HomeMy WebLinkAbout1000-3.-2-1 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
MEMORANDUM
To:
Jill Doherty, President
Town of Southold Board of Trustees
From: Mark Terry, Principal Planner
LWRP Coordinator
Date: August 16, 2011
Re:
Proposed Wetland Permit for NICHOLAS NOYE-~
SCTM# 1000-3-2-1
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 action is
EXEMPT from LWRP review pursuant to:
§ 268-3. Definitions. MINOR ACTIONS item "A" which states:
A. Maintenance or repair involving no substantial changes in an existing structure or facility;
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 Waterfxont
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 for minor exempt actions including Building Permits and other
ministerial permits not located within the Coastal Erosion Hazard Area.
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. Thns~ each answer mnst be
explained in detail~ listing both suooortin~ and non-suooortino facts. 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
Department, all local libraries and the Town Clerk's Office.
DESCRIPTION OF SITE AND PROPOSED ACTION ,
SCTM# 1000 -003-2-1
PROJECT NAME:
The Application has been submitted to (check appropriate response):
Town Board
Planning Board __
Building Dept.
Board of Trustees X
1. Category of Town of Southold agency action (check appropriate response):
a) Action undertaken directly to Town agency (e.g. capital
construction, planning activity, agency regulation, land transaction)
b) Financial ~j~l~-s{e.g. grant loan subsidy)
c) Permit~ffpprovat, hTse, certification: X
Nature and extent of actiqh: Repair 690 +/- SF of wood patio deck including existing perimeter bench
and new post supported c~ble mil, la~/dward of the flagged tidal wetlands and the apparent high water
line. ~
Location of action: Site off East End Road (so called).
Site acreage: Parcel =1.8 acres,
Present Land use: Residential
Present Zoning Classification: Residential
2. 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: Nicholas Noyes
b) Mailing Address: 103 Coolidge Road, Concord, MA 01742
c) Telephone number: Area Code (978) 369-9708
d) Application number, if any
Will the action be directly undertaken, require funding, or approval by a state or federal
agency?
Yes X No __ If yes, which state or federal Agency? NYS DEC
C. Evaluate the project to the following policies by analyzing how the project will further
support of not support the policies. Provide all proposed Best Management Practices that
will further each policy. Incomplete answers wffi 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 IIl- Policies;
Page 2 for evaluation criteria.
X Yes __ No Not Applicable
The Noyes home makes appropriate use of an existing residentially zoned waterfront property. The
deck repair depicted in this application complies with environmental design factors published by the
NYS DEC, and the DOS Coastal Management Program, Southold Local Law No. 6, 2004 and the
Southold LWRP. The shoreline will remain in its same configuration.. There will be no impairment of
waterflow or navigation during or after the repair and maintenance work has been completed and there
will be no work in the wetland.
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See
LWRP Section III - Policies Page 3 through 6 for evaluation criteria.
__ Yes __ No X Not Applicable
There are no known historic or archeologically significant features on this site.
2
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southoid.
See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria
__ Yes __ No X Not Applicable
The proposed project is repairing an existing deck attached to the house. The view and vista of the
harbor / cove will not be adversely or even noticeably affected by the proposed maintenance work. This
house and deck system was built prior to the adoption of the LWRP by the Town of Southold.
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 X Not Applicable
The Noyes' shoreline is located along the south shore Chocomount Cove and is acknowledged to be in a
flood-prone area; and there is wave exposure at this site. This is a long-standing structure which has
demonstrated its ability to withstand the elements including inundation waves and ice but has suffered
from deterioration of the wood components. The work proposed is required to maintain and restore
structural integrity of the without adversely impacting the natural features of the site.
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 X Not Applicable
This project will not have any affect on suitability of or availability of drinking water on Fishers Island.
The shoreline is at the bottom of the hydrologic gradient of the water table which is within the exchange
area between marine salt water and natural ground water
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.
X Yes __ No __ Not Applicable
This project is necessary to repair a long-standing deck. The work is clear of the marine waters and tidal
wetlands and other significant Coastal fish and Wild life habitat. Soil retention capability and scour /
erosion protection of the site will not change as a result of this deck repair project. The preservation of
the bank armor, covered under a separate permit, is desirable to maintain water quality and fish and
wildlife habitat quality and this project will not degrade the habitat or the shoreline protection in any
way. lfany shrubbery must be removed, it will be replaced to maintain a 10-foot non-turf buffer.
