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Home My WebLink About1000-31.-18-20.1 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 for JOSEPH & JOANNA CHERNUSHKA SCTM#1000-31-18-20.1 Costello Marine Contracting Corp. on behalf of JOSEPH & JOANNA CHERNUSHKA request a Wetland Permit and a Coastal Erosion Permit to remove remains of existing wood deck, stairway to beach and 42' of bulkhead; construct 42' of new bulkhead in-place and new 50' west bulkhead return; fill eroded area with clean trucked in fill (approximately 25 cubic yards); re-grade area; reconstruct (replace) existing wood deck and stairway to beach in-place. Located: 640 Rabbit Lane, East Madon. SCTM# 31-18-20.1 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 to remove remains of existing wood deck, stairway to beach and 42' of bulkhead; construct 42' of new bulkhead in- place and new 50' west bulkhead return; fill eroded area with clean trucked in fill (approximately 25 cubic yards); re-grade area and stairway to beach in-place is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Board ~ SouthOld To~n Trustees $OUTHOUD, NEW YORK DATE: Figure 1. Existing permit. Note that a permit for the deck was issued in 1993, however, it is unknown the dimensions of the permitted structure (no map is in lasertfiche). 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 fo/lowing 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. § '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 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. Joseph & Joanna Chernusldm 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 Waterfi'ont 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 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). 3. 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 consistenc~'G'ew law. Thus, the action should be analyzed in more detail and, if necessary, modified p~ to making a determination that it is consistent to the maximum extent practicable wi .~.e _L.W_._RI~_ policy standards and conditions. If an action cannot be certified as consistent.9~th the LWRP policy standards and conditions, it shall not be undertak~n~ · A copy of the LWRP is available in the followiiigpIac~s: online a~t~b' T$wn pf Southold's website (southoldtown.northfork.net), the Board'arcl, r0f Trustees Qf0de~tbe planning Depattntent, all local libraries and the Town Clerk' s office, i: i.i : ~// ~u~_ . DESCRIPTION OF SITE AND PROPOSED ACTION / B. ~ !~ ~: 31 18 20.1 SCTM# The Application has been submitted to (check a~propriate respond): TownBoard ['~ Planning Dept. ~] Buildi~Dept. ~;'' BoardofTrustees [~-] , ¢o 1. Category of Town of Southold agency action (check ap priate response): (a) Action undertaken directly by Town agenc~\.(e/~, 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: Remove remains of existing wood deck, stairway to beach and 42' o£bulkhead. Construct 42' o£new bulkhead in-place and new 50' west bulkhead return. Fill eroded area ~ith dean trucked-in [iii (approximately 25 cubic yards). Regrade area. Reconstruct (replace) existing wood deck and stairway to beach in place. Location of action: 640 RABBIT LANE, EAST MARION Site acreage: 0.108 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:JOSEPH & JOANNA CHERNUSHKA (b) Mailing address: 845 BAY AVENUE, EAST MARION, NY 11939 (c) Telephone number: Area Code ( ).631.477.8581 (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 Ill - Policies; Page 2 for evaluation criteria. ~Yes ~-~ No [---] Not Applicable The existing bullhead on this property has failed. We ~re proposing to replace the storm damaged bulkhead in-place ~4th the addition ora 50'returo. Our proposal ~ill not have any effect on the community character or preservation of open space. Au. acH aO~lltlonal sheets U necessary 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 This property 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 III - Policies Pages 6 through 7 for evaluation criteria ~ Yes ~ No [~ Not Applicable The current conditions of this bulkhead is unstable and threatening the integriq~ of the upland proper(y. A new bulkhead is attempt of the upland properO~ owner to maintain their property. The visual quali(y and scenic resources wig be restored to when the property was stable. 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 existing bulkhead is needed to protect the upland proper(y. The new bulkhead will control further erosion and maintain the integriO' of this property. Our proposal will not increase flooding or erosion in this 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 quail(y or supply of the Town of Southold. Attach additional sheets it' 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 o£Southold's ecosystem. Ail work will take place landward o£the high water line and ail construction debris will be contained. Attach additional sheets if necessary PoHcy 7. Protect and improve air quality in the Town of Southoid. 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 quality o£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. Sec 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 hazardous 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. Our proposal will not limit the public's ability to access coastal waters, public lands or public resources of the Town of $outhold. The proposed bulkhead will be in-Mud, in-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. [~Yes ~ No ~ Not Applicable Our proposM is to reconstruct a [tiling bulkhead. The present condition of the bulkhead is poor due to the damage caused by Hurriczne Sandy. This property is used by the o~vners to engage in water dependent activities such as fishing and swimming. These activities will continue at this site once the area is stabiIized. 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 III - Policies; Pages 57 through 62 for evaluation criteria. ~Yes [--] No~-] Not Applicable Ail work will be l~mdward of the high water mark ~md there should be no signifxcant effects on the living marine resources. 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 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. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ~-~ Yes [-~ No ~'] Not Applicable This proposal has no influence on the development of energy or mineral resources. Created on 5/25/05 11:20 AM MIc:c~: _~¢7'M./000 ,E,/-/c5.2o./ // // /// // // / SURVEY OF PROPERTY $ITUA TED .4 T EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-,31-18-20.1 ~0~ SCALE 1"=10' j~J ,, ..4 ~'- APRIL 5, 2000 · ~- ~ AREA = 4,691 sq. ff. ' (TO TiE UNE) 0.108 ac. N.Y,$. L~c. No. 50467 Nathan Taft Corwln III Land Surveyor PHON~ (631)727-2090 Fax (631)727-1727 CERTIFIED TO: JOSEPH CHERNUSHKA JOANNA CHERNUSHKA THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, NOTES: 1. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. 36103C0177 G ZONE AE (El_ 9): BASE FLOOD ELEVATIONS DETERMINED ZONE VE (EL 11): COASTAL FLOOD WITH VELOCITY HAZARD (WAVE ACTION); BASE FLOOD ELEVATIONS DETERMINED 2. ELEVATIONS SHOWN ARE so REFERENCED TO N.G.V.D. 1929 DATUM