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HomeMy WebLinkAboutTR-8015 James F. King, President Bob Ghosio, Jr., Vine-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction ~ constructed Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 8015 DATE: JANUARY 23~ 2013 ISSUED TO: ROBERT WINCHESTER PROPERTY ADDRESS: 6675 NASSAU POINT ROAD~ CUTCHOGUE SCTM# 111-15-7 AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on January 23.2013, and in consideration of application fee in the sum of $250.00 paid by Costello Marine Contracting Com. and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to legalize the following existing structures: 6'x79' fixed dock; 180' of 5' high bulkhead; 10'x18' boathouse; 700 square foot wood deck; 3'x30' bluff stairs; 16'x32' in-ground pool; and a 40'x10' retaining wall at pool; and for the construction of a 36' retainer to protect pool retaining wall from collapsing due to wash out from recent storm; fill void area landward of retainer with clean trucked-in fill approx. 6 ey.; re-grade area and re-vegetate with native plantings to match existing vegetation; with the condition to include the existing 32"x20' seasonal ramp and retaining wall, and as depicted on the site plan prepared by Costello Marine Contracting Corp., last dated January 14, 2013, and stamped approved on January 23, 2013. . IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. Dave Bergen- Absen? TERMS AND CONDITIONS The Permittee Robert Winchester, residing at 6675 Nassau Point Road, Cutchogue, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved wilt be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold ~,~uire the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. That the said Board will be notified by the Permittee of the completion of the work authorized. That the Permi[tee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. James F. King, President Bob Ghosio, Jr., Vice-Pres~dent Dave Bergen John Bredemeyer Michael J. Domino Town HallAnnex 54375Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone(631) 765-1892 Fax(631) 765-6641 January 23, 2013 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Ms. Jane Costello Costello Marine Contracting Corp. PO Box 2124 Greenport, NY 11944 RE: ROBERT WINCHESTER 6675 NASSAU POINT ROAD, CUTCHOGUE SCTM# 111-15-7 Dear Ms. Costeilo: The Board of Town Trustees took the following action during its regular meetings held on Wednesday, January 23, 2013 regarding the above matter: WHEREAS, Costello Marine Contracting Corp. on behalf of ROBERT WINCHESTER applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated January 2, 2013, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application for a 6'x79' fixed dock; 180' of 5' high bulkhead, construction of a 36' retainer to protect pool retaining wall from collapsing due to wash out from recent storm; fill void area landward of retainer with clean trucked-in fill approx. 6 cy.; re-grade area and re-vegetate with native plantings to match existing vegetation was found to be Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, the LWRP Coordinator recommended that the proposed application to legalize a 10'x18' boathouse; 700 square foot wood deck; 3'x30' bluff stairs; 16'x32' in- ground pool; and a 40'x10' retaining wall at pool was found to be Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 6.3 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: the issuance of a permit for existing structures, and WHEREAS, Public Hearings were held by the Town Trustees with respect to said application on January 23, 2013, at which time ail interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of ROBERT WINCHESTER to legalize the following existing structures: 6'x79' fixed dock; 180' of 5' high bulkhead; 10'x18' boathouse; 700 square foot wood deck; 3'x30' bluff stairs; 16'x32' in-ground pool; and a 40'x10' retaining wall at pool; and for the construction of a 36' retainer to protect pool retaining wall from collapsing due to wash out from recent storm; fill void area landward of retainer with clean trucl~ed-in fill approx. 6 cy.; re-grade area and re-vegetate with native plantings to match existing vegetation; with the condition to include the existing 32"x20' seasonal ramp and retaining wall, and as depicted on the site plan prepared by Costello Marine Contracting Corp., last dated January 14, 2013, and stamped approved on January 23, 2013. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $ 50.00 y you rs.