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Home My WebLink About1000-119.-1-10 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 L 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 CHRISTOPHER STABILE SCTM~ 1000-119-1-10 Suffolk Environmental Consulting, Inc. on behalf of CHRISTOPHER STABILE requests a Wetland Permit to reconstruct the existing bulkhead (140.0'L +), construct one return (20.0'L +), all with vinyl sheathing; applicant proposes to reconstruct the existing lower steps (60.0 sq.ft. +), wood deck (350 sq.ft. :1:), upper steps (350.0 sq.ft.+); deposit'clean fill obtained from an upland source in order to replace lands lost along the shoreline and landward of the original bulkheading (700.0 cubic yards +). Located: 9975 Nassau Point Road, Cutchogue. SCTM# 119-1-10 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 actions 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 '1. 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: Lod Hulse, Assistant Town Attorney Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agenci~ proposed actions that are subject to the assessment is intended to supplement other information used making a determination of consistency. and other ministerial permits not located within the Before answering the questions in Section C, minor action list, Waterfront Revitalization Program. A beneficial and adverse effects upon If any question in Section C on this form achievement of the LWRP policy standards Thus, the action should be anal , c~tained action will / ben the conditions standards and conditions. If an action standards and conditions, it shall not be undertaken. for ~ Review Law. This Southold agency in ; Building Permits zrd Area. the exempt Town of as to its significa ~ affect the ir review law. ga ~ the LWRP policy with the LWRP policy A copy of the LWRP is available in the following places: (southoldtown.northfork.net), the libraries and the Town Clerk's office. the Town of Southold's website the Planning Department. all local B. DESCRIPTION OF SITE AND PROPOSED A( SCTM# 119 01 10 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] 1. 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: Applicant proposes to reconstruct 150.0' + of existing timber-sheathed bulkheading along the eastern shoreline of subject property with fiberglass-sheathed bulkheading "in-place", as well as the reconstruction of the existing decking and beach access stairs that abut the bulkhead. Additionally, applicant proposes to reconstruct t.' wide beach access stairs. Please refer to the attached plans for all specifications. Attach additional sheets if necessary Location of action: Site acreage: Present land use: 9975 Nassau Point Road~ Cutchogue, NY .80+ Single Family Residential Present zoning classification: R-40 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: Charles Stabile (b) Mailing address: 107 Emily's Wav~ East SetaukeL NY~ 11733 (c) Telephone number: Ama Code ( 631 ) 331 - 4110 (d) Application number, if any: N/A 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 I. 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 With resJ)ect to the _Dronosed demolition of the Metal/Plastic Buildings & Frame Building/Trailer: As indicated within Policy 1, "Development that does not reinforce the traditional land use pattern of the Town of Southold would result in o loss of the community and landscape character of Southold.", this project oroposes to replace existing the existing timber bulkhead with a vinyl bulkhead, replace damaged and destroyed beach access stairs and related decking. The proposal, as designed, will not result in adverse effects to the surrounding environment in that the I]ro_iect will not increase the structural coverage of the property, and will not encroach any further towards the surface waters of Little Peconic Bay alonq the eastern shoreline. In addition, this bulkhead and its related appurtenances have existed harmoniously within this location for decades which has not resulted in any form of adverse impact to the surroundinq environment. Accordingly, we believe that this I~roiect is consistent with this policy. 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 [] Yes [] No [] Not Applicable With respect to the proDosed reconstruction of the proposed bulkhead: Subject orooosal is not applicable to this policy in that it will have no imoact to any potential historic and/or archaeoloaical resources within the surrounding area. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 5 through 7 for evaluation criteria [] Yes [] No [] Not Applicable With respect to the proposed reconstruction of the proposed bulkhead: Sul~iect proposal will not adversely impact the visual auali _ty of the surrounding area in that the surrounding area is currently comprised residential properties improved with similar appurtenances (i.e. bulkheads, beach access stairs, and decks). Scenic resources, assumedly views of Little Peconic Bay, are not at risk due to the bulkheadinq beina typical of the character of this section of waterfront. Accordinoly, this proposal will comply with Policy 3. 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 With respect to the proposed reconstruction of the proposed bulkhead: Sub_iect proposal will fully comply with Policy 4 in that the reconstructed bulkheading is designed to be comparable in desion and scope as that of the surrounding bulkheading, which have not resulted in loss of life, structures, and natural resources within this area. Accordingly, this proposal will comply with Policy 4. 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 With respect to the proposed reconstruction of the proposed bulkhead: Subject proposal is not applicable to this policy in that it will have no effect to the water quality/supply within the surrounding area. 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 With respect to the nroposed reconstruction of the proposed bulkhead: Sub_iect proposal will maintain the ouality of the surroundino ecosystem in that these structures have existed herein for many years harmoniously within the immediate environment, which are structures typical within this area which themselves have not resulted in sionificant effects to the surrounding ecosystem. Accordingly. this proposal will comglv with Policv 6. 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 With respect to the .proposed reconstruction of the pro.Dosed bulkhead: Subject I~roposal is not applicable in that the proposal is simply to reconstruct the existinq shoreline protection (i.e., bulkheading) which will not result in any form of adverse effects to air quality. Accordingly, this proposal is not applicable with this policy. 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 With respect to the proposed reconstruction of the proposed bulkhead: Subiect orooosal is not applicable in that the proposal does not involve disposal and/or transportation of solid waste, hazardous waste, toxic pollutants, petroleum products. Attach additional sheets if necessary 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 With resDect to the proposed reconstruction of the .DroDosed bulkhead: Subject orol)osal is not aoolicable to this policy in that the proposal is attendant to a single family dwelling. Regardless, this project will not impede any access to the surface waters in and around subiect property and/or become detrimental to the recreational use of the surroundinq resources. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section HI - Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable With respect to the PrO_DOSed reconstruction of the .DroDosed bulkhead: Subject property is a private residence in an R-40 Zone, and thus is exempt from this policy. 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 With resnect to the proposed reconstruction of the proposed bulkhead: Sub!ect proposal is not applicable in that the proposal does not involve any form of marine resource management (i.e. commercial fisheries, recreational fisheries, aquaculture, etc...). 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 With respect to the nroDosed reconstruction of the proposed bulkhead: Subject proposal is not applicable in that the proposal does not involve agricultural lands/i.e, the conversion of farmland, the establishment and/or maintenance of new coastal agricultural production, etc...) 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 With respect to the I~roposed reconstruction of the proposed bulkhead: Subject ~rooosal is not applicable in that the proposal does not involve the conservation of energy resources on a commercial level and/or the promotion of alternative energy sources, proper maintenance of fuel storage facilities and/or the extraction of mineral extraction Attach additional sheets if necessary Created on 5/25/05 11:20 AM 2012 I2:50PM Long Island Spirits 6316300246 p.1 II