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HomeMy WebLinkAboutTR-8145 James E Kiag, Preside, at Bob Ghosio~ Ir., Vice,-P~cc~id~ John Bredemcycr Michael $. Domino BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD . Town Hall, 53095 Main Rd. · ' P.O. Box 1179 T¢lephofl¢ (63 I) 765-1892 Fax (631) 765-6641 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 1s~ (Jay of construction ~ constructed Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 8145 DATE: APRIL 17, 2013 ISSUED TO: ELISSA JO KAPLAN C/O EVAN KAPLAN PROPERTY ADDRESS: 6725 NASSAU POINT ROAD~ CUTCHOGUE SCTM# 111-15-8.1 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 April 17, 2013, and in consideration of application fee in the sum of $250.00 paid by Eric F. & Jill 1. Miller or authorized waiver of Town Board 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 reconstruct the existing 118' bulkhead, rising 6'6" above the seaward grade of the shoreline; construction of two 10' returns at northern end and southern end of bulkhead; deposit 150-~ cubic yards of clean sand fill to re-establish the grade landward of the bulkhead; and for the existing +/-121' secondary retaining wall; and as depicted on the site plan prepared by Suffolk Environmental Consulting, Inc., last dated April 22, 2013, and stamped approved on May 7, 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, Elissa Jo Kaplan C/O Evan Kaplan, residing at 6725 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, &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 will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions &the originating application may be cause for revocation &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 Iow 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 &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. James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375 Main Road P.04 Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1692 Fax (631) 765-6641 April 17, 2013 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Matthew D. Ivans Suffolk Environmental Consulting, Inc. PO Box 2003 Bridgehampton, NY 11932 RE: ELISSA JO KAPLAN CIO EVAN KAPLAN 6725 NASSAU POINT ROAD, CUTCHOGUE SCTM# 111-15-8.1 Dear Mr. Ivans: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, April 17, 2013 regarding the above matter: WHEREAS, Suffolk Environmental Consulting, Inc. on behalf of ELISSA JO KAPLAN CIO EVAN KAPLAN 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 March 21, 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 recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees found that the proposed application be Consistent with the standards of the LWRP, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on April 17, 2013, at which time all 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 the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of ELISSA JO KAPLAN CIO EVAN KAPLAN to reconstruct the existing 118' bulkhead, rising 6'6" above the seaward grade of the shoreline; construction of two 10' returns at northern end and southern end of bulkhead; deposit 150+ cubic yards of clean sand fill to re- establish the grade landward of the bulkhead; and for the existing +/-121' secondary retaining wall; and as depicted on the site plan prepared by Suffolk Environmental Consulting, Inc., last dated April 22, 2013, and stamped approved on May 7, 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 James F. King President, Board of Trustees JFK/amn James F. King, President Bob Ghosio, Jr., Vi~-Prcsidcm Dave Bergen John Bredemeyer Michael $. Domino Town Hall Anaex 54375 Route 25, P.O. Box 1179 Soulhold, NY 11971 Telephone (631} 765-1892 Fax (631 ) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Please be ad~s~ ~at your appli~aon dated ~/Z{//~, , h~ Ll~ ~UO~ ~ ~ew~ by this ~oa~ at the regular meeting of ' .' ~ }7 ]l~ and your appli~tion has been approved pending the comple~on'of ~e follo~ng items check~ off below. ~ Revised Plans for pmpos~ project __ Pre-Construction Hay Bale Line Inspection Fee ($50.00) ~ __ 1st Day of Construction ($50.00) ~ Constructed ($50,00) ~ Fipal Inspection Fee ($50.00) __ Dock Fees ($3.00 ~r sq. ~.) Pe~it fees am now due. Please make ~e~ or money o~er payable to To~ of So~oid. The f~ is ~mput~ ~low a~ing to the s~ule of rotes as set ~h in Chapter 275 of the Southold Town ~de. The fo~o~ng fee