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Home My WebLink About1000-38.-6-14 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 18, 2013 Re: Proposed Wetland Permit for EDWARD & RACHEL FLANNIGAN SCTM#1000-38-6-14 The proposed actions are located within the Coastal Erosion Hazard Area. En-Consultants on behalf of EDWARD & RACHEL FLANNIGAN requests a Wetland Permit and a Coastal Erosion Permit to construct approximately 68 linear feet of vinyl bulkhead and +/-10' vinyl return in place of (and 12 inches higher than) existing storm damaged (Hurricane Sandy) timber bulkhead and retum to be removed; remove and replace (as needed) +/-6'x9' wood deck and +/-3'x8' stairs; reconstruct storm damaged +/-4'x6' deck; construct 4'x8' steps to beach; and re-nourish storm eroded area landward of bulkhead with approximately 25 cubic yards of clean sandy fill to be re- vegetated with native vegetation. Located: 330 South Lane, East Marion. SCTM# 38-6-14 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of $outhold 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 68 linear feet of vinyl bulkhead and +1-10' vinyl return in place of (and '12 inches higher than) existing storm damaged (Hurricane Sandy) timber bulkhead and return to he removed and construct 4'x8' steps to beach; and re-nourish storm eroded area landward of bulkhead with approximately 25 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 remove and replace (as needed) +/- 6'x9' wood deck and +1-3'x8' stairs; reconstruct storm damaged +/-4'x6' 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 ali 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 Board regulations, 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 A. 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. 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 beneficial and adverse effects upon the coastal area (which includes all of Southold (southoldtown.northfork.net), the Board of Trustees Office libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 38 6 14 If any question in Section C on this form is answered "yes" or "no", then the action will affect the achievement of the LWRP policy standards and conditions contai~ in the consistency review law. Thus, each answer must be ex dained in detail, and non- supoortin~ facts. If an action cannot be certified as consistent with the policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online ~ Town of Southold's website g Department, all ~ D !8i2 PROJECT NAME Edward & Rachel Fla,~gan The Application has been ppropriate Town Board [~] Planning B~ Building Category of Town of Southold a (a) Action undertaken directly by 'I cap~ construction, planning activity, (b) Financial assistance (e.g. grant (c) Permit, approval, license, certification: Nature and extent of action. . Construct approximately 68 linear feet of vinyl bulkhead and +l- 10' vinyl return in~p ce of (and +/- 12" hi.~fl~d~ storm' damaged (Hurricane Sandy) timber b~nlrlc~l~raTma'~qtam to be removed; remove and re~lace (as neede~)~+/-6' x 9' w~o~ d.~ and +/-3 x 8' stairs; reconstruct storm damaged~:~4_' x 6' deck;)construct .4_' ~8' steps to b~ach; and renourish storm erorleo area landward of bulkhead with approximately 25 cubic yards of clean sandy fill to ~e reveg~tfited with native vegetation, all as depicted on the project plan prepared by En-Consultants, dated December 21, 2012. Location of action: 330 South Lane, East Marion Site acreage:. 0.344 acre Present land use: Residential, one-familydwelling 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: Edward & Rachel Flannigan (b) Mailing address: 22 Van Wyck Lane Huntington, NY 11743 (C) Telephone number: Area Code 631-2714070 (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 L/x4 No I I 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 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 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. VlYes V1 No Not Applicable 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 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 Ill - Policies Pages 8 through 16 for evaluation criteria ~ Yes [--] No ~] Not Applicable The project seeks to replace an existing timber bulkhead damaged during Hurricane Sandy with a vinyl bulkhead in the 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 Yes NoNot App,ieable The project is consistent with Policy 5 to the extent that the existing treated timber bulkhead wilt 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 unlreated 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. ~ Yes [-'-]NoR Not Applicable 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 wate. r-dependen.t uses and promote siting of new water-dependent statable locations. Sec LWRP Sectmn IH - Pohcies; Pages 47 through 56 for evaluation criteria. [---] Yes ~] No [~] Not Applicable uses in Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peeonic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [~ Yes ~] No [5~ 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 [~ No [5~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate nse 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 ~',.-,---~ ~ Robert ann TITLEcoastal Management Specialist DATE 12/26/12 Amended on 8/1/05 1" = 30' E N- CONSULTANTS 13] 9 NORTH SEA RD. SOUTt{AI, tPTON, NY 11968 631-283-6368 2 8 2Si2 \ AND 'F~PLACED (AS NEEOEO)~ EX STORM~ BE PROP ADJ BLKHD CONNECT TO PROP BLKI'O (SEE APPLICAIION BY MEYER) ONIF, NT ~ . HAN~90N PROP· 4' x 8' ST~PS IN PLACE PREVIOUSLY EXISTING STE?S PROP +68 L~ OF VINYL BUlKHEaD ~ H~GHER THAN) EX STORM DAMACEO / ~RRCANF SANDY) T~MBER BULKHEAD ~0 RETURN TO BE REMOVED AND WI~H VINYL RETURN SUCTION ~RL~ IN-Pl-ACU BLJ[~KHUAI? RUPL-ACU~NT E N- CONSULTANTS 1319 NORTH SEA RD. SOUTHAMPTON, NY 11968 631-283-6368 PI~OPOSeP I~.PL~BMF-Nf' OP 5TOP-~ PA/CC~P I~I~.r, Fe.AP POl~ I~PWAI~ ANI2 P--ACFgL PLANNIECN ON OIqUNI' BA.ST/VC~ION, 5LIFPObK COLINfY, NY 5t-IP.l~f 2 OP 2 1:2/21/12 ¢. x~ SURVEY OF PROPERTY SITUATE EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-,38-06-14 SCALE 1"=20' DECEMBER 5, 2012 AREA = 14,995 sq, fi, (TO TIE LINE) 0.344 ac, NOTES: 1. ELEVATIONS ARE REFERENCED TO N.O.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:.z~ DEC 2 8 2012 N.Y.S. Lic. No, 50467 Nathan Taft Corwln III Land Surveyor Successor To: Stonley J. Isoksen, Jr. L.S. Joseph A. Ingegno L.S. PHONE (651)727-2090 Fox (531)727-1727