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Home My WebLink About1000-31.-18-2 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: January 23, 2013 Re: Proposed Wetland Permit for PAUL DOMBROWSKI SCTM#1000-31-18-2 Jeffrey Patanjo on behalf of PAUL DOMBROWSKI requests a Wetland Permit and Coastal Erosion Permit to replace 28 linear feet of storm damaged bulkhead in-place with a proposed +/-12' return on the western end; replenish fill behind bulkhead lost during storm; and remove and replace existing storm damaged +/-26' x +/-26' decking on seaward side of dwelling, +/-51 'L x +/-6¥V decking along west side of dwelling, and +/-19'L x +/-5.5'W decking on landward side of dwelling. Located: 50 Rabbit Lane, East Marion. SCTM# 31-18-2 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 proposal to replenish fill behind bulkhead lost during storm is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. No permits exist for the below noted structures. The proposed replacement to replace 28 linear feet of storm damaged bulkhead in-place with a proposed +1-12' return on the western end; remove and replace existing storm damaged +~-26' x +~-26' decking on seaward side of dwelling, +1-51'L x +I-6'W decking along west side of dwelling, and +/-19'L x +1-5.5'W decking on landward side of dwelling is INCONSISTENT with LWRP Policies 4.1 (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 Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The structures described were not constructed pursuant to Southold Town Trustee Regulations, a Chapter 275 Wetlands and Shorelines permit and Chapter 111 Coastal Erosion Hazard Areas permit. The location of the proposed 26 x 26 deck is located within the Coastal Erosion Hazard Area (CEHA) and will be constructed on the beach and is inconsistent with the below listed policy: 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. a. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. All development is prohibited on a beach pursuant § 111-12 unless specifically provided for by Chapter 111, COASTAL EROSION HAZARD AREAS. Pursuant to § 111-6, allowable activities on a beach may include open timber piles or other similar open work supports with a top surface area of less than 200 square feet. Therefore, the deck, as proposed, is prohibited in the on the beach pursuant to Chapter 111, COASTAL EROSION HAZARD AREAS. § 11t-12. Beach area. D. All development is prohibited on beaches unless specifically provided for by this chapter. § 111-6. Definitions. UNREGULATED ACTIVITY -- Excepted activities which are not regulated by this chapter include but are not limited to elevated walkways or stairways constructed solely for pedestrian use and built by an individual ~roperty owner for the limi{ed purposes of providing noncommercial access to the beach; docks, piers, wharves or structures built on floats, columns, open timberplles or other similar open work supports with a top surface area of less than 200 square feet or which are removed in the fall of each year; normal beach grooming or cleanup; maintenance of structures when normal and customary and/or in compliance with an approved maintenance program; planting vegetation and sand fencing so as to stabilize or entrap sand in primary dune and secondary dune areas in order to maintain or increase the height and width of dunes; routine agricultural operations, including cultivation or harvesting; and the implementation of practices recommended in a soil and water conservation plan as defined in § 3, Subsection (12), of the Soil and Water Conservation Districts Law; provided, however, that agricultural operations and implementation of practices will not be construed to include any activity that involves the construction or placement of a structure. Town of Southold A. INSTRUCqlONS LWRP CONSISTI~;NC¥ ASSESSMENT FORM JAN - 9 2013 Sou/hold Town Board of Tru~t~e~ All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Sou/hold Waterfront Consistency Review Law. 'lhis assessment is intended te 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 wi/hie/he (.'oas~al Erosion Hazard Area. Before answering the questions in Section C, thc preparer of this form minor action list, policies and explanations of each polio) Waterfront Revitalization Program. A proposed action will be beneficial and adverse effects upon the coastal area (which includes i exempt of Sou/hold Ia)cai as to its significant lfany question in Section C on this form is aoswered "yes", achievement of the LWRP polic~, Thus, the action should be analyzed in more detail de~rmination that it is consistent to the sxandards and conditions. If an action cannot be standards and proposed action may affect the review law'. modified prior to making a with the LWRP policy consistent with the LWRP policy A copy of the LWRP is available i website (southoldtown.northfbrk~net), the [ local libraries a~k4 places: online at the Town of Southold's of Trustees Office, the Planning Department, all B. DESCRIPTION OF / SCTM# 3~ m 02 £ f . The Application has been sul d to (check ap/~roprmte Town Board [] [] response): Dept. ~ BoardofTrmtees [] Category of 'l'oa~n of ~ (a) construction, plmming a (b) Financial assistance ppropriate response): ~um agency (e.g. capital [] regulation, land transaction) [] loan, subsidy) (c) Permit, approval, license, ee~tificalion: [] Nature and cxtcmt of action: ' ' ' ' REPLACE 28 LF OF BULKHEAD ~ DAMAGED DURING HURRICANE SANDY. 