must ~ paid ~thin 90 da~ or m~ppli~on fe~ ~11 be ne~s~. You will receive your ~it u~n compleUon of the above. COMPUTATION OF PERMIT FEES: TOTAL FEES DUE: $. S~, bb BY: James F. King, President Board of Trustees Peter Young, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 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., April 10, 2013 the following recommendation was made: Moved by William McDermott, seconded by Doug Hardy, it was RESOLVED to SUPPORT the application of ELISSA JO KAPLAN to reconstruct in place the existing bulkhead on the property; re-establish the grade landward of the bulkhead as it existed prior to the damage; consequently 150 cy. of clean sand fill would be deposited landward of the reconstructed bulkhead; the reconstructed bulkhead with rise 6'6" above the seaward grade of the shoreline and would run 118' along the eastern edge of the property. A 10' return would be constructed on both the northern and southern end of the reconstructed bulkhead. Located: 6725 Nassau Point Rd., Cutchogue. SCTM#111-15-8.1 Inspected by: Peter Young, Audrey Horton, William McDermott The CAC Supports the application with the Condition the existing and proposed elevation of the bulkhead is indicated on the plan and the bulkhead should be constructed no higher than the adjacent bulkhead. Vote of Council: Ayes: All Motion Carried Board of ]'rustee~ __ .lames F King, President Bob Ghosio. ,Ir. Vice-President Dave Bergen .Iohn Bredemeyer Michael .I. Domino PO Box 1179 I cicplmnc (631 76q- 18~?2 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/Work Session Report Suffolk Environmental Consultin§, Inc. on behalf of I=I. ISSA ,JO KAPLAN ¢/o EVAN KAPLAN requests a Wetland Permit to reconstruct the existing 118' bulkhead, rising 6'6" above the seaward grade of the shoreline; construction of two 10' returns at northern end and southern end of bulkhead; deposit 150+ cubic yards of clean sand fill to re-establish the grade landward of the bulkhead. Located: 6725 Nassau Point Road, Cutchogue. SCTM# 111-15-8.1 Type of area to be impacted: __Saltwater Wetland Freshwater Wetland __Sound /~. Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: ~x. Chapt.275 Chapt. 111 other Type of Application: ~ Wetland __Coastal Erosion __Amendment __Ad m in ist rative__E mer"gen cy Pre-Submission __Violation Info needed: Modifications: Conditions: Pre?~gntWere: __-__J. Kin 4 Ghosio .-'~D. Bergen, ~- J. Bredemeyer. ~M~-~cha~l Domino D. Dzenkowski Form filled out in the field by Mailed/Faxed to: Date: other KAPLANProperty Situate: 6795 Nassau Point Road; Cutchogue, New York SCTM #: 1000- 111 - 15 -008.1 (l~/Iolo lake~t o~l ,]~l~arv o 4 2 Photograph indicating the storm-damaged Lower Bulkhead and Upper Retaining Wall along the eastern shoreline of subject property. Photograph taken from the shoreline of subject property and Little Peconic Bay, facing west. KAPLANProperty Situate: 67'~5 Nassau Point Road; Cutchogue, New York SCTM#: 1000-ii1- 15-008.1 Photograph indicating the stor~n-damaged Lower Bulkhead and Upper Retaining Wall along the eastern shoreline of subject property. Photograph taken from within the wall and the bulkhead along the shoreline of subject property, facing north. KAPLANProperty Situate: (s7~5 Nassau Point Road; Cutchogue, New York SCTM ~: 1000- ill -. 15 -oo8.1 Photograph indicating the storm-damaged Lower Bulkhead and Upper Retaining Wall alo~g the eastern shoreline of subject property. Photograph taken from within the wall ° Oe and the bulkhead along the shoreline of subject property, facing, north. KAPLANProperty Situate: 67~5 Nassau Point Road; Cutchogue, New York SCTM#: 1ooo-11~- 15-0o8.1 SUBJECT Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PE.M T NO. ff ? ISSUED TO ......~l~? .~.I.~..E..!~ ............... 2013 Pursuant to the provisions of the 615 of the State of New York, 1893: and State of New York 1952; and the Town Ordlnan~e en- titled ."REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS end the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;~. and in accordance wlth the Resolution of The Board adopted at a meeting held on .~.~g!~.~.....Z.~ 199 19.?~.., and in consideration of the sum of $...~.50.,..0.0 ..... paid by D ~ . Cicha,~ov~c.~ ./or R~ BERT, ,~ER ......................... .. ................. of ....... G:~.'