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Home My WebLink About1000-126.-11-22 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. 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: April 18, 2011 Re: Proposed Wetland Permit for KENNETH HEIDT SCTM#1000-126-11-22 Proper-T Permit Services on behalf of KENNETH HEIDT requests a Wetland Permit to construct wood steps from upland grade over existing retaining wall and over existing bulkhead for private access to beach, and construct a wood deck approx. 12'× 15' between retaining wall and bulkhead. Located: 8530 Peconic Bay Blvd., Laurel. SCTM#126-11-22 The proposed action (construct wood steps from upland grade over existing retaining wall and Over existing bulkhead for private access to beach) 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 replacements of bulkheads is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP Note: The construction of a proposed 180 square foot deck is not a permissible action pursuant to 275-11 Construction and operation standards, A (6) and is INCONSISTENT with LWRP Policy 6.3 (below) and therefore, INCONSISTENT with the LWRP. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. 275-11 Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (6) Decks and platforms. No decks or platforms shall be permitted on or near bluffs. Platforms associated with stairs may not be larger than 32 square feet. [Amended 10-11-2005 by L.L. No. 17-2005] 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 LWRP CONSISTENCY ASSESSMENT FORM SCTM~ 1000-126-11-22 PROJECT NAME HEIDT STEPS TO BEACH AND DECK The Application has been submitted to (check appropriate reSPonse): PlannlngBoard~--~ BufldingDept. [] Board ofTrustees ZBA ~ category of Town of Southold agency action (check appropriate'response): / (a) conslxuction, pbnnlng activity, agency regulation, land transact~ Action u~..dertaken directly by Town agency (e.g. capital (b) Financial assistance (e.g. grant, loan,,subsidy) ~ (c) Permit, approval, hcense, certification: Nature and extent of action: Construct steps to beach down existing retaining.wall and bulkhead with deck between existing retaining wall and bulkhead. Location of action: 8530 Peconic Bay Boulevard, Laurel Site acreage: 0. 516 acres Present land use: Single 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: Kenneth Heidt Co) MMling address: 17 Crinkle Court Northnort, NY 11768 (C) Telephone number: Area.Code ( ). 631-754-3493 (d) Application number, if any:. Will the ac/tion be directly undertaken, require funding, or approval by a state or federal agency? Yes~l~rl No[--~ Ifyes, which state or federal agency?. NYsDEc, USACE APPLICANT: KENNETH HEIDT SCTM #: 1000-126-11-22 LWRP CONSISTENCY ASSESSMENT FORM Policy 1 [] YES Foster a pattern of development in the Town of Southold that enhances com- munity character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of YOel°pment' [] NOT APPLICABLE The construction of stairs to grade on the seaward side of an existing bulkhead is consistent with the character of the waterfront community, as is the proposed deck between the existing bulkhead and the existing retaining wall. The bulkhead and the retaining wall have existed in their present locations for many years and have served the property owners and the community well. Because of their low profiles and unobtrusive appearance which will not be altered significantly by the proposed construction it is felt that there is no adverse impact on the desired preservation of open space. Infrastructure use is not a factor since the project is for the further ap- propriate development of an existing private location. The project is certainly a beneficial use of the coastal location, and there will not be even an incremental in- crease in development in the area. Policy 2 Preserve historic resources of the Town of Southold. [] YES UNO [] NOT APPLICABLE There is no evidence to indicate that the immediate area of the project includes his- toric features, and it is to be expected that the mainly coastal nature of the project area is unlikely to have been to site of activities of past civilizations. Policy 3 [] YES Enhance visual quality and protect scenic resources throughout the Town of Southold. ~NO [] NOT APPLICABLE The existing structures are of low profile and will continue to be inconspicuous in their present location. The addition of stairs to access the near shore area at appro- priate tides will not be visually intrusive. The proposed construction is compatible with other existing shoreline structures in the area, and will not adversely affect the dynamic landscape elements (tidal fluctuations, seasonal vegetation changes) which might contribute to ephemeral visual qualities. Policy 4 Minimize loss of life, structures, and natural resources from flooding and ero- SLOB. [] YES ~O [] NOT APPLICABLE It is unlikely that the proposed stairs and deck would contribute to increased haz- ards which could result in the losses listed. Natural protective features will not be adversely affected. Policy 5 Protect and improve water quality and supply in the Town of $outhold. [] YES ~O [] NOT APPLICABLE The proposed addition of a deck, and stairs to access the near shore area will not have any effect upon water quality and supply. During construction liquid or solid wastes will not be discharged into the water or wetlands. Disturbance of the shore- line during construction will be minimal. Policy 6 [] YES Protect and restore the quality and function of the Town of Southold's ecosys- tem. ~NO [] NOT APPLICABLE The project is not located in or immediately