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Home My WebLink About1000-123.-6-12.4 OFFICE LOCATION: Town H~I Annex 54375 State Route 25 (cor. Ma/n 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: December 10, 2012 Re: Proposed Wetland Permit for LEWIS TOPPER SCTM# 1000-123-6-12.4 En-Consultants on behalf of LEWIS TOPPER requests a Wetland Permit to construct a +/-74' Iow-profile vinyl groin in place of existing +/-78' timber groin; construct approximately 90 linear feet of vinyl bulkhead in place of (and up to 18" higher than) existing storm damaged timber bulkhead; construct a +/-10' westerly return; reconstruct +/-3'x23' wood walk and +/-3'x6' steps to beach; and backfill with approximately 100 cubic yards clean sand/loam fill, with existing Stone armor and previously permitted 7' wide non-turf buffer landward of bulkhead to remain upon completion of the bulkhead reconstruction. Located: 3605 Camp Mineola Road, Mattituck. SCTM# 123-6-12.4 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. Consider requiring the installation of pervious filter cloth landward of the bulkhead, pinned to the soil and buried (depth undetermined) to act as a splash pad that would dissipate wave energy and resulting erosion during storm events. The buried depth of the filter cloth is dependent upon if vegetation will be installed as a buffer and the root depths required. 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 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 ex and non- supporting facts. If an action cannot be certified as consistent with the standards and conditions, it shall not be undertaken. SCTM# 123 A copy of the LWRP is available in the following places: online (southoldtown.northfork.net), the Board of Trustees Office. libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION PROJECT NAME Lewis Topper Town of Southold's website g Department, all local 6 - 12.4 [. NOV 14 2012 res Building Dept. __ action (check ~ The Application has been submitted Town Board [--] Planning Category of Town of Southold Board of Trustees response): (a) Action undertaken directly by ',.g. capital [--] construction, planning activity, land transaction) (b) Financial assistance (e.g. grant, (c) Permit, approval, license, Nature and extent of action: Construct a +/-74' low-profile vinyl groin in place of existing +/-78' timber groin; construct approximately 90 linear feet of vinyl bulkhead in place of (and up to 18 inches higher than) existing storm damaged timber bulkhead; construct a +/- 1 O' westerly return; reconstyuct +/-3' x 23' wood walk and +/-3' x 6' steps to beach; and backfill with approxflnately 100 cubic yards clean sand/loam fill, with existing stone armor and previously permitted 7' nonturfbuffer landward of bulkhead to remain upon completion of the bulkhead reconstruction, all as depicted on the project plan prepared by En-Consultants, dated November 12, 2012. Location of action: 3605 Camp Mineola Road, Manituck Site acreage: 16,471 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: Lewis Topper (b) Mailing address: 3605 Camp Mineola Road Mattituck, NY 11952 (C) Telephone number: Area Code718-288-2711 (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? NYS DEC TWP; Yes [,/N[ No I [ If yes, which state or federal agency? us ACE Nationwide General Permit C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide ali 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 ~ 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 llI- Policies Pages 8 through 16 for evaluation criteria ~ Yes ~ No ~] Not Applicable The removal and replacement of the existing bulkhead and groin were previously found to be exempt from Waterfront Consistency Review pursuant to Section 268-5 of the Town Code, but to the extent that the raising of the bulkhead height and addition of a return may constitute a reviewable "action," the project is consistent with Policy 4. Specifically, the project proposes the ordinary and routine replacement of an existing groin with a low-profile vinyl groin as previously approved and also the replacement of an existing timber bulkhead damaged during Hurricane Sandy with a vinyl bulkhead in the same location and up to 18" higher to provide a reasonable increase in protection for the upland property and existing residence against erosion and flooding caused by storm surge. The existing, developed site has been improved with and supported and protected from flooding and erosion by a bulkhead since prior to 1992, and there is no viable non-sn'uctuml alternative means of maintaining and protecting the upland portion of the property in its current location. Without replacement and maintenance of the bulkhead the subject and adjacent properties would be exposed to severe erosion, flooding, and damage to the residential structures located thereon. 