~b.9.g:~ N.Y. -',nd subiect to the Terms and Conditions listed on the reverse side hereof, of Southeld Town Trustees authorizes ~nd permit~ the followhg: Wetland Permit to construct a 98' retaining wall approx. 11' behind an existing bulkhead and backfill wlth clean sand and plant with beach grass to help retain the bluff. all in eccordence w~fh the detei~ed specifications as presented in the odglnefing application. IN WITNESS WHEREOF, The said Board of Trustees here- by causes.lfs Corporate. Seal to be affixed, and these presen~ to be subscribed by a'malorify of the said Board as of this dat~. ......... Project: ~ , onsrruc~ 100' of box retaining wall landward of existing one, backfill wi~h 150 cu yds o2 Clean sand '& grade as shown on cross section. Plan'~ beach ~rass on 1, centers or less. For: :-~r. Rober~ Hiller 6825 zassau Point Road CutchoEue, JI 1'1935 By: Jack Foehrenbach (516) 563-1682 Sheet 2 oi 2' ~/27/98 11t MEMO DATE: TO: May 5, .2o15 ELIZABETH CANTRELL FROM: Matt Ivans Re: KAPLAN (and MilIer) Property Situate: 67~5 Nassau Point Road; Cutchogue; New York SCTM#: 1000 - 111 - 15 -008.1 MESSAGE: AMANDA, As per our discussion regarding the above referenced application, please find attached: (1) Revised Proposed Plans prepared by SUFFOLKENVIRONMENT/IL CONSULTING, INC., last dated April ~2~, ~015, indicating the length of the existing retaining wall (three [$~ sets). Kindly review and issue the requested emergency permit at your earliest opportunity. Should you have any questions, please feel free to contact this office with any questions. Thank you as always for your attention and consideration. ECE VE MAY - 3 2013 --' Southold Town Board of Tru~t~9~ Cantrell. Elizabeth From: Randolph, Linda Sent: Friday, April 12, 2013 10:26 AM To: Cantrell, Elizabeth Subject: LWRP's Hi I just spoke with Mark. He said to tell you all the LWRP's this month can be marked "inconsistent." Linda Office UseOnly Coastal Erosion Permit Application X Wetland Permit Application __Administrative Amendment/Transfer/Extension X'., Receivefi Application' 3/?~lL~ ~,~]'~Received Fee:$ ¢) ~i\l~ K Completed Application: ~,rJl. I/! 3 ~ ~) __Incomplete: __.SEQRA Classification: Type I _Type II Unlisted_ Coordination(date sent) X LWRP Consistency Ag~essment Form: .~s/e:,l 9//2, ~t Date of Inspection:_ ¥/t413 "b Receipt of CAC Report: __Lead Agency Determination Technical Review: ~, Public Hearing Held: t"[[I 7/]..~ Resolution: ECEIV MAR 2 1 2013 $0uth01d 10wn [~oatd of Trust.s Name of Applicant EZISSA[OKAPLAN (c/oEVANKAPLAN) Address PROMENADE SENIOR LIVING · 38 Hospital Road Tuxedo, NY 10987 Phone Number: (516) 448 - 1382 Suffolk County Tax Map Number: 1000 - 111 - 15 - 008.1 Property Location: 6725 Nassau Point Road; Cutchogue, New York (provide L1LCO Pole #, distance to cross streets, and location) AGENT: MATT D. IVANS (~ Suffolk Environmental Consulting, Inc. (If applicable) Address: P.O. Box2003; Bridgehampton, NY 11932 Phone: (631) 537 - 5160 Board of Trustees Application GENERAL DATA Land Area (in square feet): 28, 741 square feet + Area Zoning:_ R - 40 Previous use of property: Residential Intended use of property:. Residential Cove]oants and Restrictions: Yes X No If "Yes", please provide a copy. Does this project require a variance from the Zoning Board of Appeals Yes X No If "Yes", please provide copy of decision. Will this project require any demolition as per Town Code or as determined by the Building Dept. Yes X No Prior permits/approvals for site improvements: Agency Date Southold Wetlands Permit #: 4947 August 27. 1998 __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary): Aonlicant oroooses to reconstruct in place the existing bulkhead on the property. The existing bulkhead was heavily damaRed by Hurricane Sandy. Additionally, the applicant proposes to reestablish the Rrade landward of the bulkhead as it existed prior to the damage from Hurricane Sandy. Consequently 150+ cubic yards of clean sand fill would be deposited landward of the reconstructed bulkhead. The reconstructed bulkhead would rise 6' 6" above the seaward grade of the shoreline, and would run 118' alon~ the eastern edge of the property. Furthermore a 10 foot return would be constructed on both the northern and southern end of the reconstructed bulkhead. Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purposes of proposed activity: Applicant proposes to reconstruct in place the existing bulkhead on the property, lhe existing bulkhead was heavily damaged by Hurricane Sandy. Additionally, the applicant proposes to reestablish the grade landward of the bulkhead as it existed prior to the damage from Hurricane Sandy. Consequently 150+ cubic yards of clean sand fill would be deposited landward of the reconstructed bulkhead, lhe reconstructed bulkhead would rise 6' 6" above the seaward grade of the shoreline, and would run 118' along the eastern edge of the property. Furthermore a 10 foot return would be constructed on both the northern and southern end of the reconstructed bulkhead. Area of wetlands on lot: 0.0 Percent coverage of lot: 0.0 % Closest distance between nearest existing structures and upland edge of wetlands: 0.0 _+ feet (existingBulkbeaa) Closest distance between nearest proposed structures and upland edge of wetlands: 0.0' ± feet (reconstructed Bulkhead) Does the project involve excavation or filling? No X Yes If Yes, how much material will be excavated? N/A How much material will be filled? 150 + Manner in which material will be removed or deposited: Typical front-end loader & by hand. square feet .(cubic yards) .(cubic yards) 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): No impact to the surrounding environment is anticipated in that the project is to simply reconstruct all that was lost/damaged during the recent Hurricane (i.e., original bulkheading, original lands, etc...) that have harmoniously existed hereon for years without any form of adverse impact. Board of Trustees Application N/A COASTAL EROSION APPLICATION DATA Purposes of proposed activity: Are wetlands present within 100 feet of the proposed activity? No Yes Does the project involve excavation or filling? No Yes If Yes, how much material will be excavated? How much material will be filled? Manner in which material will be removed or deposited: (cubic yards) (cubic yards) Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) 14-16-4 (9/95)-Text 12 IPROJECTI.D. NUMBER 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQR PART 1- PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Suffolk Environmental Consulting, Inc. KAPLAN Property 3. PROJECT LOCATION: Municipality Town of Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc. or provide map) 6725 Nassau Point Road; Cutchogue; Town of Southold, NY (SCTM #: 1000-111-15-008.1) 5. IS PROPOSED ACTION: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Applicant proposes to reconstruct in place the existing bulkhead on the property. The existing bulkhead was heavily damaged by Hurricane Sandy. Additionally, the applicant proposes to reestablish the grade landward of the bulkhead as it existed prior to the damage from Hurricane 5andy. Consequently 150_+ cubic feet of clean sand fill would be deposited landward of the reconstructed bulkhead. The reconstructed bulkhead would rise 6' 6" above the seaward grade of the shoreline, and would run 13.8' along the eastern edge of the property. Furthermore a 10 foot return would be constructed on both the northern and southern end of the reconstructed bulkhead. 7. AMOUNT OF LAND EFFECTED: Initially 0.2 acres Ultimately 0.2 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly 0. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? []Residential •Industrial []Commercial [-IAgriculture []Park/Forest/Open space •Other Describe: Private single family residences with related appurtenances, including bulkheading. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENT AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes •No If yes, list agency(s) and permit/approvals New York State Department of Environmental Conservation. 1 l. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If yes, list agency(s) and permit/approvals New York State Department of Environmental Conservation General Permit via Notice of Intent (Emergency Permit). 