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HomeMy WebLinkAbout1000-87.-4-2 OFFICE LOCATION: OF SO(/jyo MAILING ADDRESS: Town Hall Annex l0 P O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 G • Telephone: 631 765-1935 com LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Glenn Goldsmith, President Town of Southold Board of Trustees From: Mark Terry, AICP LWRP Coordinator Date- October 26, 2020 Re LWRP Coastal Consistency Review of ROBERT& LAURA BOTKA SCTM# 1000-87-4-2. Howard Ruben on behalf of ROBERT& LAURA BOTKA requests a Wetland Permit to remove and replace 314' of wood bulkhead with new vinyl bulkhead which includes±70' of returns; excavate and replace±945 cubic yards of soils during construction; re-plank existing 13.5'x18.5' timber boat launching ramp with new timbers, and extend it an additional 3' landward in order to decrease the slope of the ramp by excavating the area an additional six (6) cubic yards of soils to change the angle of the boat launch; the six (6) cubic yards of excavated soils will be used as back fill for the washout areas that need to be filled in during bulkhead replacement, existing 3'x12' aluminum ramp/walkway to a perpendicular 5'x10' plastic float to be temporarily removed and replaced in place; and to install and perpetually maintain a 10'wide sand or gravel non-turf buffer area along the landward edge of the new bulkhead. Located: 660 Private Road#12 (a.k.a. 660 Windy Point Lane), Southold. SCTM# 1000-87-4-2. 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 LWRP policies and therefore CONSISTENT with the LWRP. 1. Require the deployment of turbidity controls during operations/construction. The dock(ramp/float) is recommended as INCONSISTENT with policy 6.3. A permit was not found for the structure in Town laser fiche records. If the action is approved, it is recommended that the Board address the possibility of the float resting on the bottom. 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: Damon Hagan, Assistant Town Attorney 1 Town of Southold RECEIVED JUMW CONSISTENCY ASSESSMENT FORM0 C T 21 .2020 Southold Town A. INSTRUCTIONS Planning Board 1. 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. 2. 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 ugon the coastal area(which includes all of Southold Town). I If any question in Section C on this form is answered "yes" or"no",then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail,listing both supporting and non- supporting facts. 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#/0 0 0 _ g �} _ 04 O z PROJECT NAME 661—t�,A >0 k y," AC> -AC 69 1 The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board❑ 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: ' LWO OR> 14 A j /Zr Ca I L-4 Detailed Project Description The following project is proposed at The Botka property(0.588 ac) at 660 Windy Point Lane (Corey Creek) in Southold. Replace the deteriorating wood sheathing bulkhead with vinyl sheathing bulkhead to protect the aforementioned property and structures by preventing bank erosion and potential structural damage as well as preventing siltation impacts to the Corey Creek environment.Total linear footage of bulkhead to be replaced is about 314 ft, of which approximately 70 ft are returns. Site conditions include: residential wood frame house and unattached garage as well as a concrete block shower, lawns and shrubs. The property lies east of the southern terminus of Windy Point Lane. Along the NW (canal) section of the bulkhead is an 18' by 42' setback that contains a 12' x 3' aluminum ramp/walkway perpendicular to the bulkhead and resting on a 10' x 5' plastic float . Along this bulkhead line, approximately 50'_ NE of the set back is a 13.5'x 18.5'timber boat launching ramp. The proposed plan is calling for the boat launch timbers to be replaced (250 sq. ft.), and, the ramp to be extended landward 3' (+40 sq. ft.) to decrease the slope of the boat launch which as exists now is very steep and poses safety issues whenever a boat is launched or retrieved. Project site changes include excavating an additional 6 cubic yards of soils to change the angle of the boat launch by extending