~,. James F. King President, Board of Trustees JFK/amn James F. King, President Bob Ghosio, Jr., Vice-Pre~ident · Dave Bergea Jolm Bm&meyer Michael $. Domino Town Hall Aanex 54375 Route 25, P.O. Box 1179 Southold, Iffy 11971 Telephone (631) 765-1892 Fax (631} 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD ./ reviewed by this Baard at the regular meeting ~f'I]Z~ ]l~ and your app ication has been approved pending the completi~)n of'the following items checked off below. __ Revised Plans for proposed project __ Pre-Construction Hay Bale Line Inspection Fee ($50.00) 1st Day of Construction ($50.00) ½ Constructed ($50.00) V// Fipal Inspection Fee ($50.00) __ Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southoid. The fee is computed, below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. The following fee must be paid within 90 days or re-application fees will be necessary. You will receive your permit upon completion of the above, COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: $ ~ b .Db BY: James F. King, President Board of Trustees Peter Young, Chairman Lauran Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box I 179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., January 16, 2013 the following recommendation was made: Moved by John Stein, seconded by Doug Hardy, it was RESOLVED to TABLE the Wetland Permit application of ROBERT WINCHESTER to legalize the following existing structures: a 6'x79' fixed dock; 180' of 5' high bulkhead; 10'x18' boathouse; 700 square foot wood deck; 3'x30' bluff stairs; 16'x32' in-ground pool; and a 40'x10' retaining wall at pool; and for the construction of a 36' retainer to protect pool retaining wall from collapsing due to wash out from recent storm; fill void area landward of retainer with clean trucked-in fill approximately 6 cubic yards; re-grade area and re-vegetate with native plantings to match existing vegetation. Located: 6675 Nassau Point Road, Cutchogue. SCTM# 111-15-7 Due to the complexity of the project, the CAC requests an opportunity to inspect the property and provide a written recommendation in February. Vote of Council: Ayes: All Motion Carried AN ; 8 2013 James F King, President Bob Ghosio, .Ir, Vice-President Dave Bergen John Bredcnleycr Michael J Donlino PO. Box 1179 Southold. NY 11971 F¢lephone (631 765-1892 Fax (631 ) 765-6641 Date/Time: Southold Town Board of Trustees Field Inspection/Worksession Report Costello Marine Contracting Corp. on behalf of ROBERT WINCHESTER requests a Wetland Permit to legalize the following existing structures: a 6'x79' fixed dock; 180' of 5' high bulkhead; 10'x18' boathouse; 700 square foot wood deck; 3'x30' bluff stairs; 16'x32' in-ground pool; and a 40'x10' retaining wall at pool; and for the construction of a 36' retainer to protect pool retaining wall from collapsing due to wash out from recent storm; fill void area landward of retainer with clean trucked-in fill approximately 6 cubic yards; re-grade area and re-vegetate with native plantings to match existing vegetation. Located: 6675 Nassau Point Road, Cutchogue. SCTM# 111-15-7 / Ty~'e of area to be impacted: Saltwater Wetland Freshwater Wetland Dist~ance of proposed work to edge of wetland Pa/Ct of Town Code proposed work falls under: 'Chapt.275 Chapt. 111 other Sound __Bay Type of Application: Wetland __Coastal Erosion ~Amendment ~Administrative__Emergency Pre-Submission Violation Info needed: Modifications: Conditions: Present Were: /~J. King /' B. Ghosio ,JcBredemeyer /'- Michael Domino D. Bergen, /' D. Dzenkowski Form filled out in_the field by Mailed/Faxed to: Date: other OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cot. 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 MEMORANDUM To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator ECE VE JAN 2 3 201 SoutholdTown Board of Trustee~ Date: January 23, 2013 Re: Proposed Wetland Permit for ROBERT WINCHESTER SCTM# 1000-111-15-7 Costello Marine Contracting Corp, on behalf of ROBERT WINCHESTER requests a Wetland Permit to legalize the following existing structures: a 6'x79' fixed dock; 180' of 5' high bulkhead; 10'x18' boathouse; 700 square foot wood deck; 3'x30' bluff stairs; 16'x32' in-ground pool; and a 40'x10' retaining wall at pool; and for the construction of a 36' retainer to protect pool retaining wall from collapsing due to wash out from recent storm; fill void area landward of retainer with clean trucked-in fill approximately 