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Home My WebLink About1000-111.-14-12 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 Fa.x: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: Jim King, Prcsidant Town of Southold Board of Trustees From: Scott Hilary, LWRP Coordinator Planner Date: May 7, 2008 Chapter 268: Waterfront Consistency Review Wetland Permit for DANIEL N. KOHN LIVING TRUST SCTM# 111-14-12 En-Consultants, Inc. on behalf of DANIEL N. KOHN LIVING TRUST requests a Wetland Permit to construct +/-164 lf. of vinyl bulkhead in place of (and 12" higher than) existing timber bulkhead (including +/-3 I' of bulkhead/retaining walls forming step-down platform and stairs to be replaced in-place and 12" higher); construct +/-47 lf. of vinyl bulkhead on landward side of existing timber bulkhead to be removed; construct +/-16' westerly return; remove and replace existing steps, decking, and walkways adjacent to bulkhead (in-place, except 6'X 55' section of easterly walkway to be reoriented to align with easterly property line); backfill area landward of new bulkheading (including 7'X 14'X 15" concrete step-down to be eliminated) with approx. 20 cy. of clean sand fill to be trucked in from an upland source; and raise existing shed (in-place) approx. 27" onto newly established grade. Located: 500 Little Peconic Bay Rd., Cutchogue. SCTM#111-14-12 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 CONSISTENT with LVOIP policy standards and therefore is consistent with the LWRP; Provided that the proposed action meets LWRP sub-policy 6.3 (A), § 268-3 & $ and § 275-2 & 11 as outlined below. 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. A. 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 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed action is subiect to the Town of Southold's Waterfront Consistency Law Chapter § 268-5 (A) Review of actions and will require the applicant to complete and file an LWRP Consistency Review form before a final determination can be rendered. § 268-5. Review of actions A. IVhenever a proposed action is located within the Town's coastal area, each agency shall, prior to approving, funding or undertaking the action, make a determination that it is consistent with the L WRP policy standards summarized in ~ 268-1 herein. No action in the coastal area shall be approved, funded or undertaken by an agency without such a determination. The proposed action has been reviewed pursuant to § 268-3 and is not an in-kind replacement but is (up to 12" higher than} the existing bulkhead~ with a new 16' vinyl return. § 268-3. Definitions MINOR ACTIONS -- Include the following actions, which are not subject to review under this chapter: A. Maintenance or repair involving no substantial changes in an existing structure or facility; B. Replacement, rehabilitation or reconstruction ora structure or facility, in kind, on the same 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; The proposed action will require the installation of a silt boom that will retain all suspended sediments within the immediate proiect area pursuant to § 275-11 Construction and operation standards. § 275-11 Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (2) Erosion control. Installation of an erosion control structure is necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to, installation of a silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation of a silt boom that will retain all suspended sediments within the immediate project area. The following standard is required pursuant to § 275-11 and § 275-2; Install a non-turf pervious buffer to replace the existing 6' X 55' timber decking following its removal. § 275-2 Definitions; word usage. NONTURF BUFFER -- Any pervious material allowing for percolation of surface runoff into the soil. Examples include: natural vegetation, wood chips, mulch, gravel, and sand. Decks may be allowed if they are level or pitched away from the water, are pervious to precipitation and are constructed of materials other than treated lumber. Any and all runoff generated by such structures must be allowed to percolate into the ground directly below the structure. Fertilizers may not be used within the nonturf buffer area. § 275-11 Construction and operation standards. .B. Shoreline structures. The following standards are required for all operations relating to shoreline structures on residential properties. Operations conducted on properties zoned M1 or M2 may be given greater fiexibility in these requirements given the water- dependent nature of their use. [Amended 10-11-2005 by L.L. No. 17-2005] Bulkheads, retaining walls, revetments and gabions. (d) All bulkhead construction and renovation work requires the establishment ofa permanent nonturf buffer as defined by § 275-2 EN-CONSULTANTS, INC. 1319 North Sea Road Southampton. New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING ~tp_fil 15, 2008 Mark Terry, LWR.P Coordinator /~ To nofSou ol P.O. Box 1i79 _ sou o,d, 11 71 / Re: Daniel N. Koh, L~ Tm~,~,le Pe~nic A~h~ pl~e ~d ~ L~ ~om~stency As~ssment Fo~, w~ch ~s ~m~ subdued m ~iafion ~ ~ application to ~e Bo~d of T~t~s for a To~ Wefl~ P~t to com~ a ~yl b~e~ in pl~e of ~ exis~ ~r b~. l~w ~dicat~ ~t ~1 ~licies ~ ~d ~e co~es~n~ng do~om of"~tion" ~d '~or ac~on" by ~286-3, ~e sub~ ~L~ Consist~As~ssment Fo~ is not ~ ~s appli~fion, ~ ~e pm~d ~ork ~ls o~ "~te~ce or ~p~ involves no subs~fi~ c~es ~ ~ exi~ ~ Ge ~ '¢ ¢~Xk" / Co~ M~gement S~ci~ist Town of Sonthold A. LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS 1. A I1 applicants fur perm its* including T 0w n 0f S0uth01d agencies, shall c0m plete this C C A F f0r proposed actions that are subject to the Town of S0uth01d W aterfr0nt Consistency Review Law. This assessmentisintended to supplement0therinf0rmati0n used byaT0wn0fS0uth01d agency in m a k in g a d e t e r m in a ti0 n 0 f e 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. 