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HomeMy WebLinkAbout1000-116.-6-3 KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAIliNG ADDRESS: P.O. Box 1179 SouthoId, NY 11971 .I , PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: James King, President Town of South old Board of Trustees From: Mark Terry, Senior Environmental Planner L WRP Coordinator Date: August 21, 2006 Re: Request for Wetland Permit for Russell McCall SCTM# 116-6-3 David Corwin on behalf of RUSSELL McCALL requests a Wetland Permit to construct 85 If. of new vinyl seawall 15" in front of existing concrete seawall, and backfill with approx. 31 cy. of sand. Located: 10140 New Suffolk Ave., Mattituck. SCTM#116-6-3 The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (L WRP) Policy Standards. Based upon the information provided on the L WRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is EXEMPT from L WRP review pursuant to 268-3 of the Town of Southold Town Code: MINOR ACTIONS -- Include the following actions, which are not subject to review under this chapter: A. Maintenance or repair involving no substantial changes in an existing structure or facility; CC: Shawn Kiernan, New York Department of State, Division of Coastal Resources -...-... ~ 1. IE lr;JIJff [" fRI . I "5'~ All applicants tor permits. including Toml of Southold agenc s, s'lIl!l complete this_~~AFor proposed actions that are subject to the Town of South old Wa~rfr nt Consls .. cy Review Law. 1 is llSsessment is intended 10 supplement other infomlation us~d P.' in making a determination of consistency. *Except minor exempt actions including B!/ildinf!. Perm~ and other ministerial permit.~ not!ocated within the Coastal ~iiin.i/QZard Area:'"'' #f":C~ r ! L WRP CONSISTENCY ASSESSMENT F ToWn of South old A. INSTRUCTIONS 2. Before answering the questions in Section C, the preparer of this form should review the ~xempt minor action list, policies and explanations of each policy contained in the TO\\11 of Southuld Local Waterfront Revitalization Progr(lIlt. A orooosed action will be evaluated 1!S .lO iL~ sitmificant beneficial and adverse efl:ecls upon the coastal area (which includes all of South old Town). 3. If any queslion in Section C on this torm is answered "yes" or "no", then the propos~ll action will affect the achievement of the L WRP policy standards and conditions contained in the consistency review law. Thus. each answer must be exulained in detail, listine: both supuortine aod non- SUlJlJortiDl! facts. If an action cannot be certitied as consistent with the L WRP policy standards and condirions, it shall nol be undertaken. A copy of the L WRP is available in the following places: online al the Town ofSoutholJ' s wehsite (southoldtown.northfork.net), the Board of Trustees Office, the Plarulillg ])~1>artment, all local libraries and the Town Clerk's oUiee. B. DESCRIPTION OF SITE AND l'ROI'OSED ACTION SCTM# /0('\0 . II~ ~ -.s PROJECT NAME M c.. (/) I- L sel1{;J1) L /... JUL 1 8 2006 (a) Action undertaken directly by TO\.\l1 agency (e.g. capital construction, planning activity, agency regulation, land transaction) \:.v ~ Ie,) [B- L ' (~ D D The Application has been submitted to (check appropri<lte response): Town Board D Planning Board 0 Building Dept. D Board ofTrustecs I. Category of TO\~n of Southold agency action (check appropriate response): (b) Financial assistance (e.g. grant, Joan, subsidy) (c) Permit, approval, license, certification: w Nature and extent of action: CONs;:r~ uc'" EfJ~ l J; dj:. AJE.{.J VIN Y L- sE/) lJ4l.?-::_ / N ;::I<.ONr J3~C/<, rJ l"L (JP ex.I.~'T/N~ C.CJ)o/C~J!5/~ S..rAuJ~l.L. W) III /7Pf)fJ..,&.,IMAra..j 3) C.Y. (j~ .5I1A1!J Location of action: I d / l/ () NEuJ SO~rat/< AUc,) ^_1IlT'nn/GI( Site acreage:_ - _ ___ Present land use: litc~ I D eNT/ A L ~ 80S J DEN 77 ,tJ "" Present zoning classilieation: 2. If an application for the proposed action ha~ heen filed with the To",'Il of Southold agency, the following information shall be provided: (a) Name of applicant: K..U~SE.lL C. Jv\.c G41...L. (b) Mailing address: :z 7 S- ~ p~ lA/6=- S I" :5 w J ..9TlAW;>-~ ~,fJ 3G3d-3 ~~c_ .q(j_~ "<..7),L Cd.)rCllO(].