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Home My WebLink About1000-38.-6-8 OPYICE 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: Mark Terry, Principal Planner LWRP Coordinator Date: January 14, 2011 Re: Proposed Wetland Permit for MICHAEL & KATHLEEN MIGGINS SCTM# 1000-38-6-8 En-Consultants, Inc. on behalf of MICHAEL & KATHLEEN MIGGINS requests a Wetland Permit and Coastal Erosion Permit to construct approx. 71 If. of vinyl bulkhead in place of (and 6" higher than) existing timber bulkhead; construct 3.5'X 6' steps to beach in place of existing beach steps; and revegetate with native plantings along disturbed portions of embankment. Located: 640 South Lane, East Marion. SCTM#38-6-8 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. 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 A. LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS I. A II applicants for perm its* inchding T ow n of Southold agencies, shall corn plete this C C A F for proposed actions that are suhiect to the Town ofSouthold Wa~erfrontConsistency Review Law. T assessment is intended t0 supplement 0ther inf0rm ati0n used by a T 0w n 0f S0uth01d age ~n m a k in g a d ete r m in a ti0 n 0 f c 0 n s is t e n c y. *Except minor exempt actions including Building 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 revi, minor action list, policies and explanations of each policy contained in the Town of Waterfront Revitalization Program. A proposed action will be evaluated as nificant beneficial and adverse effects upon the coastal area (which includes all of Southold If any question in Section C on this form is answered "yes affect the achievement of the LWRP policy standards and review law. Thus~ each answer must be ex fiained in su~portin~ facts. If an action cannot be certified as conditions, it shall not be undertaken. or "no", then the onditions with the LX action will in the consistency and non- standards and A copy of the LWRP is available in the following places: onl (southoldtown.northfork.net), the Board of Trustees Office, libraries and the Town Clerk's office. B, DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 38 6 . 8 e at the q website Department, all local PROJECT NAME MICHAEL & KATHLEEN MIGGINS The Application has been submitted to (check appropriate response): TownBoard [--] Planning Board[--] Building Dept. ~] BoardofTrustees[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: Construct approximately 71 linear feet of vinyl bulkhead(in place of (and 6" higher than) existing timber bulkhead; construct 3.5' x 6' steps to beach in place of existing beach steps; and revege~hte with native plantings disturbed portions of embankment, all as depicted on the project plan prepared by En-Consultants, Inc., dated December 21, 2010. Location of action: 640 SOUTH LANE, EAST MARION Site acreage: 14,219 S.F. Present land use: RESIDENTIAL, ONE-FAMILY 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: MICHAEL & KATHLEEN MIGGINS (b) Mailing address: 9352 BRAYMORE CIRCLE FAIRFAX STATION, NY 22039 (c) Telephone number: Area Code 703-690-3910 (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. [~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 ~'] 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 RYes [~ No [~ Not Applicable The existing, developed site has been improved with and supported and protected from flooding and erosion by a bulkhead at the toe of the embankment since prior to 1977, and the project seeks to maintain this existing condition through the ordinary and routine in-place replacement of the bulkhead. There is no viable non-structural alternative means of maintaining and protecting the vegetated embankment and upland portion of the parcel in its current location. Therefore, the project is consistent with Policy 4 to the extent this policy can be applied to the in-place 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 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. 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 ~ NoR 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 ~-~ NoN Not Applicable Insofar as Policy 9 can be applied to the current project, the project is consistent with Policy 9 because the existing bulkhead in no way impedes or precludes public access along the subject shoreline. 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 III - 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 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 [5~ 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 [5~ Not Applicable PREPARED BY ROBE~' ~ HERRMANN TITLEcoASTAL MGMT SPECIALIST DATE 12/23/10 Amended on 8/1/05 1" = 30' 1-1/2 STORY FRAME HOUSE DECK ~d'f'o~k ~ kb,:r~,-~ Mm P2 I" o + ~000' 511~ ( A~O~F5 VIA I 5LDJ~ CT P~OP~k::~Y) REPLACED X 71L.r. Of' BULKH£AB ¢0 BE .IN PLACE TIMBE~ BULKHEAD PLACE OF EX. STEPS ~POH 'Xa (IN-PUN;U) FOR MICH/~F ~, KATHUBBN MlddlNF ON QRIBNT HARBOR, BAST MARION, 5LJFFOtK COIJNS/, NY 5HI~bTIQFI 12/21/10