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 Water~ont Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southnld 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 Waterfi'ont 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 Depamnent, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 31 18 o2 The Application has been submitted to (check appropriate response): TownBoard ~ Planning Dept. [-~ Building Dept. [] BoardofTrustees ~ 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: REPLACE 28 LF OF BULKHEAD AND DECKING DAMAGED DURING HURRICANE SANDY. Location of action: 50 RABBIT LANE, EAST MARION Site acreage:. 0.09 Present land use: RESIDENTIAL Present zoning classification: RFS 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: PAUL DOMBROWSKI (b) Mailing address: 44 CUNNINGHAM AVENUE, FLORAL PARK, NY 11001 (c) Telephone number: Area Code ( ) 917-299-7131 (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?. NYSDEC 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 PROJECT ENHANCES COMMUNITY CHARACTER BY WAY' OF PROVIDING A VISUALLY APPEALING AND FUNCTIONAL BULKHEAD. 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 PROJECT ENHANCES VISUAL QUALITY BY PROVIDING A VISUALLY APPEALING BULKHEAD. 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 PROJECT PROTECTS THE LOSS OF LAND AAND EROSION DUE TO TIDAL CURRENTS AND UPLAND RUNOFF. 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 PROJECT PROTECTS WATER BY WAY OF PROVIDING A BARRIER FOR SEDIMENT EROSION. 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 llI- Policies; Pages 22 through 32 for evaluation criteria. [] Yes ~ No [] Not Applicable ACTION HAS NO EFFECT ON ECOSYSTEMS. 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 ACTION HAS NO EFFECT ON AIR QUALITY. 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 eritecia. [] Yes [~ No [] Not Applicable ACTION HAS NO EFFECT CAUSED BY SOLID AND HAZARDOUS WASTE. 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 II1 - Policies; Pages 38 through 46 for evaluation criteria. [] Ye[] No [] Not Applicable ACTION IS LOCATED ON PRIVATE PROPERTY 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 II1 - Policies; Pages 47 through 56 for evaluation criteria. [] Yes ~-] No [] Not Applicable ACTION IS LOCATED ON SINGLE FAMILY RESIDENCE AND UTILIZED TO ACCESS BEACH AND WATER. 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. 7q Yes lq 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 SURVEY OF PROPERTY SITUA TED A T EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YOF S.C. TAX No. 1000-,51-18-0: SCALE 1"--20' APRIL ,.30, 1998 NOVEMBER 16, 2012 ADD COASTAL EROSION HAZARD AREA = 4,303.88 sq. ff. (TO BULKHEAD) 0.099 ac. N.Y.S. Lic. No. 50467 Nathan Taft Corwin III Land Surveyor Successor To: Stanley J. Isaksen, Jr. L,S. Joseph A. Ingegno L.S. Tifle Sucveys -- Subdivisions -- Sire Plons -- Con~truc(ion Layout PHONE (631)727-2090 Fox (631)727-1727 UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARIND THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF 1:3 THE TITLE COMPANY. GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. CERTIFIED TO: COMMONWEALTH ROBERT KOCH LAND TITLE INSURANCE COMP.~ East Marion 0 L~ke ~o~Lp PROJECT LOCATION RD/OVE N, IO R'EP~CE EXiS"~qG STORU DAY, AGED DECK BID( TO PRE-STORM DIMENSIONS SHOWN 28' OF STORM ~ BULKHF. AD ../ IN SAUE LocKnON AS EX~ING PROP~ 12' BULKHEAD REAIRN 11M~ JETTY TO EE~N PROPOSED BULKItEAD SCALE: 1 PROPOSED PLAN $: DATE: LOCATION MAP 60 RABBIT LANE EAST MARION, TOWN OF ~OUTHOLD ~UFFOLK COUNTY, NY ~HE~: TAX M~ NO. 1000-81-~8-0~ ~ OF 2 PROPERTY OWNER: PAUL DOMBROWSKI 44 CUNNINOHAM AVE. FLORAL PARK, NY 11001 PREPARED BY: PORTIONS OF PLAN FROM SURVEY PREPARED BY: JEFFREY PATANJO NATHAN TAFT CORWlN III LAND SURVEYOR 106 HEWlTT BOULEVARD SURVEY LATEST DATED 4/30/98 CENTER MORICHES, NY 11934 631-484-9332 -PROPOSED TIMBER TOP CAP PROPOSED 3"X6" REAR REMOVE REMAINING DAMAGED BULKHEAD TIMBERS ~1 PROPOSED 8" TIP CCA LAY-LOG PILE ' PROPOSED 8" TIP CCA PILE, O.C. 8' LENGTH. BOLTED TO PROPOSED DECK TO REPLACE EXISTING LOST DURING RE-PLENISH SAND LOST DURING STORM I WALL TO REMAIN UNDISTURBED ---' -PROPOSED 14' LONG 10" BUTr CCA TREATED TIMBER PILE, 6' NOTE: REMOVE EXISTING REMAINING STRUCTURE IN ITS ENTIRETY AND INSTALL NEW BULKHEAD IN THE EXACT SAME POSITION AS STORM DAMAGED BULKHEAD 6"x6" CCA TOP &: BOTrOM WALE LAY-LOG WITH 3/4" J / 'PROPOSED 12' LONG CLOC GALVANIZED THRU-BOLTS.~ / 9000 VINYL SHEETING PROPOSED 16' LONG 1' DIA. GALV. TIE ROD, 6' O.C.-- A°PEOXIMAT[ M.LW TYPICAL SECTION PROPERTY OWNER: PAUL DOMBROWSKI 44 CUNNINGHAM AVE. FLORAL PARK, NY 11001 PREPARED BY: JEFFREY PATANJO 106 HEWITT BOULEVARD CENTER MORICHES, NY 11954 651-4-84-9332 PROPOSED BULKHEAD SCALE: AS NOTED PROPOSED SECITO.,V ]ATE: 50 RABBIT LANE EAST MARION, TOWN OF SOUTHOLD SUFFOLK COUNTY, NY SHEET: TAX MAP NO. 1000-3t-18-02 2 OF 2