the ramp 3' landward. This will increase the surface area of the ramp by @ 40' bring the total surface of the ramp to @ 290 sq.ft.The 6 yards of excavated soils will be used as back fill for the washout areas that need to be fill during bulkhead replacement construction. Project Action: Work to be conducted both landward and waterward of the bulkhead. Dismantle and remove the existing bulkhead structure (piles,wailers, sheathing,tiebacks etc.) to include excavation of the required area and volume of soils necessary to access the existing structure and replace with new materials as described. Dismantle and properly dispose of old bulkhead and returns, replace them with @ 314' of 14'vinyl C-lock sheet pile,wood piles (8'- 10" butt x 16')with two 6"X 6" wood whalers. New bulkhead to be anchored by 14'foot x steel rod tie backs 10" butt lay logs and 8" butt deadmen. Dismantle boat launch, properly dispose of old materials. Excavate and extend upper end of boat launch. Use excavated soils 'or fill in washout areas behind new bulkhead. Re-plank launch surface. The new bulkhead occupies the same location as the bulkhead that it will replace.�No excavation is anticipated seaward of the bulkhead line. Project actions include excavation and replacement @ 945 cubic yards of soils (disturbed area @0.095 ac) to accommodate bulkhead and ramp removal and replacement. The total excavation volume includes about 15 cubic yards of additional soils to back fill those areas washed out due to (existing) bulkhead failure. Some of this material will come from soils excavated for the ramp extension,the rest will come from an approved source. A surface layer buffer(0.063 ac) of sand or gravel will be placed 10' landward of the bulkhead. The buffer will be planted with appropriate non turf species. Because the bulkhead run is adjacent to a dredged canal and there is no wetlands within the immediate activity zone,with the appropriate BMPs it is unlikely that any significant impacts to any tidal marsh will occur due to project activity. Project actions will be timed in such a way as to maximize construction activities of the greatest disturbance during periods of low tides. Location of action: Nb i re SidXAlbVS N q I 14,3 Site acreage:_ eoS C4-e— Present land use: �,,��� c(-zv'�i"- Present zoning classification: 2. 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:. R-0 BV-PUZ' z K A (b) Mailing address: (c) Telephone number: Area Code (d) Application number,if any: Will;7No ' n be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ If yes,which state or federal agency? Iy be A - 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 ;er ' . 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 1:1Yes 1:1 No D Not Applicable Attach additional sheets if necessary Policy 3. nhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP ection III—Policies Pages 6 through 7 for evaluation criteria [?(Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary NATURAL COAST P®LICEES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LW12P Se cti ffi—Policies Pages 8 through 16 for evaluation criteria Yes ❑ No ❑ Not Applicable ?- Attach additional sheets if necessary Policy 5. Protect and impro water quality and supply in the Town of Southold. See LWRP Section HI —Policies Pages 16 throu 1 for evaluation criteria F] 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 2 for evaluation criteria. throng ❑ ❑ Yes No Not Applicable Attach additional sheets if necessary Policy 7. Protect and imp ve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for aluation criteria. Yes n No Not Applicable Attach additional sheets if necessary Policy 8. Minimize en amental degradation in Town of Southold from solid waste and hazardous substances andwastes ee 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. YeA0 No 9Not Applicable Attach additional sheets if necessary WORIMG COAST POLICIES Policy 10. Protect South , is water-dependent uses and promote siting of new water-dependent uses in suitable locations. Se WRP Section III—Policies; Pages 47 through 56 for evaluation criteria. 