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Home My WebLink About1000-128.-2-2 OFFICE LOCATION: Town Hail 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 22, 2011 Re: Proposed Wetland Permit for HELEN & WILLIAM COSTER SCTM# 1000-128-2-2 Costello Marine Contracting Corp. on behalf of HELEN & WILLIAM COSTER requests a Wetland Permit to remove 40' of-existing jetty and construct new jetty in-place; remove existing stairw~iy to beach; remove 68' of existing bulkhead and construct 72' of new bulkhead in-place; remove existing north return and construct new 10' return along north property line; reinstall existing stairway to beach; remove existing lower stairway; remove 52' of existing retaining wall and construct 56' of new retaining wall in-place; remove 24' of existing north retaining wall and construct 22' of new retaining wall along north property line; reinstall existing lower stairway; fill void areas landward of retaining wall with 40 cy. clean trucked-in sand; and re-vegetate disturbed areas with native plantings to match existing. Located: 6370 Great Peconic Bay Blvd., Laurel. SCTM#128-2-2 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 remove 40' of existin.q jetty and construct new ietty ,in-place is INCONSISTENT with the below denoted Policy Standards and therefore is INCONSISTENT with the LWRP. 4.2 Protect and restore natural protective features. Natural protective geologic features provide valuable protection and should be protected, restored and enhanced. Destruction or degradation of these features should be discouraged or prohibited. Maximize the protective capabilities of natural protective features by: 1. avoiding alteration or interference with shorelines in a natural condition 2. enhancing existing natural protective features 3. restoring the condition of impaired natural protective features wherever practical 5. managing activities to limit damage to, or reverse damage which has diminished, the protective capacities of the natural shoreline The 40' jetty is dilapidated and non-functioning and does not serve the purpose to which it is designed. This is largely due to decay of the jetty structure and sea level rise, which causes the jetty to be submerged during tidal regimes. The proposed action to replace the jetty does not support items 1-5 above. Minimize interference with natural coastal processes by: 1. providing for natural supply and movement of unconsolidated materials and for water and wind transport 2. limiting intrusion of structures into coastal waters The request to reconstruct the 40' jetty conflicts with this policy, the replacement of the structure would impede the natural sand movement processes of the shoreline. A limited interference with coastal processes may be allowed where the principal purpose of the structure is necessary to: 1. simulate natural processes where existing structures have altered the coast 2. provide necessary public benefits for flooding and erosion protection 3. provide for the efficient operation of water-dependent uses The proposed replacement of the jetty does not support 1-3 above. Figure 1. Subject parcel and non-functional jetty. Figure 2. Subject parcel and non-functional jetty showing consistent shoreline sand movemeT~'[ .... and deposition (Black Line). The proposed actions to remove existing stairway to beach; remove 68' of existing bulkhead and construct 72' of new bulkhead in-place; remove existing north return and construct new 10' return along north property line; reinstall existing stairway to beach; remove existing lower stairway; remove 52' of existing retaining wall and construct 56' of new retaining wall in-place; remove 24' of existing north retaining wall and construct 22' of new retaining wall along north property line; reinstall existing lower stairway; fill void areas landward of retaining wall with 40 cy. clean trucked-in sand; and re-vegetate disturbed areas with native plantings to match existing are CONSISTENT with the LWRP provided the following best management practices are considered to further 5.1. Prohibit direct or indirect discharges that would cause or contribute to contravention of water quality standard and Policy 6.3 Protect and restore tidal and freshwater wetlands. § 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 erosion control structure is necessary dudng 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 project are~: Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action: '~ ~ Cc: Jennifer Andaloro, Assistant Town Attorney Helen & Wdliam ~oster Town of Southold INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT ~OP~,', ~ ~ (~ ~ All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront 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 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). lfany question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions, tf 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 ,. ,: f: .... DESCRIPTION OF SITE AND PROPOSED ACTION 128 2 2 SCTM# The Application has been submitted to (check appropriate response): Town Board ~] Planning Dept. ~] Building Dept. [--] Board of Trustees 1. 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: ~-] ~.