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes [] No I CERTIFY THAT THE INFORMATION PROVIDED IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Matt D. [~'s - Suffolk Environmental Consulting, Inc. Date: Jan. 28, 2013 If the action is in the Coastal Area, and you are a etate~ency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II - IMPACT ASSESSMENT (To 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 FAF. WILL ~,CTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative dectamt~q may be superseded hy anothe¢ involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answem may be handwritten, if leglete) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing b'affic pattern, solid waste production or disposal, potential fo~ erosion, drainage or tiooding problems? Explain briefly: I / C3. Vegetation or feuna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered spodes? F-xplale bdefly: I C4. A community's existing plans or goals as officially adopted, or a change in use or Intenslly of use of land or other natural resources? Explain bdefly: I. C5. Growth. subsequent develepmeni: ~)r related ~fivities Iti~i~'{'~'l~'ihd~ced by the proposed action? Explain briefly: I C6. Long term, short term, cumulative, or DiOr'effects not identified in C1-C57 Explain brieflyi C7. Other impacts iincludin~) chanties in use oi either (muantit;/or D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA ICEAI? {If )'es, expIa!n briefi)': E. IS THERE, OR IS THERE LIKELY TO BEi CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Ifyes explain: Yes r N°l PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, ireportant or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irrevemibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or referenoe supporting materials. Ensure that explanations contain sufficient delatl to show that all relevant adverse impacts have been identified and adequately addressed. If question d of prat ii was checked y~s, the determination of eignifmance must evaluate the potentialirepact of the proposed action on the environmental characteristics of the CEA. Check thts box if yon have Idenitlied one or more betentially large or signifmant adverse impacts whfeh I&e~y ocuur. Than pmse~d direc~y to the FUW FAF and/or prepare a po-~tive dedarafion. Check this box If yon have determined, based on the information and analysis above and any supporting documentation, that the proposed aerie WILL NOT result in any signIfinaflt adverse environmental impacts AND provide, on altschmenfe as nesessany, the reasons supporting thi detemlination. Board of Trustees Name of Lead Agency Pdnt~or Ty~ Name of Responsible~ffi~r th Lead Agen~ ~nature of Responsible Offi~ Lead Agen~ Date President [] Title of Respensible Officer Signature of Preparer (If different from responsible officer) BOAIII) OF TOWN TRUSTEES TOWN OF SOIITIIOLD BOARD Ot: TRUSTH:',S: IOWN ()1: S()tJq tlO1,I) In the Matter of the Application of ELISSA JO KAPLAN e/o EVAN KAPLAN COUNTY OF SUH?OI,K) SI'ATE OF NEW YORK) AFFIDAVIT OF POSTING TO BE COMPLETED a I:TER POSTING REMAINS IN PLACE FOR EIGHT DA YS That on the,(::) day of t~ ~- , _01J'. I personally posted the property known as [ay l~lacing tlnYB-(~ard o~'Trustees ott~c~al pokiest [here it {Jan ~easil~ be seen, and that I have checked to be sure the poster has remained in place tbr eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wednesday~ April 17, 2013. Dated: (signature) Sworn to betbre me this 1~ day o fjl~,O I .? Not [a?.h'~,:v D. Ivans 6053~59 O 5uHo~k (:ssnty 20L" 6oml~,, ~ ~ p~res&uua~) 22, NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be SOUTHOLD BOARD OF TRUSTEES at the Town Hall, 53095 Southold, New York, concerning this properly. held by the M' R d aln oa , OWNER(S) OF RECORD: r../~ ~'~,~.~ K,~I~.~ SUBJECT OF PUBLIC HEARING: To reconstruct the existing 118~ bulkhead, rising 6'6" above the seaward grade of the shoreline: construction of two 10' returns at northern end and southern end of bulkhead; deposit 150+ cubic yards of clean sand fill to re-establish the grade landward of the bulkhead. Located: 6725 Nassau Point Road, Cutchogue. SCTM# 111-15-8.1 ~.,,/,TIME & DATE. OF PUBLIC HEARING: have ~ ti' · If you an ~r terest in ~is project, you are invited to view the Town file(s) wh~.ch are available for inspection ~)rior to the day of the hearing during normal bus~ness days between the hours ol'8 a.m and 4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631) 765-1892 Suffolk Environmental Consulting, Inc. Mr. Jim King, Chairman Southold Board of Trustees P.O. Box 1179 Southold, NY 11971 Newman Village. Suite E, 2322 Main Street, P.O. Box 2003, Bridgchampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President April 10, 2013 1~~~----~~ ~1 Re: Situate: SCTM#: KAPLAN Property 6725 Nassau Point Road; Cutchogue; New York 1000- 111 - 15-008.1 Dear Mr. King, As you know this Firm represents