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Home My WebLink About1000-111.-14-33.1 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: August 13, 2009 Re: Proposed Wetland Permit for CARDINAL EAST COAST DEVELOPMENT, LLC SCTM#111-14-33.1 CARDINAL EAST COAST DEVELOPMENT, LLC requests a Wetland Permit to remove and replace (in-place) approx. 87 If. of existing timber bulkhead with vinyl bulkhead; remove and replace (in-place and raised 12") approx. 130 If. of existing timber bulkhead with vinyl bulkhead; remove and replace (in- place and raised 12') vadable width (23' max.) X 130' deck (including 4'X 5' step-down); remove and replace (in-place) 2.5'X 10' ramp and 6'X 30' float; backfill with approx. 35 cy. of clean sand fill to be trucked in from an approved upland source; and temporarily remove, re-side, re-shingle, and refurbish existing +14.5'X 14.5' boat house; and a letter of no-jurisdiction for the proposed swimming pool. Located: 4600 Wunneweta Rd., Cutchogue. SCTM#111-14-33.1 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is Exempt from LWRP review pursuant to § 268-3. Definitions. Minor Actions, item A, which states: Maintenance or repair involving no substantial changes in an existing structure or facility; and Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard Area (CEHA) law where structures may not be replaced, rehabilitated or reconstructed without a permit. Cc: Lori Hulse, Assistant Town Attorney EN-CONSULTANTS INC. ENVIRONMENTAL CONSULTING Mark Terry, LWRP Coordinator Planning Board Town of Southold P.O. Box 1179 Southold, NY 11971 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com July 28, 2009 Re: Cardinal East Coast Development~ LLC~ 4600 Wunneweta Road, Cutcho~ue Dear Mr. Terry: Attached please find an LWRP Consistency Assessment Form whic~is being submitted in association with an application to the Board of Trustees for a Town/Wetlands Permit to replace in the same location legally preexisting marine structures, includi~ a bulkhead, deck, dock, and boat house. ~ I have indicated that all policies are "Not Applicable" _l:~a~e,,_p_~u~s_._._u~,, t_to T,o_.wn Code §_2,,68-5 ("Review of Actions") and the corresponding defini~j6ns of 'action" and minor action by §286-3 ("Definitions"), the project meets the follow~6g_d, efim'tio_ _ns_ of minor action and is thus not subject to waterfront consistency ~eview pursua~ to Chapter 268: / 1. "A. Maintenance or repair in~(olving no/substantial changes in an existing structure or facility;" ~ ~ 2~ "B. Replacement, rehabilitation ot\recpnstmction of a structure or facility, in kind, on the same site, including upgrading bh~ings to meet building or fire code, except for ~ stmctur~.s._',ul~.cle~ig-~,t~y the CoastalKEmsion H~Tard Area (CEHA) where ' ; stm~i'filff/fliSt ,..'~5, ~l~[!abilitated, or r~nstfl~-fed without a pormit.' ~ ..~'_~a ~- ~ : Coastal Management Specialist cc: ~Lauretl S~ifis'/i,"B6~ffi~f Truste~~' Town' of Southold A. INSTRUCTIONS I, LWRP CONSISTENCY ASSESSMENT FORM A 11 applicants for perm its* including T ow n of S 0uthnld agencies, shall c0m plete this C C A F for proposed actions that aresubjectt0thcT0wn 0fS0uth0ld Waterfr0ntC0nsistency Review Law. This assessmentisintendedt0supplement0therinf0rmatinn used by aT0wn0fS0nth01dagency in m a k in g a d e t e r m in a ti0 n 0 f c n n s i ste n c y. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detail~ listing both supporting and non- suooortine facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, ., libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# ss1 - 14 - 33.1 PROJECT NAME CARDINAL EAST COAST DEVELOPMENT, EEC So~thhold TOWn ISoard of Trustees The Application has been submitted to (check appropriate response): TownBoard ~--] Planning Board [~ Building Dept. [--] BoardofTrustees[5~ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: [~] Nature and extent of action: Remove and replace (in-place) approximately 87 l.f. of existing timber bulkhead with vinyl bulkhead; remove and