6 cubic yards; re-grade area and re-vegetate with native plantings to match existing vegetation. Located: 6675 Nassau Point Road, Cutchogue. SCTM# 111-15-7 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 that the proposal for a 6'x79' fixed dock and t80' of 5' high bulkhead, construction of a 36' retainer to protect pool retaining wall from collapsing due to wash out from recent storm; fill void area landward of retainer with clean trucked-in fill approximately 6 cubic yards; re-grade area and re-vegetate with native plantings to match existing vegetation is CONSISTENT with the LWRP The Board issued permits for the bulkhead and dock in 1992. Board Of Southdd Town Trustees S4~UTH~LD NEW YORK Jkutllnri~attm~ SJa~e of Ne~ Y~ [952: REMOVAL OF SAND, ~AVEL ~DS UNDER TOWN WA~;" 4~d R~lufi~ o~ T~e ~'d ~o~d N. Y. and ~ab.i~ct te ~e ~ferml a~d Cond;l~s I~+ed aa the r~e~ ~de her~, ~e a~ ~ the d~a~ ~fi~ ~ ~e~d ia IN W~N~SS WH~R~F, T~e sa~ ~ ~ T~ by ~ ~ Cotp~ate ~ ~ ~ afl. d, ~ t~ ~n~ to ~ ~;bed by * ~ly o~ ~ ~d ~ ~ o~ +h~ date. Figure 1. Board Of Southold Town Trustees $OUTHOLD, NEW YORK ISSUED TO ~andy ~;~g~r fi~ "~GU~1~G AND ~E ~AC~ OF OB~UC~ONS ~ AND ON TO~ ~ATERS REMOVAL OF ~N~ UNDER TOWN Re~lu+i~ of ~e ~rd n~pt~ ~+ e ~et~ held ~ Feb. 27. 19 ~)Z, ~d of Grandfather p~rm~t ~or nmvahle ramp to be u~*d a~ acre~ from ~ock to bulkh~d. Acce~ stal. rs ~hMl he tsntall~d or~ ~he dock~ Project to be IN W~NESS W~REOF. Figure 2. Further, it is my recommendation that the proposed action to "legalize" a 10'xl 8' boathouse; 700 square foot wood deck; 3'x30' bluff stairs; 16'x32' in-ground pool; and a 40'x10' retaining wall at pool is INCONSISTENT with LWRP Policy 6.3 (below) and therefore, INCONSISTENT with the LWRP. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The structures described were not constructed pursuant to Southold Board Trustees regulations and/or a Chapter 275 Wetlands and Shorelines permit. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Office Use Only ~.l~Woastal Erosion Permit Application etland Permit Application Administrative Permit / AmendmontffTran~er/~xtension ~/Rece~-ved Application:~_J.~ -~7'Received Fee:$ ~, ~Completed APPlication_~_Z~_ __SEQRA Classification: Type I Type II Unlisted __~Coordination:(date sent). ~/C^C Referral Sent: ___Dateoflnspection: ' / Receipt of CAC Report: ,Lead Agency Determination: ._../puechnical Review: blic Hearing Held:~ Resolution: Name of Applicant ROBERT WINCHESTER Address 60 EAST END AVENUE, APT. 42B, NEW YORK, NY 10028 Phone Number:( ) 212.305.8250 Suffolk County Tax Map Number: I000 - 111-15-7 Property Location: 6675 NASSAU POINT ROAD. CUTCHOGUE (provide L1LCO Pole #, distance to cross streets, and location) AGENT: COSTF. I.I.O MARINE CONTRACTING CORP. (If applicable) Address: PO BOX :~124, GRI~.F. NPORT, NY 11944 Phone: $31.477.1199 of Trustees Al~lication GENERAL DATA Land Area (in square feet): 41,500 square feet Area Zoning: R40 - Residential Low Density AA RESIDENTIAL PROPERTY Previous use of property: SAME Intended use of property: Covenants and Restrictions: !f"Yes", please provide copy. Yes X No Does this project require a variance from the Zoning Board of Appeals __ If "Yes", please provide copy of decision. Prior permits/approvals for site improvements: Agency Date Town Permit #5430 10/26/01 DEC Permit #1-4738-02937/00001 10/17/01 Yes X No __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? No Yes If yes, provide explanation: Project Description (use attachments if necessary):. Legalize the following existing structures: 6'x79' fixed dock; 180' of 5' high bulkhead; 10'xlS' boathouse; 700 square foot wood deck; 3'x30' bluffstalrs; 16'x32' in-ground pool; 40'x10' retaining wall at pool Construct 36' of retainer to protect pool retaining wad] from collapsing due to wash out from recent storm. Fill void area landward of retainer with clean trucked-in fill approximately 6 cubic yards. Regrode area and revegetate with native plantings to match exlstlng vegetation, of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: 1.) Legalize existing structmn~. g.) Support existing retaining wall and pool so that the structures do not collapse due to the bluff wash out. Area of wetlands on lot: 0 square feet Percent coverage of lot: 0 % Closest distance between nearest existing structure and upland edge of wetlands: 0 feet Closest distance between nearest proposed structure and upland edge of wetlands: 0 f~et Does the project involve excavation or filling? No X Yes If yes, how much material will be excavated? 