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 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 Southoid 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 Other than the ecological benefits provided by replacing a treated timber bulkhead with untreated vinyl sheathing and maintaining the previously permitted 7' nontarf buffer landward of the bulkhead, the project will effectively maintain the historically preexisting conditions along this bulkheaded shoreline without any change in or significant adverse impact on the adjacent unvegetated wetland area or tidal waters of the Town. Therefore, to the extent Policy 6 is applicable to the project, the proposed work is consist with the policy. 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 ~ NoR 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 ~] No ~ Not Applicable Insofar as Policy 9 can be applied to thc current project, the project is consistent with Policy 9 because thc proposed replacement oftbe existing structure will in no way impede or preclude public access along the adjacent shoreline. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Pro. tect 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 Ill - 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 rt~e~ Robe ann TITLEcoastal Management Specialist DATE 11/14/12 Amended on 8/1/05 2 STORY FRAME & STONE DVELLING ~"~ COVERED VOOD PORCH ~ 7, +44' PROP. I0' -'---'-' pROPOSED +90 L,F. OF vINYL BULKHEAD TO BE coN~TRUCTE~ IN PLACE OF (AN~ UP TO lB' HIGHER THAN) EXIsTINC sTORM DAMAGED TIMBER BULKHEAD Ex. sTONE TOE ARMOR TO REMAIN RECONSTRUCT +3' X 6' ~ND ~3' x 23' WOOD WALK AHW AFTER BULKHEAD REPLACEMENT PORTION OF EX. TIMBER GROIN TO BE REMOVED AND REPLACED wITH Low-pROFILE, VINYL GROIN PR,EDOM. UI~ORAI, BRI,e? PORTION OF EX. GROIN TO BE REMOVED PECONIC BAY +74' E N- CONSULTANTS 1319 NORTH SEA RD. SOUTHAMPTOH, NY 11(268 631-283-6360 PROPO~P IN.-PI-AC:I~ I~PI.,AEI~MI~N'r OF IAI..KHP. AP & ~ROIN PO~ bi, WI5 TOI~R ON dinar ~CONIC DAY, MA1'f111EK, ¢l.,IPICOt. K COUN'fY, I~W 51~fl OP 2 ~/14'/C~, I0/1~/C)~, 11/12/12 ~r'!. AtW ~ O -O' !2 PROPO~ V!NVB B~i.K, kBA~2 5BCTIQN TIdRLI PROPQ~I2 IN-PI. ACB RBMOVA~ ~ RBPL-ACBMBNT OF BX,TIMPBR BLIL-KJ-tBAi~ ANI~ NRQIN WITH VINYl. BLILKIdBAI? ~ bOW-PRQPII. B NRQIN Z..2~' Oa') - t ~._l'~ LA'&O6 ~, 20" P!LB5 I scaB: I" * IO'I TERRY TH (PRIVATE R.O.W.) FN COR CONC,MON.~ LAND NOW OR FORMERLY LENA F, HOWELL VACANT N 87°27'00''E 92.92' ,TER SERVICE 15 8 0 2 STORY FRAME & STONE DWELLING $'X 12' SHED ON 9' X 10' CONC: PLAT ~ , · i~V~AtER MA~F suRVEY MEsAoNsHsERVED ATTIME ~- ^r sTONES~3ouLDER~,A~S~nPLACEO LINE ur LONG WOOD BULKHI~u ~- . , PECONIC BAY rD: LEWIS E. TOPPER C/T/BANK, N.A. COMMONWEALTH LAND TITLE INSURANCE CO HANDS ON SURVEYING 26 SILVER BROOK DRIVE FLANDERS, NEW YORK 11901 TEL: (631)-369-8312 - FAX:(631)-369-8313 MARTIN D. HAND L.S SURVEY OF DESCRIBED PROPERTY SITUATE A T MA TTI'I'UCK TOWN OF SOUTHOLD SUFFOLK COUNT'4 NEW YORK S.C.T.M DIST. 1000 SEC. 123 BLK. 06 LOT 12.4 15 30 45 60 75 90 105 SCALE: 1" = 30' DATE: AUGUST 31, 2001 L O T AREA: 16,471 SQ. FT TO BULKHEAD = 0.38 ACRE FEMA BOUNDARIES AS SHOWN ON: COMMUNITY# 360813 PANEL 0482 SUFFIX G F.I. RM. MAP NO. 36103C0482 G MAY4, 1998 , I 120 135 1 STORY FRAME DWELLING JOB NO. 2001-312 SUBJECT SANITARY & ABANDONED WELL LOCATIONS TAKEN FROM A SURVEY BY YOUNG & YOUNG, HOWARD W YOUNG L.S. NO. 45893 LAST REVISED JULY 2, 1982, FINAL SURVEY MAP NO. FILED: REVISIONS: ADD CERTS: 1011101 ADD PROP POOL, PA TIO, FN, DWAY, GAR. EXT., PORCH 4/6/02 FINAL SURVEY 9/20/03 UPDATE & RECERTIFY 5/05/05 REV. TAX L O T NO. 05/16/05 UPDATE & RECERTIFY 11/30/05 LOC. LIMIT OF BOULDERS 1/14/08 REV. JETTY LENGTH 3/14/2008 · ~ , '~ LICENSE NO. 050363