the owner of the property referenced above who is seeking to improve thereon. As per the hearing requirements of the Southold Board of Trustees I enclose herewith: Affidavits of Mailing dated April 5, 2013, with certified receipts attached to all abutting property owners. Please be advised that we will forward to you the green receipts cards as we receive them. Should you have any questions concerning this matter, please contact this office at any time. Thank you in advance for your attention and consideration. Sincerely, Diane K. Wassick enc. cc: Mr. Kaplan Name: PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Address: SEE ATTACHED ECE VE '' APR 1t 2013 -, SouthCd Town Board of Tnr~tee~ STATE OF NEW YORK } } COUNTY OF SUFFOLK } Diane K. Wassick c/o Suffolk Environmental ConsultinR, Inc., residing at 2322 Main St.; Newman VillaRe Suite E; P.C). ~ox 2003; Bridgehampton, NY 11932 , being duly sworn deposes and says that on the ~- day of ~1~ .2013, 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 their 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 Bridgehampton , that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this ~,~'-~ day of~f-(~---- ,2013 Kaplan Adjacent Properties SCTM# 1000-111-15-8.1 111.-15-5.1 Thomas Meaney Geraldine Meaney PO Box 20500 Huntington Station, NY 11746 111.-15-7 Robert Winchester Patricia Winchester 60 E End Apt 42-B New York, NY 10028 ECE VE APR 11 2013 $outhold Town Board of Trustees 111.-15-8.2 Mark C Miller Elissa Kaplan 1850 Muttontown Rd Muttontown, NY 11791 Board of Trustees Applicatio~ County of Suffolk State of New York ELISSA JO KAPLAN 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. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(SO, TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS Signatur&] ,~//..,% 'r- DAYOF ~ Board of Trustees Application AUTHORIZATION (where the applicant is not thc owner) We, ELISSA JO KAPLAN (print owner of property) Muttontown, New York residing at do hereby authorize Consulting, Inc. Southold Board of Town Trustees on our behalf. (Owner's signat~.~) 1850 Muttontoxvn Road (mailing address) Suflblk Environmental (Agent) to apply lbr permit(s) from the APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of the town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: KAPLAN, ELISSA JO Last name, first name, middle initial, unless you are applying in the name of someone else of other entity, such as a company. If so, indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of zone Approval of plat Exemption from plat or official map Other (If"Other," name the activity.) Emergency Wetlands Permit Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES," complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check to appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater then 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ~'t/$~- day of /~ Signature ~._~L _)~_-~-~ ~b Print name ELISSA JO KAPLAI~- COfll~SS.rr [',r"a d~ilU¢.f~ 22, Town of Southold Erosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM PR(~TM LOC~: S.ClT~.I:. THE ~ A~O~ MAY ~ THE 8~I~WN OF A 1000- 111- 15 -008.1 ~ SCOPEOFWO~ - PRO~S~ CON~I"~U~I'ION i'r~ / WO~~ { Y~ No a. ~b~T~P~? 1 ~P~R~In~Wa~R~ (~e To~l~ of M Pa~ ~ ~ 0.7 acres ~ by a T~ (2~ I~ ~m S~? ~ ~ ofW~ P~ ~) b. ~tb ~ T~l~a ~ ~ (s~/~) ~ I~ ~fl I~ afl ~ff~ by ~e X ~~r~ < 0.2 acre. ~1~ a~ ~ ~t ~o~ Applicant proposes to reconstruct in place the existing bulkhead on the prope~y. The existing bulkhead was 3 heavily damaged by Hurricane 5andy. Additionally, the a~l~~t~l~u~ X applicant proposes to reestablish the grade landward of the ~ s~ ~ ~ ~ ~t~;~. ~s ~em bulkhead as it existed prior to the damage from Hurricane ~Pe~. 5andy. Consequently ~50~ cubic feet of clean sand fill 4 would be deposited landward of the reconstructed bulkhead. The reconstructed bulkhead would rise 6' 6" ~ln~~Y~s above the seaward grade of the shoreline, and would run of~in~yPa~ 118' along the eastern edge of the prope~y. Fu~hermore 5 ~I~R~~s E~ ~ ~ E~s ~F~ ~ X a 10 foot return would be constructed on both the (5,~S.F.)~u~F~t~~? no~hern and southern end of the reconstructed bulkhead. 