0 Yes ❑ No Not Applicable Attach additional sheets if necessary Policy 11. Promote sus I ble use of living marine resources in Long Island Sound, the Peconic Estuary and Town wa rs. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes D No Not Applicable ` Attach additional sheets if necessary Policy 12. Protect agricuftural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for7TN-1ot on criteria. ❑ Yes 171 NoApplicable Attach additional sheets if necessary Policy 13. Promote a propriate use and development of energy and mineral resources. See LWRP Section III—Policies; ages 65 through 68 for evaluation criteria. ❑Yes ❑ No Not Applicable PREPARED BY -4dtl TITLE �� DATE 1. The proposed replacement of the deteriorated wood bulkhead with a new vinyl bulkhead in the same location promotes this policy by preserving, maintaining protecting, and enhancing the character this waterfront community along the developed Corey Creek shore line. The proposed project does not represent a change or increase in developmental pressure, and does allows continuation of beneficial use of a coastal location. It is not anticipated that this project will significantly impact any natural resources. It is possible that some temporary impacts may affect the the benthic environment immediately adjacent to the bulkhead. There may be some deposition of sediments or mechanical disturbance. There is no marsh vegetation associated with the bulkhead.There is salt marsh across the channel from the SW run of the bulkhead but it is unlikely that any significant impacts will occur due to the proposed activity. Replacing the bulkhead will halt siltation into the waterway that is now occurring due to numerous bulkhead washout areas. This proposed project is compliant with this policy. 3. General visual quality of the project site will be enhanced by removing deteriorated bulkhead components and replacing them with new bulkhead materials of compatible character to the neighboring residential environment. These new bulkhead materials are expected to deteriorate at a much slower rate than ordinary wood thus maintaining enhanced visual quality for a far greater length of time. Impacts to natural resources (vegetation/intertidal zone/WQ) will be minimized by implementing Best management practices (BMPs) such as placing boom/sediment barrier seaward of the work area and conducting the most dispersive activities during periods of low tide whenever possible. This proposed project is compliant with this policy. 4. The residence at 660 Windy Point Lane is protected by a wooden bulkhead which as begun to fail. The purpose of the bulkhead is to protect the property, infrastructure and the owners. A properly functioning bulkhead also prevents environmental damage by preventing negative environmental impacts that would occur from flooding as well as erosion of the embankment into estuary. Not only would sediment impact the marine live but it would also negatively affect the navigability of the boating channels adjacent to the bulkhead. Further deterioration of the of bulkhead and eventual failure would facilitate rapid erosion of the land behind the bulkhead putting the residence as well as neighboring properties at increased flood risk. It is also likely that rapid loss of sediments from behind the failed bulkhead negatively impact localized water quality, and the character and quality of the adjacent intertidal benthos, especially during storm events. Reconstruction of the bulkhead is the most effective and affordable method of providing erosion protection, and decreasing potential threats to life and property at this location. Appropriate BMPs (see#3) including recommendations from the trustees will be instituted to minimize any negative impacts to natural resources. This proposed project is compliant with this policy. 