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Home My WebLink About1000-26.-2-6.1 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: MarkTerry, Principal Planner LWRP Coordinator Date: November 14, 2011 Re: Proposed Wetland Permit for GRACE PROPERTIES SCTM# 1000-26-2-6.1 En-Consultants on behalf of GRACE PROPERTIES requests a Wetland Permit and Coastal Erosion Permit to construct approx. 87 If. of 1,500-3,000 lb. stone armor, incorporating existing row of previously permitted stone armor; construct immediately landward of stone armor approx. 84 If. of vinyl retaining wall; remove portion of existing southerly stone return to allow for continuous structure with adjacent property and re-work and fortify with additional stone existing +6X +14 northern stone return; renourish upland area eroded away with approx. 100 cy. of sand; establish 8' non-turf buffer on landward side of stone to be planted with Cape American beach grass (12" on center); and remove and replace (in-kind/in-place) existing 4' wide platform and stairs as necessary to allow for stone work. Located: 190 Willow Terrace Lane, Orient. SOTM#26-2-6.1 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 CONSISTENT with the LWRP. 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 I. A~~app~icantsf~rpermits*inc~udingT~wn~f~~uth~~dagencies~sha~~c~mp~etethisCCAFf~r proposed actions ~hat are subject to the T0wn of S0uth01d W aterfr0nt C0nsistency Review Law. This assessmentisintended t0supplement0therinf0rmati0nused by aT0wn 0fS0uth01dagency in m a k in g a d ete r m in a ti0 n 0 f c 0 n s is t e n c y. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. 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. Thus, each answer must be explained in detail, listing both supportim, and non- sul~oortine facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# 26 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 2 . 6.1 PROJECT NAME GRACE PROPERTIES The Application has been submitted to (check appropriate response): TownBoard ~] PlanningBoard[~] Building Dept. ~] BoardofTrustees[~ 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: [~ Nature and extent of action: In conjunction with adjacent property to south, construct approximately 87 1.f. of 1,500 - 3,000 lb. stone armor, incorporating existing row of previously permitted stone armor; construct immediately landward of stone armor approximately 84 l.f. of vinyl retaining wall; remove portion of existing southerly stone return to allow for continuous structure with adjacent property and rework and fortify with additional stone existing +6 x + 14 northerly stone return; renourish upland area eroded away by Tropical Storm Irene with approximately 100 cubic yards of sand; establish 8' nonturfbuffer on landward side of stone to be planted with Cape American beach grass (12" o.c.); and remove and replace (in-kind/in-place) existing 4' wide platform and stairs as necessary to allow for stone work, all as depicted on the project plan prepared by En-Consultants, dated October 24, 2011. Location of action: 190 WILLOW TERRACE LANE, ORIENT Site acreage: 16,092 S.F. Present land use: RESIDENTIAL, SINGLE-FAMILY DWELLING Present zoning classification: R-40 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: GRACE PROPERTIES; C/O JAMES N. GRACE, MANAGING PARTNER (b) Mailing address: 36 BACON ROAD ST. JAMES, NY 11780 (c) Telephone number: Area Code 631-862-8070 (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?_ C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will 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 III - Policies; Page 2 for evaluation criteria. V-]Yes ~] No ~ Not Applicable 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 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 Attach additional sheets if necessary 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 See auached. 