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HomeMy WebLinkAbout1000-99.-3-1 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: Jill Doherty, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: June 14, 2010 Re: Proposed Wetland Permit & Coastal Erosion Permit for GLENN R. MEYRAN SCTM# 1000-99-3-1 Lark & Folts, Esq. on behalf of GLENN R. MEYRAN requests a Wetland Permit and Coastal Erosion Permit to repair and maintain an observation deck and for the existing stairs from the top of bluff to the beach. Located: 175 Soundview Ave., Mattituck. SCTM#99-3-1 The proposed repair and maintain for the existin.q stairs 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 policies of the program and therefore is CONSISTENT with LWRP. The request for a wetland permit and coastal erosion permit to repair and maintain an observation deck is INCONSISTENT with the below noted policies of the program and therefore is INCONSISTENT with 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 160+ square foot deck located on the bluff is not a permissible action pursuant to: 275-11 Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (6) Decks and platforms. No decks or platforms shall be permitted on or near bluffs. Platforms associated with stairs may not be larger than 32 square feet. [Amended 10-11-2005 by L.L. No. 17-2005] It is recommended that to further Policy 4.1 (below) that the observation deck be relocated to landward of the Coastal Erosion Hazard Line as depicted on the survey dated, as last revised, April 2, 1993. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: Ao Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. a. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. c. Provide sufficient lot depth to allow relocation of structures and maintenance of required setbacks over a period of thirty years. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for: a. structures which functionally require a location on the coast or in coastal waters. b. water-dependent uses which cannot avoid exposure to hazards. c. sites in areas with extensive public investment, public infrastructure, or major public facilities. d. sites where relocation of an existing structure is not practical. 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 LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. 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 Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 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", 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 plages: 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 99 3 1 ~/' '~ ~- TownBoard ~ Planning Dept. [] Building Dept. [] BoardofTrustees [] 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 e~ent of action: Permit for repair and maintenance of observation deck and stairs to beach area. Locationofaction: 175 Soundview Avenue, Mattituck, New York Sitcacreage: 46,000+ sq. ft. Present land use: residential 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: Glenn R. Meyran (b) Mailing address: 53 Morris Avenue West, Malverne, NY 11565 (c) Telephone number: Area Code ( ) (516) 593-1473 (d) Application number, if any:. N/A 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?_ N/A 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 To take advantage of the natural beauty of your applicant's property, your applicant's parents constructed a stairway to the beach and an observation deck in the 1972-1975 time frame. The continued use of these structures has not in any way had an adverse effect on the bluff or neighboring properties. (Continued on attached sheet) Attachaddifionalshee~ifnecessa~ 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 The passive recreation and visual view from the observation deck are a tremendous benefit to your applicant's property. The use of the stairway on the bluff in addition to providing access to and from the beach area for recreation has also provided access to various areas along the bluff which has allowed the applicant (Continued on attached sheet) 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 The stairs on the bluff were installed in 1972-1973 by applicant's parents, William Meyran and Virginia Meyran, with occasional weekend help from your applicant and there was little or no vegetation on the bluff. Also there was no retaining wall to hold the bottom of the bluff and it was constantly eroding. Over the years your applicant's parents as well as your applicant put plantings on the bluff as (Continued on attached sheet) 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 HI - 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 Southold. See LWRP Section IH - 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 III - Policies; Pages 47 through 56 for evaluation criteria. [] Yes [] No [~ Not Applicable Attach additional sheets if necessa~ 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 At~ach 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 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 Created on 5/25/05 11:20 AM LWRP CONSISTENCY ASSESSMENT FORM CONTINUED Application of Glenn R. Meyran Policy 1 The only feasible access to the beach and Long Island Sound from your applicant's property for swimming and boating is the existing stairway. Ongoing repairs and maintenance is necessary to keep them in a safe condition. The repair and replacement of the existing observation deck from the top of the bluff will allow for its continued use for passive and social recreation and for the enjoyment of the spectacular views of the Long Island Sound area. Policy 3 and the applicant's parents, William Meyran and Virginia Meyran to plant on the bluff slope Japanese Black Pines, Rosa Rugosa and Russian Olive as well as other plants. This has been required over the years when the vegetation has been eroded due to storms. Policy 4 recommended by the N.Y.S. Department of Environmental Conservation such as Japanese Black Pines, Rosa Rugosa and Russian Olive. In the early 1990's repetitive northeast storms washed out and eroded and destabilized vast sections of the bluff which included a huge rock falling down and currently resting several feet from the bottom. Ail this erosion required a stabilization of the toe of the bluff which was accomplished by the installation of a retaining wall which was all approved N.Y.S. Department of Environmental Conservation and Southold Town Board of Town Trustees in the summer of 1993. The retaining wall has stabilized the lower one-half of the bluff and there is very little erosion in this area. You're applicant's parents have always done their best to stabilize the bluff. Over the years no one told them they needed permits to protect what they owned and maintained. Since 1972 your applicant as well as your applicant's parents made various repairs to the stairs and railings and observation deck as required. More recently in the winter and spring of 2010 due to the frequent and numerous northeast storms several areas of the bluff have washed out and eroded, in particular, the area around the existing 24 x 8 foot observation deck which was built in the 1974/1975. Up until this year the observation deck has been fairly secure, but after the recent devastating rains during the winter and spring of 2010, your applicant noticed that the decking and the footings had become rotted and in some cases were exposed due to the erosion. About eight years ago your applicant repaired some of the posts by attaching CCA 2 x 4 to them to provide additional stability. This spring your applicant noticed that the deck was unstable and due to the rotted wood on the decking it was not safe so your applicant removed the decking and in the same location of the existing support posts which were removed, new CCA 4 x 4 posts were placed in four foot Sonotubes and filled with concrete. Your deponent was in the process of replacing the decking when the Southold Town Bay Constable appeared on your applicant's property and said to stop all work as permits were required to accomplish the work. Over the years your applicant has repaired the stairs and repaired some of the footings for both the stairs and deck so it came as a complete surprise that your applicant was not allowed to maintain and keep in good and safe condition what had been existing since the mid 1970's. The support system has been arranged so the decking will be cantilevered and pitched slightly landward from the top of the bluff which will add to the structural integrity and stability of the deck. r! \ ~ //8.'~ / ! ,5 o u 'I