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Home My WebLink About1000-4.-7-14 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 L 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: MarkTerry, Principal Planner ~ LWRP Coordinator Date: May 17, 2010 Re: Proposed Wetland Permit for LEONARD ORR SCTM#1000-4-7-14 Docko, Inc. on behalf of LEONARD ORR requests a Wetland Permit and Coastal Erosion Permit to repair and re-grout 150+/- If. of existing concrete capped, mortared stone and concrete seawall as necessary; remove 60+/- If. of the seawall structure and 100+/- cy. of upland backfill and replace it with armor stone for shoreline protection consisting of 50+/- cy. of boulder rubble over 600+/- sr. and place 50+/- cy. of boulder rubble on geo-textile and geo-grid fabric in front of the remaining seawall over 1,100+/- sf. of bottom sediment landward of mean Iow water line and waterward of the spring high water line. Located: Private Rd. off Equestrian Ave., Fishers Island. SCTM#1000-4- 7-14 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 recommend'ation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that the Board require a perpetual, natural vegetated buffer landward of the seawall. NATURAL VEGETATED BUFFER -- A land area of a certain length and width where existing vegetation occurs prior to the commencement of any grading or clearing activity. Vegetation shall be maintained to achieve a minimum percentage of ground cover of 95%. To achieve the percentage of ground cover, indigenous, drought-tolerant vegetation shall be planted. Survival of planted vegetation shall be 90% for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which is hazardous to life and property, trimming tree limbs up to a height of 15 feet to maintain viewsheds, replanting of vegetation and establishing a four-foot-wide access path constructed of pervious material for access to the water-body. [Added 12-15-2009 by L.L. No. 15-2009] 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 $outhold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS ' 2010 All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town nf 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 for minor exempt actions including Building Permits and °the~',~-~'a%i~ 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" 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-supporting facts. 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 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. B. DESCRIPT~IgN OF SITE AND PROPOSED ACTION SCTM# i000 -0~7-~ PROJECT NAME: SEAWALL REPAIR, Leonard Orr The Application has been submitted to (check appropriate response): Town Board __ Planning Board __ Building Dept. Board ofTrnstees N 1. Category of Town of Southold agency action (check appropriate response): a) Action undertaken directly to 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: X Nature and extent of action: Seawall Repair and Modification Repair and re-qrout 150+1- LF of existin,q concrete capped, mortared stone and concrete seawall as necessary; remove 60 +/- LF of the seawall structure and 100 +1- CY of upland backfill and replace it with armor stone for shoreline protection consiatinq of 50 +/- CY of boulder rabble over 600 +1- SF and place $0 +/- CY of boulder rubble on ,qeo-textile and ,qeo-,qHd fabric In front of the remaininq seawall over 1,100 +1- SF of bottom sediment landward of mean Iow water line and.waterward of the sprin~ hitch water line. 1 . Location of action: Site off East End Road (so called) Site acreage: Parcel = 7.3 Acres Present Land use: Residential Present Zoning Classification: Residential 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: Leonard Orr b) Mailing Address: 300 West End Avenue, New York, NY 10023 c) Telephone number: Area Code (212) 956-4632 d) Application number, if any Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X No If yes, which state or federal Agency? US ACOE, NYS DEC Evaluate the project to the following policies by analyzing how the project will further support of 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. X Yes __ No __ Not Applicable The Orr's home makes appropriate use of an existing residentially zoned waterfront property. The seawall repair and modification complies with environmental design factors published bi the NYS DEC, and the DOS Coastal Management Program, Southold Local Law No. 6, 2004 and the Southold LWRP. The seawall will remain in its same footprint and configuration (height, thickness, etc.) and will require dismantling the existing structure only in areas needing structural repair or removal/replacement. There will be no impairment of waterflow or navigation during or after the repair and maintenance work has been completed. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Page 3 through 6 for evaluation criteria. __ Yes __ No X Not Applicable There are no known historic or archeologically significant features on this site. Policy 3. Enhance/4suai quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria __ Yes __ No X Not Applicable The proposed project is repair and modification of an existing seawall in place and in the same configuration. The view and vista of the harbor / cove will not be adversely or even noticeably affected by the proposed maintenance work. 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 X Not Applicable The seawall is located in Barley Field Cove and is acknowledged to be in a flood-prone area; and there is wave exposure at this site. The grouted stone and concrete seawall is a long-standing structure which has demonstrated its ability to withstand the elements includinE inundation waves and ice but has suffered fi.om foundation deterioration and subsidence at the east end. The work proposed is required to maintain and restore structural integrity of the shoreline protection system and to accommodate complete submersion and resist hydrodynamic pressures due to flooding and storms while creating a more natural habitat. 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 X Not Applicable This project will not have any affect on suitability of or availability of drinking water on Fishers Island. The seawall is at the bottom of the hydrologic gradient of the water table which is within the exchange area between marine salt water and natural ground water. The construction materials, primarily cement- based mortar for the repairs, and boulders for the shorefront protection, are not a threat to drinking water quality in any case. 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. X Yes __ No __ Not Applicable This project is necessary to maintain the structural stability, soil retention capability and scour / erosion protection of the site. Thus, the seawall's preservation is necessary to maintain water quality and fish ' and wildlife habitat quality. 3 Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. __ Yes __ No X Not Applicable There are no air quality issues related to this project. No emissions will be generated by the seawall or its repair. 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 X Not Applicable There is no hazardous substance to be generated from this project. The solid waste generated from this project will include fragments of stone and concrete from the demolition process of the comer. More likely than not, this material will be broken down into chunks wlfich can be reused as unclassified general fill in local projects because of their generally inert characteristics. 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 X Not Applicable This project is being built on private land. The public trust lands and waters constitutes the area between the mean high water line and mean low water line and the resources are from the high tide line, out. These environmental resources are being protected by the wail and suitable application of the standards dictated by the Town through their ordinances an laws of the NYS DEC. There is virtuaily no public use of the waterfront in this area and the reconstruction of the seawall above the apparent hiEh water line and shoreline protection stone aiong the toe of the seawail near the pier are not liken to influence or change this fact. WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote citing of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. X Yes __ No __ Not Applicable This project is to maintain, repair and rebuild a portion of an existing seawail as necessary. This usage is defined as water-dependent in the LWRP because the seawail is required to protect a private property and an existing home. 4 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 X Not Applic.