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HomeMy WebLinkAbout1000-115.-11-9 OFFICE LOCATION: SO(®� � MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 ® JO Telephone: 631765-1938 ®lycou 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: February 9, 2023 Re: LWRP Coastal Consistency Review for of ROBERT& MARYBETH POLKE SCTM# 1000-115-11-9 ROBERT& MARYBETH POLKE request an Amendment to Wetland Permit#10035 for the as-built addition of approximately 100 cubic yards of topsoil along the seaward side and west side of the property in order to re- surface the damaged lawn after construction; top soil graded out and area reseeded for lawn to match the grade of the existing lawn. Located: 1325 Lupton Point Road, Mattituck. SCTM# 1000-115-11-9 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 as-builts are INCONSISTENT with LWRP Policy 6.3 and, therefore, INCONSISTENT with the LWRP. 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 permit conditions. The as-built action was constructed without a Board of Trustee review or permit. It is recommended that the Board establish a vegetated buffer with existing vegetation to protect the wetland. 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: Honorable Lori Hulse, Attorney Town of Southold i LWRP CONSISTENCY ASSESSMENT FORM Fr-? p 7 N23 i 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 sir'nificant 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" 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- M orting 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# /ls -�- PROJECT NAME i The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of TrVees 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: �svr�, 2v �x r�.✓6 ��re.s�1� i?��c7 %ao�� •�2 -�Gu F� a-�c����v� Sc�l r, u�i1S �i�y�l�-7 0,� Sl�� 7y �'.�-ate ,7 ^L Zv G�/�✓-V� 'vt.�pt✓�y rvr�5� ?mak c./f7 �K�S��i✓� u' ,✓ 6AA-rg 0. Location of action: l3c2-S" ► �D�°�`T — ��1�7s��/�� Site acreage: ©'Y Present land use: O`y I Present zoning classification: A?ig?Ofiju2cA-L 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: (b) Mailing address: (c) Telephone number: Area Code (d) Application number, if any: 1 J tq Will the action be ectly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No If yes, which state or federal agency? 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 crite ia. Yes ❑ No ❑ Not Applicable Woe, Mr7t&'jZq> S�G,v��vt�� Sc �•nna�a<,� S ?i�$LG. ��?c.�I� Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Poli 'es Pages 3 through 6 for evaluation criteria 1:1Yes 1:1No Not Applicable Attach additional sheets if necessary Policy 3. Enhance 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 Czj...s�� �a�� ?u...r�t� S�sLt--SI`'✓�L, L�S�i- OF g �r,� Z�J L- � Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Sectio III—Policies Pages S through 16 for evaluation criteria Yes ❑ No Not Applicable �cn..�._�1 ►S5�'� � _ :nc2r(o�'G+-1 B� � '���' £et �1�Si�.�l �=�' ���+� 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 1 for evaluation criteria El Yes 1:1 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 LW-RP Section III—Policies; Pages 22 through 32 for evaluatio criteria. ❑ ❑ Yes No Not Applicable 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 [:g"'Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. 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. ❑ Ye�] No dNot Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See WRP Section III—Policies; Pages 47 through 56 for evaluation criteria. F-1Yes [_1 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 2/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 foreval tion criteria. F-1Yes ,❑ 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; ges 65 through 68 for evaluation criteria. ❑ Yes ❑ No Not Applicable PREPARED BY Zm� /� cf_ TITLE DATE /a a� , � December 20,2022 Town bf Southold,Board of Town Trustees Town Hall Annex 54375.Main Road PO Box 17.79 Southold; NY 11971-0959 Re::Amendment to Permit 10035 Dear Trustees, We have.completed.work for erosion mitigation at:our home at 1325 l-upton Paint;Mattituck as;per- approved permit 10035.As"part of,the bluff regrading,rip-rap,and