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HomeMy WebLinkAbout1000-98.-5-18 OFFICE LOCATION: ®� s® MAILING ADDRESS: Town Hall Annex ® P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) ems Southold, NY 11971 ® �� Telephone: 631765-1938 C®UIl9T�,� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Glenn Goldsmith, President Town of Southold Board of Trustees From: Mark Terry, AICP Assistant Town Planning Director LWRP Coordinator Date: October 19, 2022 Re: Local Waterfront Revitalization Program Coastal Consistency Review for JAMES & LINDA GEMMILL SCTM# 1000-98-5-18 En-Consultants on behalf of JAMES & LINDA GEMMILL requests a Wetland Permit to remove existing 16'x20' wood deck and embankment stairs with two landings; construct a new embankment stairway consisting of a 10'x10' top landing with two entry steps, 4'x12'6" stairs, a 4'x8' middle landing, and 4'x9'2" stairs, leading to existing 11'x36' deck; remove easterly 11'x16' portion of existing 11'x36' deck, and shift existing 8'x12' shed approximately 36" west on westerly 11'x19'7" section of deck to remain; replace and relocate existing 4'x6' steps to beach off bulkhead; construct a 10'x20' grade-level masonry patio landward of buffer; and to establish and perpetually maintain a 10' wide non-turf buffer area along the landward edge of top of bank. Located: 6004 Indian Neck Lane, Peconic. SCTM# 1000-98-5-18 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. The existing as-built 11' x 19.7 section of deck to remain is recommended as INCONSISTENT with the below-listed policies: Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. A. 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 permitconditions The as-built deck and shed structures were constructed without a Wetlands Permit. The 11' x 16' on-grade platform/deck does not comply with the following Town Code section: §275-11. Construction and operation standards. (6) Platforms I [Amended 10-11-2005 by L.L. No. 17-2005; 10-9-2012 by L.L. No. 12-2012] (a) Platforms associated with stairs may not be larger than 100 square feet. [Amended 1-29-2013 by L.L. No. 1-2013] (b) Platforms may not exceed 200 square feet and must be landward of the top of bluff. The platform associated with stairs with as built shed is located seaward of the top of bank equals 216.7 square feet and does not comply with above regulations. t Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 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 si nificant 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" 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 C E i-VED SCTM# 98 - s _ 18 SEP S 2022 PROJECT NAME James&Linda Gemmill Sout'rtold Town rd The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ® Board of Trustees ❑ 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: C/ Remove existing 16'x 20'wood deck and embankment stairs with two landings;and construct a new embankment tairway,co sistin of a 10'x 10'landing with two entry steps,4'x 12'-6" stairs,a 4'x 8'landing,and 4'x 9'-2"stairs,leading to existi g 11'x 36'deck; remove easterly 11'x 16'portion of existing 11'x 36'deck,and shift existing 8'x 12'shed approximately 36"wes on westerly 11' 19.7'section of deck to remain;replace and relocate existing 4'x 6'steps to beach off bulkhead;establish a 10'wid on-turf er landward of top of bank; and construct a 10'x 20'grade-level masonry patio landward of buffer,all as depicted on the site plan prepared by Richard C.Wright Architect,dated June 28,2022. J. Location of action: 6004 Indian Neck Lane,Peconic Site acreage: 44,745 sf Present land use: Residential,single-family dwelling Present zoning classification:R-40 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: James&Linda