{YEJ~)L~1"J J ~ (s(j4{I<164..)...J_ (c) Telephone nwnber: Area Code ( ) ~31 -- ~ 5 3 ~(1 s-'7 S- AUIIIT Cr)/VJ.hlo' '17?-<oJ@V (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes 0 No [g"" rfyes, whicb state or federal agency? C. Evaluate the project to the following policies hy analyzing how the project will further support or not support the policies. I'ro\'ide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form bc returned for completion. DEVKLOPlm COAST l'OLley Policy 1. Foster Il pattern of development in the Town of South old that enbances community character, preserves open space, makes effic:ient use of infrastructure, makes beneficial use of a coastal location, and minimizes adycrse effects of development. See L WRP Section III - Policics; Page 2 for evaluation criteria. DYes D No G}lqotApplicable PR.OIt> e~r}'. . /..~___P-.~l!eLr},l)I3LJ Attach additioll<11 sheets if necessary Policy 2. Proted and preserve historic and archaeological resources of the Town ~f S~uthold. See L WRP Section III - Policies Pages 3 through 6 for evaluation criteria DYes 0 No ~ot Applicable "2.. Attach additional sheels if necessary Policy 3. Enhance ,,'isual quality and prated scenic resources througbout the Town of Southold. See L WRP Section III - Policies Pages 6 through 7 for evaluation criteria DYes 0 No ~NotAPPlieable Attach additional sheels if necessary NATURAL COAST POLICIES I>olicy 4. Minimize loss of life, structurcs, and natural resources from flooding and erosion. See LWRi> Section 111 - Policies Pages 8 through 16 for evaluation criteria [B" Ycs 0 No 0 Not Applicable </'"'1' ,/.. . /i T//1 ....,',,',,1'1 AlIach additional sheels iflleeessary Policy 5. Protect and improve watcr quality and supply in the Town of Southold. See L WRP Section III - Policies Pages Hi through 21 for evaluation criteria [l Yes D No DNat Applicable / ;' '.J 'C'.j, !). f; J \ ./ . " f" , r' I i'lltach addilional shecls ifnccessary Policy 6. Protect and restore the quality and function of the Town of Soutbold ecosystems including Significant Coastal Fish and Wildlife Habitats lInd wetlands. See L WRP Section III - Policies; Page.s 22 through 32 for evaluation criteria. ~ 0 D 3 Yes No Not Applicablc ; E l. /) l J I)C~/I~ (J Allach additional sheets if necessary Policy 7. Protect and improve air quality in tbe Town of Southold. See LWRP Section III - Policies Pages 32 througb 34 for evaluation criteria. o Yes DNO~APPlicable Anach additional sheets ifnecessary Policy 8. Minimi7.e environmental degradation in Town of Soutbold from solid waste and hazardous substances and wastes. S~e L WRP Section 111- Policics; Pages 34 through 38 for evaluation criteria. ~Yes 0 :'010 [J Not Applicable . I /,',', ,.' -; ".)--- 1/ ",1\ _-f ;' / I ' { .'" r ( ,~ PUBLIC COAST POLICIES Policy 9. Provide for public access to, aod recreational use of, coastal waters, publie lands, and public resources of the Town of Southold. See L WRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [}'" y eO No 0 Not Applicable .c:.r. I'" /}7 0,' )i /..- ~"j"~' !'~ ,r "Jl . ." , .