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Home My WebLink About1000-94.-1-12.2 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 To: From: LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD Jim King, President To~vn of Southold Board of Trustees Mark Terry, Principal Planner ~) LWRP Coordinator Date: October 15, 2007 Re: Proposed Wetland Permit for EMMANUEL & CATHERINE ZARBIS SCTM#94-1-12.2 EMMANUEL & CATHERINE ZARBIS requests a Wetland Permit & Coastal Erosion Permit for the as-built splash pad approx. 6'X 102' with small stone approx. 2" deep over filter fabric; as-built retaining wall approx. 102'LX 1 'D X 15"H dry-staked, constructed of 1 course of 8" concrete pavers set 2" below grade, 1 course of 6" concrete pavers and 1 course 2.5" concrete cap; 8000 beach grass plugs planted approx, l'on center in mesh cloth over face of blurt; approx. 100'X 100'; and inkind/inplace replacement of pre-existing 4'X 72' wood steps and 5'X 12' wood landing (top), 5'X 8' wood landing (mid) and 7'X 12' wood landing (bottom) and 6 steps to grade. Located: 2505 Soundview Ave., Mattituck. SCTM#94-1- 12.2 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Tmvn 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 6. Protect and restore the quality and functiou of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the SouthoM Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and reconm~endations as set forth in Trustee permit conditions. The Board of Trustees issued a permit on April 19, 2006 to construct a 120' retaining wall, backfill blowu out face of bluff, replant, and construct one to three ton stone toe armor. The as-built splash pad and retaiuing wall construction does not fully conform with that outlined in the permit conditions. Further, the 5'X 12' wood landing (top), 5'X 8' wood landing (mid) and 7'X 12' wood landing (bottom) are not permitted pursuant to Chapter 275-6. Decks and platforms. No decks or platforms shall be perntitted on or near bluffs. Platforms associated with stairs may not be larger than 32 square feet. [~4mended 10-11-2005 by L.L. No. 17-2005! Please require that the applicant amend the application to meet the above policy to the greatest extent practical. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its ~vritten determination regarding the consistency of the proposed action. Cc: Kieran Corcoran, Assistant To~vn Attorney Re: Emmanuel & Catherine Zarbis 2505 $oundview Avenue, MattRuck SCm # ~000.04-142.2 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, s proposed actions that are subject to the Town of Southold Waterfront ~ 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 Permit 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 significant 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", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. 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# 1000-94- ! - 12.2 The Apphcation has been submmed to (check appropriate respon~'~'~-n, nii;~_/2_ - ........... Town Board Planning Dept. Bufidmg Dept. X Board of [~ ~ 1. Category of Town of Southold agency action (check appropriate re~ ~ ~~r~IIJtlJ_ I~ _ (a) Action undertaken directly by Town agency (e.g. capital 1~---~ construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) ! (c) Permit. aDoroval~ license~ certification: Nature and extent of action: ~. "As built~ splash pad approx. 6' x ~ 02'. Small stone approx. 3 deep over fi~er~E]~: 2. "As built" retainin9 wall approx. ~02' L x ~' D x ~$" H eonstructod of ~ course of concrete pavers set 2" b~low 9fade, ~ course of ~" concrete pavers and 1 course 2.5" concrete cap. Materials dry-$taek~t and secured with %" re-bar. 3. ~000 plugs Amraophila brovil/gulata planted approx ~' o.¢. in mesh cloth over face of bluff, approx. ~00' x 70'. , F~'"'~ ~x~ 4. I/K I/P replacement of pre-existin9 4 x 72' wood steps and ~ x ~2.Twood landino (top), 5' x 8' wood landin9 (mid) and ?' x ~2' wood landin9 (bottom) a"flrl-B'~$teps to 0fade. Emmanuel & Catherine Zarbis 2505 Soundview Avenue, Mattituck SCTM# 1000.94-1 .l 2.2 Location of action: 2505 Soundview Avenue, Mattituck Site acreage: .946 Present land use: 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: (al Name of applicant: Emmanuel & Catherine Zarbis (b) Mailing address: 164-09 32"d Avenue~ Flushing NY 11358 (c) Telephone number: Area Code 718 461 6373 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes N.._~o If yes, which state or federal agency? 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 IH - Policies; Page 2 for evaluation criteria. ¥e5 No Not Applicable Construction of a stairway and bluff stabilization at this site is consistent with the current standards and has no impact on the "pattern of development in the town~. