MEETING OF JUNE 27, 2016 OF THE TRUSTEES OF THE FREEHOLDERS AND COMMONALTY OF THE TOWN OF EAST HAMPTON Present: Not Present: Also Present: Francis Bock, Trustee Clerk Bill Taylor, Deputy Clerk Tyler Armstrong Timothy Bock Rick Drew James Grimes Diane McNally Pat Mansir Brian Byrnes Richard Whalen, Trustee Attorney Lori Miller-Carr, Trustee Secretary Christopher Walsh, Star Reporter Thomas Fahey Penny Helm Bruce Horwith Kevin McAlister Max and Tina Pleset Vincent Priore Susan Winkler The meeting was opened at approximately 6:30 p.m. with the Pledge of Allegiance. 1. Max and Tina Pleset of Driftwood Shores were present concerning the claim of ownership of a 50 wide strip of beach by Judith and Kenneth Reiss. They felt the Reiss are not willing to mediate the issue, as suggested by Mr. Whalen, and hope the Trustees can assist in resolving the issue so the homeowners can use the beach. The Clerk reminded the Mr. and Mrs. Pleset that Mr. Whalen is looking into the feasibility of doing a title search of the area. 2. Penny Helm was present concerning replacement of the sand fence at the southern entrance of Maidstone Park Channel Beach (in order to build up the dune) and asked the Trustees to consider eliminating one of the two beach accesses in the area. The Clerk will meet with Parks Department on Wednesday, June 28 th to stake out the area of the proposed fence. 3. Susan Winkler expressed concern in regard to vehicles at Little Albert s Beach. She felt the beach is too narrow for vehicles to be driving on it and beach grass is being 1
destroyed. She presented photographs for Trustee review. The Clerk felt there should be a way to expand the beach driving to other places that are not as accessible to pedestrians. 4. Bruce Horwith was present concerning the status of the application of the Creeks for phragmite control. Mr. Grimes felt the plans are very vague, and expressed concern about the scope of the project which is located on the upland as it could affect Trustee property. Mr. Horwith felt the application was clear as it requested hand cutting of phragmites and anything beyond that is irrelevant if the Trustees have no jurisdiction.. Mr. Whalen advised the Board that the only thing they can approve is what is located within their jurisdiction. The Georgica Pond Committee will meet with Mr. Horwith on Wednesday, July 6 th at 6:00 at the Trustees office to resolve this issue. 5. Thomas Fahey spoke about the issue of the 50 wide strip of beach at Driftwood Shores which Mr. and Mrs. Reiss feel they own. He felt the Town Code clearly defines the beach as all land lying above fresh or salt water and the base of a bluff or dune. In order to make a determination as to the ownership of the beach, Mr. Whalen has contacted a representative of a title company and asked for an estimate of the cost of a title search. 6. Tim Taylor was present on behalf of CFAR (Citizens For Access Rights) concerning rumors about banning beach vehicles at Maidstone Channel Beach. He felt there should be two vehicle accesses- and the second access wide enough for two vehicles which would make sense for safety. Mr. Drew told Mr. Taylor a shoreline fence would be installed in order to re-build the dune. Mr. Taylor pointed out public beach access is in high demand, and is a traditional use that they would like to see protected. 7. Mr. Armstrong expressed concern about the shortage of public access to the following water bodies: Hog Creek, Wainscott Pond, Georgica Pond and Lily Pond. Mr. Whalen pointed out the Town owns a parcel at the Head of Hog Creek on the corner of Kings Point Road and Three Mile Harbor Hog Creek Road. Mr. Armstrong felt if the phragmites were removed, kayaks could be launched from this area. Ms. McNally told the Board there was a ten-year lease agreement between the Clearwater Beach Property Owners Association, that in the event the Town purchased the parcel, the Trustees would have public access, but it never happened. It was agreed Mr. Armstrong and Mr. Grimes would discuss this issue at next the Nature Preserve Committee meeting. Mr. Armstrong felt there might be blue-green algae in a portion of Hog Creek; and suggested asking Dr. Gobler to test the water. 8. Dr. Gobler advised the Trustees that cyanobacteria HABs have been confirmed in Wainscott Pond. 9. A Notice of ZBA Hearing was received from the Village ZBA for July 8 th which included the applications of 85 West End Road, LLC and The Pond House, Inc.; both of which are properties owned by William Rayner. Mr. Drew will inspect the sand replenishment 2
project and report back to the Board. Ms. McNally expressed concern as there are some applications included in the hearing notice which require a large number of variances. Even though the properties are located on the upland, Ms. McNally would like to send a memo (on behalf of the Trustees) to the Village ZBA commenting as the adjacent property owner asking consideration of less variances. 10. An application was received from Leonard Ackerman for phragmite removal at 290 Georgica Road. The Georgica Committee will inspect the site and report back to the Board at the meeting of July 11 th. 11. A Notice of ZBA Public Hearing for June 28 th was received concerning the application of PND Hamptons, Ltd. for bulkhead reconstruction at 10 Three Mile Harbor Drive. A letter will be sent to the applicant along with an application indicating a Trustee permit is required for the proposed project. A memo will be sent to the ZBA requesting that this application be placed on hold until the Trustees receive an application. 12. The Clerk asked the Three Mile Harbor Committee to inspect the Reininger bulkhead repair/staircase reconstruction project at 159 Three Mile Harbor HC Highway in order to confirm if the project was completed according to the Trustee permit issued. 