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Home My WebLink About1000-115.-11-17 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 fr,'V LWRP Coordinator Date: October 9, 2007 Request for Wetland Permit for Michael Mitchell SCTM# 115-11-17 Proper-T Permit Services on behalf of MICHAEL MITCHELL requests a Wetland Permit to re-sheath 96' of existing wood bulkhead and 11' of return with vinyl sheathing on the seaward side, leaving existing sheathing in place. Remove only those existing 3"-4" piles as necessary to accommodate the configuration of the vinyl sheathing. Excavate area behind existing bulkhead as necessary to place anchoring components. Reconstruct 88' of existing wood retaining wall landward of bulkhead inkind/inplace. Reconstruct existing 4'X 12' wood stairs and landing landward of the bulkhead inkind/inplace. Place an estimated 20 cy. maximum of clean soil/sand behind re-sheathed bulkhead and reconstructed retaining wall to replace material lost to wash-out before proposed operations. Located: 750 Lupton Point Rd., Mattituck. SCTM# 115-11 -17 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Revie~v 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 exempt from review pursuant to Chapter 268-3, Exempt Minor Actions, item B which states: "Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the sa~ne site, including upgrading buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard Area (CEHA) law where structures may not be replaced, rehabilitated or reconstructed without a permit ". MT/hkc Seutho~d Tow~l Policy 1 February 7, 2007 APPLICANT: MICHAEL MITCHELL SCTM #: 1000-115-11-17 Foster a pattern of development in the Town of Southold that enhances eom- makes beneficial use of a coastal location, and rain development. [] YES ~gNO [] NOT APPLICABLE The re-sheathing of an existing bulkhead is not incon: the waterfront cornmurdty, and because of the relative SEF' 2 6 2007 stent with,~;~h~¢~Ier of bulkhead and the proposed replacement it is felt that there is no adverse impact on the desired preservation of open space. Infrastructure use is not a factor since the project is accessory to and accessed from private property. The maintenance of the erosion control purpose of the bulkhead is certainly a beneficial use of the coastal location, and the incremental increase, if any, in development in the area is insig- nificant. Policy 2 Preserve historic resources of the Town of Southold. [] YES ~O [] NOT APPLICABLE There is no evidence to indicate that the immediate area of the project includes his- toric features, and it is to be expected that the mainly intertidal nature of the project area is unlikely to have been the site of recoverable artifacts of past civilizations. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. [] YES ~NO [] NOT APPLICABLE The bulkhead re-sheathing, and the existing bulkhead, are both of low profile, as are the other existing structures, and will be inconspicuous in the proposed loca- tion. They are compatible with other existing shoreline slractures in the area, and will not adversely affect the dynamic landscape elements (tidal fluctuations, sea- sonal vegetation changes; seasonal/diurnal changes in ambient light) which might contribute to ephemeral visual qualities. Policy 4 Minimize loss of life, structures, and natural resources from flooding and ero- sion. [] YES ~NO [] NOT APPLICABLE It is intuitively obvious that the likelihood of the proposed project or the resulting re-sheathed bulkhead contributing to increased hazards wkich could result in the loss of life is probably non-existent. The proposed bulkhead re-sheathing will have a significant positive effect on the protection of structures and natural resources from flooding and erosion in that the existing bulkhead, which currently provides those features, is tending toward failure and its replacement is required in order that these protective features continue in effect. Policy 5 Protect and improve water quality and supply in the Town of Southold. [] YES ~NO [] NOT APPLICABLE The proposed bulkhead re-sheathing project will minimize any wash-out of soil or sand through the bulkhead by eliminating openings in the bulkhead and by the in- clusion ora suitable marine filter cloth in the proposed structure. Disturbance of the creek bed seaward ora line parallel to the bulkhead and ten feet from the bulk- head during construction of the structure will be minimal, and after construction is complete there will be no effect. The use of vinyl sheathing to re-sheath the exist- ing wood structure will eliminate the possibility of potentially harmful chemicals leaching from treated wood. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosys- tem. [] YES ~O [] NOT APPLICABLE During construction, all indigenous plants will be protected insofar as possible. All statutory and regulatory requirements, at all levels of government, will be strictly complied with. The project is not located in a Significant Coastal Fish and Wildlife Habitat. The only structural intrusion into the wetlands will be the insertion of the vinyl sheath- ing directly in front of the existing wood sheathing. The design does not require the use of new piles in this case, and the old piles will be left in place in those indi- vidual locations which are compatible with the spac'mg of the corrugations of the vinyl sheathing. The northern shore of Deep Hole Creek in the project area is highly developed with private waterfront residences. There will be no incremental increase in shore- line development attributable to the proposed project, and it is not significant from the standpoint of a potential adverse impact upon wildlife, shellfish or finfish. The area above the high water mark in the vicinity of the project is not suitable for least tern or piping plover nesting, and there are no osprey nesting sites in the im- mediate area. Diamondback terrapin have not been observed in or near the project location. The project will have no adverse effect upon existing tidal patterns and there will be no degradation of water quality. Policy 7 [] YES Protect and improve air quality in the Town of Southold. ~NO [] NOT APPLICABLE The construction or use of the project as proposed, and its use upon completion, will not result in significant amounts of new air pollution.. Policy 8 Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. [] YES ~O [] NOT APPLICABLE The project as proposed will not result in the generation of any additional solid waste. The handling and storage of petroleum products, if any, will be accom- plished through the use of approved containers and facilities, and approved meth- ods of handling and storage will be followed. Policy 9 Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southoid. [] YES [] NO ~OT APPLICABLE This policy is not applicable to the proposed project. Policy 10 Protect Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. [] YES [] NO ~OT APPLICABLE This policy is not applicable to the proposed project. / RETAINING WALL TO STEPS AND LANDING TO BE RECO _~' RE-SHEATHED, SEP 2 6 2OO7 Southhold Town Board of Trust~el DEEP HOLE CREEK BULKHEAD TO BE RE-SHEATHED SCALE: 1" = 30' CORPS OF ENGINEERS DATA pURPosE: Resheath existing bulkhead to maintain erosion control structure; reconstruct retaining wall in-kind in-place. DATU34[: MLW IN:,~)eep Hole Creek AT: Mattituck COUNTY: Suffolk STATE: New York PROJECT PLAN Application regarding the property of Michael Mitchell, SCTM #1000-115-11-17 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogfie, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 July 17, 2007