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Home My WebLink About1000-111.-2-12 O~'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 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: August 18, 2010 Re: Proposed Wetland Permit for MARTHA PAUL (NASSAU POINT CLUB PROPERTIES, INC.) SCTM#1000-111-2-12 Note that the stairs, decks, etc. to be removed on the north side of the property are not entirely located on the applicant's property. It is unclear if the adjacent property owner n/f O'Grady has consented to the removal of the access stairway. J.M.O. Environmental Consulting, Inc. on behalf of MARTHA PAUL (NASSAU POINT CLUB PROPERTIES, INC.) requests a Wetland Permit to resheath on the landward side 119' of timber bulkhead utilizing vinyl sheathing and replace wales as needed; to reconstruct in place 82' of retaining wall; construct 35' of new retaining wall; reconstruct an existing 3'X 3' landing and 3'X 5' stairs; and to remove existing 4'X 4' plafform, 3'X 7' stairs and decks from the northern end of the property. Located: 930 West Cove Rd., Cutchogue. SCTM#111-2-12 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 the Policy Standards and therefore is CONSISTENT with the LWRP. The applicant also proposes to reconstruct in-place a 14' timber groin located on the north section of the property's beach, it is my recommendation that the proposed action is INCONSISTENT with the below Policy Standard and therefore is INCONSISTENT with the LWRP. Aerial photo interpretation indicates that the beach has suffered erosion (scouring) as a result of the bulkhead and the function of the groin is unknown. An engineers report is absent validating that the replacement of the groin would contribute to the re-nourishment and/or stabilization of the beach in the area. Figure 1. 1930 Aerial showing limits of beach prior to bulkheading. Figure 2. 2004 Aerial showing eroded beach post bulkheading; groin is also shown. Figure 3. 2006 Aerial showing beach and groin field. Use hard structural erosion protection measures for control of erosion only where: 4. Construction of a hard structure is the only practical design consideration and is essential to protecting the principal use. 5. The proposed hard structural erosion protection measures are: a. limited to the minimum scale necessary b. based on sound engineering practices it is recommended that if the applicant would like to proceed with the replacement of the groin, an engineers report addressing the groin field be submitted to the Board. In the event the action is approved (in part) the following best management practice is recommended. § 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 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.4rea. Before answering the questions in Section C, the preparer of this form should review the exempt minor action fist, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revital'Lzation 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 conta'med in the consistency review taw. 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 places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Detnuto,ent, all local libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM~ 111 - 02 - 12 The Application has been submitted to (check appropriate response): Town Board ~-~ Planning Dept. [] Building Dept. [-~ BoardbfTrnstees _~_ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital coustmction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Please see attached Project Description for Nassau Point Club Properties, LLC 930 West Cove Road, Cutchogue Applicant proposes to resheath, on the landward side, 119' of timber bulkhead utilizing vinyl sheathing, to replace wales as needed, to reconstruct in place 82' or retaining wall, to construct 35' of new retaining wall, to reconstruct in place a 14' timber groin, to reconstruct a 3'x3' platform and 3'x5' stairs and to remove an existing 4'x4' landing, 3'x'7' stairs and decks from the northern end of the property. Locationofaetion: 930 West Cove Road, Cutchoque Site acreage: 0.445 ac. Presgntlandusg: Single family dwelling Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: Nassau Point Club Properties. Inc. Co) Mailingaddrgss:P.O. Box 934, Cutchoguet N.Y. 11935-0934 (e) Telaphonenurobei:.AreaCode( ) 734-5217 (d) Application number, if any: Unknown Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~-~ No~-~ Ifyes, which state or federal agency? N.Y.S.D.E.C. r N.Y.S.D.O.S. & U.S.D.O.