coir log installation under the petrnit, brush and weeds were'necessarily removed from the bluff during:the construction;After stabilization, the entire bluff has been replanted with native beach grass and bearberry as'per the approved:pla, Throughout the process,we made eictensive efforts to retain all trees ori the bluff:and the laiidward,side Of-the bluff Although some roots have been severely exposed by the previous erosion,it doe s=appear these trees will:continue tobe`viable--long term as a result'ofthe stabilization efforts. Post-construction we were cited for:bringing topsoil'on to the property-rwithout obtaining a perriiit:After over 2 years of construction the surface of the property was significantly damaged:We were:not aware- ` an additional'permit was required#o repair this damage bybringing topsoilon-site to simooth.and top- dress prior to reseeding 66 previously existing Lawn.Approximately 100 cubic yards.of soit;was.required- to complete this vuork which aftersmootliing.matched the grade of the:existing iawn:5ee revised plan attacbed for further details. . We attended courton•September 21,,2022 and paid.a$500'fine;and agreed to submit an as built permit for the topsoil. 1n discussion with the Trustee office in iieu-of an as built permit;:it was requested to submit this amendment to the'existing permit to help clarify the situation.We hope you find'this to amendment satisfactocy but.wiit be happY provid' a any additional information as required. Kind regards, Robert and"MaryBetti Polke 1325 Lupton Point Road Mattituck, IVY 11952 516-776-8384 PROPOSED COIR LOG AND PLANTINGS BANK STABILIZATION. COIR LOGS TO BE PLANTED AS SHOWN IN TYPICAL SECTION DEEP HOLE CREEK OR ACCORDANCE WITH TOWN AND NYSDEC RECOMMENDATIONS Nevy Suffolk Ave STAKE COIR LOGS WITH OAK STAKES EVERY 2'.O.C. n� 3 PARALLEL ROWS EACH WITH 3 LOGS IN HEIGHT. (TOTAL LENGTH OF 276 LF �0 1325 Luptons Point Road ' ° PROPOSED SINGLE ROW OF RIP-RAP (2-4 TON MAX) AND �N° TWO ROWS OF COIR LOGS ABOVE. AREA TO BE PLANTED 1 �M�' s o" p°, AS SHOWN IN TYPICAL SECTION OR IN ACCORDANCE WITH 2 5 69'1Al i TOWN AND NYSDEC RECOMMENDATIONS. STAKE COIR LOGS WITH OAK STAKES EVERY 2'.O.C. - 2 PARRALLEL ROWS A iiN� lattituck EACH WITH 2 LOGS IN HEIGHT. (TOTAL LENGTH 80 LF) /. ,+�/ o of e i 40 \ ` PREPARED BY: JEFFREY PATANJONO FILL TO BE ADDED �• ��'� I = a °�"I AA'rr' P.O. BOX 582 00 II g a�N BOHEMIA, NY 11716 0 3 LOCATION MAP 631-487-5290 6`� N.T.S. JJPATANJO�GMAIL.COM PS NtME ALONG GAZEBO UK PLANTS PROPERTY OWNER: /'' $ I =-ursi MAMHUSSETTS - BEARBERRY 0 24'O.C. ROBERT & MARYBETH POLKE / ��%'��� �P��// I ______ OR APPROVED EQUAL IN EXISTING SOIL 31 EUSTON ROAD /.,� �..�'oF e�`' ��°e°� Y I __ Pr�Pon a•COIR Lots STAKED 2' O.C. wTIH 2•x2xso•LONG auc srAlcEs GARDEN CITY, NY 11530 �• o° *� �o�o� x E>asnNc GRADE /• ;� /� o Tn O o - •r M A �� � j I c APPROOOWTE M.H.w.EL 2.Sf Ij APa------M_�w o_o-t_-- 1 k 1/2 STORY I 11 3 FRAND AND I 11 I IXI U PHOTO LOCATIONTYPICAL SECTION @ COIR LOGS E E _L M E ®p I I D I 1 N.T.S. x I I I PROPOSED 4' NIDE MARITIME PLANTING AREA ALONG 1 I I UPPER BANK PLANT WTIH ARCTOSrAOHriOS i uw-umi NASSACHUSSE TS- BEARBFRRY 0 24.O.C. / \ OR APPROVED EQUAL IN EXISTING SOIL DEC 2 2 202 \ j PROPOSED B•COIR LOGS STAKED 2' O.C. WITH 2X21(30• LONG OAK STAKES - r PROPOSED SINGLE ROW RIP-RAP AT TOE OF EXISTING SLOPE Sn:;` �(_ WWMUM OF 2-4 TON STONE TO BE USED Board 01 TrUs:eeS _ \ o ISTI EXNG GRADE— PROPOSED FILTER FABRIC UNDER PROPOSED RIP-RAP STABILIZATION LIMITS OF TOPSOIL OVER-DRESSING \\ I AND SEEDING FOR SOIL STABILIZATION \ ; j I 1 \1z APPROOOMATE M.H.W.EL 2Sf___-- 1 I ,�`----------- ------ / o \ Ac PgolawE w_Lw a.o_ft_ cai \\ TYPICAL SECTION © RIP-RAP COIR LOGS I N.T.S. O _ � \ O — Proposed Permit Plass SCALE: _ _ — � _ 1"=30' NOTES: PROPOSED PLAN, DETAILS AND DATE: 5'p0" " D LOCATION MAP s-27-21 1. LOT AREA: 37,035 S.F. / 0.85 ACRES 11-3_22 A5�0o INT ROA PORTIONS OF PLAN FROM SURVEY PREPARED BY: 1325 LUPTON POINT ROAD O UpT ON p 0 2. PECONIC SURVEYORS, P.C. MATTITUCK, TOWN OF SOUTHOLD L 1230 TRAVELER STREET, SOUTHOLD NY 11971 SUFFOLK COUNTY, NY SHEET: SURVEY LATEST DATED FEBRUARY 28, 2012 TAX YAP NO. 1000-115-11-09 1 of 1