3
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 X Not Applicable
There are no air quality issues related to this proiect. No emissions will be generated by the shorefront
erosion protection modifications.
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 X Not Applicable
There is no solid waste or hazardous substances or solid waste to be generated from this project.
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 Southoid. See LWRP Section III - Policies; Pages 38 through 46
for evaluation criteria.
__ Yes __ No X Not Applicable
This project is being built on private land. The public trust lands and waters constitutes the area
between the mean high water line and mean low water line and the resources are from the high tide line
out and the deck repair proiect is clear of Public Trust Lands and waters.
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.
X Yes __ No __ Not Applicable
The deck to be repaired is a part of the Noyes' home which is located on land zoned for residential use.
This project is a repair, not a new facility or use and does not usurp a water dependent use.
4
~Poliey'll. 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 X Not Applicable
This proiect is to repair a long-standing wood deck for a home that has existed since before current
environmental regulatory programs. The proposed work is, thus, consistent with sustainable use of
living resources and will not change the shape, size or the use of the structure which has existed at this
site for decades. The deck is utilized by the Noyes family for the quiet enjoyment of the natural
resources of the site.
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies;
Pages 62 through 65 for evaluation criteria.
__ Yes No X Not Applicable
The property is not used for or in support of any agricultural or aquaculture industries or emerprises.
Policy 13. Promote appropriate use and development of energy and mineral sources. See LV~RP
Section III - Policies; pages 65 through 68 for evaluation criteria.
Yes __ No X Not Applicable
This property is not used for or in support of any energy or mineral mining or processing operations and
the deck reconstruction does not represent an energy or mineral mining activity.
PREPARED BY Keith B. Neilson~ P.E. TITLE~ DATE April 25, 2011, Revised 6/22/11
2. 'ROE DATA I~ TAK.EN FROM 2Oll NOAA
N~ LON~N
WA~AY: R~E~ Ifi~O ~UND
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7/29/2011 3:28 PM
1212.OJ ECT:
LOCATION:
~H~.~ I~L~ND - TOWN
SUFFOLK COUN'D¢', NEW
WATEiL:~CAY: FI~HE[2.~ I~LAND ~:,OUND
.AI::~L 25, 2011
A.,C~F:%IC/NNT: NIGHOLA~ NOY~
A~ENT: ~HEET 2 OF ~-
E:)OC KO, INC.
K~ith B,. Nell¢on,
M'/~, O-T C~55
860 -~'/2 8939 FAX 860 572 7569
EI'IAL docko~sn~'r.net
Noyes Deck Restoratloq_2dwg
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WLF
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RETAIN / REF_~TAE~USH NON-TU~F
VE~ETA T'E~ 13UFFEI~
A4.0NG TOP OF E~ANK la, ACK TO IO-FT
EXISTING 600~F
t~-.EI:::L..A~E E~- I ~I~IORA TED OECK I:~,.~NK~ AND ~Ti~NGEI~,
WOOD WALK'WAY~
/:::~N
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ETq~.LLJN~
F.F. E~t3.S
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~ COASTAL EEO~ION HAZARD
[JNE PER CO, a~T,a,L EEO~ION HAZ_.A.I;2D
AI~EA MAP TOWN OF .~DU'~OLD;
SUFFOLK COUNTY, NEW YOf~,; I:~OTO
NO.
E:~"IEET 46-FI OF
o'F NOYE~
ELEVATION DATUP1NAVD 8~
~URX/EY b~ CME ~,~OCIA'TE~ EN~INEE~NG
LAND ~UIL:'VE~NG $ ,A.~HITECTUI;[E, PL.LC
FISHEi2..~ ISLAND - TOVVN of' ~xDUTHOL[~
.~LIFFOLK COUNTY, NE'qV YO~-K
'WATER'WAY: I:::IDHE~2..~ I~LAND ~OUND
DATE: ,API~L 25, 2Oil
AI:;~LIC~c~NT: NICHOLA.~
Kerth Neilson, Docko Incorporated 7/29/2011 3:24 PM Noyes_Deck RestoretJon_3dw9
DWELLJNG CHAN~ E.~ TO DP-/NN,'N~E 5TRUCTURF-.~,
~ TO ~ IN ~C0~05 ~ ~C~ 6UI~tN~
~ ~ v ~ ~ ~mo~ STONE 5HO~ ~ON
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~LIC~T: NtCHO~ N~
~ !~::? DOCKO, INC.