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). 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 supporting and non- suooortim, facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# 111 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. DESCRIPTION OF SITE AND PROPOSED ACTION /\PR 2 ~ J 14 12 PROJECT NAME DANIEL N. KOHN LIVING TRUST The Application has been submitted to (check appropriate response): TownBoard ~] PlanningBoard[~] Building Dept. ~] BoardofTrustees[~ 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) I~ (c) Permit, approval, license, certification: ~ Nature and extent of action: Construct +/-164 I.f. of vinyl bulkhead in place of (and 12" higher than) existing timber bulkhead (including +/-31' of bulkhead/retaining walls forming step-down platform and stairs to be replaced in-place and 12" higher); construct +/-47 I.f. of vinyl bulkhead on landward side of existing timber bulkhead to be removed; construct +/-16' westerly tatum; remove and replace existing steps, decking, and walkways adjacent to bulkhead (in-place, except 6~ x 55' section of easterly walkway to be reoriented to align with easterly property line); backfill area landward of new bulkheading (including 7' x 14' x 15" concrete step-down to be eliminated) with approximately 20 cubic yards of clean sand fill to be trucked in from an upland source; and raise existing shed (in-place) approximately 27" onto newly established grade, all as depicted on the project plan prepared by En-Consultants, Inc., dated April 15, 2008. Location of action: 500 LITTLE PECONIC BAY ROAD, CUTCHOGUE Site acreage:. 38,843 S.F. Present land use: RESIDENTIAL, ONE-FAMILY DWELLING 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: DANIEL N. KOHN LIVING TRUST (b) Mailing address: 500 LITTLE PECONIC BAY ROAD CUTCHOGUE, NY 11935 (c) Telephone number: Area Code 631-727-8600 (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 [~ 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 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 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 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 Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Soathold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~ Yes ~No[~ 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 Policy 10. Pro. tect Southold's water-dependent uses and promote siting of new water-dependent uses in suftable locations. See LWRP Section Ill - Policies; Pages 47 through 56 for evaluation criteria. ~] 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. ~] Yes ~] No [~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section llI- 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 ROBE~ PREPARED BY TITLEcoASTALMGMTSPECIALIST DATE 4/16/08 Amended on 8/1/05 $7_ J / PROPOSED +16'. VINYL RETURN LITTLE HOG NECK NASSAU POINT 511~ ( ACQLSS VIA 5L~J~¢F P~OP~DY AND ~N~fA POND) PI~OPO~I2 BULIfl-IP. At2 I~FLACB~NI' FO~ 12ANIBI. N. KOHN l. lVlN6i fl~Ll~f ON WLINNF. W~:rA POND, CIJI'CHOd~, 5LIFFOI-K COLINfY, NI~W YOlk. ~,-B~YI OP 2 ~r/l~/O8 3' x 5' STEPS TO BE REPLACED _-k.47' L.F. ~NYL BULKHEAD TO BE CONSTRUCTED IMMEDIATELY LANDWARD OF (AND 12" HIGHER '~-IAN) EX. BULKHEAD TO BE REMOVED WUNNEWETA POND DECK/WALKS TO BE CONSTRUCTED ~1~' IN PLACE OF EXISTING TO BE REMOVED STEP-DOWN plATFORM AND STNRS TO Br. REPLACED (IN-PLACE AND 12' HIGHER) PROPOSED +164 L.F, OF VINYL BULKHEN) TO BE oo.sTRuDT~ IN P~E OF C~D '~ HIOHER E×. ~BER ~U~.~. ,.CL~O,.O ~' ~.r. o~ w~ ~o.~,.~ ~,~ · .~ o~ ~.-~ow..~o.~ EN-CONSULTANTS, INC. 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 631-283-6360 ff::CTION THRU R~PLACBMBNT OP PLILle, HB~ ANP ST!f.F-ROWN FLAI~QRM (IN-PLACB ~ 12TM HI~HBR) [~ltt *_.22' ~f'^ ~ I/4" × 4,S" *e' VlKh~t..f~A11dlNG IN ~,~ Of UXISllN~ fl/,/~R LI ~',S' ~" x6" TOP CLAMP IL. OP EX, [~LI.I~ ~ ~I'f.P~POWN PbA'rfOl~V~ 1'0 ~ R,~1212" ~LW-O'-O" IN FLAC[ Of; ~XI5flNG fl~ PLI.~[~ (12" HIG~) ~CTION THRU ~PLAC~MENT OP DLILKHBAP (IN-PU~U & 12" HI~HER) + 116* - 156' ~ I BACKPIBb. ~K), FRQPILg THRU LANPWAR. P RUFLACUMgNT OF * I~' ANP -* ~1' SUCTION5 OF gX, PLILKHBA~ ( 12~' HI~HUR) IO"r. 14' PIL~5 VIN% ~H~A1HIN~ 5"× 6" TOP CLAMP 2" C~ 6" ×6" WAL~5 FflW-2'-6" I0' PEN, FtW-O'-O" IN FLFCI~ Of EXl~llN6 tiMbER BLI. B~ (12" HI~rl~.I~) EN-CONSU~ANTS, tNC, 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 631-283-6360 PRQPO~I:2 I~SI. KHP.~:2 I~PLACP. M~NT PO~ P~I~L N, K~N LIVIN~ ON ~NB~TA PON~, ~P~K COUP, N~W Y~ ~f2 ~ 2 ~/I~/Oe