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Home My WebLink About1000-31.-18-13 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 L MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1935 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 KATHRYN GRAY MELHUISH, MARY PAYNE, GEORGE & WILLIAM GRAY SCTM#1000-31-18-13 The proposed actions are located within the Coastal Erosion Hazard Area. Costello Marine Contracting Corp. on behalf of KATHRYN GRAY MELHUISH, MARY PAYNE, GEORGE & WILLIAM GRAY request a Wetland Permit and a Coastal Erosion Permit to remove remains of existing wood deck, 55' of bulkhead and 20' return; construct 55' of new bulkhead and 20' return, in-place; fill eroded area with clean trucked in fill (approximately 50 cubic yards); re-grade area; reconstruct (replace) existing wood deck, in-place; remove remains of existing jetty and construct new 36' Iow profile jetty, in-place. Located: 600 Rabbit Lane, East Marion. SCTM# 31-18-13 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, that the proposal to remove remains of existing wood deck, 55' of bulkhead and 20' return; construct 55' of new bulkhead and 20' return, in- place; fill eroded area with clean trucked in fill (approximately 59 cubic yards) and re-grade area and remove remains of existing jetty and construct new 36' Iow profile jetty, in-place, is CONSISTENT with the LWRP. The Board issued a permit to repair the bulkhead in 1993. The proposed replacement to reconstruct (replace) existing wood deck (dimensions unknown) LOCATED WITHIN THE CEHA is INCONSISTENT with LWRP Policies 4.1 (below) and therefore, INCONSISTENT with the LWRP. 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. The location of the proposed deck is within the Coastal Erosion Hazard Area (CEHA) and will be constructed on the beach. 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. § 111-12. 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 property owner for the limited purposes of providing noncommercial access to the beach; docks, piers, wharves or structures built on floats, columns, open timber piles 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 LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that arc 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 inclua~ng 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", 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 maximin 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 followin~ places: online website (southoldmwn.northfork.net), the Board of Trustees OffiCe, local libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted ~ {check appropriate response): ~ / Town Board [-'] PI.ri.in. Dept. r-] Building l~pt. FI Board of~~ !mstees 1. Category of Town of Southold agency action (check appropriate response)' (a) Action undertaken directly, by Town agency (e.g. capital consm~don, planning activity, agency regulation, land transadon) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: JAN 1 0 20~3 Nature and extent of action: Remove remains o£existlng wood deck, 55' o£1ntilrhead and 20'return Construct 55' o£new bulkhead and 20'return in-place. Fill eroded area with clean trucked-in fie (appro~anately 50 cubIc yards). Regrade area. Reconstruct (replace) e~ting wood deck, In-place. Remove ren~tqs 01'existingjetty and construct new 36' Iow profile jetty in-place. Location of action: $00 RABBIT LANE, EAST MARION Site acreage: 0.11 ACRES Present land use: SINGLE FAMILY RESIDENCE Present zoning classification: R-40 RESIDENTIAL LOW DENSITY AA 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: Kathryn Gray Melhuiah, Mary Payne, George and Wimam Gray (b) Mailing address: c/o Kathrvn Gray Melhuish, 1312 Sussex Place, Norfolk,VA 23508 (c) Telephone number: Area Code ( )gra.yusnr@aol.com (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, NYSDOS, ACOE 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 The existing bulkhead on this property has £ailed. We are proposing to rep/ace the storm damaged bulkhead, return andjet(y in-place, Our proposal will not have any effect on the communi(y character or preservation of open space. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southoid. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [--] Yes [-'-] No ~ Not Applicable This properly has no significant historic resources. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. Sec LWRP Section IH - Policies Pages 6 through 7 for evaluation criteria ['~ Yes ~ No ~ Not Applicable The current condition of this bulkhead ts unstable and threatening the integrity of the upland property. A new bulkhead is attempt of the upland property owner to maintain their property. The visual quality and scenic resources will be restored to when the property was stable. Attach additional sheets ii' necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. Sec LWRP Section I11 - Policies Pages 8 through 16 for evaluation criteria ~ Yes [--] No ~ Not Applicable The existing bulkheadis needed to protect the uplandproperty. The new bulkhead will control further erosion and maintain the integrity o£this property. Our proposal will not increase flooding or erosion in the surrounding area. 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 proposal will not have any impact on the water quality or supply of the Town of Southoid. 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 This proposal will not have any impact on the Town of Southold's ecosystem. The majori(y of the work wiIl be landward of the high water mark and ail construction debHs will be contained. 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 This proposal will not have any impact on the air quall(y of the Town o£Southold. 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 IH - Policies; Pages 34 through 38 for evaluation criteria. ~-~Yes ~ No ~ Not Applicable This proposal will not degrade the environment with solid waste or haeardous substances. 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. F--] Ye~ No~'] Not Applicable Our proposzl will not limit the public's abili(y to access coastal waters, public lands or public resources of the Town of Southold. Ail structures will be in-Mud, io-place construction. 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. mYes W1 No Not Applicable Our proposal is to reconstruct a tailing bulkhead, return andjettyo The present condition o£ the bulkhead is poor due to the damage caused by Har~cane Sandy. This property is used by the owners to engage in water dependent activities such us fishing and swimming. These activities will continue at this site once the area is stabilized. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. Sec LWRP Section III - Policies; Pages 57 through 62 for evaluatiou criteria. The majority o£ the work will be l~ndward o£ the high water mark and there should be no significant effects on the living marine resources. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southoid. See LWRP Section III - Policies; Pages 62 through 65 for evalualiou criteria. ~-]Yes ~-] No~'] Not Applicable This proposal will have no impact on the agricultural lands in the Town o£Southold. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. Sec LWRP Section 11I - Policies; Pages 65 through 68 for evaluation criteria. ~ Yes ~'] No ~-~ Not Applicable This proposal has no influence on the development of energy or minerM resources. Created on 5/25/05 ll:20AM I I //// ,'-,/*re./ t $~r 7 ,~s 7