0 cubic yards How much material will be filled? fi cubic yards Depth of which material will be removed or deposited: 3 feet Proposed slope throughout the area of operations: 0 Manner in which material will be removed or deposited: Fill will be trucked-in. Then the majority of the fill will be placed by hand or a small excavator if the site conditionsallow. Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): All construction will take place landward of the high water mark. All debris will be properly contained. Our proposal should not have any influence of the wetland or tidal waters of the town. 617,20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR I2. PROJECT NAME COSTELLO MARINE CONTRACTING CORP. (CMCC) /LEGALIZE STRUCTURES/RETAINING WALL 3, PROJECT LOCATION: Mon~pality CUTCHOGUE, SOUTHOLD TOWNSHIP County SUFFOLK 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 6675 NASSAU POINT ROAD, CUTCHOCUE, NY 11935 SCTM #1000-111-15-7 5. PROPOSED ACTION IS: [] New [] Expansion [~] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: LegaUze the follm,,rl~ ~ structures: 6'x79 flxe~ dock; 180' of 5' high buUd~ead; 10'xl8' boathouse; 700 square foot wood deck' 3'x30' bluff s~bs' 16'x32' in-ground pool; 40'x10' mmb~ watl at pool. Comtmct 36' of reta~er t~ protect pool retam]z~ walt from co~ due m wash out from recent storm. Vffi void area landward of retahaer with dean trucked-hi fill approximately 6 cubic yards. Regrade area and revegetate with native plonfl n&,s to match existing vegetation. 7. AMOUNT OF LAND AFFECTED: Initially 0 ac~es Ultimately 0 a~res 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No. describe bHelly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Indus~al [] Commercial Describe: PRIVATE RESIDENTIAL WATERFRONT [] ~JfiC~ulture [] Park/Forest/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If Yes, list agency(s) name and permit/approvals: SOUTHOLD TOWN TRUSTEES 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLy VAL D PERMIT OR APPROVAL? [] Yes [] NO If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DYes 17]No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWt. EDOE Applicant/sponsor n~l~ Jane P. C~.ll~ Pe~t Mal~ger for Costello Marine Contracting Date' ~,t~e action is in the Coastal Area, and you are a state ag.ency, complete the Coastal Assessment Form before proceeding with this ss~e-~-ment ] OVER t PART ~1 - IMPACT ASSESSMENT~o be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. r-I vas I--INo B. WILL ACTION RECEIVE COORDINATED REVIEWAS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be supemeded by another involved agency. [~Yes DNo C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwTilten, if legible) C1. Existing air quality, sun'ace or gre*Jndwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage o~ flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural rsso~ces; or community or neighlxxt.x~l character? Explain bdefiy: C3 vegetat on or fauna, fish, shellfish or wildlife species, significant habitats, or three.nad or endangered species? Explain briefly: C4. A cornmunlys exJsting plans or goals as officially adopted, or a c~ange in use ~ inten~ty of use of land or other catural resources? Explain b~iefiy: C5. Growth, subsequent developo~nt, or related activities likely to be induced by the proposed action? Explain bdefly: C6. Long term, short term, cumulative, or other effects net identified in Cl-C57 Explain C7. Other impacts (inciuding changes In use of either quantity or type of energy)? Explain b~efly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes ~l~ No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENV RONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCllONS: For each adverse effect identified above, determine whether it is substantial, large, important or othei~vise significant. Each elf~ct should be assessed in connec~on with its (a) setting (i.e. urban or rural); (b) probability of occu~ng; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was ~ yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have determined, based on the information and analysis above and any suppo~ng documentation, that the prepesed action WlU. NOT result in any significant adverse envinmmental impacts AND provide, on attachments as nacessaP~, the reasons supporting this determination Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date 