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Home My WebLink About1000-118.-4-1 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Ma~n 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 Date: January 22, 2013 Re: Proposed Wetland Permit for KAREN & MICAHEL CATAPANO SCTM#1000-118-4-1 Patricia C. Moore, Esq. on behalf of KAREN & MICAHEL CATAPANO requests a Wetland Permit to replace the existing storm damaged bulkhead and add two (2) +/-16' returns; replace 10'3"X6'1" shed; replace 14'x20'1' upper deck with a gate; replace 4' wide steps with handrails from top of bluff down to beach with associated 4'x6'5%' platform with handrails; replace existing 16'8"x36' lower deck; fill storm eroded area with sand. Located: 7325 Nassau Point Road, Cutchogue. SCTM# 118-4-1 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 to replace the existing storm damaged bulkhead is EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "B' which states: B. Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site (inplace), 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 and shoreline erosion control structures (including, but not limited to, groins, jetties, bulkheads, filled piers) located within Great Peconic Bay, Cutchogue Harbor, Little Peconic Bay, Hog Neck Bay, Noyack Bay, $outhold Bay, Shelter Island Sound, Pipes Cove, Odent Harbor, Gardiners Bay, Long Island Sound, Fishers Island Sound and Block Island Sound (excluding all creeks); The proposed action is not located within the CEHA. The actions were issued a Board of Trustees permit (4302) in 1994. Board *Of Soured Town Trustees Aufl~ri~ati~ The addition of two returns and filling storm eroded area with sand are CONSISTENT with the LWRP. Further, it is my recommendation that the proposed actions to replace 10'3"X6't" shed; replace 14'x20'1" upper deck with a gate; replace 4' wide steps with handrails from top of bluff down to beach with associated 4'x6'51/2'' platform with handrails; replace existing 16'8"x36' lower deck are 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 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 BOARD OF TOWI'/TRUSTEES TOWN OF SOUTHOLD Permit No.: 5912A Date of Receipt of Application: May 7, 2004 Applicant: Michael CIrrlto $CTM~: 118-44 Project Location: 7625 Nassau Point Rd., Cutohogue Date of Resoluiton/luuanca: May 26, 2004 Date of Explratto~: May 26, 2004 Reviewed by: Trustee Peggy Dickemon Project Description: To repair the existing staim from the house to the bulkhead, inkind/inplace. Findings: The pnYject meets all the requirements for issuance of an Administrative Permit set forth in Chapter 97 of the Southold Town Code. The issuance of the Administrative Permit allows for the opa~alJons as iodicatod in the attached plan prepared by John C. Ehlers last dated May 9, 2003. Special Conditions: None If the proposed activities do not meet the requirements for issuance of an Administrative Per,lilt set fo~lh in Chapter 97 of the SeethoM Tow~ Code, a Wetland Permit will be required. This is not a determination from any other agency. Albert J. Krupski, Jr., President Board of Trustees Town,of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold proposed actions that are subject to the Town of; assessment is intended to supplement other information making a determination of consistency. *Except minor and other mini~terial permits not located within the shall complete this CCAF for ~ Review Law. This by a Town of Southold agency in actions including Building Permits .2. Before answering the questions in Section C, the minor action list, policies and explanations, Waterfront Revitali~Oon Program. A beneficial of this form should review the exempt contained in the Town of Southold Local will be evaluated, ns to it~ .qi,.onifiesnt of Southold ToWn). 3; If any question in Section C on this form "yes" or "no", then the proposed action will affect the achievement of the LWRP ' standards and conditions contained in the consistency review law. Thus, each in detail, listing both supporfinl~ and non,. supporting facts, ff an action cannot certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP website local libraries and the Town ( OF SITS SCTM# PROJECT NAME The Application has; Town Board [~ 1. Category of Town of~ (a) Board Co) Financial assistance ( (c) Permit, approval, Nature and e~on: _ ' -'l ....." ' places: online at the Town of Southold ' s the Board of Trnstces Office, , --Y · '~r~! ~; i ropfiate ~me): .