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
Southhold 70w~
Board of Trustees
Date: June 22, 2011
Re:
Proposed Wetland Permit for NICHOLAS NOYES
SCTM#1000-3-2-1
Docko, Inc. on behalf of NICHOLAS NOYES requests a Wetland Permit and a Coastal Erosion Permit
to rebuild 600+/- sr. of wood patio deck including existing perimeter bench and new post supported
cable rail. Located: Private Rd, Fishers Island. SCTM#1000-3-2-1
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 action is
INCONSISTENT with following LWRP Policy Standard and therefore is INCONSISTENT with the
LWRP.
The proposed action is located entirely within the Coastal Erosion Hazard Area.
4.1 Minimize losses of human life and structures from flooding and erosion hazards.
The following management measures to minimize losses of human life and structures from
flooding and erosion hazards are suggested:
Minimize potential loss and damage by locating development and structures away from
flooding and erosion hazards.
Move existing development and structures as far away from flooding and erosion
hazards as practical. Maintaining existing development and structures in hazard
areas may be warranted for:
a. structures which functionally require a location on the coast or in coastal
waters.
b. water-dependent uses which cannot avoid exposure to hazards.
c. sites in areas with extensive public investment, public infrastructure, or
major public facilities.
d. sites where relocation of an existing structure is not practical.
The structure is not water dependent and does not meet criteria a-d above.
Further the proposed action is a regulated activity in the Coastal Erosion Hazard Area, however,
it is difficult to determine how the regulations apply to the action. Spot elevations shown on the
Plan View (DWG 09-08-2146) indicate a rise of 6' from the toe of the stone revetment to the top
of bank. It is recommended that the Board has the applicant clarify the natural protective
feature within the Coastal Erosion Hazard Area.
Figure 1. Subject parcel.
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
DECK'
' ;~, FICHEI:?...G ISLANI2
LOCAl-ION I--'IAP ~¢[
NOTE~
1. ELEVATION DATUM I~ INA'V~ '~,.
T~ ~NCE: NO~ ~TIC ~ -
N~ ~N~N
~P~R $ ~TO~ ~F OF WOOD PATIO
DECK INCLUOIN~ ~N¢ ~MB~R BENCH
PROJECT
REI:',,cqR $ ~.GTORE A LONE ~T, AN~fN¢ PATIO
DECK.
THESE APPLICATION DI2,A'¥V~N~
A COM~L.ATION OF ~UIL~v~Y~ FOR
ENMI24DNM~NTAL F~Ri"JIT
NOT CXDN~TRUCTION C, ON'T'R,~-~ DOCUMENT~.
ATOWN BUIL~IN~ I:~RMIT MAY BE
~QUtRED
WE.~T: F-.A~T:
BARRON V. KJE)[D
.~.~ OA~4_A~qN ~42 ~UETE 72_5
2 'FU~FLE CREEK ',4LLA4DE
DALLAS, TX 75219
FISHEW,~ ISLAND Ch'NTHIA [D'WY~R
DEVELOPMENT COI2J2, 592 C. ANTITOE ST
PO BOX 464 SEDF<DRD, NY 105(:26
FISHEI2~-~ ISLAND, NY 06390
O~.-22-'11 T.O.S.
RESTORE
LOCATION:
FlSHEI;-.~ ISLAND - TCA,VN ~F ~OLJTHOLD
SUFFOLK COUNTY, NBNV YORK
WATERWAY: Flf:~HEP-.5 ISLAND E~UND ~
DATE: AP'~L 23, 2Oll
APPLICANT: NICHOLAS NCrYF--~
A45ENT: SHEET 1 OF 4-
K~h~ B. Netl~on, ~
M¥~tlc, CT 06355
8BO 572 8939 FAX ~60 572 7569
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: · . '~ ~ PROTF-.CTION . . T.O._~
OF -no,~.