6 Is~eaNa~mlWat~Ru~ S~? Is~bP~n~eT~~ ~ Xl ~ ~ ~ ~ ~ ~ ~ ~e~ ~ ~ ~ ~; ~ ~ ~ (15) f~ ~V~I ~ to ~ ~ X ~~~~~n~(t)~ ~ Hu~ (l~)of ~ ~? ~'A~ OF NEW YO~ SUFFOLK ~U~ OF ..................................... SS BRUCE A. ANDERSON ~ SUFFOL'K ..... ENVIRON MENTAL CONSULTING INC AGENT ~d ~t hdshe is ~e .................................................................................................................................................................... ~er ~or ~p~n~dvt o[ ~e ~er or O~e~, ~d is duly au~o~ ~ ~d ~lc ~s applicon; ~ ~1 s~temen~ con~n~ in ~is appEm~on · al ~e ~mrk ~ll ~ ~o~d in ~e m~m~ set fo~ in ~e ~pJi~don ~led ...... ..................... FORM - 06110 (~e~ 3Jk County Commission Expires Jar{uary 22, Town of Southold 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 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. 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, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 111 15 008.1 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 in place the existing bulkhead on the property. The existing bulkhead was heavily damaged by Hurricane Sandy. Additionally, the applicant proposes to reestablish the grade landward of the bulkhead as it existed prior to the damage from Hurricane Sandy. Consequently 150+ cubic feet of clean sand fill would be deposited landward of the reconstructed bulkhead. The reconstructed bulkhead would rise 6' 6" above the seaward grade of the shoreline, and would run 118' along the eastern edge of the property. Furthermore a 10 foot return would be constructed on both the northern and southern end of the reconstructed bulkhead. (*NOTE: Ail "new" structures to replace original pre-existing structures). 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 Subject proposal will not adversely impact the visual quality_ of the surrounding area in that the surrounding area is currently comprised bv residential properties improved with similar appurtenances fi.e. bulkheading). Scenic resources, assumedlv views of Little Peconic Bay. are not at risk in that we are simply replacing structures that were alreadv there. Accordingly. 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 Subject proposal will fully comply with Policy 4 in that the replacement bulkheading is desioned to be comparable in design and scope as that of the surroundino bulkheadincl, which have not resulted in loss of life. structures, and natural resources within this area. Accordinolv. 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 Subiect proposal is not applicable to this I~olicv in that it will have no effect to the water quality/supply within th~ 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 Subiect orol~osal will maintain the ouality of the surroundincl ecosystem in that these structures have existed herein for manv vears harmoniously within the immediate environment, which are structures typical within this area which themselves have not resulted in significant effects to the surrounding ecosystem. Accordingly, this proposal will comolv with Policy 6. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southoid. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria [] Yes [] No [] Not Applicable Sub_iect proposal is not al~olicable in that the proposal is simply to replace these existing shoreline structures which will not result in any form of adverse effects to air oualitv. Accordingly, this proposal is not applicable with thiq 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 Sul~iect orooosal is not aoolicable in that the orooosal does not involve aqricultural lands (i.e. the conversion of farmland, the establishment and/or maintenance of new coastal aqricultural 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 Subiect orooosal is not applicable in that the proposal does not involve the conservation of enerq¥ resources on a commercial level and/or the promotion of alternative enerq¥ sources, proper maintenance of fuel storage facilities and/or the extraction of mineral extraction Attach additional sheets if necessary Created on 5/25/05 I I :20 AM Suffolk Environmental Consulting, Inc. (63l) 537 5160 Bruce Anderson. M.S., President Newman Village, Suite E, 2322 Main Street. P.O. Box 2003. Bridgehampton, New York 11932-2003 Fax: (631) 537-5291 March ¢0, ~013 Hand Delivered Mr. Jim King, Chair~nan Board of Trustees Town Hall P.O. Box 1179 Southold, NY 11971 r ftrustee,~ Re: Situate: SCTM#: KAPLAN (and Miller) Property 67~5 Nassau Point Road; Cutchogue; New York 1000- 111 - 15-008.1 Dear Mr. King, This Firm represents the owner of the above referenced