11tie of Responsible Officer Signature of Preparer (If different from responsible officer) PART II - IMPACT ASSESSMENT (To be completed by Lead A~lency) A. EX)ES AC~I'ION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR. PART 617~? If yes, coordinate the review process and use the FULL FAF. I-1¥ .s 17I.o B. WILL ~CTION RECEIVE COORDINA'I~_.D REVIEW AS PROVIDED FOR UNUSTED ACTIONS IN 6 NYCRR, PART 617.67 If Ne, a negative dedaretio~ may be superseded by anolhar itwolved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECq'S ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten. If inglble) Cl. F_~sting air quality, surface or groundwater quaOt7 or quantk'y, noise levels, existing traffic pottem, solid waste prnduction or disposal, potential for ereslen, drainage or flooding problems? Explain bhefly: I I C2. AestheUo. agK~ulfis'aL archaeologiCal, historic, or other natural or cuitural resources; or community or nslghpodmnd character? Explain briefly: C3. Vegetation ,or fauna, fish, shellfish or wildflfe species, significant habitats, or'~reatened or e~langered species? Explain bdefly: I C4. A community's existing p~ans or goa s as officially adopted, or a c~ang'e" ~' use o~'in{ensity of use of and or other natural re-~umes? F.~ln Ixlefly: [ ........ I C5. Growth, ~ubsequent development, or related activities likely to be induced by lhe proposed action? Expl~i~ b~ti)'~ C~. Long term, ~horl term, cumulative, o~ other e~oct~ not identitied in C~-C57 E×plain bdetiy: C? ~t. ..... ._.. · .' er impacts (Indudin~ changes in use of either quantity or type el' energ}~? Explain bri~11~,: T"': / D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL EN VIRONME~NTAL AREA (CFA~ ? (If yes, explain briefly: E. IS I~ERE, OR IS THERE UKELY TO 8~r CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Ifyes PART III - I)c I ~dlllNATION OF SIGNIFICANCE (To be co~plei~l by Agency) INS'rRUCllONB: F~eachadverseeIfectidenti~edab~ve~delerminewhetheritissubsta~tia~argq~imp~r~act~r~sign~ Each effect should be assessed in connection with its (a) setting (Le. u~oan or rural); (b) pmba~ility of o~cuning; (o) durati(m; (d) ilTeversibill(y; (e) geographic soofle; and (t) magnitude. If necensa~y, add attachments or reference suppoding materials. Ensure that explanations eo~ltath suflident detail to show Ihat all relevant advame impacts have been iden~qecl and adequa~qy a~leessad. If questic~ d of part Ii was d~lclmd yes, the detemlication of significance must evaluate Ihe potential Impac~of the prebesed action on the envlronmelffal ~hamcterlstlcs of the CEA. WILL NOT resuff in any significant adverse envirm'tmental Impacts AND provide, on attachments as nscessa~y, the masons supp~ thi detem~inafion. Board of Trustees I1 i/~ 2 ~ '~- ~ / Name of Lead Agency / ~'~ Date Pdnt or ype poesible Officer irbLead Agency Ti(re of Responsible Officer figna(ure of Re.~ poesible Officer in Lead.~ncy Signature of Preparer (1f different from respom'ble officer) James F. King. President Bob Ghosio. Jr.. Vice-President Dave Bergen John Bredemeyer Michael J. Domino I'oxxn I lall. 53095 Main lid. P.O. Box 1179 Soulhokl. NY 11971 lelcphonc (631 } 765-1892 Fax (631 ) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of ROBERT WINCHESTER COUNTY OF SUFFOLK) STATE OF NEW YORK) JAN 1 8 201t S0utholO 10wn Boardoflrusteos AFFIDAVIT OF POSTING I, ,_J/l~ "~(o.~-~ Ib , residing at/dba being duly sworn, d pgse ~[{d say: ]'hat on tile da5' of 201 . 1 persona, lly posted tile property known as by placing the Boara of Trustees official poster where it call easily I~e seed, hn-d thht ~ have checked to be sure the poster has remained in place for eight days prior to tile date of the public hearing. Date of hearing noted thereon to be held Wednesday~ aanuar~ 23~ 2013. Dated: Sworn to before me this I"/fkday ofv'[nou,~0 I~ LYNN g STEVENS _ NO. 01 ST6269424 N°~aryrPublic Commi,,aioa ~gi~n Winchester PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Name: Elissa Kaplan, Eric Miller & Mark Miller Barbara Jane Kennedy Jane Gartenberg Cummins Letricia & Philip lovino Address: 18S0 Muttontown Road, Syosset, NY 11791 6730 Nassau Point Road, Cutchogue, NY 11935 45 Litclffieid Road, Port Washington, NY 11050 P.O. Box 721, Cutchogue, NY 11935 STATE OF NEW YORK COUNTY OF SUFFOLK Jane P. CosteHo , residing at Costelio Marine Contracting Corp. PO Box gig4, Greenport, NY 11944., being duly sworn, deposes and says that on the 15 day of January ,20 13 , deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite there respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Greenport (11944) , that said Notices were mailed to each of said persons by CERTIFIED MAlL/RETURN RECEIPT. Swom to before me this I~~- Day of ~-To.n~9?