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HomeMy WebLinkAbout1000-31.-13-2 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: January 23, 2013 Re: Proposed Wetland Permit and Coastal Erosion Hazard Erosion Permit for ROBERT O'BRIEN SCTM# 1000-31-13-2 ROBERT O'BRIEN requests a Wetland Permit and a Coastal Erosion Permit to construct 143 linear feet of new navy-style vinyl sheet piling bulkhead immediately in front of the existing Hurricane Sandy storm damaged wood sheathing bulkhead, 6"x6" horizontal whalers and pilings; removal of a section of the west jetty needed to accommodate the installation of new vinyl sheathing; removal of existing 22 linear feet of wood bulkhead return at west property line; installation of 22' of a new navy-style vinyl sheet piling bulkhead return; the lower beach stair is to be removed and reinstalled after the new bulkhead is constructed; the portion of the upper wood plank terraced stair removed for installation of the tiebacks and deadmen will be reconstructed in-kind; the damaged lower rubble stone wall will be reconstructed to the same height and length that existed prior to the storm; re-vegetation of the disturbed slope areas will consist of rosa Virginia, rosa rugosa or equal planted at four to five foot on center; the level four-foot ground area between the top of the bulkhead and base of the lower rubble stone wall will have filter fabric installed, ballasted with a blend of 1" to 6" beach stones. Located: 1955 Truman's Path, East Marion. SCTM~ 31-13-2 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. Board Of $outhold ~Town Trustees ISSUED TO ~ ' IN ~ ~ TOWN WATE~ AND ~ ~DS of ~ To~ Tr~s a~ end ~ Gr~dfmt~t p~lt to ~pbce b~h~ d~ed by stem. IN W~S WHEREOF, The ~ Beard ef TmdeN ~ ~r~m ~ Cerperate Seat ~e be ,d~d, a.d fl,m,e~ ha Figure 1. Permit issued for 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 LWRP CONSISTENCY ASSESSMENT FORM 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 Waterfront Revitalization Program. A proposed action will be as to its significant beneficial and adverse effects upon the coastal area (which includes all 3~ If any question in Section C on this form is answered "yes" or affect the achievement of the LWRP policy standards and review law. Thus~ each answer must be explained supporting facts. If an action cannot be certified as conditions, it shall not be undertaken. A copy of the LWRP is available in the following 1: website (southoldtown.northfork.net), the Board { local libraries and the Town Clerk's office. then the proposed action will contained in the consistency both and non- policy standards and online at the Town ofSouthold ' s , the Plannin~g ~eI~artment, all B. DESCRIPTION OF SITE AND PROPOSED SCTM# 31 1 3 2 PROJECT NAME chela The Application has been submitted to ( Town Board [~ Pla,nin~Board 1. Category of Town of Southold agency actic (a) hate response): Dept. ~ Board of Trustees [~ check appropriate response): 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: see proposal attached Location of action: 1955 Trumans Path, E. Marion, NY Site acreage: 0.70 Present land use: single family residence Prcsentzoningclassificadon: 210 single family residential 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: (b) Mailing address: Robert O'Brien P. O. Box 456 Laurel, NY 11948 (c) Telephone number: Area Code ( ) (631) 298-5252 (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? DEC 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 I. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastrneture, 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 see attachment 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 see attachment 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 see attachment Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. Sec LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [--] Not Applicable 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 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 AUach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See L'vVRP 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 Peeonlc 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 F--] No IX] 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 Rober'~ 0~]3rJ-en TITLE Owner DATE ~ 2/19/4 2 December 18, 2012 Southold Town Trustees and Mark Terry Proposal: Construct 143 L. F. of new navy-style vinyl sheet piling bulkhead immediately in front of the existing Hurricane Sandy storm-damaged wood sheathing bulkhead, 6" x 6" horizon- tal whalers and pilings. Removal of a section ofthe west jetty needed to accommodate the installation of new vinyl sheathing. Removal of existing 22 L. F. of wood bulkhead re- turn at west property line. Installation of 22' of a new navy-style vinyl sheet piling bulk- head return. The lower beach stair is to be removed and reinstalled after the new bulk- head is constructed. The portion of the upper wood plank terraced stair removed for in- stallation of the tiebacks and deadmen will be reconstructed in kind. The damaged lower rubble stone wall will be reconstructed to the same height and length that existed prior to the storm. Re-vegetation of the disturbed slope areas will consist of rosa virginia, rosa rugosa or equal planted at four to five foot or center. The level four-foot ground area be- tween the top of the bulkhead and base of the lower rubble stone wall will have filter fab- ric installed, ballasted with a blend of 1" to 6" beach stones. DEVELOPED COAST POLICIES 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. The existing wood bulkhead on the property has been extensively damaged by Hurricane Sandy. This has caused partial failure of the steep slope behind it due to erosion. The east edge of the house above the erosion area is within four-feet of the top of the slope. Portions of the top half existing wood bulkhead are missing. The previously reinforced lower half is generally in fair condition. The main pilings have wet rot and have also been damaged by the impacting waves. We are proposing to build a new vinyl sheet piling bulkhead immediately in front of the existing wood bulkhead sheathing and whalers. This to limit the amount of excavation and prevent further subsidence. Failure of the toe of the slope due to removal of the existing sheathing would cause the upper steep portion of the slope to fail, possibly undermining the house's foundation footings. The existing large deep-rooted trees and rose bush vegetation remaining on the slope would also be lost. Policy 2 Preserve historic resources of the Town of Southold. The center core of the house appears to date to the early 1900s and may have been a fisherman's shed or an accessory structure to the ice houses that once surrounded Mari- on Lake. A large number of millstones have also been found throughout the property. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. The old mature trees on and at the top of the slope root systems, which protrude into the slope, are less likely to be disturbed by leaving the existing bulkhead in place. The visual quality and scenic resources will remain the same as they have existed in the past. Note: The new bulkhead would be consistent with those on the adjoining properties. The bulkhead to the east was approved and bumped out in 2007 for similar reasons. The bulkhead of the house to the west is 22-feet seaward of the proposed bulkhead. NATURAL COAST POLICIES Policy 4 Minimize loss of life, structures and natural resources from flooding and erosion. The existing bulkhead is needed to protect the upland property and house itself. The new bulkhead will not increase flooding and will prevent erosion. Policy 5 Protect and improve water quality and supply in the Town of Southold, The project will have no impact on water quality and supply. Page 2 of 2 Robert O'Brien Policy 6 Protect and restore the quality and function of the Town of Southold's ecosystem. The project will have no impact on the ecosystem. Policy 7 Protect and improve air quality in the Town of Southold. The project will not impact the air quality. Policy 8 Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. The project will not degrade the environment. 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. Our proposal will not limit public access to the coastal waters or public resources of the Town of Southold. There is a bulkhead presently existing and we are proposing to con- struct a new bulkhead immediately in front of the existing bulkhead. The new bulkhead will be 25' landward of the apparent high-water mark. WORKING COAST POLICIES Policy 10 Protect the Town of Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. Our proposal is to reconstruct a new bulkhead and prevent failure of the steep slope be- hind it. It will allow continued use of the beach and does not in any way prevent public access through the property. Policy 11 Promote sustainable use of living marine resources in the Town of Southold. There will be minimal disturbance of the slope behind the bulkhead and it will be re- vegetated. Policy 12 Protect agricultural lands in the Town of Southold. There will be no impact on agricultural lands. None are in the vicinity of the house. Policy 13 Promote appropriate use and development of energy and mineral resources. The proposal has no influence on the development of energy and mineral resoumes Ii 41'