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Home My WebLink About1000-56.-7-19 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: November 15, 2011 Re: Proposed Wetland Permit for JOHN P., EUNICE P. & EUNICE P. BENFIELD TRUST SCTM#1000-56-7-19 Costello Marine Contracting Corp. on behalf of JOHN P., EUNICE P. & EUNICE P. BENFIELD TRUST requests a Wetland Permit to remove upper retaining wall, existing stairs and remains of wood deck; remove remains of 135' of existing bulkhead and existing stairs to beach; remove and relocate lower portion of existing drain line and install new catch basin; construct 147' of new bulkhead in-place of existing; backfill with 190 cy. of clean fill; and construct 8'X 111' wood deck and new stairway to beach. Located 50 Blue Marlin Dr., Southold. SCTM#56- 7-19 The proposed action to remove upper retaining wall, existinR stairs and remains of wood deck; remove remains of 135' of existing bulkhead and existing stairs to beach; remove and relocate lower portion of existin.q drain line and install new catch basin; construct 147' of new bulkhead in-place of existing; backfill with 190 c¥. of clean fill 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 The proposal to construct 8'X 111' wood deck (888 square feet) is INCONSISTENT with LWRP Policy 6.3 (below) and therefore, INCONSISTENT with the LWRP. 6.3 Protect and restore tidal and freshwater wetlands. D. Provide adequate buffers between wetlands and adjacent or nearby uses and activities in order to ensure protection of the wetland's character, quality, values, and functions. Large areas of adjacent lands that previously provided a buffer for wetlands have been physically lost to development or functionally lost through changes in land use, including inappropriate or incompatible landscaping. These losses and impairments to the wetlands and their functions cumulatively have impacted the Town of Southold's ecosystem. The proposed 888 sq. ft. deck does not preserve the functions and values of the tidal water-body Shelter Island Sound. It is recommended that the Board require a landscaped buffer in place of the proposed deck to achieve removal of potenti,ql nutrients enterin.q the water body. Further, it is recommended that the Board minimize the use of CCA treated lumber in the stair construction. 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 Sou~hold LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS All applicants for permits* incl,~tlng 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). 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 J~ available in the following places: online at the Town of Southold's website (southoldtown.nortlffork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION 56 7 19 SCTM# The Application has been submitted to (check appropriate response): TownBoard [--] Planning Dept. [-'] BuildingDept [--] BoardofTrustees [7] Category of Town of Southold agency action (check appropriate response): 1. (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: Nature and extent of action: Remove ufpec, retaining wail, existing stairs and remains of wood deck. Remove remains of 135' o£existitzmhulkhead and existing stairs to beach. Remove and relocate lower portion of existing drail line and inst~in~x. Construct 147' o£new bullrhead in-place of existing. Backfill with 190 cubic yards of clean flil. JConstruct I II' wo~d deck and new stairway to beach. Location of action: 50 BLUE MARLON DRIVE, SOUTHOLD Site acreage: 0.47 ACRES Present land use: SINGLE FAMILY RESIDENCE Present zoning classification: R40 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: JOHN P. EUNICE P,. EUNICE P. BENFIELD TRUST (b) Mailing address: 50 BLUE MARLON DRIVE. SOUTHOLD, NY 11§71 (c) Telephone number: Area Code ( ).631.765.3262 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~'] No[--] Ifyes, which state or federal ageney?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 IH - Policies; Page 2 for evaluation criteria. ~']Yes [~ No [--'] Not Appficable Our proposal is ~m attempt o£ the upl~nd property owners to maintain their properly. The existing bulkhead has fziled m~d we are proposing to reconstruct the structure so that the ~rea Is stabilized. Ourproposal will not have ~my effect on the communiO~ character or preservation of open space. ^aacn aomnona~ sheets ~t 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 ~f neces.~aty Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section HI - Policies Pages 6 through 7 for evaluation criteria CI Yes I--I No 71 Not Applicable Our proposal is an attempt to maintain the property and to enhance the appearance o£ the property. The visual quality will be enhanced with the new structure. Attach additional sheets it' necessary NATURAL COAST POLICIES Policy 4. ]Minlmi,~ loss of fife, structures, and natural r~,ources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~ Yes [--] No r~ Not Applicable Our proposal will not hare any influence on the loss of life, structures and natural resources from flooding and erosion. We are reconstructing an existing structure which has failed. 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 quality or supply o£the Town o£Southold. Attach additional sheets it'necessm3, 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. Ali construction debris will be contained and all Best Management guidelines will be adhered to. Attach 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. This propos~ will not ha~e ~qy imp~ct on the :~ir quality o£the Town o£$outhold. Attach additional sheets if necessary Policy 8. Minlmi~e 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 [] 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 recreationo! use of, coastal waters, public lands, and public r~,ources of the Town of Southold. See LWRP Section HI - Policies; Pages 38 through 46 for evaluation criteria. ~-] Ye~ No~-] Not Applicable Our proposal will not limit the public's ability to access coastal waters, public lands or public resources of the Town of Southold. There will be no seaward extension. 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 · . Ourpropamlis to rbconstruct an existing bullthead. The existing bull&eld has failed and the area is unsafe. Theproperty owners have limited access to the water with tIepresent conditions. This properly is generally used to engage in water-dependent activities such as fishing and swtmmtt~ b~' the pFope~ owners and their family. These activities WIll continue at the site once cons~uction is complete. At~ach 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 - PoUcies; Pages 57 through 62 for evaluation criteria. ~-]Yes ["-] No~'] Not Applicable The proposed reconstruct to the e~dsting bulkhead will have no significant effects on the living marine .resollrc~. 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 of Southold. AtIach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section HI - Policies; Pages 65 through 68 for evaluation criteria. OYes ~'~ No ~'] Not Applicable This proposal has no influence on the development of ener~, or mlneral resources. Created on 5/25/05 11:20 AM o J. oool~. o o ~