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Home My WebLink About1000-32.-1-9 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: July 13, 2012 Re: Proposed Wetland Permit for MARGARET P. LATHAM TRUST SCTM# 1000-32-1-9 Eh-Consultants on behalf of MARGARET P. LATHAM TRUST requests a Wetland Permit to construct approx. 152 If. of vinyl bulkhead and +/-7' easterly return in place of (and 6" higher than) existing concrete seawall and return; construct +/-8' westerly vinyl return; and backfill with approx. 15 cy. clean sand to be trucked in from an upland source. Located: 2425 Peters Neck Rd., Odent. SCTM#32-1-9 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 Policy Standards and therefore is CONSISTENT with the LWRP provided the following best management practice is required pursuant to: Clarify if the backfilled area will be replanted with indigenous vegetation following construction of the bulkhead. 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 A. LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS 1. 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 ,4rea. 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 supporting and non- suoportin~ 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 Office, the Pi libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 32 1 _ 19 PROJECT NAME MARGARET P. LAT~AM T~UST The Application has been submitted to (check appropriate response): JUN 2 5 2012 ~.~ $outhhold Town ~-~ PlanningBoard[~ Building Dept. [~ BoardofTrustees~' Town Board 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: Construct approximately 152 linear feet of vinyl bulkhead and +/-7' easterly return in place of(and 6" higher than) existing concrete seawall and return; construct +/-8' westerly vinyl return; and backfill with approximately 15 cubic yards clean sand to be trucked in fi.om an upland source, all as depicted on the project plan prepared by Eu-Consultants, dated June 19, 2012. Location of action: 2425 PETERS NECK ROAD, ORIENT Site acreage:. 31,967 S.F. Present land use: RESIDENTIAL, ONE-FAMILY DWELLING Present zoning classification: R-200 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: MARGARET P. LATHAM TRUST (b) Mailing address: c/o MARGARET P. LATHAM, TRUSTEE; 1715 KING MOUNTAIN ROAD CHARLOTTESVILLE, VA 22901 (c) Telephone number: Area Code 434-295-4371 (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 aH 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. 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 ~ Yes ~ No ~ Not Applicable 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 ~ Yes ~ No ['~ Not Applicable The existing site has been historically improved with and supported and protected from flooding and erosion by a concrete seawall. The in-place replacement of the seawall fronting Pete Neck Creek should be considered a "minor action" exempt from waterfront consistency review pursuant to the following definition under Chapter 268: "GG. Within all Town creeks, replacement of existing bulkhead on the applicant's property in the same location with a silt curtain deployed prior to and during construction." However, as the raising of the bulkhead and construction of the new westerly return may be considered a new "action" a) the bulkhead is being raised 6" to provide improved protection against extremely high tides such as those that would occur during storm events.; and b) the westerly return is being added to provide improved protection against the structure being outflanked on its westerly side, where there is the greatest potential for flooding and erosion and where the most severe damage has already occurred to the existing structure as a result. 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 concrete seawall will be replaced with a bulkhead constructed with untreated vinyl sheathing. 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 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. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes --I 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 nor will the replacement bulkhead. 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 IH - 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 r,,~b~ ROBERT E. HERRMANN TITLEcoASTALMGMTSPECIALIST DATE 6/22/12 Amended on 8/1/05 WALL TO BE REMOVE SEAWALL +_63' EN-CONSULTANTS 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 631-283-6360 PROF'Or--~P VIN~ I~LLKI~,~ IN P1.AC~ OF CONCI~IT. ~AW,~L FOR ~1' P, LAI'HAM 11¢15f ON F'f.I'P. ~CI(. ORII~NI'. 5LI~POI. K COUNfY. ~W YOlk.. f:~P.f I Of 2 6/I':)/12 SBCi'ION A-A: THRLJ CONS~LJCI'ION Of VINYl. BUII. KHBA~2 IN PI. ACB Of BX, CQNICRBq'B SBAWAtl. ~,POP ViN'& f~EJE. K~,q? IN PI.ACB 0~ (~ e': , ~ - ~, HM 6 PBN VINY~ 5kB A~lld~ e" * IQ' PIL~5 MHW ~ 4~ 9" ] ML-W * 2'~ ~" , IM -'