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Home My WebLink About1000-115.-11-17 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. 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: November 28, 2007 Re: Request for Wetland Permit for Michael Mitchell SCTM# 115-11-17 Michael Mitchell requests a wetland permit to construct a new bulkhead 96'+/- with vinyl sheathing in a location landward of the existing bulkhead and as close as is practical to the existing bulkhead; construct new return 11 '+/- with vinyl sheathing at ;vest end of new bulkhead in the same location as the existing return; excavate area behind existing bulkhead as necessary to place new piles, sheathing, and anchoring components; reconstruct 88+/- of existing wood retaining wall landward of bulkhead in-kind in-place. Reconstruct existing 4' x 12' xvood stairs and landing landward of the bulkhead in kind in place. Place an estimated 20 cu. yds. of clean soil/sand behind ne;v bulkhead, new return, and new retaining wall to replace material previously lost to wash-out. Located: 750 Lupton Point Rd., Mattituck. SCTM#115-11-17 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 exempt from review pursuant to Chapter 268-3, Exempt Minor Actions, item B which states: "Replacement, rehabilitation or reconstructiot~ of a structure or facility, i~l kind, o~ the site, iucluding upgrading buildings to meet buiMing or fire codes, exceft~br strt~ct~rcs i~ designated by the Coastal Erosion Hazard Area (C~tlA) law where strucl~,'es may ~ot be rGylar ecl, rehabilitated or reconstructed without a permit ". MT/l~kc Albert J, K~t~ pski, President Jame~ King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 Office Use Only Coastal Erosion Permit Application ~etland PermitApplication ~" Major Waiver/Amendm~nffChanges ._.__~eceived Application: Received Fee:$ Completed Apphcation Incomplete SEQRA Classification: Type I Type H Untisted Coorctinaf. on:(date sent) CAC Refe=al S*n~ /~T/CTb-~q-- Minor AMI NDED APPLICpTION Receipt of CAC Report: Lead Agency Determination: Technical Renew: I /-~~ Resolu~on: NameofApplicant Michael Mitchell Address 750 Lupton Point :,Road, Mattituck Phone Number:( ) 631-298-1893 Suffolk County Tax Map Number: 1000- 115-11-17 Property Location: 750 Lupton Point Road, Mattituck (provide LILCO Pole #, d/stance to cross streets, and location) AGENT: James E. Fitzgerald, Jr. / Proper-T Permit Services PO Box 617 Cutchogue, NY 11935 631-734-5800 Board of Trustees Application Land Area (in square feet):. Area Zoning:. GENERAL DATA 42,276 R-40 Previous use of property: Intended use of property: SFD SFD Prior permits/approvals for site improvements: Agency Date X No prior permits/approvals for site improyements. None known, l-riot owner may have applied. Has any permit/approval ever been revoked or suspended by a governmental agency? × No Yes If yes, provide explanation: PROJECT DESCRIPTION: Conslxuct new bulkhead 96'4- with vinyl sheathing in a location landward of the existing bulkhead and as close as is practical to the existing bulkhead; con- struct new return 11'+' with vinyl sheathing at west end of new bulkhead in the same location as the existing return. Excavate area behind existing bulkhead as necessary to place new piles, sheathing, and anchoring components. Reconstruct 88'± of existing wood retaining wall landward of bulkhead in-kind in-place. Reconstruct existing 4' x 12' wood stairs and landing landward of the bulkhead in-kind in-place. Place an estimated 20 cu. yds. of clean soil/sand behind new bulkhead, new return and new retaining wall to replace material previ- ously lost to wash-out Board of Trustees Application WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose Ofthe proposed operations: Maintain erosion control structures. Area ot?wetlands on lot: 900 square feet approx Percent coverage of lot: 2 % approx Closest distance between nearest existing structure and upland edge of wetlands: - 0- feet Closest distance between nearest proposed structure and upland edge of wetlands: - 0- feet Does the project involve excavation or filling? No X Yes If yes, how much material will be excavated? 5 ( cubic yards How much material will be filled? 36' cubic yards Depth of which material will be removed or deposited: 3 Proposed slope throughout the area of operations: - 0- Manner in which material will be removed or deposited: ~ approx backhoe Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed 6perations (use attachments if appropriate): It is expected that the project will have no significant effect on the wetlands and tidal waters of the Town. Revised November 12, 2007 APPLICANT: MICHAEL MITCHELL SCTM #: 1000-115-11-17 LWRP CONSISTENCY ASSESSMENT FORM Policy I Foster a pattern of development in the Town of Southold that enhances com- munity character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. [] YES ~O [] NOT APPLICABLE The replacement of an existing bulkhead is not inconsistent with the character of the waterfront community, and because of the relatively small size of the existing 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 [] YEs Preserve historic resources of the Town of Southold. ~O [] NOT APPLICABLE There is no evidence to indicate that the irmmediate 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. []res it[o [] NOT APPLICABLE The bulkhead replacement, 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 stxuctures in the area, and will not adversely affect the dynamic landscape elements (tidal fluctuations, sea- sonal vegetation changes; seasonal/diumai changes in ambient light) which might contribute to ephemeral visual qualifies. Policy 4 [] YES Minimize loss of life, structures, and natural resources from flooding and ero- sion. ~NO [] NOT APPLICABLE It is intuitively obvious that the likelihood of the proposed project or the resulting replacement bulkhead contributing to increased hazards which could result in the loss of life is probably non-existent. The proposed bulkhead replacement will have a significant positive effect on the protection of structures and natural resources fi-om 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 ~4~O [] NOT APPLICABLE The proposed bulkhead replacement 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 of a 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 replace the existing wood structure will eliminate the possibility of potentially harmful chemicals leaching fi-om treated wood. