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Home My WebLink About1000-119.-1-18 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: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: February 17, 2012 Re: Proposed Wetland Permit for LAWRENCE NIEBLING SCTM#1000-119-1-18 Land Use Ecological Services, inc. on behalf of LAWRENCE NIEBLING requests a Wetland Permit to construct a 4'X 70' timber walkway over an existing deteriorating concrete walkway leading to a proposed 6'X 10' open grate platform with 4'X 15' staim proposed for beach access; existing stairs with the portion of the concrete walkway to be removed; install 100+/- If. of 18-24" stone (500-1000 lb.) on filter fabdc along the eroded scarp at the toe of the existing bluff; 50+/- cy. of clean sand from an upland source is proposed to cover the stones and restore the bluff slope and planted with beach grass on 12" centers; and all bare areas on the bluff face to be planted with Beach Grass on 12" centers. Located: 10020 Nassau Point Rd., Cutchogue. SCTM#119-1-18 The proposed action (construct a 4'X 70' timber wallwvay over an existing deteriorating concrete walkway with 4'X t5' stairs proposed for beach access; existing stairs with the portion of the concrete walkway to be removed; install 100+/- If. of 18-24" stone (500-1000 lb.) on filter fabric along the eroded scarp at the toe of the existing bluff; 50+/- cy. of clean sand from an upland source is proposed to cover the stones and restore the bluff slope and planted with beach grass on t2" centers; and all bare areas on the bluff face to be planted with Beach Grass on 12" centers); 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 1. It is recommended that the Board require survival requirements for the planted vegetation. The construction of a proposed 6'X 10' (60 sq. ft.) open grate platform 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 therefore, 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 jurisdiction 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 required for all operations within the jurisdiction of the Trustees: (6) Decks and platforms. No decks or plafforms shall be permitted on or near bluffs. Platforms associated with stairs may not be larger than 32 square feet. [Amended 10-ff.2005 by L.L. No. 17-2005] 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 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). 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 Southold's website (southoldtown.northfork.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 The Appel b~-n suTi~ck appropriate response): "~ T B PI D own oard [] anning ept. [-~ 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 ~ c,~n~- construction, planning activity, agency regulation, land transaction) [-~ (b) Financial assistance (e.g. grant, loan, subsidy) F [ ~ - 6 20!9~ (c) Permit, approval, license, certification: Nature and extent of action: Proposed beach access stairs and stone protection; Please See Attacl~ed Project Description. Niebling - Cutchogue Project Description: (1-2-2012) The applicant is proposing staks for shoreline access, and bluff stabilization and restoration for the eroding bluff. A 4' x 70' timber walkway is proposed over an existing deteriorating concrete walkway leading to a proposed 6'x10' open grate platform with 4'x15' stairs proposed for beach access. The existing stairs with the portion of the concrete walkway leading to them will be removed. 100+/- linear feet of 18-24" stone (500-10001b) on filter fabric is proposed along the eroded scarp at the toe of the existing bluff as depicted on the section view (sheet 3 of 3 of project plan~). 50+/- cubic yards of clean sand f~om an upland source is proposed to cover the stones and restore the bluffslope and planted with beach grass on 12" centers. Any and all bare areas on the bluff face are also proposed to be planted with Beach Grass on 12" centers. 10020 Nassau Point Rd. Cutchogue NY Location of action: .9+/- Site acreage:. Present land use: Residential Present zoning classification: Residential If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: Lawrence Niebling (a) Name of applicant: (b) Mailing address: 24 Margaretta Rd. Boonton, NJ 07005 (c) Telephone number: Area Code ( ) (d) Application number, if any: (973)256-3422 Ext 212 Not yet Known 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, USACE, and NYSDOS 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 Anach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LVOIP Section HI - 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 T.