adjacent to any NYSDOS-listed Sig- nificant Coastal Fish and Wildlife Habitats, NYSDEC Critical Environmental Ar- eas, or Southold Town Critical Environmental Areas. The entire shoreline in the area of the proposed project, both to the northeast and the southwest is hardened by bulkheading, and the entire shore of Great Peconic Bay in this area is highly de- veloped. The main thrust of possible environmental concerns would be the protec- tion of water quality in the area, and the proposed project will not have any lasting adverse impact on water quality in Great Peconic Bay. All statutory and regulatory requirements, at all levels of government, will be strictly complied with. No dredging is proposed, and the minimal amount of con- strnction required at grade level seaward of the bulkhead will be conducted in such a way, with the advice and consent of the Southold Trustees, as to minimize any impact upon the waters of Great Peconic Bay. Policy 7 [] YES Protect and improve air quality in the Town of Southold. ~NO [] NOT APPLICABLE The construction or future use of the project as proposed will not result in signifi- cant amounts of new air pollution. Policy g Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. [] YES ~NO [] NOT APPLICABLE The project as proposed will not result in the generation of any additional solid waste. The handling and storage of petroleum products during construction will be accomplished through the use of approved containers and facilities, and methods of handling and storage in compliance with all applicable local, state and federal regulations will be followed. Policy 9 [] YEs Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. [] NO ~NOT APPLICABLE This policy is not applicable to the proposed project. Policy 10 [] YES Protect Southold s water-dependent uses and promote siting of new water- dependent u~s in suitable locations. [] NO ~NOT APPLICABLE This policy is not applicable to the proposed project. Policy 11 [] YES Promote sustainable use of living marine resources in Long Island Sound, the Peconic Est~ry and Town waters. [] NO [~NOT APPLICABLE This policy is not applicable to the proposed project. · Policy 12 Protect agricultural lands in the Town of Southold. [] YES [] NO ~rNOT APPLICABLE This policy is not applicable to the proposed project. Policy 13 Promote appropriate use and development of energy and mineral resources [] YES 60 [] NOT APPLICABLE The planning and construction of the project is, and will be, such that energy effi- cient design criteria are applied throughout, based upon any local or State building codes, or upon practices generally recognized as desirable in this regard. As has been stated, any handling and storage of petroleum products will be accomplished through the use of containers, facilities and methods of handling and storage as approved for residential property use and generally accepted as safe. 1OOO-12~-11-21 c/o Louise Cervon PO Box 20~ Lourel, NY 11..~4-~ EXI~TIN~ CONCRETE WALL 9 EXISTIN~ WOOD RE'TAININ¢ WALLS EXISTIN~ WO0~ BULKHEAD ALL PROF'OSED CTEP~ AND WALK- WAY ARE ,4-' WIDE TIME OF 1~,4-1 HR~ ON FRi[DA¥ 3/25/2Oll S'TREE,T A[DDRES¢ OF PROPERTY: ¢.530 PECONIC BAr' BOULEVARD LAUREL, NY 11~4~ 1OOO-12~-11-22 KENNE,TH E- KATHLEEN HELOT 17 CRINKLE COURT NORTHPOR,T, NY 117~E, -ANDING AT LEVEL OF 'TOP OF RE,TAININ~ WALL EXISTING~ WOOD RETAININ~ WALL 12'* x 15' ..,- PROPOSED STEPS TO LEVEL OF PRO- POSED DECK AND TOP OF BULKHEAD EXICTIN~WOOD BULKHEAD ./ / 1OOO42¢-11-2.~ ~reo* Peconic Boy B/vd I..¢urel, NY / ,,, EXIBTING EXISTIN~ WOOD BULKHEAD 9CALE.' 1" = 10' CORPS OF ENGINEERS DATA PURPOSE: Construct stairs to grade seaward of existing bulkhead, to provide access from private property to the beach. DATUM: MLW IN: Great Peconic Bay AT: Laurel COUNTY: Suffolk STATE: New York PROJECT PLAN Application regarding the property of Kenneth Heidt, SCTM #1000-126-11-22 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 Revised March 25, .2011 S~ke locmions ~s de~ scribed £or PHOTOS A&B. (2/19/11 al I510 brs} PHOTO D: I.ooking SSW. Stakes a edge of re'mining waii mark ward projection of land- ward cornem of proposed deck below. More land- xvard stokes mark lan& ward comers of landing top of stai~ to level of proposed (2/19/I 1 at 1455 hfs0 PROJECT SITE PHOTOS Application regarding tl',e property of Kenne~g Heidt. SCTM ::~ ICgX)-/26-11~22 ReDr~ented by PROPER:t' PERMFF SERVICES PO Box 617, Cu~chogue, NY } }935 James E. Fitzgerald. Jr631 734-5g00 Febpaary !% 20! .PHOTO A: Looking NE, Pink-flagged stakes hind bulkhead mark sea- ward comers of proposed deck Stakes in sand mark seaward comem of pro- posed stairs to grade. (2/19/1 t au 1500 hfs} PHOTO B: Looking W. Comments aN3ve for PHOTO A apply here also See PHOTO D for inl~o on stokes above up- per retaining wall. (2/191 I at 1505 hfs) PROJECT SFrE PHOTOS Application regarding the prop~'rL¥ of Kenneth Heidt SCTM ~; 1000-126- / 1 22 Rep~semed by PROPER-I PERMFF SERVICES P.O ~3o× 61";'. Cntchogue. NY 11935 James E, Fitzgerald. Jr 631-734-5800 February ~9 201 `% MAE 29 2011 ,',,'r SURVEY OF PROPERTY SITUATE MATTITUCK TOWN OF $OUTHOLD SUFFOLK COUNTY, NEW YORK S.C, TAX No. 1000-126-11-22 SCALE 1"=20' JULY 16, 2010 JANUARY 26, 2011 ADDED PROPOSED DECK AREA 22,481 sq. ff. (TO BULKHEAD) 0.516 ac. CERTIFIED TO: TEACHERS FEDERAL CREDIT UNION BOUNDARY TITLE SERVICES, INC. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY KENNETH HEIDT KATHLEEN HEIDT THE EXISTENCE OF RIGHTS DF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. ~.ys, Lic, No 50467 Nathan Taft Corw~n III Land Surveyor PHONE (651)727-20g0 Fox (631)727-1727 30-16(;