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 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. ~-qYes ~ No [~ Not Applicable The proposed project entails the expansion/raising of existing, previously permitted stone armor (and the construction of a retaining wall on its landward side to support it and provide improved retention of the upland area behind it) for the purpose of stabilizing and providing more effective long term protection of the owner's upland. A significant portion of that upland was eroded away avulsively during Tropical Storm Irene on August 29, 2011, despite the presence of the existing low-profile stone armor, which was entirely buried and covered with an artificially created sand "dune" vegetated with Cape American beach grass. The project includes the proposed renourishment of this eroded area, the most seaward 8 feet of which will again be planted with Cape American beach grass (12" on center) and maintained as a nonturf buffer. Pursuant to Chapter 275-1 I(B)(1), the proposed retaining wall is being incorporated into the erosion control design only where it has demonstrated that the subject shoreline area is susceptible to and has been impacted by extreme erosion; and the proposed stone will armor its entire face, leaving no vertically faced structure exposed to Orient Harbor. Consistent with Chapter 275-11 (B)(1) and Chapter 111-15, the finished structure will maintain a sloped face and will encroach no further seaward onto the beach than the existing structure to ensure that it does not cause a measurable increase in erosion at the site or adjacent properties. The proposed structures are being installed in conjunction with the adjacent property to the south, which was similarly impacted during Tropical Storm Irene. The structures are proposed not only where non-structural, vegetative means alone would not be sufficient to stem the ongoing erosion but also where the previously installed low-profile stone armor was demonstrated to be insufficient for this purpose. As a naturally protective feature capable of protecting against continued loss of upland and ultimately the owner's dwelling is effectively absent at the site, the avulsively eroded area cannot be successfully renourished and maintained over the long term without enhanced toe stabilization; and maintaining and enhancing the existing hard structure for this purpose is the only design consideration that can practicably and effectively provide such toe stabilization. Despite the loss of the previously created vegetated "dune," vegetative enhancement will remain part of the long-term remediation plan design, as an 8' nonturf buffer to be planted with Cape American beach grass will again be established landward of the proposed stone armor and retaining wall. Therefore, the project is also consistent with Policy 4 of the LWRP. 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. [~ Yes [--] No[~ Not Applicable 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. [~ Yes [~] No [5~ Not Applicable 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. Sec LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes ~ NoN Not Applicable The proposed structure will be installed above high water associated with Orient Harbor and no farther seaward then the existing structure. Therefore, the proposed project will not preclude or inhibit existing access along the beach. 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 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 [5~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of $outhold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ~] Yes ~] No [5~] Not Applicable 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 PREPARED BY ROBERT~~-"-RRMANN TITLE COASTAL MGMT SPECIALIST DATEocT. Amended on 8/1/05 / / t 30' EX. STONE ARMOR RETURNS TO BE REWORKED AND FORfflFIED WITH ADDITIONAL STONE AS NECESSARY ALW i 'CY ~tORy ~41~IE HOUSE WOOD DECK qF STORM UNDARY GEOGRID BOAT EX. 4' x 6' I~K)OD PLATFORM AND ,~' x 6' STEPS TO BE REMOVED AND REPLACED (IN-KIND/IN-PLACE) PROP, 84 L.F. OF VINYL RETAINING WALL ON LANDWARD SIDE OF STONE ARMOR HARBOR E N- CONSULTANTS ORIENT 1319 NORTH SEA RD. SOUTHAMPTON, NY 11968 631-283-6360 PORTION OF EX. STONE RETURN BE REMOVED TO ALLOW CONTINUOUS PROP. RET, WALL AND STONE ARMOR ON AND ADJ. PROPERTIES ADd. PROP. RET. WALL AND STONE ARMOR (SEE APPUCATION BY DEFINA) 8' AREA TO BE PLANTED WffH CAPE AMERICAN BEACH GRASS AND MAINTNNED AS NONTURF BUFF'ER APPROX. EX. & PROP. LIMIT OF 87 L.F. OF PROP. 1,500 LB. TO 3,000 LB. STONE TOE ARMOR, INCORPORATING EX. STONE PI~OPO.~..P EY, F,ANSION OF 51'ON[~ ~MOR; I~1'.,NNIN~i WM..L.~/:':NF I~NOLIRISt'IMI~NI' POE ~P. AC~ PEOI~EI']I~5 ON ORIEN( t4~E, ORII~NI'..~!~PObK CO,, NY .51-11~l~'r I OP :2 lO/2x~/II ~CTION THRU FROFQ~P 5TONP- AR,~OP,, I~T~NIN~ WAtt, ~ ILT. NOI.IRIFHNUNT FC/~.B:I'- I0' 8" ~. 12' "1 IN-KINP/IN-PI. ACB (TOP Of: I~Q~ PROP. TOP Bt. OP PROP. I~f. W,~l. ~ 51'0N~ ARN~7~ ~ *._?'MSt PROP. I,SO0 t[~, - ~,OOC) LB. 5TONIg OVUR ~- I00 LF', ~ SfOf, l~ ~, Plbl~R Q-O1Tt ~×. 5TOi'g/~MQR 'fO Pe I~WQq~P INfO PINISFgP 51~]JC1tI~ * 9' PBN~'i~A~ 5TON~ ~LOW F~ACH 'ROP, VINYb ~f, WA.L