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Home My WebLink About1000-118.-4-4 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 22, 2013 Re: Proposed Wetland Permit for MMC REALTY 2 FAMILY LIMITED PARTNERSHIP SCTM#1000-118-4-4 En-Consultants on behalf of MMC REALTY 2 FAMILY LIMITED PARTNERSHIP requests a Wetland Permit to construct approximately 100 linear feet of vinyl bulkhead in-place of (and +/-12" higher than) storm damaged timber bulkhead with 12'-14' returns; construct +/-100' timber retaining wall landward of bulkhead; reconstruct previously existing 10'x20' deck; reconstruct 3' wide steps down embankment with 3' wide landing at top and 4' wide landing and steps at bottom; construct 3' steps to beach; and backfill/re-nourish storm eroded area landward of bulkhead with approximately 250 cubic yards clean fill to be planted with native vegetation. Located: 7625 Nassau Point Road, Cutchogue. SCTM# 118-4-4 The proposed action has been reviewed to Chapter 268, Water[rent 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 proposed action to reconstruct 3' wide steps down embankment with 3' wide landing at top and 4' wide landing and steps at bottom is EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "B" which states: B. Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site (inplace), including upgrading buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard Area (CEHA) law where structures may not be replaced, rehabilitated or reconstructed without a permit and shoreline erosion control structures (including, but not limited to, groins, jetties, bulkheads, filled piers) located within Great Peconic Bay, Cutchogue Harbor, Little Peconic Bay, Hog Neck Bay, Noyack Bay, Southold Bay, Shelter Island Sound, Pipes Cove, Orient Harbor, Gardiners Bay, Long Island Sound, Fishers Island Sound and Block Island Sound (excluding all creeks); The proposed action is not located within the CEHA. $crnlin: The Board issued a permit to repair the stairs in 2004. The proposal to construct approximately t00 linear feet of vinyl bulkhead in-place of (and +1-12" higher than) storm damaged timber bulkhead with 12'-t4' returns; construct +1-100' timber retaining wall landward of bulkhead and backfill/re-nourish storm eroded area landward of bulkhead with approximately 250 cubic yards clean fill to be planted with native vegetation are CONSISTENT with the LWRP. Further, it is my recommendation that the proposed actions to reconstruct previously existing 10'x20' deck is 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 Southold Board Trustees regulations or a Chapter 275 Wetlands and Shorelines 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: Lod Hulse, Assistant Town Attorney Town of Soutbold A. LWRP CONSISTENCY ASSESSMENT FORM 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 Waterfront Consistency Review Law. This assessment is intended to supplement other information used ~outhold agency in making a determination of consistency. *Except minor exempt including Building Permits and other ministerial Hazard Area. Before answering the questions in Section C, the minor action list, policies and explanations of each Waterfront Revitalization Program. A proposed beneficial and adverse effects upon the coastal area form should review the exempt of Southold Local beas to its significant of 5 If any question in Section C on this form is affect the achievement of the LWRP policy review law. Thus, each answer must supporting facts. If an action cannot be conditions, it shall not be undertaken. and or "no", theproposed action will the consistency both su and non- LWRPpolicy standards and Be SCTM# A copy of the LWRP is available in the f (southoldtown.northfork.net), the Board libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPO~ 118 4 - 4 PROJECT NAME MMC Realty 2 Family Limited The Application has been Town Board [--] Plannin Category of Town Dept. [--] (a) town agency (e.g. construction, planning ~ (b) Financial assistance (e. (c) Permit, Nature and extent of action: website 11 8 20112 Consh'uct appgoxflnately 100 linear feet of vinyl bulkhead in ~2:'~;~'. ..... / ~Lo~u ..~.~..~.~-~ i "~l~ulkhead with 12' - 14' returns; construct +/-100' timber I~ainlng wall landw~'~f bullrhead; l'~A~nnhn~e.t pr~ouslv exi~tln,, l o' x 90' ~.~. reconstruct 3' wide steps down embankment with 3' wide landing at top and 4r~-de landing and steps at bottom; construct 3' steps to beach; and baclcfill/x~.nourish storm eroded area landward of bulkhead with approxinmtely 250 cubic yards clean fill to be planted with native vegetation, all as depicted on the project plan prepared by En-Consultants, dated Deeembar 11, 2012. Location of action: 7625 Nassau Point Road, Cutchogue Site acreage:. 40,098 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: MMC Realty 2 Family L/mitad Partnemhip (b) Mailing address: c/o Michael & Mary Ellen Cirrito, 135 Meadowbrook Road Garden City, NY 11530 (c) Telephone number: Area Code 516-902-3774 (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 I/NJ No [ I If yes, which state or federal agency? us ACE Nationwide General Permit C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide ali 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 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 III - 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 and consUuct a secondary retaining wall to provide a reasonable increase in protection for the upland property and existing residence against erosion and flooding caused by storm surge. The exisling, developed site has been improved with and supported and protected from 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 ~ No ~ Not Applicable The project is consistent with Policy 5 to the extant 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 necessaxy 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 ~ NoN 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 water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. [--] Yes ~] No [~ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of liviug 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 [~ 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 [~ 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 PREPARED BY ~ Robe TlTLEcoastal Management Specialist DATE 12/13/12 Amended on 8/1/05 N 118 LITTLE PECONIC BAY NASSAU POINT ROAD !012 EN-CONSULTANTS 1319 NORTH SEA RD. SOUTHAMPTON, N.Y. 11968 631-283-6360 FOE MM(; I~,N.'IY fiLIcfOl,.K COUNIY, NY ~CTION THRU FRQPO~I~ IPLtKt~AI~ I~-PLACUM~NT D,, ,f,. (2) 5T01~ 12A~:~l~ ql~l~ ~f,P~ VIN~ 5PI~AI'~N6 DEC ' 8 2012 EN-CONSULTANTS 13i9 NORTH SEA RD. SOUTHAMPTON, N.E 11968 631-283-6360 SURVE"r' OF LOT ,58 AMENDED MAP A OF NASSAU POINT FILED AUC_~t~T 16, 1~122 FILE No. 15~ SITUATE: NASSAU POINT TOP, N: 50UTHOLP 5UPFOLK C.,OUNT'r', N'Y A~D 0'5 - 2~/ - O;~ SUFFOLK COUNTY TAX IOOO-I1¢-4-4 N E NOTES: · NIONL. IN~NT FOUND TOPO LINE5 P~FEtP-,ENC, E N®VO'2q DATUNI FLOOD ZONE5 t~EFEP-.ENE.,E FIRF4 HAP No. ~(210~00502 ® DA'CED HAT ,~, Iqq8 AREA = 4OX:)q¢ sf or O.q2 acres ®RAPHIC SCALE I"= JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.-C:\UserskJohnkDropbox\03\03\03-163.pro