!TOE
~l~p-/~'~
~ EDgE OF
DWELMN~
E_>(I~T'IN~ CONDI-'FION~
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~P/N~ / ~.E~TORE
ELEVATION DATUM NAVD ~
~U~¢' by: CME A~2CVkTE.~ EN~;INEERJN~,
LAND .~UIL~'EhflN~ $ ,AR~HFFBCTURE~, ~
LOCAI~ON:
FI.~,HER..~ I~LANID - TC:)~/N o¢ ~DUTHOLD
~UFT-OLK. COUNTY', N~-~A/YO~K
WAT~R'vVAY: Pq94-1EI~.~ I~L.AND ~OUND
DATE: ,AP~L 2-5, 2Oll
,~',t;~-ICANT: NtGHOL..A~ NO'YE9
Keith Neilson, Docko Incorporoted 7/29/201~ 3:28 PM Noyes_Oeck-Restoretlon_2 dw9
N
STONE .~HOREFRONT Pl2,OTECTIO N
T.O_c
WLF
UPPER LIMITS OF TIDAL. WETLANI~ A~ SHRUBS
FLAC-~ED BY ~JC~ C/~X[AVAN,
¢ME SENIOR ENMI:2,ONMENTAL .~CIEN~T.
12-.ETAIN / I~EEST~LISH NON-TUI~F
V~GETA TED BUFFER
AL.ON~ "FOP OF E,ANK ~.~,K TO IO-H--T-
EXIST'IN~ 600-'¢,~F WOOD'D~CK
WLF WLF .,~"
//,~ZDE)E OF BRU..gH
F-.D~E OF LAWN
BE I~EBUIL T
PEPJMIETER BENCH
TO BE 12,E~ TOt2,ED
A~ NE~J:D~_--D
~X. COA~TIz~. EI;~D.SION ~
LINE PER COASTAL EI2,O~ON ~
SU~LK C~, N~ YO~ ~O
NO. ~3;
D'vVEI-LiN ~
F.F. EL~1.3-5
12,EP!..A~E DETE~IOI2A TED DECK I:=L.ANK~ AND S'i'RINGEIP.~ ,A~ NEEDED
INSTALL I:::~STS TO I;~EPL, ACE CONCRETE B~K
WOOD WAL.KWAY~
F'~DJECTI
~ I'T'EE
o£ NO"'FE~
RE'vlSEO O~--2.2.-'tl TO.S,
12~PA/I~ / ~2~TORE
LOCATION:
ELEVATION DATUM NAVD
~URVEY ~ ~ME ,A~OC;V~,TES EN~INEE~N~,
LA,ND SURVEY1N~ $ ,ARCHITECTURE,
PECK RJEPAI~
FISHEP-~ ISLANO- TO~,VN CF ~UTHOLO
SUFFOLK COUNT'K, NEV¢ YORK
WATERWAY: FISHER~ ISLAND ~DUNO
,APED 25, 2011
APPLI~CNNT: NICHOLA~
ADVENT: SHEET 3 OF 4-
EDOC;KO, INC.
Ke~n 6. Neil~n, PE
Mw-~tc, CT 06B55
8~0 572 ~99~ F~ ~0 572
E~ d~sn~,n~
Keith Neitson, Docko Incorporated 7/29/2011 3:24 PM Noyes_0eck Restorotion 3dwg
EXIt, TING 600-~F LDECK
J_EXISTIN~ D'~LLIN~ TO/~E/~EPA//~ELD
yFLOOI2 EL 13_5~FT P.~_.~UI~.a~Z.E OECI<IN~
COASTAL EROSION HAZAI2D LiNE FACE OF HOUSE
! I I
lo 5 o
LiMrFS OF
TIDAL- W~TLANOS
A~ FLAGGED
by CME A~EOC~TE~
NEW INTEI~IEDIATE 5UPFOJ2T POgT (7'~)
EXCAVATE ONLY FOR NEW SUPPOI2T I:~O~T¢
NO ~OIL ~RADING o NO EROSION CONTROL.~ P~F. QUIRED
TAMP ~AVA~D ~b I~O ~E~ ~T HO~ TO ~N ~
~T ~M~ ~P OI~E OF ~NC~gl ~ B~K ~U~O~
I I I I
Kelth Neilson, Docko Incorporated
RSVISED 0~-22-11
7/29/2011 3:22 PM
P~.OJECT: DEC/(
~AT1ON DATUM INA'VD
LOCAlqON:
FLGHEP-S ISLAND - TOVVN of' SOUTHOLD
SUFFOLK COUN'Pt', NE'vV YORK
WATE~:~WAY: FISHEI;~ ISLAND
gATE: /NC~L 2~, 2Oll
AI~LICANT: NICHOLA~ NO'YF~
~ENT: SHEET 4 OF 4
B. N~n, ~
~c, ~ OGDS5
572 ~99 F~ ~0 572 7~
Noyes Deck Restoration 4dwg