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Home My WebLink About1000-118.-4-8L. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NYI1971 Telephone:631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OFSOUTHOLD MEMORANDUM To: Jill Doherty, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: November 14, 2011 Re: Proposed Wetland Permit for JAMES D. FRY SCTM# 1000-118-4-8 En-Consultants on behalf of JAMES D. FRY requests a Wetland Permit to construct approx. 101 If. of vinyl bulkhead in place of existing timber bulkhead; construct +/-10' and +/-7' vinyl returns in place of existing returns; remove existing deck; construct 3' extension to existing 3'X 22' stairway (to be replaced as necessary); construct 4'X 7' steps to beach; and backfill with approx. 20 cy. clean sand from an upland source. Located: 8045 Nassau Point Rd., Cutchogue. SCTM#118-4-8 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 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 Southdld 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. It is recommended that the Board require that the applicant re-vegetate the backfilled areas with native, salt tolerant vegetation (landscaped buffer). In addition, it is recommended that the Board have the applicant clarify the methods of removing of the wood deck and construction methods to achieve the minimal disturbance of existinq ve.qetation on the bluff. Figure 1. Subject parcel. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its wdtten determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Town of Southold, A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM Allapplicantsf0rpermits* incIudingT0wnofSnuth01d agencies, shallc0mpletethisCCAF for proposed actions that are subject to /he Town 0fS0uth01d W aterfr0nt Consistency Review Law This assnssmentisintendedt0supplement0therinf0rmati0nusedbyaT0wn0fS0uth01dagencyin m a k in g a d ete r m in a tin n o 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. 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 supporting and non- suooortin~ 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 Officei-th~Plannihg~De~-drt-ment' all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1~8 4 8 PROJECT NAME JAMES D. FRY ! O The Application has been submitted to (check appropriate response): TownBoard ~] Planning Board ~] Building Dept. ["-] Board of Trustees [5~ 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) [--1 (c) Permit, approval, license, certification: [~ Nature and extent of action: Construct approximately 1 O1 linear feet of vinyl bulkhead in place of existing timber bulkhead; construct +/-10' and +/-7' vinyl returns in place of existing returns; remove existing deck; construct 3' extension to existing 3' x 22' stairway (to be replaced as necessary); construct 4' x 7' steps to beach; and backfill with approximately 20 cubic yards clean sand from an upland source, all as depicted on the project plan prepared by En-Consultants, dated October 20, 2011. Locat on of action: 8045 NASSAU POINT ROAD, CUTCHOGUE Site acreage:. 40,722 S.F. Present land use: RESIDENTIAL, ONE-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: JAMES D. FRY (b) Mailing address: S PEBBLE HILL DRIVE NORTHPORT, NY 11768 (c) Telephone number: Area Code 631-495-6531 (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. [~]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 I-lYes V1 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 mo The existing, developed site has been improved with and supported and protected from flooding and erosion by a bulkhead at the toe of the embankment since prior to 1977, and the project seeks to maintain this existing condition through the ordinary and routine in-place replacement of the bulkhead. There is no viable non-structural alternative means of maintaining and protecting the vegetated embankment and upland portion of the parcel in its current location. Therefore, the project is consistent with Policy 4 to the extent this policy can be applied to the in-place replacement of an existing bulkhead. 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 project is consistent with Policy 5 to the extent that the existing treated timber bulkhead will be replaced with a bulkhead constructed with vinyl sheathing. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Sonthold 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 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 ~ 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 II1 - Policies; Pages 38 through 46 for evaluation criteria. [~ Yes [~ No [~ Not Applicable Insofar as Policy 9 can be applied to the current project, the project is consistent with Policy 9 because the existing bulkhead in no way impedes or precludes public access along the subject shoreline. Attach additional sheets if necessary WORKING COAST POLICIES · Poli'cy 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 Peeonic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes [~ No [~ Not Applicable 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 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~. HERRMANN TITLE co^sr^L MGMT SPECIALIST DATE 10/23/11 Amended on 8/1/05 LITTLB FI~CQNIC PAY '*"'I POINT i~i ~--- ~11~ ( K~SS VIA E N- CONSULTANTS 1319 NORTH SEA RD. vU~HAI~#I'vN, NY 11968 631-283-6360 PI~OPO~P BLILI(~,N2 I~PL/~I~MI~NT ( IN PLACIO POI~ JAMB PI~ ON LITTLI~ PI~CONIC BAY. CIJTCHO~i~. 5LIPPOI. K. NY 9rl~l~fl OP 2 10-20-11 ~C110N THROIJdH PROPO~I? IN*PL-AC~ BLItr.,~A~ P~PI.ACU/Vf. NT 56~: I" -- I0' -" ¢' + ~58'(V/~,) I "' 22' ~×, 51'¢PS "' I 1'0 ~ I PROP, VINYt I~KI~AP VIN~ FH~A11kd