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Home My WebLink About1000-135.-1-6 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: From: Jim King, President Town of Southold Board of TrusteesJ Mark Terry, Principal Planner LWRP Coordinator Date: September 15, 2009 Re: Proposed Wetland Permit for GEORGE, FLORENCE, ALEXANDER & DEMETRIOS VASILAKIS SCTM#1000-135-1-6 En-Consultants, Inc. on behalf of GEORGE, FLORENCE, ALEXANDER & DEMETRIOS VASlLAKIS requests a Wetland Permit and Coastal Erosion Permit to construct approx. 137 linear ft. of vinyl retaining wall in place of existing timber retaining wall and backfill with approx. 25 cy. clean sand to be trucked in from an upland source and planted with Cape American beach grass (12" on center); construct a 4'X 6' cantilevered wood platform and 3'X 15' stairs to the beach; and reconstruct (in-place) existing deck and stairs down bluff. Located: 21625 Soundview Ave., Southold. SCTM#135-1-6 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 the Policy Standards and therefore is CONSISTENT with the LWRP provided that the following recommendations to further the below listed policies are implemented. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. E. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: 1. Maintain buffers to achieve a high filtration efficiency of surface runoff. A void permanent or unnecessary disturbance within buffer areas. 3. Maintain 'existing indigenous vegetation within buffer areas. If the action is approved it is recommended that the Board require the establishment of ,q perpetual landscaped buffer landward from the top-of-bluff line. 'A sample definition follows: LANDSCAPED BUFFER -- a land area of a certain len,qth and width which is planted with indi,qenous, drou.qht tolerant, ve,qetation similar to that found within the immediate proximity of the parcel. Ve,qetation shall be installed in sufficient densities to achieve ninety-five (95) Percent qround cover within two years of installation. Survival of planted veqetation shall be (ninety) 90 percent for a period of'three yearn Maintenance activities within the buffer are, limited to removinq ve.qetation which are hazardous to life and property, trimmin,q tree limbs up to a hei.qht of fifteen feet (15') to maintain viewsheds, replantin.q of ve,qetation and establishin.q a four foot (4') wide access path constructed of pervious material for access to the water-body. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Town of Southold A. LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS I. A~app~ica~tsforpe~mits*inc~dingT~wn~fS~uth~dagen~ies~sha~c~mp~etethis~^Ffor proposed actions that are subject to ~he T0wn of S0ath01d W aterfr0nt C0nsistency Review Law. This assessmentisintendedt0supplemeat0therinf0rmati0nusedbyaT0wn 0fS0uth01d agency ia m aking a determ inati0n of consistency. *Except minor exem£t 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- suDoortim, facts. If an action cannot be certified as consistent with the L~q~.P 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~gouthold's website (southoldtown.northfork.net), the Board of Trustees Office, th~ePlanningDgla(rtment,_a_!l_ll~ca1 libraries and the Town Clerk's office. B, DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 135 - I _ 6 PROJECT NAME Geor[ge, Florence, Alexander & Demetrios Vasilakis ~ The Application has been submitted to (check appropriate responseS: TownBoard [~ PlanningBoard[~] Bnildingl)ept.['-] BoardofTrnstees[~] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [~] 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 approximately 137 linear feet of wnyl retaining wall ~n ~.~.~ Q~ex~stln/~,tlmber retaln!pg wall and backfill w~th approximately 25 cubic yards clean sand to be trucked in from an upland source ~with caPe American beach grass (12" on center); construct a 4' x 6' cantilevered wood platform & 3' x 15' stairs to the beach; and reconstruct (in-place) existing deck and stairs down bluff, all as depicted on the project plan prepared by En-Consultants, Inc., dated August 31, 2009. I~ocation of action: 21625 Soundview Avenue, Southold Site acreage:. 0.679 acre 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: George, Florence, Alexander & Demetrios Vasilakis (b) Mailing address: C/O George Vasilakis 10 Babcock Place, Lynbrook, NY 11563 (C) Telephone number: Area Code516-263-9459 (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. I--lYes W1 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 ~ 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 Thc project is consistent with Policy 4 because currently, due to the bowing and leaning of the existing retaining wall, the structure is in danger of inevitable damage or failure, which would leave the bluff(the natural protective feature of the site) and the structures on and behind it similarly vulnerable to damage and loss. Therefore, the environmental impacts of taking no action to maintain and replace the structure would be adverse, whereas maintaining the structure and its function will maintain existing conditions and have no adverse impacts on the adjacent shoreline or adjoining properties, which are similarly structurally stabilized. 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 The project is consistent with Policy 5 to the extent that an existing, pressure treated timber retaining wall is being replaced with a retaining wall to be constructed with untreated vinyl sheathing. 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 Ap01icable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Towu of Southold. 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. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable' locations. See LWRP Section IH - 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 III - Policies; Pages 62 through 65 for evaluation criteria. Yes ~] No [~ Not Applicable At, ach 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 ~ ROBERX.E. HERRMANN TITLEcoASTALMGMTSPECIALIST DATE 9/1/09 Amended on 8/1/05 NoLo5: 2, ~m:/~/ ~r~/.Irn~l~ 2~ cubic q~rde of' r~ource f'~- backfill a'd plar~l wt~ vr~s~ ~ I~" O,C,) Sa,Chd,~, NY; ~C'I'/~ No. IO00d~d~6 LONG ISLAND SOUND ) EX. DECK TO BE N:~PROX. UMIT OF BACKFILL 9ITU ( ACCBSS VIA ~JBCI' PROFBL:hW) 173.08' ~oUND VIE~ AVENUE .~.C~ON ~R~ PROPO~ VIN~ RB~AiNiN~ W~t IN Pt~B OP BXS~N~ WOQ~ RUT, Wa.L _*_c2~-' (var,) ' [ PR~, VIN% ~T/~NINd IN Pb~ O~ ~W ~ O' - 0II I/4:: ×9" ×24' VikIY~ ~. I 2" X ~OI Plt[5 PROPOCP I~TAININd WAI. I. I~PLACIf. M~NT FOR d~ORei~, PLOI~NC~, ~M~TRIOS, ANP AbUXANPP-R VASlLAKB ON LONd ISLAND ¢*2UNP, 501J:rHo[.P, ~PPOLK COl, NY ~I~T 2 OP 2