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Home My WebLink About1000-115.-12-24 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 LWRP Coordinator Date: September 17, 2007 Re~ Proposed Permit to construct a low sill bulkhead for Edmund Nash SCTM#1000-115-12-24 EDMUND NASH requests a Wetland Permit to construct (within 18" of existing bulkhead) approx. 105 linear ft. of low-sill vinyl bulkhead and backfill with approx. 15 cy. clean sand to be trucked in from an approved upland soume. Backfill area between new and existing bulkhead to be planted with Spartina Altemiflora (18" on center) and backfill area landward of existing bulkhead to be planted with Spartina Patens (18" on center) and Baccharis Halimifolia (6' on center). Located: 1750 Deep Hole Dr., Mattituck. SCTM#115-12-24 DEEP HOLE CREEK IS A NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION CRITICAL ENVIRONMENTAL AREA. A FUNCTIONAL BULKHEAD IS CURRENTLY IN PLACE. THE APPLICANT HAS NOT DEMONSTRATED A NEED FOR THE LOW SILL BULKHEAD. THE CONSTRUCTION OF A LOW SILL BULKHEAD IN THE PROPOSED AREA WILI, FURTHER HARDEN THE SHORELINE AND HABITAT DESCTRUCTION. 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 denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy Standards 4.1 Miuinfize losses of human life and structures from flooding and erosion hazards. Use hard structural erosion protection measures for control of erosion only where: 1. Avoidance of the hazard is not appropriate because a structur functionally dependent on a location on or in coastal waters; locate an area of extensive public investment; or reinforces the role of Mari Centers or Areas for Concentrated Development. 2. Vegetative approaches to controlling erosion are not effective. 3. Enhancement of natural protective features would not prove practic: providing erosion protection. 4. Construction of a hard structure is the only practical design consider~ and is essential to protecting the principal use. 5. The proposed hard structural erosion protection measures are: a. limited to the minimum scale necessary b. based on sound engineering practices 6. Practical vegetative methods have been included in the project design implementation. 7. Adequate mitigation is provided and maintained to ensure that there i adverse impact to adjacent property or to natural coastal processes natural resources and, if undertaken by a private property owner, not incur significant direct or indirect public costs. The applicant has not demonstrated the need or the purpe,se of the proposed low sill bulkhead in the proposed location. Currently there is a functional bulkhead and a stabl shoreline landward of the area in which the low sill bulk head bulkhead is proposed. A sill bulkhead would further harden the shoreline and result in habitat destruction. Habitat destruction is defined as the loss of fish or wildlife use through direct physical alteration, disturbance, or pollution of a designated area or through the indirect effects of ti actions on a designated area. Habitat destruction may be indicated by changes in vegetatio~ substrate, or hydrology, or by increases in runoff, erosion, sedimentation or pollutants Policy 11. Promote sustainable use of living marine resources in Long Island Sol the Peconic Estuary and Town waters. "Habitat protection and restoration must include an active program of protecting existing wetlands and preventing further loss of wetlmrds (and other habitat) to inappropriate bulkhea~ or other shoreline hardening structures". Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in prepari its written determination regarding the consistency of the proposed action. MT/hkc ' Tc~wn'of Southold A. INSTRUCTIONS I. LWRP CONSISTENCY ASSESSMENT FORM Allapplicantsf0rpermits* including T0wn0fS0uth0ldagencies, shallcnmpletethisCCAF for proposed actions that are subject to the T0wn0fS0uth01d Waterfr0ntC0nsistency Review Law. This assessmentisintended to sapplement0therinf0rmati0n used byaT0wn n[S0uth01dagency in m a k in g a d e t e r m in a ti0 n 0 f c 0 n s is t e n c y. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 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 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 suoportinll and non- supportin~ 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 (southoldtown.northfork.net)~t[1..~ltoard of Trustees Office libraries and the Town Clerk'~f ~ ~ ~ ~ ~ ~ The Application has been submitted to (cE :c~ ~p~opriate response): TownBoara Plannin oardC Building Dept. ~ Board of Trustees X Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital I'~ 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: CONSTRUCT (WITHIN 18" OF EXISTING BULKHEAD) APPROXIMATELY 105 LINEAR FEET OF LOW-SILL VINYL BULKHEAD AND BACKFILL WITH APPROXIMATELY 15 CUBIC YARDS CLEAN SAND TO BE TRUCKED IN FROM AN APPROVED UPLAND SOURCE. BACKFILL AREA BETWEEN NEW AND EXISTING BULKHEAD TO BE PLANTED WITH SPARTINA ALTERNIFLORA (18" ON CENTER) AND BACKFILL AREA LANDWARD OF EXISTING BULKHEAD TO BE PLANTED WITH SPARTINA PATENS (18" ON CENTER) AND BACCHARIS HALIM1FOLIA (6' ON CENTER), ALL AS DEPICTED ON THE PROJECT PLAN PREPARED BY EN-CONSULTANTS, INC., LAST DATED AUGUST 4, 2007. Location of action: 1750 DEEP HOLE DRIVE, MATT1TUCK Site acreage: 17~969 S.F. Present land use: RESIDENTIAL Present zoning classification: R-40 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: EDMUND NASH (b) Mailing address: P.O. BOX 986 MATTITUCK, NY 11952 (c) Telephone number: Area Code 631-298-4957 (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?. 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. [--]Yes ['-'] No [5~ 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 ~ 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 8 through 16 for evaluation criteria ~ Yes ~ No [~ Not Applicable THE PROJECT WILL BE CONSISTENT WITH POLICY 4 1NSOFAR AS IT WILL SERVE TO MAINTAIN THE EXISTING SHORELINE AND PROTECT AGAINST EROSION OF THE UPLAND WHILE MAINTAINING EXISTING AND CREATING NEW VEGETATED WETLAND AREAS. 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 Southoid 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 THE PROJECT lS CONSISTENT WITH POLICY 6, AS IT WILL FACILITATE THE MAINTENANCE AND ENHANCEMENT OF EXISTING HIGH MARSH HABITAT AND CREATE NEW INTERTIDAL MARSH HABITAT. 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 ~] NoR 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 Attach additional sheets if necessary WORKING COAST POLICIES P61i~y I0. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section IH - Pohcles, Pages 47 through 56 for evaluation cnterta. {--] 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. [--1 Yes [--1 No [~ No, App,caUe 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 MGMT SPECIALIST DATE 8/22/07 Amended on 8/1/05 Deep Hole Drive 100.00' 36.8' ~ry Frame . iesidence~ TIMBER BULKHEAD TO REMAIN (CAP TO BE REMOVED) ADJ. B LKHD. ,~ *.. PROPOSED~105' ~NYL, LOW-SILL BULKHEAD CONSTRUCTED 18" SEAWARD OF EX. BULKHEAD i18" AREA BETWEEN EX. BUkKHEAD AND PROPOSED LOW-SILL BULKHEAD TO BE BACKFILLED & PLANTED WITH S. ALTERNIFLORA (18" 0.C.) AUG 24 2007 I~L~ $outhhold Town Board of Trustees le Creek EN-CONSULT/~TSINC. 1319 NORTH SEA RD. SOUTHAMPTON, N.Y 11968 631-283-63¢0 AS NOTED PI~O?O~D bOW-FILL ¢U[.KHI~AlP ~IPMUNP NASH ON I~P HOI-~ MAI'1'II'UCK, ~I~OI.K COUNI'Y, NY