~ ,20 1.3 Notary Public [~ Return Receipt Fee [~ (Eedorsement Req ulred) ~.,~ (Endomement Required) ~,~ ~ ~. ...... e $5.~ 45 Litchfield Road Po~ W~hin~on, ~ 11050 JAN ~'.~,' m o[ USE n ~ (Endowment Requlr~ $2,~ ~ .............. ~ $5.~ u ~ ~cia & Philip Iovino ~ P.O. Box 721 ................ Cutcho~e, ~ 11935 ................ i-1 (Endorsement Required) \ B~b~a Jane Ke~edy 6730 N~u Point Road Cutcho~e, ~ 11935 Po8~ge Certified Fee Return Receipt Fee (Endorsement Required) U $ $5.95 Ii Elissa Kaplan, Eric Miller & Mark Miller 1850 Muttontown Road · Syosset, NY 11791 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES~ TOWN OF SOUTHOLD In the matter of applicant: Robert Winchester SCTM# 1000-111-15-7 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Proposed: Construct 36' of retainer to protect pool retaining wall from collapsing. Fill void area landward of retainer with clean trucked-in fill (approximately 6 cubic yards). Regrade area and revegetate with native plantings to match existing vegetation. Legalize the following existing structures: 180' of bulkhead; 6'x80' t'Lxed dock: 32"x20' removable access ramp: 700 square feet of wood deck; 162' of retaining wall at toe of bank: 3'x30' stairway down bank; 16'x32' in-ground pool; 1500 square feet of brick pool decking; 40'x10' high retaining wall, 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 6675 Nassau Point Road, Cutchogue, NY 11935 That the project which is subject to Environmental Review under Chapters 32, 37, and/or 97 of the Town Code is open to public comment on: Januar3t' 23, 2012 at 4pm. You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: Robert Winchester MAIL1NG ADDRESS: 60 East End Avenue, Apt. 42B New York, NY 10028 PHONE #: Enc: Copy of sketch or plan showing proposal for your convenience. of Trustees A~plication County of Suffolk State of New York Jane P. Co~telio, Permit Manager for Go~teilo Marine Contracting BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. 1N COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS c98 ~ DAY OF ~ ~(~r;/r! ~F_.r" ,20.~ bi~tary Public LYNN ~1 ~'r~VIgNS Notary Public- S~ate of New York NO. 01 ST62694.24 Qualified in Suffolk Coum~ COSTELLO MARINE CONTRACTING CORPORATION DOCK BUILDING · JETTIES · BULKHEADING · STEEL & WOOD PILING · FLOATS 423 FIFTH STREET. RO. BOX 2124 · GREENPORT, NEW YORK 11944 · (631) 477-1199/477-1393/477-0682 · FAX (631) 477-0005 AUTHORIZATION FORM (Name) (BusinesdProperty Name) do hereby give Costello Marine Contracting Corp. the authority to act as agent in my behalf in applying for all the necessary permits for work to be completed at my above referenced property, Date Signature Winchester Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Sonthold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Water~ont Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination o£ consistency. *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", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# The Application has been submitted to (check appropriate response): TownBoard ~-~ Planning Dept. ~-~ Building Dept. ~-] BoardofTrustees 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 local libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION ,j~ 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) [1-] (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: LegMize the following existing structures: 6'x79' fixed dock; 180' orS' high bulkhead; 10'x18' boathouse; 700 square foot wood deck; Yx30' bluff stairs; 16'x32' in-ground pool; 40'x10' retaining wMl at pool. Construct 36' of retainer to protect pool retaining wail from collapsing due to wash out from recent storm. Fill void area landward of retainer with clean trucked-in tlff approximately 6 cubic yards. Regrade area and revegetate with native plantings to match existing vegetation. Location of action: 6675 NASSAU POINT ROAD, CUTCHOGUE Site acreage: 1.1 ACRES Present land use: SINGLE FAMILY RESIDENCE Present zoning classification: R-40 RESIDENTIAL LOW DENSITY AA If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: ROBERT WINCHESTER (b) Mailing address: 60 EAST END AVENUE, APT 42B, NEW YORK, NY 10028 (c) Telephone number: Area Code ( ).212.305.8250 (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? 