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Home My WebLink About1000-38.-6-12 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 L 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 18, 2013 Re: Proposed Wetland Permit for PETER & MARISA PATINELLA SCTM#1000-38-6-12 The proposed actions are located within the Coastal Erosion Hazard Area. En-Consultants on behalf of PETER & MARISA PATINELLA requests a Wetland Permit and a Coastal Erosion Permit to construct approximately 74 linear feet of vinyl bulkhead and +/-13' vinyl return in place of (and +/-12 inches higher than) existing storm damaged (Hurricane Sandy) timber bulkhead and return to be removed; reconstruct storm damaged +/-5'x9' deck and +/-5'x9' stairs; construct +/-6'x6' deck in place of storm destroyed 4.5' wide deck; construct 4'x8' steps to beach; and re-nourish storm eroded area landward of bulkhead with approximately 150 cubic yards of clean sandy fill to be re- vegetated with native vegetation. Located: 440 South Lane, East Marion. SCTM# 38-6-12 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 construct approximately 74 linear feet of vinyl bulkhead and +1-'13' vinyl return in place of (and +1-'12 inches higher than) existing storm damaged (Hurricane Sandy) timber bulkhead and return to be removed; construct 4'x8' steps to beach; and re-nourish storm eroded area landward of bulkhead with approximately '160 cubic yards of clean sandy fill to be re-vegetated with native vegetation is CONSISTENT with the LWRP Further, it is my recommendation that the proposed actions to reconstruct storm damaged +/-5'x9' deck and +1-5'x9' stairs; construct +1-6'x6' deck in place of storm destroyed 4.5' wide deck are INCONSISTENT with LWRP Policy 6.3 (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 a Southold Town Trustee Regulations a Chapter 275 Wetlands and Shorelines permit and Chapter 111 Coastal Erosion Hazard Areas permit. 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 Ae 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. 2. 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 "yesil'0r "no", then the proposed action will affect the achievement of the LWRP policy standards an~ Conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- supDortin~ facts. If an action cannot be certified as congistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the (southoldtown.northfork.net), the Board libraries and the Town Clerk's office. B. DESCRIPTION O~F SITE AND SCTM# 38 6 _ 12 PROJECT NAME line at the Town of Southold's website the Plannin all local The Application bas been sub~ Town Board FI Plan: Category (a) Action (b) Financial assistance, (c) Permit, approval, Nature and extent of action: Board__ n Board of Trustees [~ iponse): ~, (e.g. capital ~] agency regulation, land transaction) ~-] , certification: Construct approximately 74 linea place of (and +/-12" higher than) existing storm damaged (Hurricane Sandy) timber bulkhead and return to be removed; reconstruct storm damaged +/-5' x 9' deck and +/-5' x 9' stairs; construct +/-6' x 6' deck in place of storm destroyed 4.5' wide deck; construct 4' x 8' steps to beach; and renourish stoma eroded area landward of bulkhead with approximately 150 cubic yards of clean sandy fill to be revegetated with native vegetation, all as depicted on the project plan prepared by Eh-Consultants, dated December 21, 2012. Location of action: 440 South Lane, East Marion Site acreage: 0.329 acre 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: Peter & Maria Patinella (b) Mailing address: 45 Peale Road Manhasset, NY 11030 (c) Telephone number: Area Code516-365-2253 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? NYS DEC Hurricane Sandy Emergency General permit Yes [/'q No II If yes, which state or federal agency? us ^CE Nationwide General Permit #3 C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide aH 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 Southoid. 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 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 Thc project seeks to replace an existing timber bulkhead damaged during Hurricane Sandy with a vinyl bulkhead in thc same location approximately 12" higher to provide a reasonable increase in protection for the upland property and existing residence against erosion and flooding caused by storm surge. The existing, developed site has been improved with and supported and protected fi-om flooding and erosion by a bulkhead since prior to 1977, 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. Therefore the project is consistent with Policy 4. 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 X Yes No Not Applicable 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 benefit of replacing a treated timber bulkhead with untreated vinyl sheathing, the project will effectively maintain the historically preexisting conditions along this bulkheaded shoreline without any change in or significant adverse impact on the adjacent unvegetated wetland area or tidal waters of the Town. Therefore, to the extent Policy 6 is applicable to the project, the proposed work is consistent with the policy. 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. 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 ~ NoN 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 II1 - 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 Peeouie Estnary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evalnation criteria. ~] Yes ~] No [5~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultnral lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. __l Yes [--] No [5~ 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 [5~ Not Applicable PREPARED BY RoberfE. Hemnann TITLEcoastalManagement Specialist DATE 12/26/12 Amended on 8/1/05 ,/ 2 8 PRCP ACJ ~LK~D OtWENT HAN~OR E N- 13'i9 NOr..ir'l SEA ~,D. $OUT~F, qFi'ON, NY t 1968 631-283-6360 PROPOCO Rf!!Pl.~l~i~l,,rr ~ 5fORM PAMAQl~P BLLKt~AP FOR ~1"¢R RIP /V~IqSA PAflNI%UA ON ORIBN'I' HARBOR, P.,~T/V~ION. ~PPOtK COUN1~, NY f$1BP, f I OP 2 12/:21/12 5UCTION TklRLJ I~Pi. AC~ BIX. KHUA~2 RUPL-ACE~UNT E ti- COi~$dLTMfl$ 1319 NORFH SEA ED, ,~u~, Hx,V]?TuN, NY 11968 ~OPOS~P I~PI,.ACI~NT OF: STORM M/~I.SA PATII',IIf. LI.A ON ORIBNT EAST MAI~ION, SLIt;FOrK COLINI'Y, NY .Sh~lf..flOf 2 12/21/12 SURVEY OF PROPERTY $ITUATE EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-58-06-12 SCALE 1 "=20' DECEMBER 5, 2012 AREA = 14,525 sq. ff. (TO TIE LINE) 0..329 ac. NOTES: 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 EXISTING ELEVATIONS ARE SHOWN THUS:~-~ RFL, - FIRST FLOOR DATUM DEC 2 8 20]2 '%,. N,Y.S, Lic, No. 50467 Nathan Taft Corw,n III Land Surveyor Successor To: Stanley J, Isoksen. Jr. L.S. Joseph 4_ Ingegno LS. PHONE (651)727-2090 Fax (631)727-1727