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Home My WebLink About1000-70.-4-46.1 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 To: Jill Doherty, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: November 16, 2010 Re Proposed Wetland Permit for LUKE & RITA LICALZI SCTM#1000-70-4-46.1 En-Consultants, Inc. on behalf of LUKE & RITA LICALZI requests a Wetland Permit to construct approx. 177 linear f. of vinyl bulkhead in place of (and 18" higher than) existing timber bulkhead and backfill embankment landward of bulkhead with approx, 140 cy. clean sand to be replanted with native vegetation and restored and maintained as natural vegetated buffer; and install approx. 127 If. of 1.5' to 2.5' dia., approx. 300-1,000 lb. fieldstone on filter cloth and backfill with approx. 45 cy. sand to be planted with beach grass to restore and vegetate upland area lost to erosion. Located: 2105 Calves Neck Rd., Southold. SCTM#70-4-46.1 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 actions; 1. Construct approx. 177 linear ft. of vinyl bulkhead in place of (and 18" higher than) existing timber bulkhead; Installation of approx. 127 If. of 1.5' to 2.5' dia., approx. 300-1,000 lb. fieldstone on filter cloth and backfill with approx. 45 cy. sand to be planted with beach grass to restore and vegetate upland area lost to erosion; are 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 erosio'n 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 prelect area The proposal to backfill embankment landward of bulkhead with approx. 140 cy. clean sand to be replanted with native veqetation and restored and maintained as natural ve,qetated buffer ... is INCONSISTENT with policy 4.1 Minimize losses of human life and structures from flooding and erosion hazards and therefore INCONSISTENT with the LWRP. Applicable policies follow; B. Use vegetative non-structural measures to manage flooding and erosion hazards. Use vegetative non-structural measures which have a reasonable probability of managing flooding and erosion, based on shoreline characteristics including exposure, geometry, and sediment composition. Use vegetative measures to increase protective capabilities of natural protective features. Discouraqe clearinq of existinq, particularly indi.qenous ve,qetation durinq sitinf:h design, construction and reciradinct phases of any development proiect. The area from the top of bank seaward is protective natural feature. The proposal includes back filling of existing vegetation (see submitted survey dated 10/20/10) that is currently stabilizing the bank (see following photo). It is recommended that the Board further evaluate the need to raise the grade behind the proposed new bulkhead and the backfilling of existing vegetation. Figure 1. September 20, 2010 image date. 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: Lod Hulse, Assistant Town Attorney Town of Southold A. LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS [ A~~app~icantsfnrp~rmits*inc~uding~~wn~f~~uth~~dag~nci~s~sha}~~~mp~et~thisCCA~f~r proposed actions that are subject to the Town 0f S0utb01d W aterfr0nt Consistency Review Law. This assessmentisintended t0supplement0therinf0rmati0n used byaT0wn 0fS0uth0ld agency in m a k i n g a d e t e r m i n a ti0 n 0 f c 0 n s is t e n c y. *Except 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- supportine facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# 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 !?cal libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION 70 4 - 46.1 PROJECT NAME RITA & LUKE L1CALZI The Application has been submitted to (check appropriate response): TownBoard V--] Planning Board [--] 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 extent of action: Construct approximately 177 linear feet of vinyl bulkhead in place of(and 18" higher than) existing timber bulkhead and backfill embankment landward of bulkhead with approximately 140 cubic yards clean sand to be replanted with native vegetation and restored and maintained as natural vegetated buffer; and install approximately 127 linear feet of 1.5' to 2.5' diameter, approximately 300 - 1,000 lb. fieldstone on filter cloth and backfill with approximately 45 cubic yards sand to be planted with beach grass to restore and revegetate upland area lost to erosion, all as depicted on the project plan prepared by En-Consultants, Inc. dated October 20, 2010. Location of action: 2105 CALVES NECK ROAD, SOUTHOLD Site acreage:. 