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 minimiT~s adverse effects of development. See LWRP Section IH - Policies; Page 2 for evaluation criteria. ~Yes ~-~ No ~'~NotApplieable Attach additional sheets if necessmT Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section m - Policies Pages 3 through 6 for evaluation criteria ~ Yes [] No ~-~ Not Applicable Attach additional sheets if necessary Policy 3. FAIha~ce visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section IH - Policies Pages 6 through 7 for evaluation criteria ~ Yes ~-~ No ~-~ Not Applicable Attach additional sheets if necessa~ NATURAL COAST POLICIES ) Policy 4. MinimiT~ loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~es ~ No ~-~ Not Applicable Attach additional sheets if necessaxy Policy 5. Protect and improve water qn~lRy and supply in the Town of Southold. See LWRP Section IH - Policies Pages 16 through 21 for evaluation criteria ~es [] No []Not Applicable At~ach 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 neeessary Policy 7. Protect and improve air qo~lity in the Town of Southold. See LWRP Section HI - Policies Pages 32 through 34 for evaluation criteria. [] Yes No (Not Applicalile Attach additional sheets if neeessary Policy g. Minimi~ environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. Sec LWRP Section IH - Policies; Pages 34 through 38 for evaluation criteria. [-~es ~ No ~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recrealional use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section HI - Policies; Pages 38 through 46 for evaluation criteria. ~ Yes~ No ~'~ Not Applicable Attach additional sheets if neeessary WORKING COAST POLICIES Policy 10. Protect Soutlmld's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section HI - Policies; Pages 47 through 56 for evaluation criteria. ~_Yes ~ No ~ Not Applicable A~tach additional sheets if necessary Policy 11. Promote sustainable use of living marine l-'~coOHl'ces ill Lollg ]~land Solmd, 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 neee~sary Policy 12. Protect agricultural lands in the Town of Southold. Sec LWRP Section IH - Policies; Pages 62 through 65 for evaluation criteria. ~-~ Yes [] No ~-Not Applicable At~ach additional sheets if neeessa~ Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section HI - Policies; Pages 65 through'68 for evaluation criteria. ~-~ Yes [] No ~ Not Applicable Created on 5/25/05 11:20 AM LWRP Responses for the Nassau Point Club Properties, LLC 930 West Cove Road, Cutchogue Policy # 1 The project as proposed does not involve agricultural land nor will open space be utilized or impacted. The project will not result in any negative impacts upon the desired development pattern of the Town of Southold. It is felt that this project is consistent with this policy. Policy #2 The project as proposed involves a minor amount of excavation in an area which was previously excavated when the existing bulkhead, tie-rod and deadmen were installed. This excavation shall not impact upon any existing archeological resource. The project will not negatively impact upon the preservation and retention of historic resources nor will it have any impacts upon resources that are significant to the coastal culture of the Long Island Sound. It is felt that this project is consistent with this policy. Policy #3 The resheathed structure shall be built at the height of the existing structure and therefore there shall be no changes to the existing visual quality of the site. There shall be no impacts on the scenic resources of the Town of Southold. It is felt that this project is consistent with this policy. Policy #4 The project involves the resheathing of an existing bulkhead where adjacent properties are bulkheaded as well and the reconstruction of two timber groins The proposed reconstructed groins and the resheathed bulkhead has been designed using practical design consideration, it is based on sound engineering practices and has been limited to the minimum scale necessary. It is felt that this project is consistent with this policy. Policy #5 It is felt that this project is consistent with this policy for a number of reasons. The project does not involve any direct or indirect discharges that would cause any negative impacts upon water quality standards. There shall be no increase or decrease in the pH, dissolved oxygen or nutrients in Corey Creek and there shall be no increase in noxious odors at the site. There shall be no increase in negative health impacts such as pathogens, chemical contaminants or toxicity nor shall there be any negative aesthetic factors involved with the