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Home My WebLink About1000-51.-4-16.1 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 Fa~ 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: October 11, 2011 Re~ Proposed Wetland Permit for MICHAEL MUTSAKIS & EVELYN CAPASSAKIS SCTM#1000-51 ~4-16.1 Costello Marine Contracting Corp. on behalf of MICHAEL MUTSAKIS & EVELYN CAPASSAKIS requests a Wetland Permit and Coastal Erosion Permit to remove remaining existing face pilings; construct 112' of new sheet steel sheathed bulkhead in front of existing T&G bulkhead; install 2.5 to 3 ton rock armoring at base of new bulkhead; fill void area west of stairway with 95 cy. of clean trucked in sand; construct 10'X 10' wood deck with retaining walls; reconstruct existing stairway, in-like/in-place; and re-vegetate any disturbed areas with Cape American Beach grass. Located: 20985 Soundview Ave., Southold. SCTM#51-4-16.1 Figure 1. Subject Parcel. The proposed action remove remaining existing face pilings; construct 1 t2' of new sheet steel sheathed bulkhead in front of existing T&G bulkhead; install 2.5 to 3 ton rock armorinq at base of new bulkhead; fill void area west of stairway with 95 c¥. of clean trucked in sand, reconstruct existing stairway, in-like/in-place; and re-vegetate any disturbed areas with Cape American Beach grass; 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 action is CONSISTENT with the LWRP review provided the following best management practices are required if the action is approved: To further Policy 5: Protect and Improve Water Quality in the Town of Southold and Policy 6; Protect and Restore the Quality and Function of the Town of Southold Ecosystem it is recommended that the Board require a silt boom during construction. '§ 275-11. Construction and operation standards. A. General. The following standards ara requirad for all operations within the jurisdiction of the Trustees: (2) Erosion control. Installation of an erosion control structura is necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structura 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 proiect area. The construction of a proposed construct 10'X 10' wood deck with retainin,q walls 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 therafora, 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 jurfsdiction 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 raquired 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-I1-2005 by L.L. No. 17-2005] The proposed 10'X10' wood deck with retaining walls is located on the bluff. Pursuant to Chapter 268, the Board of Trustees shall consider this racommendation in preparing its written determination ragarding 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 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 Waterfi'ont 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", 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. 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 Soufltold's website (southoldtown.northfork.,n~), the Board of Trustees Office, the Planning _Department, all local libraries and the Town Clerk s office. ' '~ ~' '5~ ~: '- i'- DESCRIPTION OF SITE AND PROPOSED ACTION $1 4 16.1 S? 1 9 2011 SCTM# The Application has been submitted to (check appropriate response): TownBoard ['-"] Planning Dept. ~] BuiidingDept.~] BoardofTrustees[~] C~3]x.._>,'~_~/ 1. Category of Town of Southold agency action (check appropriate response): ~ (a) Action undertaken directly by Town agency (e.g. capital ["-] 2 [~['~//~ 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: Remove any remaining face pilings. Construct 112' of new steel sheathed bulkhead in front of existing T&G bulkhead. InstaII 2.5 to 3 ton rock armoring at base of new buIkhead. FiE void area west of stairway with 95 cubic yards of clean trucked-in sand. Construct lO'xlO' wood deck with retaining wails. Reconstruct existing stairway, in-like, in-place. Revegetate disturbed areas with Cape American beach grass. Location of action: 20985 SOUNDVIEW AVENUE, SOUTHOLD Site acreage: 0.2'66 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: MICHAEL MUTSAKIS & EVELYN CAPASSAKIS (b) Mailing address: 235 84TH STREET, BROOKLYN, NY 11~O9 (c) Telephone number: Area Code ( ).718.745.5090 (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? 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 The current condition of the bulkhead is unsafe and the property owlets have limited access to the water. Our proposal is an attempt o£ the upland property owners to maintain their property. Our proposal will not have any effect on the communiq/ character or preservation of open space. Attach aamuonai sneers ~r 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 This property has no significant historic resources. Attach additional sheets if necessary Policy 3. Enhance vk~sml quality and protect scenic resources throughout the Town of Soutimld. Sec LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [--] Yes [--'] No ~ Not Applicable The current conditions of the bulkhead and bluff areas are visually degrading. Our proposal is an attempt to maintain the proper(y. The visual quality will be enhanced with the new structure. ATtach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from floodino~ and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes Null Not Applicable Our project is to reconstruct an existing bulkhead. The bulkhead is needed to support the toe of the bluff to prevent slumping and to maintain the upland property. The new bulkhead will help control further erosion and will not increase flooding or erosion in the area. 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 proposal will not have any impact on the water quali(y or supply of the Town of Southold. 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 This proposal will not have any impact on the Town o£Southold's ecosystem. Ail work will take place landwaed of the high water line and ail construction debris will be contained. ARach 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 ~-~No~ Not Applicable This proposal will not have any impact on the air qualRy of the Town of Southold. 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. NYes ~ No ~'] Not Applicable This proposal will not degrade the environment with solid waste or hazardous substances. 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 Our proposal will not limit the public ~s abili(y to access coastal waters, public lands or public resources of the Town of Southold. The current T&G bullchead have face piling which will be removed. Although we are proposing to go in front of the existing, the new steel sheathed bulkhead will not need face piling. Therefore, there is no seaward expansion with the bulkhead. The proposed armoring will only consist of one line of rock which will extend approximately 4' seawzrd of the existing balkhead's face piling, yet still 5' to 22' landward of the high water mark. 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 Our main prbpos~l is to reconstruct existing bulkhead. The present condition o£the bluff area is poor and unsafe. These conditions are limiting the property owners' ablli(y to access the water. This property is used to engage in water-dependent activities such as fishing and swimming. These activities will continue at the site once construction is complete. Attach additional sheets ifneeessary 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 The reconstruction of the existing bulkhead will help stabilize the area which is landward of the high water mark. There should be no significant effects on the living marine resources. 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 This proposal will have no impact on the agricultural lands in the Town o£Southold. Attach additional sheets if neeessary 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 This proposal has no influence on the development of energy or mineral resources. Created on 5/25/05 11:20 AM Michael Mutsak~s 7/l 1/i i Michael Mutsakis 7/11/i 1 o · 2/0 7~, ::~.c:a~z..v, ov/,e~/..~ v~'. M~Iw 0 .4-~ 1; /(/IA/