Gemmill (b) Mailing address: 35 Hartman Hill Road Huntington,NY 11743 (c) Telephone number: Area Code 631-367-9760 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ® No ❑ If yes, which state or federal agency? NYSDEC Tidal Wetlands(beach steps only) C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. F]Yes 1:1 No VN 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 ❑ Yes ❑ No VN Not Applicable 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 6 through 7 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages S through 16 for evaluation criteria ® Yes ❑ No ❑ Not Applicable The project is consistent with the Policy 4 goals of minimizing loss of structures from flooding and erosion through the removal of the existing 16'x 20'deck overhanging the embankment at the top of the existing stairs;construction of a replacement embankment stairway,with a 10'x 10'entry landing positioned landward of the top of bank; establishment of a 10'wide buffer along the top of the bank,which will help capture surface runoff,thus helping to mitigate erosion; and removal of a significant portion of the existing deck located adjacent to the bulkhead. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ❑Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. ®Yes ❑ No ❑ Not Applicable J. There are no vegetated wetlands located on or adjacent to the site, and the replacement of the embankment stairway will not cause any adverse impacts to the adjacent beach,shoreline,or tidal waters of Peconic Bay. Rather,the proposed project,which was previously approved in a substantially similar form in 2017 pursuant to Wetlands Permit No. 9073,would further the Policy 6 goals of restoring the quality and function of the surrounding ecosystem through 1)removal of the existing 16'x 20'deck that overhangs the embankment at the top of the existing stairs;2)construction of a replacement embankment stairway with a 10'x 10'entry landing positioned landward of the top of bank;3)establishment of a 10'wide buffer landward of the top of the bank;4)installation of the proposed grade level patio landward of the non-turf buffer;and 5)removal of a significant portion of the existing deck located adjacent to the bulkhead. 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 Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III- Policies; Pages 38 through 46 for evaluation criteria. ® Yes ❑ No❑ Not Applicable The only work proposed seaward of the bulkhead is the relocation of the existing beach steps,which will in no way impact public access to or recreational use of the adjacent beach. Attach additional sheets if necessary WORKING COAST POLICIES I •i Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable PREPARED BY- TITLEcoastal Management Specialist DATE 7/13/22 Robe . 1 j=ann Amended on 811105 �q® ��// pa 10'-0'NON-TURF E C E I ® Ea TRIMS X�64L LANDI IIU TO K IOA'X IOA' EL TRADESON �� N RAILING MT � 1971 TRUGT1fi2E EL± Southold Town Board of Trustees a I I I a+ - -1 -�0.0 ,p TOP STAIR LIQ e LANDING EL 14.45' — - --- TOP OF EXISTING BANKSHED BEYOND _ 14A' _ L TOP EXIS b -d I 10' TOP EXIST �'K oC -�-� I 1 I 50NOT1IBE BH6.2' *EL FORSTAIR FACE OF - -i GIRDER EXISTING --- -{ -----� f ----BA' WOOD LANDI BULKHEADL , ----- -- --- - ----6A' RELOGATi� 11 TO 10• 9'-2' 19 T•10'■121-6' STAIR TO OOT., BOTTOM BF.AGH -� ENS BH ± PROPOSED 41%STAIR NUTH LANDINGS PROPOSED LANDING BEACH 9' 24'-10'ISTING DECK BEYOND 94'-10' STAIR 5ECTION 4 GRADE PROFILE. �••1'-O" NQ BRICK HOUSE • ' 3 U 1�, v I' • �y Q) 11.2' C) EXISTING �y 5RICK WALK TO REMAIN 15:-o„ SET BACK PROPOSED 0) 20'x10' SPADE L IWOOD �1 - - --- - ----—------ - _ __ STEPS MASONRY _- - ----- - PATIO TO GRADE I PROPOSED 221 10'x10' \ \� WOOD LANDING a O z EXIST 21" i TOP OF BAN REMOVE -Z