1.6 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: RITA & LUKE LICALZ1 (b) Mailing address: 19 PROSPECT AVENUE GARDEN CITY, NY 11530 (c) Telephone number: Area Code 516-747-5069 (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--lYes I--1 No Not Applicuhle 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 ~'~ Yes ~] No [5~ 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 Insofar as Policy 3 is applicable to the project, the project is consistent to the extent that it will preserve and enhance existing vegetation and establish new indigenous vegetative buffers where upland previously existed but has been lost to erosion. ~he in-place replacement of the bulkhead is defined under Chapter 268 as a minor action that is exempt from waterfront consistency review. 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 seeks to incorporate vegetative non-structural measures, i.e., vegetative buffer, with a hard structural erosion protection measure, i.e., stone armor, to stem the loss of the eroding shoreline and partially reclaim and vegetatively restore an upland area that was lost avulsively to erosion in the spring of 2010 as a result of two consecutive nor'easter storm events. The proposed structural erosion protection measure is limited to the minimum scale necessary and must be employed where natural protective features are absent and vegetative means of erosion control have been ineffective. For example, marsh grasses that were was planted when smaller scale rip-rap was permitted and installed in 2001 were quickly lost, and even buffer vegetation planted behind the rip-rap was lost when the smaller rip-rap was overtaken by erosive wave action, resulting in the landward erosion of the upland embankment by as much as 44 feet since that time. As the structure will be located entirely landward of spring high water~ the project will in no way impede upon public trust lands or access thereto. The in-place replacement of the bulkhead is defined under Chapter 268 as a minor action that is exempt from waterfront consistency review. 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 [5~ Yes [--] No [~] Not Applicable Insofar as Policy 5 is applicable to the project, the project is consistent to the extent that the proposed natural vegetated buffer areas increase stormwater absorption capacity and filtration of contaminants adjacent to wetlands. The in-place replacement of the bulkhead is defined under Chapter 268 as a minor action that is exempt from waterfront consistency review. 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 Insofar as Policy 6 is applicable to the project, the project is consistent to the extent that it seeks to preserve, restore, and or establish indigenous vegetative buffers between the upland and adjacent beach and tidal wetlands, including within an area where the indigenous buffer will be established in place of previously existing lawn areas that were lost to erosion. These buffers provide habitat and increased stormwater absorption capacity and filtration of contaminants adjacent to wetlands. The in-place replacement of the bulkhead is defined under Chapter 268 as a minor action that is exempt from waterfront consistency review. 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 ~ 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 The proposed stone and backfill will be located entirely landward of spring high water and will not impede public access to or along the shoreline. The in-place replacement of the bulkhead is defined under Chapter 268 as a minor action that is exempt from waterfront consistency review. 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 crl'teria. ~] Yes ~'] No [~ Not Applicable Attach additional sheets if necessary 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 [5~ Not 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 Anach 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 [5~] Not Applicable PREPARED BY ROBERT E.'HERRMANN TITLEcoASTAL MGMT SPECIALIST DATE 10/26/10 ,4mended on 8/1/05 CALVES 1"=50' BETWEEN ~WN AND BEACH R~W'OF~APPROX 127 LF. OF _+1 5'-2 5'-DIAMETER, APPROX 3'O0-~ 1,0OO LB, FIELDSTONE (ON FILTER CLOTH) JOCKEY NECK ROAD IEGETATEO 9ANK TO BE BACKFIEEED 1,~0 CY BAND), REPLANTED W~TH NATIVe. BUFFER UPON CREEK ~W- O' -0" 5~CT1QN THRU ?ROPOS~I~ PLIbKHBAI~ P~FbACB~BNT (5) 6" ~" WAI.~5 I0' P~APM~N / PROP, VIN~ ~ Fll~Ba%ASS ~Ltlq~A~ ~ ?tW - O' - 0" '16' ~ I/4" x 9" x 20' VIKl~ C~ PlI~I~LA55 ~A1HING E N- CONSULTANTS INC 1319 NORTH SEA RD, SOUTHAMPTON, NY l 1968 631-283-6360 FROFO~I:2 PLIL~B~ I~PLACBMBNT AN~ STONB ~MOR POE bUl~ ANP RITA LICAI. ZI ON JOCI~Y SOLITHOLI~, ~UPPOLK COUNTY, NY .q-IBBT 2 OF 2 10/20/10