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Home My WebLink About1000-31.-13-3 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To~ James King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner flaff LWRP Coordinator Date: August 10, 2007 Re~ Request for Wetland Permit for Jennifer Gould SCTM# 31-13-3 JENNIFER B. GOULD requests a Wetland Permit to construct 42' of new bulkhead immediately in front of existing bulkhead using C-Loc vinyl sheathing. Construct two 4' returns. Existing wood platform and stairway will be removed then re-installed after construction of the new bulkhead. Re-vegetate existing slope where disturbed. Located: 1825 Truman's Path, East Marion. SCTM#31-13-3 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 INCONSISTENT with the Policy Standards and therefore is INCONSISTENT with the LWRP: Policy 6 Protect and restore the quality and function of the Town of Southold ....... ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. 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 Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed action does not comply with § 275-11. Construction and operation standards. Section (BI) item (a). "(1) Bulkheads, retaining walls, revetments and gabions. (a) Only in-place replacement of existing functional bulkheads (as defined in § 275- 2) is permitted. In-kind replacement relates to the position and dimensions and does not necessarily require or allow for the use of the same materials. At its discretion, the Board may allow for a one-time projection of the replacement structure seaward of the original, only if such placement will not project the proposed structure seaward of adjacent, neighboring structures and if the proposed installation is in close proximity to the original structure. Any subsequent repair or replacement following the first replacement requires the structure to be built on or landward of the original structure." The proposed action will proiect further seaward of the existing wood bulkhead to the east of the property. Please require that the applicant amend the application to meet the above policy to the greatest extent possible. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. rI'~wn of.Southold LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS Ail applicants for permits* including Town of Southold agencies, shall complctc proposed actions that are subject to the Town of Southold Waterfront Consistency Review assessment is'intended to supplement other information used by a Town Southoki malting a determination of consistency. *Except minor exempt actions r~nd other ministerial permits not located within the Coastal Erosion t 2 Before answering the questions in Section C, the preparer of minor action list, policies and explanations of each policy cc Waterfront Revitalization Program. A proposed action beneficial and adverse effects upon the coastal area form should revlc?, tilt in tile Town oi' be evahlated as to its all o£Southold Toy, n) .3 If' any question in Section C on this form is answered achievement of the LWRP policy standards and Thus, the action should be analyzed in more determination that it is consistent to the standards and conditions. If an action standards and conditions, it shall not then the proposed action contained in the consistencs and, if necessary, modified pttor extent practicable with the ceNified as consistent with the A copy of the LWRP !s available (southoldtown.northfork.net), libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROP( SCTM# ~/ ' I 3 3 The Application has bee~ submitted to (che Town Board Cate (a) []~] Planning Dept.. FTown of Southold Ac undertaken ction, planning assistance (e.t (c) Permit, a Nature and extent of'action: REMOVE EXIb-I-ING AND b-FAIRWAY TO BEACH. CLq' BACK D<ISTING 3El-FY TO ALLOW ROOM TI BULKHeaD. CONS'I-RUCT 42' OF NEW BULKHEAD IMMEDIAl~LY IN FRONT OF EXISTING USING C-LOC VINYL SHEATHING. CONffrRUCT TWO 4' RETURNS. RE-INSTALL EXISTING WOOD PLATFORM AND STAIRWAY TO BEACH ArleR NEW BULKHEAD CONSIRUCTION IS COMPLEI~D, REVEGk-FATE DISTURBED AREAS OF EXIffI'ING SLOPE WFll-I ROSA VIRGINIA OR EQUAL PLANTfiD 4'-5' ON CENTER. places: on_.lj~e ~t the T,T,vr, of$,.,,,the, M':~ ..... mate response): e~ action (check appropriate response): ~ · w g~ / To n agency (e.g. capital Di y, agency re~lation, l~d ~saction) ~' ~' g~t', lo~, subsidy) ~.~ Present land use: (J/l~ ]~,/1/~! '~7/q/f~/,/ ~ '" ' ":L',a'h,~,'L : ~f: · ,.','' ' ' ' 2. If ~ apphcation for ~e pmPgS~ ~fion:.h~ been filed win ~e To~ of Sou~old agency, the infomafion sh~l be pm~d~:.. ,..~..,: ,~,., (d) Appli ~ ~b :.. ,~,', ~:h . , ca n n er, iffy ....... Will the action be directly ~de~en, r~e ~g, or'approv~ by a state or federal agency? Yes ~ No ~ .If yes, w~ch ~tate or.f~or~ agenc~ ~C PEVELOPED COAST POLICY Policy 1. Foster a pattern of develoPment la the Town of Southold that enhances community character, prese~es open space, makes efficient use of infrastructure, makes beneficial 'use of a coastal . location, and minimizes adverse effects of development, See LW~ Section III - Polities; Page 2 for evalu atioa criteria. 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 ~ Not Appllcabt~-~,,. Attach additional sheets i~ne~essar~, 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 Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, struetures~ ,and natural resources from flooding and erosion. See LWRP S.ection III - Policies;pages,S, ~throUgli.~l 6ifil:' ~*~lU,ati6n'~r'l'te~.la~''!''