The URL can be used to link to this page

Home My WebLink About1000-119.-1-10 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) $outhold, 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: March 15, 2013 Re: Proposed Wetland Permit for CHRISTOPHER STABILE SCTM#1000-119-1-10 Suffolk Environmental Consulting, Inc. on behalf of CHRISTOPHER STABILE requests an Amendment to Wetland Permit #8027 to construct a 16' bulkhead return on the northern side of the property and a 20' bulkhead return at the southern end of the property. 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 action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. 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 Town of $outhold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion HazardArea. 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). 3. If any question in Section C on this form is answered "yes", then the proposed action may a.,,,~ct the achievement of the LWRP policy standards and conditions contained in the consistenc~,v, iew law. Thus, the action should be analyzed in more detail and, if necessary, modified pri~ m~king a determination that it is consistent to the maximum extent practicable with..t~..R.P_ p_,olic..y standards and conditions. If an action cannot be certified as consistent w_~the LWRP policy standards and conditions, it shall not be undertaken. / A copy of the LWRP is available in the lbllowing places: onli~at the. Town of Southold's .... w.ebsite (southoldtown.northfork.net), the Board of Trustees Office.,,,qie Pl irl pq}n? , Ill B. DESCRIPTION OF SITE AND PROPOSED ACT~N Il] [FB ll 2013 ' EB Z I Category of Town of Southold agency action (check appropriate response): ' L - (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 alnend the recemly approved Southold Board of Trustees Wetlal~ds Pertnit authorizing tbr the reconstrm:tion of thc existing Bulkhead to include tbr a Northerly Bulkhead Retm'n (I{LO') and a Southerly Bulkhead Return (~o.o'). Anach additional sheets il' necessary Location ofaction: Site acreage: Presentland 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 Wa¥~ East Setaukeh NY~ 11733 (c) Telephone number: Area Code ( 631 ) 331 - 41 i0 (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 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 ufa coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [] Yes [] No [] Not Applicable The proposal to include two (2) Bulkhead Returns to the reconstructed Bulkhead will maintain community character in that the majority of surrounding properties include Bulkheads and Bulkhead Returns of similar size and scope, and will obviously make a beneficial use of its coastal location. Accordinalv, we believe that this project 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 llI- Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] Not Applicable The ProPosal is not applicable with this Policy. Attach additional sheets i f necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section 111 - Policies Pages 5 through 7 for evaluation criteria [] Yes [] No [] Not Applicable The proposal is not applicable with this Policy. Attach additional sheets i £ 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 The proposal is nol' compliant with this Policy in lhat the inclusion of Bulkhead Returns will i~rovide additional protection to the bluff from both tloodina and erosion. Attach additional sheets it' necessary Policy 5. Protect and improve water quality and supply in the Town of Sonthold. See LWRP Section IH - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No [] Not Applicable The proposal is not applicable with this Policy. Attach additional sheets if necessau 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 The proposal is not apr)licable with fhis Policy. 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 The proposal is not applicable with this Policy. Attach additional sheds i f necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section llI- Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No [] Not Applicable The oroDosal is not applicable with this Policy. Attach additional sheets i f 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 llI- Policies; Pages 38 through 46 for evaluation criteria [] Yes [] No [] Not Applicable The pro~)osal is not applicable with this Policy. Attach additional sheets il' necessary WORKING COAST POLICIES Policy 10. Protect Sou thold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section 111 - Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable The proposal is not applicable with 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 Ill - Policies; Pages 57 through 62 for evaluation criteria [] Yes [] No [] Not Applicable The proposal is not applicable with this Policy. 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 The proposal is not applicable with this Policy. Attach additional sheets i f necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LV~RP Section 1II - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No [] Not Applicable The DroDosal is not applicable with this Policy. Attach additional sheets if nccessary Created on 5/25/05 11.'20 AM Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President FeDruary 26, 2013 James King, President Southold lawn Trustees P. PO. Box 1179 Southold, NY 11971 Re: Situate: SCTM #: Stabile Property 9975 Nassau Point Road; Gutchogue Town of Southold, NY 1000 - 119-1-10 Dear Mr. King, Request is hereby made to amend the recently approved Trustee Wetland Permit for Charles Stabile to permit two returns. In support of this request, I enclose three copies of the survey prepared by Roderlck Van Tuyl dated January 4, 1974, Site Plan last dated February 26, 2013 prepared by this Firm which depict a 16-foot return on the northern side of the property and a one 20-foot return at the southern end of the property. I also enclose three copies of "Bulkhead Side View" prepared by this Firm last revised February 14, 2013 which depict the general construction of the proposed two returns. Finally, I enclose a check made payable to the Town of Southold In the amount of $50.00 covering the requisite fee for permit amendment. By way of this correspondence, I request that you act upon this request in the affirmative at your next regularly scheduled meeting. Thank you in advance for your anticipated cooperation. B~ce A. Ande~on Cc. C. Stabile BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 8027 DATE: JANUARY 23,2013 ISSUED TO: CHRISTOPHER STABILE PROPERTY ADDRESS: 9975 NASSAU POINT ROAD~ CUTCHOGUE SCTM# 119-1-10 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 h~ the sum of $250.00 paid by Suffolk Environmental Consultin:~, Inc. 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 reconstroct 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 (200 sq. ft. +/-), upper steps with covered entrance at top (13'x12'); 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 cy. +/-); and as depicted on the site plan prepared by Suffolk Environmental Consulting, Inc., last dated December 20, 2012, 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. TERMS AND CONDITIONS The Permittee Christopher Stabile, residing at 9975 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 ruaintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will 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 require 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 Permittee 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. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. M~dn 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: MEMORANDUM Jim King, President Town of Southold Board of Trustees ,ECE VE ,JAN 2 2 2013 SoutholdTown Board of Tmstees 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. ±), 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: Lori Hulse, Assistant Town Attorney · g: 1