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 III - Policies; Page 2 for evaluation criteria. [--]Yes [--] No ~] Not Applicable We are proposing to legalize ali existing structures. The majorlO, o£the structures have existed prior to 1976 with the exception o£the pool The new 36' retainer is support the pool which is in jeopardy of collapsing due to the bluff wash out caused by Hurricane Sandy. Our proposal will not have any effect on the communi(y character or preservation of open space. ^uacn aoamona~ sheets ~t 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 71 Yes C] No [71 Not Applicable This property has no significant historic resources. Attach additional sheets if necessary Policy 3. Enhnnce 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 The visual quality and scenic resources wgl be not be influenced by our proposal. We are legalizing existing structures that have existed prior to 1976. The new structure is located underneath the existing pool and will not influence the visual quality. Attach additional sheets it'necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. Sec LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~-] Yes ~-] No ~ Not Applicable Our proposal willnot increase flooding or erosion in the smrounding area. The majority of the existing structures that we are trying to legalize are landward of the highwater mark. The dock has existed for many years and the new retainer is located on the bluff, landward of the highwater mark. 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 R Yes ~ No [~Not Applicable The proposal will not have any impact on the water quality or supply of the Town o£Southold. Attach additional sheets it'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 This proposal will not have any impact on the Town of Southold's ecosystem. The proposed new work will be landward o£ the high water mark and ali construction debrts wiIl be properly contained. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [~ Yes ["-]No[~'~ Not Applicable This proposal will not have any impact on the air quaiity o£the Town of Southold. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [~Yes ['~ No [~ Not Applicable This proposal will not degrade the environment with solid waste or hazardous substances. 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. [~ Ye~ No~'] Not Applicable Our proposal WIll not limit the public's ability to access coastai waters, public lands or public resources of the Town of Southoid. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [~Yes [--'] No ~ Not Applicable This property is used by the owners to engage in water dependent activities such as §shing, boating attd swimming. These activities will continue at this site once the bluff area is stabilized. 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 The majort~y o£the work will be landward of the high water mark and there should be no signil~cant effects on the living marine resources. 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 ~ Noir] Not Applicable This proposal will have no impact on the agricultural lands in the Town of Southold. 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 This proposal has no intluence on the development of energ~ or mineral resources. Created on 5/25/05 11.'20 AM ~ASI' cLUB irre ROAD .'OPle$ of this strrVey mop not b~fig I~e Land Surveyors embossed seal shall ~t be considered to be a valid true FAf~ 156 FY* FILED AI~(~UST 16, 1992 rAx ~NO IOOO-m-15-oz ~ey ts a vlolati~ of Sec[]on 7209 of ~VE~D THIS ~. GU~R~N~ED ]l Guaran~es/nd'mated here en shal~ rte ady to the person for whom the su~ey /s prepared, and on his behMf to the title companB C'over~entol Agency, /ending institution, if listed hereon, and to the osSlgnee$ of the lendlng institution. Guarantees are eot transferable to ,.a~ditiaflal institut/om or subsequer, owner~ ROBERT Wt~CHESTER PATRICIA WINCHESTER FIDELITY NATIONAL TITLE INS. CO. CI TI~N~ N ~ TO~ ~ S~THOLD LOT NO 49 (N/F 8RAC) SI~IRVE Y OF LOT 48 IN AMENDED MAPA, NASSAU POINT CLUB PROPERTIES, INC. S I TUA TE CUTCHOGUE, TOWN OF SOUTHOLD SUFFOLK 09UNTY, NY SURVEYED FOR. ROBERT WINCHESTER PATRICIA WINCHESTER 79' DOCK ~.~,. __l~j SURVEYED 6 JANUARY, 1996 SCALE: I"= $0' AREA= 41~500 S F (APPROXJ · MONUMENT FOUND SURVEYED 8Y: ~TANLEY ~ IS~KSEN, JR. 0 BOX 294 NEW SUFFOLK, N ~, 11956 (516) 754-5855 96R587 · k(g~,,~tt- TO l~w~.c~o~_: APPROVED