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosys- tem. [] YES ~NO [] 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 Si~tmificant Coastal Fish and Wildlife Habitat. There will be no structural intrusion into the wetlands. The design proposes the coustmc- tion of the new bulkhead landward of, and as close as is practical, the existing bulkhead which will be left in place during the construction of the new bulkhead. When construction of the new bulkhead is complete, the existing old bulkhead will be removed. 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 tem or piping plover nest'mg, 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. ~O [] NOT APPLICABLE The construction or use of the project as proposed, and its use upon completion, will not result in significant mounts of new air pollution.. Policy 8 [] YES Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. ~NO [] 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 Southold. [] YES [] NO ~NOT APPLICABLE This policy is not applicable to the proposed project. Policy 10 Protect Southoid 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. Policy 11 [] YEs Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. [] No g OTAPPLICABLE Th_is policy is not applicable to the proposed project. Policy 12 [] YEs Protect agricultural lands in the Town of Southold. [] NO ~OT APPLICABLE This policy is not applicable to the proposed project. 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A~plicant or Project sponsor) 1. APPLICANT/SPONSOR /2. PROJECT NAME James E. Fitzgerald, Jr. - Proper-T Permit Services / Mitchell bulkhead 3. PROJECT LOCATION: Municipality Mattituck County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 750 Lupron Point Road See attached maps. Mattituck, NY 11952 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. PROJECT DESCRIPTION: Construct new bulkhead 96% with vinyl sheathing in a location landward of the existing bulkhead a~d as close ~ is praelieul to the existing bulkhead; coastmct new return 11 '± with vinyl sheathing at west end of new bulkhead in the sane location as the existing return. Excavate area behind existing bulkhead as necessai3, to place new piles, sheathing, and anchoring components. Recon- struct 88':~ of existing wood retaining wall landward of bulkhead in-kind in-place. Reconstruct existing 4' x 12' wood stairs and landing landward of the bulkhead in-kind in-place, place an estimated 20 cu. yds. of clean soil/sand behind new bulkhead, new remm and new retaining wall~to_replace material previously lost to wash-out. 7. AMOUNT OF LAND AFFECTED: Initially less than 0.1 acres Ultimately H/A acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial Describe: Medium-size private waterfront residences. I~lAgdculture [] Park/Forest/Open Space [] Other 10. DOES ACTION iNVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If Yes, list agency(s) name and permit/approvals: NYSDEC, NYSDOS, USACE, Trustees 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~l Yes ~ No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? r~l Yes []No ICERTIFYTHATT. j~OI ~T--I~NIsROVID~OVE IS TRUE TO THE BEST OF MY KNOWLEDGE ,//~,/~ Applinant/sponso~ James F~tzg~ .Jr~-. ,,~// //~ Date: [ 7 Signature: ~"~J~/~ /[ ~ ~ [ If thez~'{ion is in the de total Area and you are a state agency, complete the ~ C~bastal Assessment Form before proceeding w th th s assessment I OVER Reset 20 cu. yds. ± OF CLEAN SAND OR SANDY SOIL MAY BE USED IN SELECTED AREAS BEHIND THE BULKHEAD TO REPLACE MATERIAL LOST THROUGH PREVIOUS WASH-OUTS. 1000-115-11-18.1 MICHAEL & JANET MITCHELL 750 LUPTON POINT ROAD MATTtTUCK, NY 11952 ~ ~ CONSTRUCTED LANDWARD OF STREET ADDRESS OF PROJECT SITE: 750 LUPTON POINT ROAD MAq-rITUCK NY 11952 STEPS AND LANDING TO D - AREA OF SOIL DISTURBANCE ,IS SHADED UJ DEEP HOLE CREEK CORPS OF ENGINEERS DATA PURPosE: Resheath existing bulkhead to maintain erosion control structure; reconstruct retaJaing wall in-kind in-place. DATUM: MLW IN:,'Deep Hole Creek AT: Mattituck cO[rNTY: Suffolk STATE: New York · EXISTING BULKHEAD TO BE REMOVED UPON COMPLETION OF NEW BULKHEAD IN LAND- WARD LOCATION SCALE: 1" = 30' PROJECT PLAN Application regarding the property of Michael Mitchell, SCTM # 1000-115~ 11 - 17 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 Revised November 12, 2007 2x12 CAP 2x6 FOLLOWER GRADE 6x8 WALER AHW GRADE ALW SHEATHING, VINYL SHOREGUARD 425 DEADMEN 8"d CONTINUOUS IR PILES 8'd. x6' MATERIALS TO BE USED FENDER PILES NONE ANCHOR PILES 8" d. x 12' CCA-TREATED; 6' - 8' o.c. WALERS 6" x 8" CCA-TREATED; continuous FOLLOWER 2" x 6" CCA-TREATED; continuous CAP 2"x 12" CeA-TREATED; S4S SHEATHING 12' VINYL; SHOREGUARD 425 DEADMEN 8" d. CCA-TREATED; continuous TIE RODS %'x 12' HOT-DIPPED GALVANIZED BOLTS %" x 24" HOT-DIPPED GALVANIZED FILTER FABRIC CONTINUOUS NON-WOVEN CORPS OF ENGINEERS DATA PURPOSE: Replace existing bulkhead to maintain erosion control structure. DATUM: IvrLW AT: Matlituck STATE: New York SCALE: 3~8" = 1' SECTION VIEW Application regarding the property of Michael Mitchell, SCTM #1000-I 15-11-17 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 Revised November 12, 2007 IN: Deep Hole Creek COUNTY: Suffolk