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Home My WebLink About1000-3.-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 Keith Neilson, Docka Incorporoted ,~_-->(I¢-FIN~ CONDI-'fllON¢ I ~ ~ I ~2.Ev~EO 0E~2.2-11T.O.~ 0~,~~ , ~4~p,,~r~ / ~T O~ 068C37.-../ / 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 .AI::t~f~DX~MATE ~ IR~P4DI:~EI~"Y L/NE ~.,. ~TONE ~HOREFI;~ONT PROTECTON WLF WLF ;ME 5ENIOE ENMP. ONMENTAL ~C:IENrilgT. 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 I I I I PJE'vl ~ED O~-2-2.41 T.O.~. 1~4EP~ / F:'f~J ECT: I~E~I~ET'EI~ BENGH TO BE RE~TOREO .~ NEEDED ETq~.LLJN~ F.F. E~t3.S N WLF WLF E OF E, P4J~H ~ 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 I I I I ~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 ErI, NL~ dock.~m'z-t.n¢ D~/~ O9¢21445 : · . '~ ~ PROTF-.CTION . . T.O._~ OF -no,~. !TOE ~l~p-/~'~ ~ EDgE OF DWELMN~ E_>(I~T'IN~ CONDI-'FION~ I I I I I~,L~VI~D 0~2241T.O.~ ~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