[~ Yes [~.~No [~ Not Applicable r~s~prolecrwm no[nave anynegat~ve impacts on the visual quality or scenic resources of the Town of Southold. Attach additional sheets if necessary NATURAL COAST POLICHgS 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 ~ Yes [] No [-~ Not Applicable The purpose of the proposed project is to protect and stabilize the severely eroded shoreline area. The proposed stone will protect the site and reduce the potential for any additional flooding and or erosion at the site. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section Ill - Policies Pages 16 through 21 for evaluation criteria '1~ p]~j~o~s~d~?oj[e-c~ ~ r~C~a~sion and sedimentation/siltation of the Peconic Bay and will .............. Fccoi k, Bay .......... airy iiiiF, aCt Oi~ ...... 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 If needed, any existing tidal wetland area will be protected at the site during construction activities by using a line of haybaiesisiit fence between the tidal wetland area and ihe existing structures and work area. ConstruC[ion activities wiii occur during iow tide cycles to reduce possible impacts. 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 At, ach 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. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes~ No ~ Not Applicable 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. T~'~ ~¢:~)o~d]~?o~ct ~1~ t~l~li~i~'ote sustainable use of living marine resources in the Peconic Bay 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 Created on 5/25/05 11:20 AM t ( I / / / / ! I , [ t ·: STAKE SET ·: MONUMENT \ SECTION N.T.S. AREA=39,009 SO. FT. (0.896 ACRES) TO TIE LINE ELEVATIONS REFERENCED TO N.A. V.D. '88 ANY ALTERATION OR ADD/DON TO THIS SURVEY IS A [40LATION OF SECTION 72090F THE NEW YORK STATE EDUCATION LAM EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VAI~'D FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNA DIRE APPEARS HEREON. SURVEY OF LOT 85 MAP OF PROPOSED SUBDIVISION SECTION B NASSAU POINT CLUB PROPERTIES, INC. RI.ED OCT. 4, 1919 FILE NO. 745 AT NASSAU POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. I000-119-01-i8 SCALE: l'--.fO' OCTOBER 26, 2010 MAY I~, 2011 (PROPOSED STAIRS) ~----~-~~ N.E$. LIC. Na 49618 /'IbECONIC ~YORS, P.C. (631/ Z65-5020 FAX (651) 765- 1797 P.O. 80X 9O9 1230 TRAVELER STREETJ SOUTHOLD. N. 11971 89--174 % LOT .~ 86 ,tv / DRAIN SEE DETAIL DRAWING ," ~ ) i~nnnnnnnnnnnnnnm' nmmm'n nmb LOT 84 NOTES: 1. THESE PLANS AND SECTIONS ARE REFERENCED TO SURVEY PREPARED BY PECONIC SURVEYORS, P.C., LAST REVISED 5-13-2011. 2. TIDAL WETLANDS LINE IS SYNONYMOUS WITH THE AHWM AS OBSERVED BY LAND USE ECOLOGICAL SERVICES, INC. ON 10-20-2011. NIEBLING 10020 NASSAU POINT ROAD CUTCHOGUE, NY 11935 LAND USE ECOLOGICAL SERVICES, INC 570 EXPRESS DRIVE, SUITE 2F Medford, New Yo~ 11763 (631) 727-2400 30' 0 30' SITE PLAN R~,: 0,-0~-~2 1 OF 3 PROPOSED 6'x10' OPEN ORATE PLATFORM PROPOSED STAIRS (4'x~5') EXISTING STAIRS TO BE REMOVED WITH PORTION OF CONCRETE WALK TO THEM 20' 0 20' CONCRETE PROPOSED TO REM/ ,.%. ,,, \ \ DECK BRICK & CONC. WALL STONE "- -... WALL '"'-... NIEBLING 10020 NASSAU POINT ROAD CUTCHOGUE, NY 11935 NOTE: TIDAL WETLANDS LINE IS SYNONYMOUS WITH THE AHWM AS OBSERVED BY LAND USE ECOLOGICAL SERVICES, INC. ON 10-20-2011. DETAIL PROPOSED 18-24" STONE (500-1,000LB) PLACED ON FILTER FABRIC (100± LINEAR FEET) COVERED WITH 50±cyds CLEAN SAND FROM UPLAND SOURCE TO RESTORE SLOPE AND PLANTED WITH BEACH GRASS ON 12" CENTERS. 20F3 LAND USE ECOLOGICAL SERVICES, INC 570 EXPRESS DRIVE, SUITE 2F Medford, New York 11765 (6,:31) 727-2400 NOTE: TIDAL WETLANDS UNE IS SYNONYMOUS WITH THE AHWM AS OBSERVED BY LAND USE ECOLOGICAL SERVICES, INC. ON 10-20-2011. SECTION VIEW SCALE: 1' = 10' NIEBUNG 10020 NASSAU POINT ROAD CUTCHOGUE, NY 11935 LAND USE ECOLOGICAL SERVICES, INC 570 EXPRESS DRIVE, SUITE 2F Medford, New York 11763 (631) 727-2400 SECTION VIEW 1000-119-1-18 ~,,,,o ~ 30F3