replace (in-place and raised 12") approximately 130 l.f. of existing timber bulkhead with vinyl bulkhead; remove and replace (in-place and raised 12") variable width (23' max.) x +130' deck (including 4' x 5' step-down); remove and replace (in-place) 2.5' x 10' ramp and 6' x 30' float; backfill with approximately 35 cubic yards of clean sand fill to be trucked in from an approved upland source; and temporarily remove, reside, reshingle, and refurbish existing +14.5' x 14.5' boat house, all as depicted on the project plan prepared by En-Consultants, Inc., dated July 27, 2009. Letter of Non-Jurisdiction requested for proposed swimming pool located more than 100 feet from wetlands and therefore beyond the jurisdiction of the Board of Trustees pumuant to §275-3(CX5) of the Southold Town Code, as depicted on the survey prepared by Nathan Taft Corwin III, L.S., last dated June 23, 2009. Location of action: 4600 WUNNEWETA ROAD, CUTCHOGUE Site acreage: 1.997 ACRES Present land use: RESIDENTIAL Present zoning classification: R-40 If an application for the proposed action has been filed with the Town of $outhold agency, the following information shall be provided: (a) Name of applicant: CARDINAL EAST COAST DEVELOPMENT, LLC (b) Mailing address: C/O ALAN CARD1NALE, SR. P.O. BOX 77, MATTITUCK, NY 11952 (c) Telephone number: Area Code 631-298-8494 (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [--] No [~ If yes, which state or federal agency?. C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section Ill - Policies; Page 2 for evaluation criteria. [~Yes ~ No ~ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria --I I Yes ~ No ~ Not Applicable t Attach additional sheets it' necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [~ Yes [~ No [~ Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~'~ Yes ~ No ~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes ~-~ No ~ Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. ~-~ Yes ~] No ~ Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Sonthold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [~ Yes ~] No [~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Sonthold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~ Yes ~ No ~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~ Yes ~-] NoR Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Polil:y 10. Protect Southold's water-dependent uses and promote siting of new water-dependent suitable locations. See LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. [--] Yes [~ No [~ Not Applicable uses in Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~] Yes [~] No [~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [~] Yes [--] No [~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ~] Yes [--] No [~ Not Applicable PREPARED BY ~RMA ROBERT NN TITLE cOASTAL MGMT SPECIALIST DATE 7/28/09 Amended on 8/1/05 07/29/2000 12:18 FAX 6312836136 EN-CONSULTANTS,INC. ~002 4 1" = 50' ROAD NASSAU POINT I) 2.) ~) IIE:PLAC8) (IP) ~ ~ BULIMF. aO OW2IE]) 12") POND 10' ~ I / 51,.~l~.r i oP 2 7/2710~ ~CTION TI~ PLILI~:;~, P~CK, a POCK I" ° ~1~,6' C,or,) ., lYOXI~ fOl~ ~'P a £'P(~) r...~ ~,...n .~ / / / / / // / / / / ~,/~:/-¢'~ // / / / / / / / / ~--J / / / / / / / / / / / / / / I / / N ~% NOTES METES AND HOUNDS DESCRIPTION FOR LONG ISLAND POWER AUTHORITY EASEMENT SURVEY OF LOTS 223 THRU 226 AMENDED MAP A OF NASSAU P0INT FILE No. 156 FILED: AUGUST 16, 1922 SITUATE NASSAU POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-111-14-.3,3.1 SCALE 1 "--.30' OCTOBER 10, 2008 OCTOBER 25, 2008 ADDED LIPA EASEMENT FEBRUARY 10, 2009 ADDED TOPOGRAPHICAL SURVEY MARCH 4, 2009 ADDED PROPOSED POOL JUNE 23, 2009 RELOCATED PROPOSED POOL AREA = 87,000 sq. fl, (¥o TIE LINES) 1,997 dc, 1. ELEVATIONS ARE REFERENCED TO N.G.V.D, 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:~ EXISTING CONTOUR LINES ARE SHOWN THUS: ..... 5 ..... [] S 44'34'20" W 12.00' ] N 44"34'20" E 16,85' 50487 Nathan Taft Corw~n III Land Surveyor PHONE (651)727-2090 F~x (531)727-1727 28-310 (