13. An application was received from Merle Hoffman for staircase reconstruction at 56 Hedges Banks Drive. The Three Mile Harbor Committee will review the application, inspect the site and report back to the Trustees at the meeting of July 11 th. 14. The Clerk and Mr. Grimes met with Councilman Van Scoyoc to discuss possible changes to the current shoreline fence policy. Councilman Van Scoyoc was in favor of changing the Town Code. Mr. Whalen felt the Town Code doesn t define shoreline fencing nor does it indicate the jurisdictional boundaries; and there are certain changes which the Trustees can make at their discretion according to the current policy. The Beaches Committee will continue to work on the shoreline fence application process. 15. Brian Frank of the Planning Department asked the Trustees if a permit was issued to Henry Cornell for coconut logs and sand placement at 114 Beach Lane. He indicated no permit was issued by the Natural Resources Department for this project. Upon review of the file, it was determined a Trustee permit was not issued. A letter and Trustee application will be sent to Mr. Cornell advising that a Trustee permit is required. 16. The Clerk has scheduled a meeting with the agent to discuss the Lebowitz dock at 103 Isle of Wight Road. 17. Mr. Grimes to meet with Brian Frank concerning the Clemente bluff restoration project in order to review the application and make recommendations. 3
18. Mr. Drew told the Board that Dr. Gobler will expand testing in Accabonac Harbor to include the area in the location of the culvert; the Board will then be able to obtain baseline data in order to open it. 19. Mr. Armstrong inspected the Maslin sand placement project at 307 Kings Point Road and presented photographs. Ms. McNally explained a permit was obtained in the early 1990 s to install in rip-rap along the toe of the dune. She noted a survey received prior to the last permit application in 2013 did not include an update of the shoreline. The Hog Creek Committee will contact the agent to confirm the contractor and how the project will be accessed. 20. No new information has been received from First Coastal concerning the sand fence installation applications of LFX Group, LLC and Further Lane Homeowners Dune and Wildlife Conservation. Ms. McNally reminded the Board authorization is needed from the Nature Conservancy for installation of the fence at 226 Further Lane and a survey is needed for 266 Further Lane. 21. The Georgica Committee is waiting for additional information from Inter-Science concerning Chauncey Close MMR Real Estate Holdings, LLC phragmite applications. 22. Concerning the application of One Association Road (MyWifeReallyLikesIt) for phragmite control, Mr. Grimes will contact the agent to discuss the information received. 23. Mr. Armstrong told the Board would like to nominate David Elze to serve on the Harbor Management Committee. It was agreed a sub-committee would be formed consisting of Mr. Armstrong, Mr. T. Bock, Ms. McNally and the Clerk to interview potential Harbor Management Committee members. 24. The Clerk reported bids were received for the excavation of Fresh Pond, and the Board agreed on a contractor; however, when the original permit was reviewed, it was determined there are restrictions on the time frame that it can be done due to fish spawning and nesting of piping plovers. The excavation is slated for October 1 st. 25. Mr. Drew presented a video of Northwest Creek which showed the completed launching ramp project done by the County and a small potential docking area. He felt perhaps recommendations should be made for more planting in the parking lot. Mr. Drew informed the Board that the bluffs at Barcelona are being walked on by the public and used by personal trainers. He suggested signage be placed at the end of the Trustee road (that goes to parking area) advising the public to stay off the bluff area. Mr. Drew also showed a brief clip of a small scallop replenishment project initiated by Cornell Cooperative Extension (which he participated in) in outer Northwest Harbor by Havens Beach. He would like to see more of these projects done in Trustee waters next year. 4
26. The Three Mile Harbor Committee will review the application of East Hampton Marina for piling replacement and inspect the site. 27. A motion was made by Ms. McNally to notify the Building Department that the Mechanic/Levine bluff restoration project has been completed according to the Trustee permit (T#10-13) issued. This motion was seconded by Mr. T. Bock and unanimously approved. 28. A motion was made by Mr. Grimes to approve payment of the following bill: a) Staples- $140.24. This motion was seconded by Mr. Drew and unanimously approved. 29. A motion was made by Mr. Grimes to approve renewal of a Certificate of Deposit ending in #7248 at Suffolk County National Bank. This motion was seconded by Mr. T. Bock and unanimously approved. 30. A motion was made by Mr. Grimes to approve the minutes of May 9, 2016 with amendments as per Ms. McNally. This motion was seconded by Mr. Bock and unanimously approved. 31. A motion was made by Mr. Grimes to approve the minutes of May 23, 2016 with amendments as per Ms. McNally. This motion was seconded by Mr. T. Bock and unanimously approved. 32. Mr. Armstrong reported he attended SoFo s Climate Change Symposium and expressed appreciation to SoFo for their invitation to the Trustees. 33. The Clerk acknowledged the Correspondence portion of the agenda. It was agreed the Trustees should be removed from the mailing list of Duck Creek Farm Association. 34. Concerning the Great Bonac Fireworks, Ms. McNally suggested arrangements be made to contact Ed Michels to assist in coordinating the location of the barge in Three Mile Harbor. 35. Ms. McNally reported she was approached by someone who was concerned about a stagnant pond adjacent to Three Mile Harbor Trailer Park. She suggested requesting the Natural Resources Department to contact the appropriate authority to inspect the pond. 36. A motion was made by Mr. Grimes to adjourn the meeting at approximately 9:50 p.m. This motion was seconded by Mr. Drew and unanimously approved. 5