~._._x~ ~, Rm ' ' '~ Remove 40' of existing jetty and construct new jetty in-place. Remove existing stairway to beach, eove 68 of ex~s~tng X bulkhead in-place. Remove existing north return and construct new 10' return along north property line. Reinstall existing stairway to beach. Remove existing lower stairway. Remove 52' of existing retaining wall and construct 56' of new retaining wall in-place. Remove 24' of exlsting north retaining wall and construct 22' of new retaining wall along north property line. Re-install existing lower stairway. Fill void areas landward of retaining wall with 40 cubic yards of clean trucked-in sand. Re-vegetate disturbed areas with native plantings to match existing. Location of action: 6370 GREAT PECONIC BAY BLVD., LAUREL Site acreage: 0.421 ACRES Present land use: SINGLE FAMILY RESIDENCE Present zoning classification: R-.40 RESIDENTIAL LOW DENSITY AA 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: HELEN AND WILLIAM COSTER (b) Mailing address: PO ~@X 5~3, LAUREL, NY 11948 (c) Telephone number: Area Code ( ) 631.298.5892 (d) Application number, if any: Will thc action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~'] No ~-] If yes, which state or federal agency? NYSDEC, NYSDOS, ACOE 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 PLEASE SEE ATTACHED 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 PLEASE SEE ATTACHED 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 PLEASE SEE ATTACHED Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from floodin~ and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~ Yes [-~ No ~ Not Applicable PLEASE SEE ATTACHED Atlach 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 PLEASE SEE ATTACHED 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 PLEASE SEE ATTACHED Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section !11 - Policies Pages 32 through 34 for evaluation criteria. ~'~ Yes ['-'~No~ Not Applicable PLEASE SEE ATTACHED 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 Ill - Policies; Pages 34 through 38 for evaluation criteria. ~-'~Yes ~ No ~ Not Applicable PLEASE SEE ATTACHED 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. ~ Ye~ No~-~ Not Applicable PLEASE SEE ATTACHED 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 PLEASESEE ATTACHED 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 ~-] Not Applicable PLEASE SEE ATTACHED 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 PLEASE SEE ATTACHED 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 ~ Not Applicable Created on 5/25/05 11:20 AM · Date: To: Client: Proposal: July 26, 2~)11 Southold Town Trustees and Mark Terry Helen and William Coster - 6370 Peconic Bay Blvd., Laurel Remove 40' of existing jetty and construct new jetty in-place. Remove existing stairway beach. Remove 68' of existing bulkhead and construct 72' of new bulkhead in-place. Remove existing north return and consh'uct new 10' return along north property line. Reinstall existing stairway to beach. Remove existing lower stairway. Remove 52' of existing retaining wall along north property line. Reinstall existing lower stairway. Fill void areas landward retaining wall with 40 cubic yards of clean trucked-in sand. Re-vegetate areas with native plantings to match existing.. DEVELOPED COAST POLICIES 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. Our proposal consists of reconstructing structures which provide access for the upland property owner to the water to engage in water-dependent activities. These structures are consistent with the surrounding properties along this shoreline. Policy 2 Preserve historic resources of the Town of Southold. Our proposal will have no effect on the preservation of historic resources of the Town of Southold. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. There will be no significant effect on the visual quality or scenic resources. The structures are existing and visual impact will be unchanged. NATURAL COAST POLICIES Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. These are erosion control structures that are need of repair. They are existing and will have no additional flooding or erosion effects. Policy 5 Protect and improve water quality and supply in the Town of Southold. Our proposal will have no effect on the protection or improvement of water quality and supply in the Town of Southold. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosystem. There are no vegetative wetlands at this project location and the majority of the work will be performed landward of the low water mark. There will be no significant effect, positive or negative, on the quality and function of the Town of Southold's ecosystem. Policy 7 Protect and improve air quality in the Town of Southold. Our proposal will have no effect on the air quality in the Town of Southold. Policy 8 Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. Our proposal will not environmentally degrade the Town of Southold from solid waste and hazardous substances and wastes. · 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. There will be no change in the public's ability to access and use coastal waters, public lands and public resources of the Town of Southold. WORKING COAST POLICIES Policy 10 Protect the Town of Southoid's water-dependent uses and promote siting of new water- dependent uses in suitable locations. Our proposal will not promote new water-dependent uses at this location. The reconstruction of these structures will continue to enable the upland property owner and their family to access thc water to engage in water-dependent activities. Policy 11 Promote sustainable use of living marine resources in the Town of Southold. Our proposal will have no effect on the sustainable use of living marine resources in the Town of Southold. The project location is a private residential piece of property surrounded by other residential properties. Commercial shellfishing does not exist in this location. Policy 12 Protect agricultural lands in the Town of Southold. Our proposal will have no effect on the agricultural lands in the Town of Southold. Policy 13 Promote appropriate use and development of energy and mineral resources. Our proposal will have no effect on the development of energy and mineral resources. JUL 2 6 ?_0tl --~¢r'M-/ooo-/2&.- 2..2- Helen Coster 6/I3/11 Helen Coster 6/13/11 6,/13/I 1