project. The project does not involve watershed development or the quantity or quality of potable water. Policy #6 The project as proposed should not have any negative impact upon the ecological quality of Southold Town. There shall be no negative impacts upon the adjacent areas of tidal wetlands by the destruction of habitat or significant impairment to the tolerance range of any species offish or wildlife. The project should have no impact upon any vulnerable fish, wildlife, plant species or rare ecological communities. It is felt that this project is consistent with this policy. Policy #7 It is felt that this policy is not applicable to the project since the project does not involve any atmospheric deposition of pollutants. Policy #8 The project does involve the disposal of solid waste and debris (existing bulkhead and tierod/deadmen system) which will be trucked off site and properly disposed. There are no hazardous waste or toxic pollutants involved with the project. It is felt that this project is consistent with this policy. Policy #9 The project will have no impact upon adequate physical public access to coastal resources, shall not impact any public visual access to any lands or waters, involve the public interest in and use of lands and waters held in public trust or access of such areas. It is felt that this project is consistent with this policy. Policy # 10 The project as proposed shall have no impacts upon any existing water- dependent commercial, industrial or recreational uses of the Peconic Bays. It is felt that this project is consistent with this policy. Policy # 11 The project does not involve aquaculture or the removal of shellfish from the uncertified waters of the Southold Town nor shall it have a negative impact upon the long term maintenance and health of living resources. It is felt that this project is consistent with this policy. Policy # 12 It is felt that this policy is not applicable to the project because no agricultural lands are involved. Policy # 13 It is felt that this policy is not applicable to the project since the project does not involve energy or mineral resources. Applicant proposes to resheath, on the landward side, 119'. of timber bulkhead utilizing vinyl sheathing, replace'wales as needed, to reconstruct existing 3'x3' landing and 3'x5' stairs, to reconstruct in place 82' of retaining wall, to construct 35' of new retaining wall, to reconstruct in place a 14' timber groin, and to remove existing 4'x4' platform' 3'x7' stairs and decks located at the northern end of the property. At Cutchogue Harbor, Cutchogue, Town of Southold, Suffolk County, New York ,ipl/~ O"G~AD'( DR/VE Applicant: Nassau Point Club Properties, LLC. Location: 930 West Cove Road, Cutchogue Purpose: Bulkhead resheathing Datum: Apparent Low Water Locus: 7202~'13.84"W 41°00'19-38''N S.C.T.M.No. 1000-111-01-12 .pCALE 1"20 ,:r SHEET IOF3 SCALE ~',. BLUFF PI?OR TIMBER RET, WALL Applicant proposes to resheath, on the landward side, 119' of timber bulkhead utilizing vinyl sheathing, replace wales as needed, to reconstruct existing 3'x3' landing and 3'x5' stairs, to reconstruct in place 82' of retaining wall, to construct 35' of new retaining wall, to reconstruct in place a 14' timber groin, and to remove existing 4'x4' platform' 3'x7' stairs and decks located at the northern end of the property. At Cutchogue Harbor, Cutchogue, Town of Southold, Suffolk County, New York E×~ PROP 61:¢ADE;1 Applicant: Nassau Point Club Properties, Location: 930 West Cove Road, Cutchogue Purpose: Bulkhead resheathing Datum: Apparent Low Water Locus: 72~2~'13.84"W 41t'00'19.38"N S.C.T.M.No. 1000-111-01-12 LLC. 3;X3' PLATFORM 3'XS'STAIRS TOBE REODH BEACH'1 4r-'AH W 12',-~ALW EX "NAVY STYLE TIMBER BLKD, c,o __. SHEET 20FZ, Applicant proposes to resheath, on the landward side, 119' of timber bulkhead utilizing vinyl sheathing, replace wales as needed, to reconstruct existing 3'x3' landing and 3'x5' stairs, to reconstruct in place 82' of retaining wall, to construct 35' of new retaining wall, to reconstruct in place a 14' timber groin, and to remove existing 4'x4' platform' 3'x7' stairs and decks located at the northern end of the property. At Cutchogue Harbor, Cutchogue, Town of Southold, Suffolk County, New York Applicant: Nassau Point Club Properties, Inc. Location: 930 west Cove Road, Cutchogue Purpose: Bulkhead resheathing Datum: Apparent Low Water Locus: 72 27'13.84"W 41 00'19.38"N S.C.T.M.No. 1000-111-01-12 AHW ..... A LV'/ PRO P. RECON. GROIN IBEA~H PROP. '/INYL SHEATHING SHEET ,5 OF ~ 'SCALE '~, 2' ~ v~~'ac '~