~le This project is to repair, maintain and rebuild a long-standing concrete capped mortared stone seawall that has existed since before zoning and existing environmental regulatory programs. Its preservation helps to maintain water quality and thus promotes sustainable use of living resources. The shore line protection part of the proiect is needed to retain structural integrity of the shoreline erosion protection features which have existed at this site for decades. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. __ Yes No X Not Applicable The fill, the sloping coastal bluff landward of the seawall is not used for or in support of any agricultural or aquaculture industries or enterprises. Policy 13. Promote appropriate use and development of energy and mineral sources. See LWRP Section III - Policies; pages 65 through 68 for evaluation criteria. Yes __ No X Not Applicable This seawall is not used for or in support of any energy or mineral mining or processing operations and the seawall repairs and restoration of shoreline protection at the east end removal of seawall back fill does not represent an energy or mineral mining activity. Material removed fi.om the site will be stock piled elsewhere for reuse in another proiect. PREPARED BY: Keith B. Neilson, P.E. TITLE_Agent__ DATE March 3, 2010 5 NOTE¢: 1. ELEVATION OATLIM IS: NAVD 8~ d-. I:~OJECT PUI~POSD TO MOiDI~T' AND AUGMENT E. XI~ING ~HOI~JEFI~DNT ~:DTECT1ON. 2. TIDE DATA IS TAKEN F12.OP'I 2OO,.~ NOAA TIDE TABLES REFEP-.ENCE: "WATCH HILL POINT. PROJECT DESCRII::~TION. REMO'v152.5-z. CY OVeR 60--LF OF CONCRETE SE.A',A/AL,L I~EMOVE IO0-~:Y OF FILL OVER 7OO..~F, REGICIDE AND PLACE 50~'h' OF STONE OVER 700-*SF LANOWAEO OF THE X~c~'/~,ENT HIGH WATER LINE. AL-c~D PLACE lO0~;;'d OF STONE OVER 1,OOO~F ALONG THE F~E OF AN EXISTING SEAWALL '~V,a, TER'W'ARO OF THE/Nc~,A.~ENT HIGH ",,VATE R LINE. THESE AF:'PLICATION DI2.A"CvlN~S ~EPP-ESENT A COMPILATION OF SURVEYS FOE REP. MiT THEY ,~ NOT CONST~UC'RON C. ONTI2J~D-T DOCUMENT~. AE)JOININ~ PROI:;EI:L~Y EAgT: JOHN AND JEAN~T I~:'W1N, ~ CLJFFIDAL~ RO/xO GREEN~MCH, CT 'VVEST: NATURE CON~Ek~'VANCY C/O NEk,V YORK. REGIONAL OFFICE 415 RIVEI~ STREET. FOUL~TH FLOOR TROY. NE'vV YOPJC 1780 N/F I:::~OPEIZF"r' OF NATURE CONSERV/~qC'( OVE/;~--*~,L L ~:::~/--.*~, N I I I I A N D LOCATION i FIELD WATEk%VAY: B/k~-EY RELD COVE DATE: NOVEP1BER 1, 2OO~ ~ENT: ~HE~ 1 OF 4 OC O, INC. ~c, ~ 06355 T.O.W.-~3 1C. RRP. AGMITAE ~'(.. ,_ ~ TIDAL EDGE OF TIDAL EDGE o~ DUBMEI2-~E[D ~HELF ~TEP ~' ROCKY ,~HORE 1, PlLE B.O.W~.~ /,,. i ,,. ,,~/-Xo~/ ~MA~H(TYP.) ~ ~7 - 2=:: . _ - I::~OJECT: LOCAqON: ELEVATION DATUM NAVO SURVEY b',,: CME A~5OCIA'I~5 EN~INEE~N~, LAND ~UI%~v~Y~N~ [ A!2CHITECTURE, PL-LC ~HO~EF~ONT' I~I~OTEC TION i"iOIDI~ICA-i'ION~ F'I~HEP,.~ I~L.AND-TO"WN cE EXDUTHOLD SUFFOLK COUN'Pff, NE,X/YORK WATEDWAY: BAI~LEY FIELD COVE E)ATE: NOVEMBE~ 1, 2009 API~ICA, NT: LEONARD A~EENT: ~HEET 2 OF z. Kei~ B. Neibon, PE M,/¢'~c, CT ~0 572 ~ FAX ~60 572 756~ Q'~V~ 0~,.-01-1~8,~ EDGE OF - MUD OF W/W-!- TO 13E I4 FIELD COVE I:~OJEGT: LOCATION: ELEVATION DATUM NAVE) 88 5U~-T I~: CME ASSOCIATES EN¢INEERINS, LAND SUIL:;~/EYIN~ $/N~;~CHITEOTURE, I:~L.LC ¢HOI~EFRONT 121~OT¢CTION i~OOlFICA TIOIW¢ FISHE~.S ISLAND-TOWN o'¢ ~OUTHOLD SUFFOLK ~N~, N~ YORK WATEIL~C,/Ay: BAP-LEY FIELD COVE DATE: NOVIEMBER 1, 2009 APF:'LICANT: LEONAP~ A~ENT: SHEB"T .~ OF 4- EDOCI~O, INC. Keith 5. Neile~n, PE I'ny~14c, CT 0~955 860 572 8~99 FAX ~60 572 7569 OWE 5~'~NL~ d~cko~netne~ EXISTING CONCRETE ALL TO REhIAJN '1 NEVV (2.:~FT NOI"11NAL.) STONE ,¢.EVFR'IENT- I_E,O~CY OVER 1.100'~.-~F AT TOE SECTION NE~V 5TONE~ (.2 TO -%FT NOI'IINAL) ON 3 : 1 -qLOPE - 5E:~.GY OVEI~ 7~F 100-zO-Y OVER 700.'=SF OF 25.:.CY OF CONCRETE OVE~ ~O*LF TO ¢E 12~P10~D N~v ~.m--T BOU£DE~ AT TOE SECTION I:~OJECT: LOCATION: WATEI:~CAY: B~J.~-Y FIELD COVE DATE: NOVEMBER 1, 200¢ APPLICANT: I~ON, Zkl20 OP~ AGENT: CHEIET ,4- OF 4 E~OCKO, INC. K~l~ 5 Neil*~, ~ 8~ 572 893~ F~ ~0 572 E~ doc~n~.n~