6. This proposed bulkhead replacement project is located within Reach 7 of the Town of Southold Significant Coastal Fish and Wildlife Habitat designations. Ecological quality at the construction site and adjacent to this proposed project will be protected and maintained Significant losses or degradation are not anticipated, as avoidance and minimization will be instituted whenever possible by using BMPs as previously discussed as well as employing those regulations and recommendations required by the town trustees. No significant impacts on ecological components or ecological function are expected from project implementation. There may be temporary negative impacts including localized increases to turbidity, increased sedimentation within the intertidal areas and to shallow areas immediately adjacent to the bulkhead. No fragmentation is expected. Project construction will not significantly impair viability of the project site ecosystems or adjacent intertidal or littoral habitats. The project will not significantly impact any physical or chemical parameters as they relate to tolerance limits of any fish, benthic or other wildlife species. There are no known (State or Federal) rare or endangered species of plants or wildlife expected to be present at or adjacent to the project area property. However, it is possible that occasional transient individuals of listed species may visit the area. None of these previously listed impacts are expected to have significant or long term negative impacts to these habitats. Intertidal organisms, infauna and epifauna evolve various survival strategies to tolerate occasional large, often rapid changes in turbidity, salinity, and sedimentation rates in areas susceptible periodic high energy events. Finfish will migrate out of the area. Temporary impacts to physical and chemical parameters from the construction activity of this project are not expected to surpass the tolerance levels of the various marine organisms existing in these habitats. Any negative benthic impacts are expected to be short term and insignificant with full recovery of benthic diversity and density within a few months after construction is completed. There will be no filling or dredging expected seaward of the bulkhead alignment. Although it is highly unlikely, any significant loss of adjacent marine marsh vegetation correlated to construction activity will be mitigated for by replanting as recommended by the Trustees. N IN � saalsnlsn - _ pinRlnoS A i �1 ozoz 8 z Waa .� � � C] r,s`vim€ r �,;; o=. oik illip ;., Swy ` Fi sem' ■ C• i `^I,1/ "4 do •n7n7 aunr uaanu njpmnu An najpcl;ila i I Ice i If Photo Key and Detail of Equipment Route: Wooden Bulkhead Replacement, 660 Windy Lane, Southold NY, 11971, Suffolk County. I 1 �, Owners: Robert and Laura Botka Prepared By Howard Ruben June 2010. PHOTO RECORD 660 WINDY PT LANE:BOTKA BULKHEAD REPLACEMENT (pg 1) '^ _ `¢� „'" 'f•� I..f, 3 o.y' _-R.sv_..+�, - ;(-•� -fir` - I 1. View NW to house from Windy Pt Ln 2. View NW from bulkhead to house "z p..s tom: _- -_ � > _ � � nr•. _ j5ty�_._l�a.i.: - - _ �-2,�•.�,=.'.�t+•sNSNm �.�•W `^� _ �_�ry� T3.µ'icrt .. �wr:'�" _ �r. "• w.�-h tx..d` j ^:'� y�'uf'�.}4r ''.,� ..._,`-LL _=":'sem� >:,.c. �-... :,�,-.-', _„�,b ,- >�.�`- �e�•.,u,,, _• - - _ __ _ _ '•S`-. tet. - '�"�[[��"'�a�=`.'"^ -_ -,F-=-` }' _;'ar-• ;�✓'%,1`--`et--.a�.,.a...,;,..a,-'isT`"`^--.-...-.-.,..�.s-.-r_�._ n+:�^ ,s, f'' 1' =,��. -;,•c..r"- - -' -rte 2-,'-o"-�„",._ ate.-,_9r a�T 4+e^” ""-•,> „yl„ �v' '4�"4Mr'+<,. y'4� ^c •3� ."'��va"�`.-�"i.�..y-`%`.x.'..�vb 1+. ..tR'. A p`' Rr'4a -R' G:: � ,d.i'_ay,,mil F-:"r '_�t�:y�et`r�•;!J A'�•• ` �e ,0� t"t ( i . - {.1. �- .S'+3 - J.--- `•`y} _ .�:".ki.'--- _ �t�p.�ra%. 44 �'�• �..�.' - - _ -__: - - r- - �'e '';ate.r. :anKa, �g{�d 3' r� ',�a`t'„A'4..•�„^�"..,�� .rr View-SW from house to Corey Creek 4. View NW along SW bulkhead Site Plan: Wooden Bulkhead Replacement, bbU Windy Lane, Soutnoid NY, lly/l buTT01K county. Owners: Robert and Laura Botka r ' Prepared By Howard Ruben June 2020. SCALL I 4' '3 PATAiu A R A CSG 3'3 Ma rip • ' IL'x3r ie.t�vi`.► NU P1 L � 4A.,xa>r. R4// �r I� JUL 2 2020 / L '� " '`.... L.APJT3�.1f:.ri.•� " G�s' {`2��•- 4 `C+-r �D , �C � �� pSm;t,c'd;cern ,, /d.•r� V f Cross Section View: Wooden Bulkhead Replacement, 660 Windy Lane, Southold NY, 111971, Suffolk County. Owners: Robert and Laura Botka Prepared By Howard Ruben June 2010. 6X� Woo WALIS Z5, CG A �• �,r,,BUT ____ _ _ !Jb/✓"?u fii~ PI A(..ITI I�Ca . p / C D[�Rp17.�s� 5 K �j !S!l7J.v,L'��1!-1•1 it�_ !!J l�I.� �i J�l��.�i 1.:.' � i! 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