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section IH - Policies Pages 3 through 6 for evaluation criteria Yes No Not Applicable The proposed project is not located near any historic sites or districts. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section IH - Policies Pages 6 through 7 for evaluation criteria Yes No Not Applicable Thera are a number of stairways on the bluff and the subiect stairway is pre-existing. The value of bluff restoration, in my opinion, far outweiRhs any aesthetic values. Emmanuel & Catherine Zarbis 2505 Soundview Avenue, Mattituck SCTM # 1000-94-1-12.2 NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section Ill- Policies Pages 8 through 16 for evaluation criteria Yes No Not Applicable I/K liP replacement of pre-existin.q stairway is proposed. The retainin,q wall and splash pad is specifically for the purpose of minimizinq loss of life, structures, and natural resources from floodinq and erosion. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section HI - Policies Pages 16 through 21 for evaluation criteria Yes No Not Applicable The subject site is developed with a single faro y dwelling. Policy 5 has no relevance tn replacement of the stairway or bluff stabilization/restoration. 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 Replacement of the stairway and bluff stabilization/restoration is specifically intended tn protect and restore the quality and function of the Town of Southold ecosystems. Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section HI - Policies Pages 32 through 34 for evaluation criteria. Yes No Not Applicable Policy 7 has no relevapce to replacement of the stairway or bluff stabilization/restoration. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section HI - Policies; Pages 34 through 38 for evaluation criteria. Yes No Not Applicable Policy 8 has no relevance to replacement of the stairway or bluff stabilization/restoration. 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 HI - Policies; Pages 38 through 46 for evaduation criteria. Yes No Not Applicable Construction of a stairway and bluff stabilization will have no impact on public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. Emmanuel & Catherine Zarbis 2505 Soundview Avenue, Matfituck SCTM # 1000-94-1-12.2 WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting dependent uses in suitable locations. Sec LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 10 is relevant to replacement of the stairway or bluff stabilization/restoration. 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 It does not appear that Policy 11 is relevant to replacement of the stairway or bluff stabilization/restoration. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section IH - Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 12 is relevant to replacement of the stairway or bluff stabilization/restoration. Policy 13. Promote appropriate use and development of energy and mineral resources. Sec LWRP Section IH - Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 13 is relevant to replacement of the stairway or bluff stabilization/restoration. EMMANUEL & CATHERINE ZARBiS 2505 SOUNDVlEW AVENUE, MA'I-rlTUCK SCTM # 1000-94-1-12.2 Exisl:ing bulkhead bui~ pursuant m NYSDEC# 1- 4738-92085/00001 (and subsequent amendment} and Southold Tru~ees Wetlands Permit*4980. '~ builC golash pad approx.6' x 102'. Small stone apgrox, 2' deep over fleer ~abric "A~ buiE" retaining wall appro)~ 102' L x I' D x H dry-cracked, con~ru~--,d of I course of concrete paver~ se~ 2" below grade, I course of concrete paver~ and 1 course 2.5" co~crete cap. 8000 beach grass plugs planted approx meshclothoverfaceof~luff, approx. IO0'x 00'. I/K I/P replacement of p~exisdng 4~' x ?2' wood steps and 5' x 12" '¢¢ood landing ~top), 5' x 8' wood landing [mid~ and 7' x 12' Wood landing (bottomJ and 6 Reps to grade, SCAI F' l"=q~n' CATHERINE MESIAN~, 1NC. 12 MILL POND LANE ~, E. MORICHES, NY 11941~,1222 SOUND VIEW AVENUE M^¥ I 5 ZOO6 EN.CONSULTANTS, INC. 1319 NORTH SEA ROAD SOUTHAIVlPTON, ~ 11968 631.283-6360 PROPOS~P VINYL I~.I'AININd WALL ~P 1'¢1;~L~( 11~.~5 ON LONL~ 15L,ANP MAffll'UCK, ~J~POLK COLIqTY, ~ 51,~.1' I Of 2 ~o/20/90, II/19/9o, 9/17/06 Board Of $outhold 'Town Trustees SOUTHOLD, NEW YORK Pursuent ~o t~ provision, o[ Chapter 61~ IN AND ON TOWN WA~RS AND PUBLIO ~DS R~OVAL OF SAND, G~VEL"OR OTHER MAT~IALS~M ~NDS .UNDER TOWN'WA~RS:~. end in ,~¢mden~ Resd~ton of ~e Board adopted et · meeting held en ...~.~L~,~L~_~... .2~..L'~ *nd in cpnslder*tlon'of ¢fle sum of ~.500.00 ......... paid by Ter~ ,~d ~ndd,ons lided .on the reve,e *Ida ~reof, of ~uthold To~' Tr~ees eufhorlzes end perml~ a~ ~ accordance ~h Jhe detai~d sp~icatlons as ~e~nted IN WITNESS WHERe, ~e sdd ~ard Of Trustees ~re- by ~u~s its ~rate Seal to be a~xed, an~ ~ese pres~ ~ ,ub~ed by ~'~j~ of the ~Id ~ard