-';' ~ ,... . ,; "," Attach additional sheets if necessary Lj WORKING COAST POLICIES Policy 10. Protect Southold'" water-dependent uses and promote siting of new water-dependent IIses in suitable locations. See L WRP Section III - Policies; Pages 47 through 56 for evaluation eriteria. DYes 0 No ~t Applicable Attach additional sheels ifneccssury PoliC)' 11. Promote sustainable use of living marine resources in Long Island Sound, the Peeook Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. DYes 0 No~tAPPlieable Attach additional sheets if necessary Pulic)' 12. Protect agricultural lands in tbe Town of Southold. See LWRP Section III - Polici~; I'ages 62 through 65 for evah~ criteria. DYes 0 No ~ot Applicable Anaell additional sheets ifnecessary Policy 13. Promote appropriate use and development of energy and mineral resources. See I. WRI' Section III - Policies; Pa 65 through 68 for evaluation criteria. DYes D No Not Applicable PREPARED UY Sa1~0 ,~ OAV10 GGR.WJJJ TITLE A GeiJ r DATE 'J -/S, ~6f> !? McCall Seawall LWRP Consistency Assessment Form Continuation Sheet Policy 2 Preserve historic resources of the Town of Southold. There are no historical or archaeological artifacts in the vicinity of the area where construction will be undertaken. Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. The original timber shore protection structure and the concrete shore protection structures are deteriorated. Two concrete seawalls have been constructed behind the timber shore protection structure. A new vinyl sheet shore protection structure is proposed to protect the concrete seawall and thus hold the sand behind the seawall. There are no groins associated with the existing seawall. Groins to the west of the McCall property appear to be holding sand. An examination of the shore at the site and the Downs Creek Inlet indicate that sand is moving from the west into and across the inlet. The existing Downs Creek Inlet is unstabilized. The proposed structure should have no effect on the sands that now constitute the area of the inlet and are moving through the inlet. Policy 5 Protect and improve water quality and supply in the Town of South old. 5.3 Protect and enhance quality of coastal waters. No excavation with a backhoe or clamshell bucket is anticipated in front of the existing structure. Installation of vinyl sheets and piles will be with a water jet. The area behind the existing structure will be excavated to allow the installation of a tie rod backing system. Excavated area will use existing sand and some sand from an upland location as backfill. No discharge into coastal waters from the backing excavation is anticipated. Policy 6 Protect and restore the quality and function ofthe Town of Southold ecosystem. The upland portion of the proposed project contains two indigenous plant species: meadow grass (Spartina patens) and American beachgrass. Meadow grass is a wetlands indicator plant. The meadow grass is the result of waves overtopping the existing seawall thus producing the occasional salt water exposure that is part of the habitat of the meadow grass. McCall Seawall Excavation for the backing system may damage some of the existing meadow grass and some of the American beach grass. Excavation will be accomplish by hand digging and water jet. After construction of the tierod backing system the area adjacent to the new seawall will be raised six to twelve- inches with clean sand similar to the sand on the site now. The existing short meadow grass will spread by its rhizome root system to reestablish itself in the salt spray area. The American beach grass will spread by its rhizome root system to any damaged areas after construction is completed. A 20-foot no-truf zone will be maintained behind the new seawall construction which will encourage the reproduction of meadow grass and American beachgrass. The 20- foot no-turf zone will not receive any lawn chemicals such as fertilizers to eliminate runoff of nutrients into the bay. The project is adjacent to the Downs Creek Significant Coastal Fish and Wildlife Habitat. Best construction practices will be observed to minimize turbidly or other effects on the wildlife habitat. The proposed shore protection structure will use vinyl sheets for a minimum impact on the environment. CCA treated piles will be used for soldier piles for long life of the structure. The bottom wale will be creosoted timber which has been found to be the only material that provides