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Home My WebLink About1000-31.-18-11 Old.ICE 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 Fa~ 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: August 16, 2010 Re: Proposed Wetland Permit for ROY & JOAN BERMAN SCTM#1000-31-18-11 En-Consultants, Inc. on behalf of ROY & JOAN BERMAN requests a Wetland Permit and Coastal Erosion Permit to construct approx. 37 linear f. of vinyl bulkhead in place of existing timber bulkhead and backfill (by hand) with approx. 10 cy. sand to be trucked in from an upland source; temporarily detach/remove and reattach/replace portion of existing deck as necessary to install new bulkhead; and temporarily remove and reattach/replace existing 3'X 7' stepS to beach. Located: 520 Rabbit Lane, East Marion. SCTM#31-18-11 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 the following best management practice is required pursuant to: § 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. 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 FOP,~M : i._.~ INSTRUCTIONS 1. Allapplicantsf0rpermits* including TownofSoutholdagencies,si]~l~c~)p~OthiiC.CAF for proposed actions that are subject to the Town of S0uth01d W aterfr0nt Consistency Revie~ LaW. This assessment is intended to supplement other inform ati0n used bin T0:wn 0fg~;u't'h'ot~ nge~ncy in making a determination of consistency. *Except minor exempt actions fnctuding Building Permits and other ministerial permits not located within the Coastal Erosion Hazard ~trea. 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 Tom). 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 in the consistency review law. each answer must nlained in detail, both and non- suooortin~ facts. If an action cannot be certified as policy standards and conditions, it shall not be undertaken. A copy of the ~' is available ( libraries and the office. B. DESCRIPTION OF SIT AND PROPOSE SCTM# ~ PROJECT NAME v, oy & JOAN online at the Town of Southold's website the Plannin~ Denartment, all lc~t al 1 The Application has been submi response): Town Board ['-] Plannin Building Dept. [--'] Board of Trustees Category of Town of Southc 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 37 linear feet of vinyl bulkhead in place of existing timber bulkhead and backfill (by hand) with approximately 10 cubic yards sand to be trucked'in from an upland source; temporarily detach/remove and reatlach/replaee portion of existing deck as necessary to install new bulkhead; and temporarily remove and reattach/replace existing 3' x 7' steps to beach, all as depicted on the project plan prepared by En-Consultants, Inc. dated July 19, 2010. Location of action: 520 RABBIT LANE, EAST MARION Site acreage: 0.06 ACRE 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: ROY 8: JOAN BERMAN (b) Mailing address: 96 MOBREY LANE SMITHTOWN, NY 11787 (c) Telephone number: Area Code 631-670-7368 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes I I 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 eriterla [-~ 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 The existing development is already improved with and protected by a preexisting bulkhead which will be replaced, in-place, to maintain existing conditions. There is no natural protective feature at the site and no viable non-structural alternative to replacing the existing bulkhead. Therefore, the project is consistent with Policy 4 to the extent that the Policy standards can be applied to the replacement of an existing bulkhead. 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 the existing treated timber bulkhead will be replaced with a bulkhead 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. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. 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 Peeonie Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. V1 Yes Z1 No [~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands ia 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 PREPARED BY ROBERT E0 HERRMANN~' TITLEcoASTAL MGMT SPECIALIST DATE 7/22/10 Amended on 8/1/05 ~t /~/II93(, /EAST RION ( AC0~55 V~ f4~J~Cf PEOF~I~ff) VINYl. BULKHEAD B/NEATH DECK ' PLACE OF EX. TIMBER BULKHEAD 5' x 7' WOOD ' BE REPLACED (IN--PLACE) GARDINERS BAY E N- CONSULTANTS INC 1319 NORTH SEA RD. SOUTHAMPTON, NY 1;1968 , 631-283-6360 PI~OPO~P BLLKHI~AP I~Pb/~::l~Ml~Nf (IN-PLACId) POE ROY AND JOAN ~RMAN ON dM~?INI~ BAY, I~ASf MARION, ~LIPPOLK COUNfY, NY fki~fl Of I 1/Ig/I0