSTEE WILLIAMS: Second.
TRUSTEE DOMINO: Motion has been made and seconded. All in favor?
(ALL AYES). RECEIVED
TRUSTEE DOMINO: Motion to adjourn. .
TRUSTEE BREDEMEYER: Second.
TRUSTEE DOMINO: All in favor? DEC 91 20183 �SPm
(ALL AYES). //��
. C.G
So old Town Clerk
Respectfully submitted by,
Michael J. Domino, President
Board of Trustees