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Home My WebLink About1000-118.-4-5 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 22, 2013 Re: Proposed Wetland Permit for TIMOTHY & MICHELLE McMANUS SCTM#1000-118-4-5 En-Consultants on behalf of TIMOTHY & MICHELLE McMANUS requests a Wetland Permit to construct approximately 100 linear feet of vinyl bulkhead partially in the same location as, partially landward of (to align with adjacent bulkhead to north also being replaced), and approximately 12 inches higher than existing storm damaged (Hurricane Sandy) timber bulkhead to be removed; construct 12'- 14' northerly return as needed; construct approximately 117 linear feet of timber retaining wall landward of bulkhead; reconstruct previously existing variable width deck, 4' wide landing and stairway down embankment, and 3' wide steps to beach; and backflll/renourish storm eroded area landward of bulkhead with approximately 250 cubic yards of clean fill to be planted with native vegetation. Located: 7725 Nassau Point Road, Cutchogue. SCTM# 118-4-5 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 the proposed actions construct approximately 100 linear feet of vinyl bulkhead partially in the same location as, partially landward of (to align with adjacent bulkhead to north also being replaced), and approximately 12 inches higher than existing storm damaged (Hurricane Sandy) timber bulkhead to be removed; construct 12'-14' northerly return as needed; construct approximately 1t7 linear feet of timber retaining wall landward of bulkhead and backfllllrenourish storm eroded area landward of bulkhead with approximately 250 cubic yards of clean fill to be planted with native vegetation are CONSISTENT with the LWRP. The proposal to reconstruct previously existing variable width deck, 4' wide landing and stairway down embankment, and 3' wide steps to beach 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 Southold Board Trustees regulations and 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: Lori Hulse, Assistant Town Attorney Town of Southold A. INSTRUCTIONS 1, LWRP CONSISTENCY ASSESSMENT FORM 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 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" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, iistin~ both suooorting and non- suooorting facts. 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 ( libraries and the Town B. DESCRIPTION OF SCTM# n8 4 .5 PROJECT NAME Timothy & Michelle The Application has been Town Board ~ Planning Category (a) Action undertaken C construction. (b) F (c) Permit, a Nature and extent of action: in the following places: online at the Town of Southold's website the Board of Trustees Office, the Pla ~:~g ~t~:pa~ctn~_nt, alllo~ol ~ ~: ~,'~ V- ' '~q "i::::7~ PROPOSED ACTION to (check appropriate response): Building Dept. of Trustees agencyacti°n(chec9 resp°ns '2 \ / · a ltal ~regula~ l~d ~ctl~) ~v~ subsidy) Construct approximately 100 linear feet of vinyl bulkhead-partially in the same location as, lyatlially landward of (to align with adjacent bulkhead to north also being replaced), and approximately 12 inches higher than-existing storm chunaged OtunScane Sandy) timber bulkhead to be removed; construct 12' - 14' northerly return as needed; construct approximately 117 linear feet of timber retaining wall landward of bulkhead; reconstruct previously existing variable width deck, 4' wide landing and stairway down embankment, and 3' wide steps to beach; and baeldill/renourish storm eroded area landward of bulkhead with approximately 250 cubic yards of clean fill to be planted with native vegetation, all as depicted on the project plan prepared by Eh-Consultants, dated December 15, 2012. Location of action: 7725 Nassau Point Road, Cutchogue Site acreage: 39,131 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: Timothy & Michelle McManus (b) Mailing address: 54 Sutton Place Rockville Centre, NY 11570 (c) Telephone number: Area Code 212-326-9568 (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 ~ No I 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 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. ~Ycs ~ 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 1H - 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 approximately 12" higher and construct 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 existing, 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 extent that the existing treated timber bulkhead will be replaced with a bulkhead cons~a'ucted 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 bulk.headed 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 Southoid. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~ Yes N No ~ 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 N 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 ~ No ~ 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 stmctare 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 III - 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 Peeonie 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 lauds in the Town of Soutbold. See LWRP Section III - Policies; Pages 62 throngh 65 for evaloation 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 Ill - Policies; Pages 65 through 68 for evaluation criteria. [~] Yes [~] No [~ Not Applicable PREPARED BY rt E.~e~ann Robe _ TITLEcoastal Management Specialist DATE 12/18/12 Amended on 8/1/05 LITTLE P£CONIC BAY BULKHEAD TO BE REMOVED +3' WIDE STEPS TO BE REPLACED PROPOSED ADJ BULKHEAD (SEPARATE APPLICATION 12' (ANO ~12" HIGHER THAN) EX STORM DAMAGED (HURRICANE SANDY) T~MBER BULKHEAD EXISTING +4' WIDE AND STAIRWAY -APPROX. LIMIT OF STORM ERODED AREA TO BE RENOURISHED 1"= 50' NASSAU POINT ROAD DEC 2 0 2012 EN-CONSULTANTS 1319 NORTH SEA RD. SOUTHAMPTON, NX 11968 631-283-6360 PROPO¢I~P I~PIJCI~MI~Nf Ot¢ 5,'rORM PAM~:~P I~LI..r,J.f./~ FOR 11MO11-lY RiP MlOrl!bb~ MCN~NLD ON blffl.~ ~C:ONIC I~AY, CLIfCH06~, ¢ticFObK ¢~, NY 5t'¢!~f I OF 2 12/I.¢/12 DEC 2 0 2012 SBCllON A-A: THRU PROPOFU~ PLt~BAP RBFL/~BMBNT e': * 12' PIL~5 (6" OC,; 8" L^YCO~ bANDWAE~2 ~ APPROX. 12" THAN ~X flM[~R EN-CONSULTANTS 1319 NORTH SEA RD. SOUTHAMPTON, NZ 11968 631-283-6360 NASSAU SURVEY OF LOT 59 AMENDED MAP A OF POINT CLUB PROPERTIES FILV No. 156 FILED AUGUST 16, 1922 SITUATE MARCH NASSAU POINT TOWN OF $OUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-118-04-05 SCALE 1 "=20' 27, 2012 , INC. AREA = 59,151 sq, ff. (TO BULKHEAD) 0.898 oc. ALICE EVANS QUINN LOT 5~ ;589. X~ 82'00'00" E DATUM ZONE X: ~ 1. ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 ~ o EXISTING ELEVATIONS ARE SHOWN THUS:sX) 8' EXISTING CONTOUR LINES ARE SHOWN THUS: F. FL. - FIRST FLOOR G, FL, - GARAGE FLOOR T.B. - TOP OF BULKHEAD CLEAR AT¢¢ ~mWm --'O~OM OF W'LB 2. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. 36103C0502 H ZONE VE: COASTAL FLOOD WITH VELOCITY HAZARD (WAVE ACTION); BASE FLOOD ELEVATIONS DETERMINED AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE 15 FLOODPLAIN. THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED, I I / / / / Nathan Taft Corwin III Land Surveyor Fax (631)727-1727 3~-01[