satisfactory service when exposed to marine borers. The proposed structure will be stepped out 15-inches on the top and will be kept as close to the existing deteriorated timber structure on the bottom as practical. The original wall was canted. The new seawall will be constructed plumb. This will result in a step-out of approximately 9-inches at the level of low water. The step-out will allow the existing seawall to remain in place rather than subject the waterbody to disturbance from demolition of the existing wall. It will also eliminate the need for landfill space to dispose of the existing seawall and the need to truck the debris over town roads. Policy 8 Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. No hazardous waste materials will be generated by the proposed project. A step-out from the existing seawall to construct the new seawall is proposed. The step- out will eliminate the need to remove the existing deteriorated structure and the need to transport and deposit the debris from the removal of the existing deteriorated structure. Landfill space will not have to be used to dispose of the existing structure. 2 McCall Seawall Policy 9 Provide for public access to, and recreational use of, coastal waters, public lands, and public resources ofthe Town of Southold. There is currently public access available on the south and east sides of the existing structure. The access begins along the west side of Downs Creek. Public access will not be encumbered by the construction of the proposed seawall 3 LOT 4 1000-116-6-4 10230 NEW SUFFOLK AVE REMCC LLC, LMNY LLC 10725 NEW SUFFOLK AVE CUTCHOGUE NY 11935 LOT 6 1000-116-6-6 TOWN OF SOUTHOLO (UNDERWATER LAND) MAIN RD SOUTHOLD NY LOT 1.2 1000-116-6-1.2 10100 NEW SUFFOLK AVE RICHARD FRAGASZY 1091 SUMMIT CIR WATKINSVILLE GA 30677 ADJACENT PROPERTY OWNERS LOT 3 (APPLICANT) 1000-116-6-3 10140 NEW SUFFOLK AVE JENNY LLC C/O JEROME A. ZIVIAN, ESO 4540 HIGHWAY 20E NICEVILLE FL 32578 LOT 1.1 1000-116-6-1.1 10006 NEW SUFFOLK AVE GLADYS SHRIPKA 48 SNOWBURRY CT RED BANK NJ 07701 LOT 2 1000-116-6-2 10098 NEW SUFFOLK AVE JAMES & MARY JANE MILTON 20 HEMLOCK RD SHORT HILLS NY 07078 S SUFFOLK COUNTY ATLAS MAP 23 GRID K-38 VICINITY MAP '/. \ APPLICANT MAILING ADDRESS: RUSSELL C. McCALL 275 SPRING ST SW ATLANTA GA 30303 LOT 6 CREEK LOT 3 APPLICANT t' ~ Q TOWN OF SOUTH OLD (UNDERWATER LAND) LOCUS StlORE\..Il'lE ~ PECOl'lIC 6"'1 GR(/>.' SEAWALL CONSTRUCTION GREAT PECONIC BAY MATTITUCK TOWN OF SOUTHOLD APPLICANT: RUSSELL C. McCALL DRAWN BY: D. CORWIN SHEET 1 OF 3 MAY 24, 2006 LOCATION MAP NO SCALE "'~~ FLAGPOLE ~ ~ .,.0 / 9/"" G ~4> "l- ;>" G v~ ",<J' ~rf ~'<J FILL PLAN VIEW SCALE 1"-20' DATUM ALW 0.0 '\ ////1 / / / ./ .... ../. IS If u !P "" is .... /' CONCRETE SEAWALL PRIOR TO 1970 '?>. SEAWALL AND AHW CONTIGUOUS *' ",'<J ~.. ~~"f- 4~ ~ PROPOSED VINYL SEAWALL ~'ll // ...- // / ~ ~ 0'" ~.Sj /10/ ",'Ii # ....,C ",CO ~~ G"-O' SEAWALL CONSTRUCTION GREAT PECONIC BAY MATTlTUCK TOWN OF SOUTHOLD APPLICANT: RUSSELL C. McCALL DRAWN BY: D. CORWIN SHEET 2 OF 3 MAY 24, 2006 CENTER LINE VINYL SHEET PILES - - USED FOR STEPOUT AND LOCATION DIMENSIONS I 5" ----1 SG 225 VINYL SHEET TOP VIEW 2" x 12" CCA CAP EL 5.6 - EL5.1- 1-1.3' AHW ~" ,WALE . CRE 0 BOTTOM WALE CCA WALE EL 2.5 1-1' 10' 4 ~ CALV. TIE ROD ". . . .. . 8'" CCA LAY LOG . . ..... '. ~.: ..... ..... . . ~.' CONCRETE WALL ~." ':./ ,.... .' ;'~., .': ALW EL 0.0 '. . '.;'~. .. , .' ~" .... .o.' . . . ....'.. STEP-BACK CONCRETE WALL ORIGINAL TIMBER WALL , O' VINYL SHEET PILES 4' PENETRATION L;. ~ 8"~ x /~{DlER PILE 5.5' p~L FILL VOLUME BEHIND OLD WALL SOUTH END APPROXIMATELY 5 CUBIC YARDS FILL VOLUME BETWEEN OLD WALL AND NEW WALL APPROXIMATELY 26 CUBIC YARDS FILL TO BE CLEAN SAND CROSSVIEW SCALE 1--3' SEAWALL CONSTRUCTION GREAT PECONIC BAY MATTlTUCK TOWN OF SOUTHOLD APPLICANT: RUSSELL C. McCALL DRAWN BY: D. CORWIN SHEET 3 OF 3 MAY 24, 2006 FILL AREA DATUM MLW 0.0