~ ~fion (ch~k appmpnate'~): agmcy ~o~ ~d ~fion) lo~bsidy) dAN 10 20 3 Location of action Site acreage: Present land use: Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (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 III - 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 otApplieable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section IH - 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 Pa~ges 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 Southold. Sec 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 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 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~ No ~.Not Applicable 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 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 ~X~I 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 TITLE DATE S.C.T.M. NO. DISTRICT: 1000 SECTION: 118 BLOCK: 4 LOT(S): I LOT 54- t4 62°°°'°°'' U.P*IH2 214.8' LOT 55 (MAP DiST~A~I~CE) ~00.L. 377 ~o, i732§ GARA~_E UNDER 35,2' LOT 56 , -~ S 62"00 O0 397' (~p mSTA~CO 7HE WATER SUPPLY. WELLS, DRYW~LLS AND CESSPOOL LOCATIONS SHOWN ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTI4ERS, REUSED 09-30-10 AREA: 38,692.79 SQ.FT. or 0.89 ACRES ELEVA TI{~! DA ~UM: ......................... UNAU~HORIZEL ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION ~r SECTION 7209 OF ~4E NEW YORK STATE EDUCATION LAW. COP/ES OF THIS SURVEY MAP NOT BEA~ING THE LAND SURVEYOR'S EMBOSEED SEAL SHALL Nor BE CONSIDERED TO BE A VALID TRUE CJ~E GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO 7HE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREDII, AND TO ~HE ASSIGNEES OF TI4E LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE, THE OFFSFTS OR DIMENSIONS SHOI4W HEREON FROM ~HE PROPERTY LINES TO THE S~RUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENOEO TO MONUMENT THE PROPERTY LINES OR FO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OF: LOT 55 MAP OF: NASSAU POINT CLUB PROPERTIES. INC. (AMENDED MAP A) SECTION B FILED: OCTOB.[R 4. 1919 NO. 745 SITUATED AT: ~I. ASSAU POINT TOWN OF: SOUrHOLD SUFFOLK COUNTY, NEW YORK 2010 FILE ~ '~0--95 SCALE: '~"=30' DATE:SEPT. 22, N. Y. S. LIC NO. ,50227 CERTIFIED TO: MICHAEL CATAPANO; KAREN CATAPANO; FIDELITY NATIONAL TITLE; FARM CREDIT EAST, ACA; KENN~rFH M. WOYCHUK L.S. Land Surveying and Design P.O. Box 3, Mattituck, New York 11952 PHONS (OOl) ~oo-1~88 FAX (est) :~8-t588 pter 61S of the Laws of the ToWn Ordinance an- LANDS and the MATERIALS FROM and-in accordance wffh the ting held on . 4/28/94 sum of $ 100,00 paid by O~f~t~[~ ~ h~es,~d permits the following: amir app~ox lg6~. ~6~{~'P~ih Ba all in ~accordan~e with the de~ai~ed specifications as pre.hied i~ the ort~nafmg apphcaf on. N WITNESS WHEREOF, The said 8oerd of Trustees here- and fhe~e presents fo Of the~ei~ Boa~d as of this date. 70' f~ NOV 2 9 2012 i S.C.T.M. NO. DISTRICT: 1000 SEC~ON: 118 BLOCK: 4 LOT(S): I msT_~CE) o.~. LOT 54 . 3 '-- \ )RCH ~ u.P.l~42 ~E ~y LOT 55 , "~i' 82'00 00 uNDER 35.2' 397' (MAP DisTANCE) iq I LOT 56 THE WATER SUPPLY, WELLS. DRYWELLS AND CES~°O01 LOCA~7ONS ~HOWN A~E FROM FIELD O~SERVA77ONS AND OR DATA O~TAINED FROM OTHERS. REVISED 09-50- 1 0 AREA: 38,692.79 SQ.FT. or 0.89 ACRES £LEVA ~70N DA TUM: ......................... SURVEY OF: LOT 55 or. NASSAU POINT CLUB PROPERTIES, INC. MAP ' (AMENDED MAP A) SECTION B F~LED: OCTOB'--R 4, 1919 No. 745 SITUATED AT: NASSAU POINT TOWN OF: SOUi'HOLD SUFFOLK COUNTY, NEW YORK UNAUTHORIZEL ALTERA]70N OR ADDliTON TO ~HIS SURVEY IS A ~IO~AITON OF SECT/ON 7209 OF THE NEW YORK STATE EDUCA~70N LAW. COPIES OF THIS SURVEY MAP NOT BEA~?ING THE LAND SURVEYOR*S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY, GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR ~rCOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE ~E COMPANY, GOVERNMENTAL AGENCY AND LENDING INS~TTU170N LISTED HEREOI/, AND TO THE ASSICqV£ES OF THE LENDING INSTITU17ON. GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS f.~ DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFONE THEY ARE NOT INTENOED TO MONUMENT THE PROPERTY LINES ON TO GUIDE THE ERECi7ON OF FENCES, ADDI~7ONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENT~ AND/OR SUBStJRFACE STRUC3%II~S RECORDED OR UNRECORDED AI~ NOT GUARANTEED UNLESS PHY~CALL Y Et4DENT ON THE PREMISS AT THE 77ME OF SURVEY CERTIFIED TO: MICHAEL CATAPANO; KAREN CATAPANO; FIDELITY NATIONAL TITLE; FARM CREDIT EAST, ACA; FILE ~ '10-95 SCALE: 1"=30' DATE:SEPT. 22, 2010 KENNETH M. W'OYCHUK L.S. Land Surveying and Design P.O. Box 3, Mmttituck, New York 11952 Pso~ (~) m-tS88 ~X (~t) NOV 2 9 2012 Ii. site information in Ji~ drawing was produce by visual estimati~, pre- storm ~ and survey dated 9~22-2010 by K. Woychuk L.8.~ 1000-118-4-1 ..Town of SOuthold CHORNO ASSOCIATES ;6OUTHOLD, NEW YO~K