property, who is requiring etnergency approval to reconstruct the original bulkheading thereon, and restore lands lost, all as a result from Hurricane Sandy. In that the original bulkhead was pre- existing with respect to the Southold Wetlands Code, it was requested that a full wetlands pernfit be obtained from your Board. Consequently, please find attached: (1) Town of Southold Trustees Wetlands Permit Application (original and two E*2~ copies); (~2) Short Environmental Assessment Form (original and two ['~2'] copies); Local Waterfront Revitalization Program application (original and two ~2~ copies); Town of Southold Erosion, Sedimentation & Storm-Water Run-off Assessment Form (three 1-$~ copies); (5) Photographs of the current condition of the shoreline structures (three sets); (6) Location Map fbr ret~rence (three ~S~ copies); Hammarth/ 2 Project Plan prepared by Suffolk Environmental Consulting, Inc., dated March ~20, ~201~, indicating all existing and proposed conditions thereon (three ['$~ pririts); (8) Check made payable to the Town of Southold in the amount of $~50.00 covering the requisite application fee. By way of this correspondence, and on behalf of Ms. Kaplan, I respectfully request for the commencement of review of the attached application, and the subsequent scheduling of this matter before the next available Town of Southold Board of Trustees ~neeting for pertnit issuance. Should you have any questions regarding this matter, please feel free to contact this office at any thne. Thank you in advance tbr your cooperation. Sincerely, Matt D. Ivans eric. cc: E. Kaplan Southold Town Board - Letter Board Meeting of March 26, 2013 RESOLUTION 2013-280 ADOPTED Item # 5.44 DOC ID: 8695 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-280 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 26, 2013: RESOLVED that the Town Board of the Town of Southold hereby waives Trustees' permit fees for any repairs or construction, that in the sole discretion of the Board of Trustees, are determined to be related to Superstorm Sandy, until May 1, 2013. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER: William Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Talbot, Evans, Russell 6983 ~CH£CK/llllll' ~ DOLLARS ~ ~ Page 2 Dra~a~ By: JFL ~ ~ I)ate: ~1/22/2013 KAPLAN Propex%' Site Plan CorllYIlJ'llJ~; Adapted ti'om fl~e stuxcy Situate: 672,5 Nassau Point Road, Cutchogue, NY prepared by Peconic Sun,cyorsP.C. last SCTM#: 1000 - 111 - 015 - 08.1 revised on Fcb,ualT 11, 2013 Scale: .g . " strayer 0~' Project Description: ~ a~ ~,~x~ U~ ] ~ LO~ 4~ ~ P/O LO~ ~0 Applic~tproposestorecons~-uctint,lacefl~c 1"= 40' ~ ~~*~ ~' ' '~UW~D~ U~P ~ O~ ~V ~mr II existingbul~mad on thc propcrB'. Thc existing C~g~ / ~ARD OF TRUSTEES ~ ~ n~ ~vo. ~a ~ nz~ ~o. ~ II bulb,cad was hea,fly d~ed by Hu~cmm Sturdy. ~ ~'/ -~nF ~HO~ , ~ ~ AT NA~AU POINT J J AdditionMly, mcapplicmnproposes~oreesmblish ~ TO~N OF ~OUTHOLD ~ die ~ade l~dw~(l of d~e bul~ead ~ il cxistcd : SUffOLK COUNTE II priortod,ed~l~fromHun~c~eSaudy. ~ -: ~I ~ t'-- . ' I~II17~6-8~ I I ' + ' ' ~ ~ ~ ~ ~ ~' I = 80 Conscquenfly 150- cubic feel ut clem~ sm~d fill ~ ~ '. .n,~o. ~ ~r 14. ~01S [ [ would bc deposited lm~dwm'd of the reconsU'ucted / · II bul~mad. O~e seaward ~ade of fl~e shoreline, m~d would mn ~ 118' ~ong thc castcrn edge of thc property. ~ Furfl~ennorc a 10 fool return would bc consm~cted ~ .7~~ ~ ~~ =5~ ~ t x ¢ ?. I OU bofl~ fl~e northern m~d southern cud of fl~e o~'~ ~ [ ~ ~,~'- ~ 5 k "- ~ .~~ ~-= ~ . , ,,~, m ~ E g JlJ~[The construction of me bul~ead will follow these ~ · MI timber to ~ncct or exceed AWPA stm~d~ds (C-2 ~ m~([ C-18) tbr prcscn,afive a-ca~ncnt as applicablc ~ ~' * For timber face m~d anchor piles, refcr to ASTM D-  25 lbr di~eter m~d s~aighmess ~ ~ ~ c~k '' '-. ~':: /~ / [ I per squ~e Ibm or be s~nless stccl )~ade 304 or ~r ~i~n~n~ ~ ~n~ m rots ~R~Y ts ~ ~ ~tC~lC ~YORS, P.O. J [ S~V, or SP per ASTM D-2487) m~d compacted at exper ss ~ ~cn~ ~~ 2 ~ ~nnmmn~s I I least 95% (per ASTM D-698) ~ ~ P 0 BOX 909 ~ ~e wuo ~ mts u~ ~o c~es ~ ~ ~ tF . · ELEVAteS ARE RE~R~ TO NA~. ~0~ N~A~ ~ HE~. ~OLO, N.~ ~79~ J ~~ J J L 1 K/kPI ~AN Properly Situate: 6725 Nassau Point Road, SCTM~: 1000 - 111 - 015 - 0a.l Cross Section l)ale: i 22 201:~ l),a~m B): IF1 .......... KAPIAN Property Smlatc: 6725 Nassau Point Road, Cutchoguc, NY SCTM#: 1000- 111 -015-08,1 Tol) View Project View