TOP OF BANK DIA TREES L 21.9__ ► YqOODNG 21g_20 - -- TO REMAIN - I DECK OSEDI PROPOSED I 2'-6" x 4'Wl '---i 8 -2 _WOOD 5 REMOVE l6 T EXIST TAIR EXISTING 14 4'x8' r-- WOOD 1 DECLANDI 1 C STAIRS ± _ 7M i LANDING T U1 J REMOVE BOTTOM OF BANK i i 1 �_ f 111x16' (±I'ib 5F) - PORTION OF T.O.BH - BULKHEAD EL�.i I +I I--��STING (±594 5F) --- -- OD DECK B.O. BH EL 3.3 217 SF) PORTION OF o EXISTING (±592 5F) O WOOD DECK TO 3 REMAIN RELOCATED S EXI5TING BAG STAIR TO ERMOVE 9: FLOT FLAN LAV EXI5TING N w SCALE: I" = 20.0' STAIR TO MHWM. _ BEACH . PLOT PLAN INFORMATION AND DATA DERIVED FROM S5601802 79.82 SURVEYS a TOPOGRAPHY PREPARED 5Y PEGONIG � SURVEYORS PG PECONI C BAY DATED: NOV 16,2016 RICHARD G. ARIGHT PROP05ED PATIO 6 SCHEMATIC AIA/NGARB BEACH ACCES5 STAIR PESIGN A R G H I T E G T i FOR OAG NO THE GEMMILL FAMILY 12 HARTMAN HILL ROAD 6004 INDIAN NECK LANE, PEGONIG NEA YORK HUNTINGTON VILLAGE (,� ed SGTM 1000 98 5 18 NEW YORY 11'145 P 69154q 1100 REALRITE®AOL.GOM d • SCALE: • • A5 NOTED DATE 28 JUNE 2022 JAMES AND LINDA GEMMILL,6004 INDIAN NECK ROAD,PECONIC .004 ind,an Neck Ln s. r Google Earth Figure 1. Aerial view of subject property in April 2021. Image by Google Earth. Jff fn j i r Y Figure 2. Looking southeast at existing 16'x 20'deck at top of stairs to be removed,and at locations of proposed 10 foot non-turf buffer along top of bank and proposed grade-level patio landward of buffer. JAMES AND LINDA GEMMILL,6004 INDIAN NECK ROAD,PECONIC A -y Ir Ar _ f c x,, 71 •,g ; Figure 3. Looking northwest at existing embankment stairs to be removed and replaced,deck adjacent to bulkhead to be reduced in size;shed to be shifted 36"west on portion of existing deck to remain;and beach steps to be replaced/relocated. v.- � see sec No oe6 .,�;. •' ' IIB6.aa.0t)2 1'y' O, t W Y t BiC4.J� .�. ..w��t R, 5,ye,\cl� 1�5�\ � J ��6 i if6 • ! � a_ �o.' < ,. r 1 .�,7°w ,ly a'..y w •s e!.� th t. s"` • w.. �. i rP _a1•... Pe .^ ! �,.,4�p"'.r 1�H°1'. sv"i 9, , M e 4e s. \ - e e b t o 0. ' ''\ ay, b t an a ,a. 5W '� e: P' �, \� �uV ' V�,` �' if •! k,p t x < w a s t P M.. - _. NaSpy "too"o s e ly" S !8 '•.'r* . '� ; 9 f 4�aQ �w �',0 4 f-p� ��a a'� �N� ,E•\ �a l��`z�l���� \'�• �s ky 12 T ._ '.• to SEE<Hi N00 u/' N ,e 1 l ,y '• w C \,i'�\'� S *S, `\ , A�"� \ ¢ a'K� , nA"Io 1 \ b;.• M1. 1,�a ,fir+ 'J .. t �Wn_ �i \ DPW=J x \ A�`K sa A .w eC - 011-19ACOUNTY OF SUFFOLK© X":: _ _ ....._ :t }teal Rpet ty lh .Ngvxy 098 8 I SURVEY OF PROPERTY A T PECONIC 2 0 2022 TO WN OF SO UTHOLD SUFFOLK COUNTY, N. Y. Southold Town� Board of Trustees 1000-98-05-18 --i,; SCALE: 1'=50' JUNE 11, 2010 NOVEMBER 30, 2015 ROA APRIL 4, 2016 YAGGA INO �r 11-16-2015 EC NOVEMBER 16, 2016 (REVISIONS) INDIAauc WAS .N (P N /olF can,_ N /Qloo QQ ` -7 cP 4.6A 65 55 `J,P .` o ` OS 4CT A VIA \ t' �!'°�, I �°'irk ®�ys• O `fr` ' � ps tt 4� '' •'� ��, C-) ,r \ \° \ cTt w %w' ,.A Oa �� \ 0.15 '10 too- 00 oo 01 TEST HOLE DATA 0. McDONALD GEOSC/ENCE 08/21/15 DARK BROWN SANDY LOAM OL hp --- 0.5' �0�' ��e• SIF' t BROWN SILTY SAND SM 10 56 '� 5 PALE BROWN F/NE TO MED/UN SAND SP VO 17' NO7E.• NO WATER ENCOUNTERED CERTIFIED TO JAMES N. GEMMILL FIDELITY NATIONAL TITLE INSURANCE COMPANY FLOOD ZONE FROM FIRM #36103C0164H ' ELEVATIONS AND CONTOURLINES ARE REFERENCED TO NA VD 88 ` '`,g - ANY ALTERATION OR ADDITION TO 77-IIS SURVEY IS A VIOLATION AREA = 44, 745 S 1' -�I OF SECTION 72090F THW.E NEW YORK STATE EDUCATION LAq-' Ft. .S LIC. N0. 49618 CONIC:..!? S, P.C. HEREON ARE VALID FOR THIS MAP AND COP/ES THEREOF ONLY IF EXCEPT AS PER SECTION 7209-SUBD/VIS/ON 2. ALL CERTIF/CATIONS Oj" 1,027 Acres (t0 Tie Line) (631) 765-5020 FAX (631) 765-1797 SAID MAP OR COP/ES BEAR THE IMPRESSED SEAL OF THE SURVEYOR P.O. BOX 909 WHOSE SIGNATURE APPEARS HEREON. 12JOSOUTHOLD M ANT .Y. 11971 10-151