.''' ;~:" .... ':': ~ Yes ~ Nol I NotApphcable...r~ ,~ , [ Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section/Il -Policies Pages 1.6 thrgugh~l for evaluatiollicrlterla: ~ ,:~ v~ .... ,: .... o ~ Not Apphcable~~~a~ 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. Attach additional sheets if ne,¢essary !~.; Policy 7. Protect and improve air quality in the Town of S0uthold. See LWRP Section Ill - Policies Pages 32 through 34 for evaluation criteria, [-~ Yes [-~ No ~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize e ' nv~ronmentai degradation ~i1 T0Wn 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 lauds, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~ Yes ~ No [] Not AppliCable ': Attach additional sheets if necessary WORKING COAST POLICIES Policy 10, Protect Southold's water-del~endent uses and promote siting of new water-dependent uses in suitable ocatJons See LWRP Sectton III -Policies; Pages 47 through 56 for evaluation criteria. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, ,the Peconic Estuar) 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 [] NoV Not Applicable "~a~ ,.,<J~t..~ 0 .l~J_ {';[40~ Ar~ach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LX~ILP Section III - Policies; Pages 65 through 68 for evaluation criteria. [-~ Yes ~ No ~ Not Applicable Created on 5/25/05 ]1:20 AM · Date: ' To: Proposal: :July 24, 2007 SouthoId Town Trustees and Mark Terry Remove existing wood platform and stairway to beach. Cut back existing jetty to allow room to construct new bulkhead. Construct 42' of new bulkhead immediately in front of existing bulkhead using C-LOC vinyl sheathing. Construct two 4' returns. Re-install existing wood platform and stairway to beach affcer new bulkhead construction is completed. Revegetate disturbed areas of existing slope with rosa virginia or equal planted 4'-5' on center. DEVELOPED Policy I COAST POLZCZES Foster a pattern of development in the Town of Southold that enhances community character, presewes open space, makes efficient uso of infrastructure, makes beneficial uso of a coastal location, and minimizes adverse effects of development. The existing bulkhead on this property is beginning to fail. We are proposing to build a new bulkhead immediately in front of the existing bulkhead to ensure that the existing bluff remains protected and stable. The biggest concern is the close proximity of house to the top of this bluff. If the toe of the bluff fails the entire bluff is at risk of eroding. Policy 2 Presorve historic resources of the Town of Southold. This property has no significant historic resources. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. The bulkhead at this location is existing. The present condition of this bulkhead is becoming unstable threatening the integrity of the upland property. A new bulkhead is just an attempt of the upland property owner to maintain her property. There is an existing bulkhead so the visual quality and scenic resources will remain the same. NATURAL COAST POL/CZES Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. The existing bulkhead is needed to protect the upland property. The new bulkhead will not increase flooding or erosion in this area. Policy 5 Protect and improve water quality and supply in the Town of Southeld. This proposal will not have any impact on the water quality and supply of the Town of Southold. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosystem. This proposal will not have any impact on the Town of Southold's ecosystem. Policy 7 Protect and improve air quality in the Town of Southold. This proposal will not have any impact on the air quality of the Town of Southold. Policy 8 Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. This proposal will not degrade the environment with solid waste or hazardous substances. PUBLZC COAST POLTCZES Policy 9 Provide for public access to, and recreational uso of, coastal waters, public lands, and public resources of the Town of Southold. Our proposal will not limit public access to the coastal waters or public resources of the Town of Southold. There is a bulkhead presently existing and we are proposing to construct a new bulkhead immediately in front of the existing bulkhead. This structure will extend no more than 18" seaward of the existing bulkhead and will not exceed seaward of the high water mark. Page 2 of 2 LWRP for 3ennifer Could WORKING COAST POLICIES Policy X0 Protect the Town of Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. Our proposal is to reconstruct a failing bulkhead. The present condition of the bulkhead is poor and is unsafe. This property is used by the upland property owners to engage in water dependent activities such as fishing and swimming, These activities will continue at this site. Policy 'IX Promote sustainable use of living marine resources in the Town of Southold. During the initial construction there will be minimal disturbance to there area landward of the bulkhead. Any area of the bluff will be revegetated after construction, The proposed bulkhead will be constructed landward of the high water mark. Policy 12 Protect agricultural lands in the Town of ~outhold. This proposal has no impact on the agricultural lands in the Town of Southold. Policy 13 Promote appropriate use and development of energy and mineral resources. This proposal has no influence on the development of energy and mineral resources, JUL 25 ?OOT ,o So[~ti~[d Fown o .~/ 07 ao .~ Zo oo ~' ® ® /~/ //