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Home My WebLink About1000-123.-6-13 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: 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 & MARGARET SAVERCOOL SCTM# 1000-123-6-13 En-Consultants on behalf of LEWIS TOPPER & MARGARET SAVERCOOL requests a Wetland Permit to construct approximately 55 linear feet of vinyl bulkhead in place of (and up to 18" higher than) existing storm damaged timber bulkhead; construct a +/-10' easterly return; and backfill bulkhead and storm eroded area with approximately 100 cubic yards clean sand/loam fill, with existing stone armor and covenanted 10' wide non-turf buffer landward of bulkhead to remain upon completion of the bulkhead reconstruction. Located: 120 Terry Path, Mattituck. SCTM# 123-6-13 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 ve.qetation will be installed in the 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. 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 cojrditions contained in the consistency review law. Thus~ each answer must be explained in del/ill, listing both supporting and non- supoortin~ facts. If an action cannot be certified as consi~(ent with the LWRP policy standards and conditions, it shall not be undertaken. / / A copy of the LWRP is available in the following pla/es: online at the Town of Southold's website (southoldtown.northfork.net), the Board of TrusteestOffice, the Planning Department, all loca! libraries and the Town Clerk's office. / ~- -~ ii~ ~,~-(~ ~"-:: 5~'i:5::~i B. DESCRIPTION OF SITE AND PROPOSED ACT[ON :} ~!i~ · ; SCTM# 123 -~6 _ _ 13 _ / ~i!;~ lq~'v~ 1 4 20~ / PROJECT NAME Lewis Topper & Margaret Savemool [ i ............; ...... ~ ! The Application has been submitted to (check appropr~te response): ~ .......... J~':-~::2 :~ ?:~"~:2 ............ TownBoard ~] PlanningBoard~] Building~ept./ ~] BoardofTrustees[~] Category of Town of Southold agency action (~eck appropriate response): (a) Action undertaken directly by Town a~ency (e.g. capital construction, planning activity, agenc)~ regulation, land transaction) (b) Financial assistance (e.g. grant, loan,~subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Construct approximately 55 linear feet of vinyl bulkhead in place of (and up to 18 inches higher than) existing storm damaged timber bulkhead; construct a +/-10' easterly return; and backfill bulkhead and storm eroded area with approximately 100 cubic yards clean sand/loam fill, with existing stone armor and covenanted 10' nonturf buffer landward of bulkhead to remain upon completion of the bulkhead reconstruction, all as depicted on the project plan prepared by Eh-Consultants, dated November 12, 2012. Location of action: 120 Terry Path, Mattituck Site acreage: 33,126 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 & Margaret Savercool (b) Mailing address: 3605 Camp Mineola Road Mattituck, NY 11952 (c) Telephone number: Area C0de718-288-2711 (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 [/NJ No I 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 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 Yes No Not Applicsb,e 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 removal and replacement of the existing bulkhead should be determined 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 seeks to replace 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 flooffmg 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-structural 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 Yes No Not App,icable 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 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 Other than the ecological benefits of replacing a treated timber bulkhead with untreated vinyl sheathing and maintaining the covenanted 10' nontuff 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 unvegctated 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 Southoid. See LWRP Section III - Policies Pages 32 through 34 for evaluation eriterla. ~ 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 ~] No V--] Not Applicable Insofar as Policy 9 can be applied to the current project, the project is consistent with Policy 9 because the proposed replacement of the 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. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section IH - Pohcles, 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 ia Long Island Souud, the Peeonie Estuary and Towu waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. 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 ~a Robert mn TITLEcoastal Management Specialist DATE 11/14/12 Amended on 8/1/05 TERRY PA TH +83' - 5fie (AC~55 VIA I~ AV~. ANP/OR ~f~AI' I~CONIC ~'^Y) t0' RETURN +55 L.F. OF viNYL BULKHEAD TO BE coN~TRUCTEB IN pLACE OF (AND uP TO tB' HIGHER THAN) ExJSTING sTORM DAMAGED TIMBER BULKHEAD pBcONIC BAY E['i-C O k'S ULT/'-tITS 1319 N[;RI'H SEA 80 UT]-!AM F'TO~',:, N.Y. g31-233-63~30 PROPOS~P IN-PL/~I~ I~PL./~I~MI~Ixlf OF 5fORM PAM,AL~P PLI. Kt~AP POR LI~VV15 fOP~R & MARC~T 5AVIF. R¢OOL ON OI~AI' FT. CONIC BAY, MAf111I,ICK, f:~lPPOLK COLNI'Y, ~W YOW,, 9r~.l~f I OF 2 II/12/12 AHW ~ 2-6" AgW- O'-0" SUCTION THRIJ PROPOSBI~ JN-PL-ACB RBMQVAP ~ RUPLACBMBNT OP UX,TJMiPBR BLILKHBAI? [ 5CAL-~: I' t~1/4" × 9" × 16 V!NJYL 5~ATHIN~ ?ROPOr:f.~ VINYU I~LJLK~A~ lC)" ~ 20" P!b~5 IN PLACB OP BX flM[~BP, [~LILK~A~ 51TUATE,HATTITUOK ~-~ ~_~ TOHN: .~2UTI-IOI_P '""..,,, SUFFOLK C, OUN'TY, I'~ ---,,,,, E FOUNDATION LOCATION O-/-O~-2OC~1 -- ®AP-.A&E FOUNDATION LOC. 10-21-200q FINAL SURVEY 12-2q-200q ~UFPOLK COUNTY TAX ** ~o~wY~ ~ ~. NOTE~, HONL~I~NT FOUND FLOOD ZONE5 A5 ANNOTATED FROH FIR~ HAP No. ~f:)10~0462 H DATED HAY 4, Iqq~ AREA = ~,126 5.P. or 0.760 APJ~A EXC, LUDIN6 AREA ~ ~ ~ ~LK~ D2D~ 5,F. SUFFOLK COUNTY HEALTH DEPT. RET=. # RlO-O6-OO4q JOHN C. EHI.ERS LAND SURVEYOR 6 ]F..AST MAIN $ITt ~- r N.Y.C. ].IC. NO. 50202 RIVI3RHBAD, N.Y. 11~01 369-.82~ l~t 369-8287 ~PHIC, EC. ALE i