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Home My WebLink About1000-135.-1-26 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: August 17, 2010 Re: Proposed Wetland Permit and Coastal Erosion Management Permit for NICK POLOGEORGIS SCTM#1000-135-1-26 En-Consultants, Inc. on behalf of NICK POLOGEORGIS requests a Wetland Permit and Coastal Erosion Permit to install approx. 105 linear ft. of +/-2' dia., 250-500 lb. fieldstone on filter cloth along seaward toe of eroding vegetated berm and backfill stone with approx. 25 cy. clean sand to be trucked in from an upland source, stabilized with jute matting, and replanting with Cape American beachgrass (12" on center); and replace and extend portion of existing wood walk with 4'X 15' wood walk and 4'X 3' steps over stone. Located: 22655 Soundview Ave., Southold. SCTM#135-1-26 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 INCONSISTENT with the below Policy Standards and therefore is INCONSISTENT with the LWRP. D. Use hard structural erosion protection measures for control of erosion only where: Adequate mitigation is provided and maintained to ensure that there is no adverse impact to adjacent property or to natural coastal processes and natural resources and, if undertaken by a private property owner, does not incur significant direct or indirect public costs. Note that the placement of the 250-500 pound fieldstone on the existing vegetation may result in increased beach erosion when waves reflect off the structure. Additionally, the applicant fails to discuss the potential impacts to the adjacent properties that could occur as a result of placing the erosion control structure in this location. Currently, the seaward projection of development of the area is relatively consistent {see below figure). The placement of the erosion control structures further seaward may result in the deflection of storm event wave energy to the east and west of the structure which would accelerate the loss of soils and vegetated areas, Note that the structures located on the adjacent properties are also located more seaward than the subject property. A full engineer's report that addresses the potential impacts to the adjacent properties is recommended. Figure 1. Subject property and adjacent erosion control structures. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its wdtten determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 2010 l. Allapplicantsf0rpcrmits*incl0dingT0wn0fS0uth01dagen¢ies,shall¢0mplotethisCC^F f0r proposed actions that are subject to thoT0wn of$00th01d Waterfr0ntC00sist0ncy R0view Law. This assessmentisintended to supplemont0thorinformati0n us0d by a T0wn 0fS0uth01d ago0cy in m a k in g a d ete r m in a ti0 n 0 f c 0 n s is t e n 0 y. *£xcept minor exempt 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- SUDl~.ortin~ facts. If an action cannot be certified as consistent with the LWRP pol~g~tandards and conditions, it shall not be undertaken. ~ A copy of the LWRP is available in the following places: onlj.tte'at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Offic, e4h, e Pla_nning Department, all local libraries and the Town Clerk's office. /' ~' i~ ~ · ' B. DESCRIPTION OF SITE AND PROPOSED ACTIO~/ , ' SCTM# 135 - 1 - 26 ',/ . k\;' X / .... TownBoard ] I Planning Board [ I BuilOingOept. [ ] BoardofTrustees[~ ~,r3'~,t ,5' ~ 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: Install approximately 105 linear feet of +/-2' -diameter, 250-500 pound fieldstone on filter cloth along seaward toe of eroding vegetated berm and backfill stone with approximately 25 cubic yards clean sand to be tracked in from an upland source, stabilized with jute matting, and replanted with Cape American beach grass (12" on center); and replace and extend portion of existing wood walk with 4' x 15' wood walk and 4' x 3' steps over stone, all as depicted on the project plan prepared by En-Consultants, Inc., dated 7/22/10. Location of action: 22655 SOUNDVIEW AVENUE, SOUTHOLD Site acreage: 0.57 ACRE Present land use: RESIDENTIAL, ONE-FAMIY 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: NICK POLOGEORGIS (b) Mailing address: 143 WEST 29TH STREET, 8TH FL NEW YORK, NY 10001 (c) Telephone number: Area Code 212-563-2250 (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~]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 criteria ~1 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 project is consistent with Policy 3 to the extent that the intended result of the project is to stabilize and maintain the existing beach grass, which not only serves as a natural protective feature for the site but also contributes to the scenic quality of the shoreline landscape. 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 project is consistent with Policy 4 because it complies to the maximum extent practicable with the guidelines for managing erosion hazards and protecting and restoring natural protective features set forth by Policy Standards 4.1 & 4.2, respectively. Specifically, a hard structural erosion protection measure designed to the minimum scale necessary is being proposed due to the inability of the vegetated berm to withstand significant erosional loss during storm events. Up to 10 feet of berm area well vegetated with beach grass has been lost from the site in 5 years, a rate of loss of up to 2 feet per year. However, replanting beach grass in an elevated area immediately behind the proposed stone will also serve as a vegetative method of stemming loss of the berm. The use of low-profile stone and gently curving returns will ensure against causing increased erosion of adjacent sites, as might occur as a result of installing a vertically faced bulkhead with right-angle returns. The very purpose of the project is to restore and protect against the further rapid loss of the vegetated berm that serves as the natural protective geologic feature at the site. 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 V1 Yes [--1 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 III - 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 III - Policies Pages 32 through 34 for evaluation criteria. [--] Yes [--] No[5~ 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~] I No [5~ 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 wate. r-dependen.t .uses and promote siting of new water-dependent suitable locations. See LWRP Section IH - Pohcles; Pages 47 through 5ig for evaluation criteria. [--] Yes ~-] No [~ Not Applicable uses in Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sonnd, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~] Yes [--] bio [~ blot 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 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 T'E.~RRM ROBER ANN Amended on 8/1/05 TITLEcoASTALMGMTSPECI^LlST DATE 7/23/10 NICK POLOGEORGIS, 22655 SOUNDVIEW AVENUE~ SOUTHOLD Figure 1. Looking west at location of proposed fieldstone along toe of berm/seaward limit of beach grass. Figure 2. Looking east at location of proposed fleldstone along toe of berm/seaward limit of beach grass. NICK POLOGEORGIS~ 22655 SOUNDVIEW AVENUE~ SOUTHOLD Figure 3. Looking south at location of proposed fleldstone along toe of berm/seaward limit of beach grass. Figure 4. Looking north from dwelling over vegetated berm and toward location of pro£osed fieldstone. LONG ISLAND SOUND .......... AI~W- .............. 3 SHW BEACH 15' WALK GRASS UNE, MAY JUNE 2010 SET ALONG 2010 250 - 500 LB. RF./.DSTONE VEGETATED ~'~'1 BEACH ~RASS EX. RET. WALL ~*TABlUZED WITH dUE WITH BEACH GRASS (12" O.C.) 2 STY DWELUNG OR~MEWAY EX. WOO0 WALK REMAIN LO 1'~ 51'0N~ ~RM FOR NICK ON I. ON~i I~ANI9 50LINP, 50U11-IOI. P, f;d~POI. K CO,, NY f:~rl~Bl' I Off 2 ?/22/I0 APPROX, 25 CY 5ANt~ PACKPILF TQ PS ~FLAN1'~[~ WITH BSACH ~RAS5 (121 O,C,) x U×, WOOl2 W,q-K 1'0 ~AWARI~ LIMIT Of BEACH ~RA55, -r67' fO ~-IW PROP, WOOF.~ WALK QVUR BACKPILL ANP PROP, !'OF. 5TQNU - -rio, ~ :NRq~AVVt~ LIMIT QP [~ACH &FAS5, MAY 200~ ~W ~ 5 -6II " ~W 2:6