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HomeMy WebLinkAbout1000-119.-1-4 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. 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 22, 2013 Re: Proposed Wetland Permit for ELIZABETH SPERES SCTM# 1000-119-1-4 Suffolk Environmental Consulting, inc. on behalf of ELIZABETH SPERES requests a Wetland Permit to reconstruct the existing lower bulkhead (100.0' L +), construct three (3) returns (12.0' L each +), and reconstruct the upper retaining wall (100.0' L +), all with vinyl sheathing; reconstruct the existing lower steps (60.0 sq.ft. :1:), wood deck (350 sq.ft. +), deposit clean fill obtained from an upland source in order to replace lands lost along the shoreline and landward of the original bulkheading (500.0 cubic yards ±); and install a splash pad (1,200.0 sq.ft. +) between the upper and lower walls. Located: 9675 Nassau Point Road, Cutchogue. SCTM~ 119-1-4 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, it is my recommendation that the proposed actions to reconstruct the existing lower bulkhead (t00.0' L +), construct three (3) returns ('12.0' L each ±),, all with vinyl sheathing and deposit clean fill obtained from an upland source in order to replace lands lost along the shoreline and landward of the original bulkheading (500.0 cubic yards +); and reconstruct the existing lower steps (60.0 sq.ft. +),) are 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 structures are not located within the CEHA. Board Of ~outhold To~ Trustee~ ~DUTI-tO~ NEW YORK ~ "R~U~TI~ A~ ~E ~ ~ O~UCTIO~ · ~ A~ ON ~ WA~RS ~D ~ ~DS ~ ~ RE~OVAL ~ ~N~ ~V~ OR ~R MA~S L~DS UN~R TOWN WA~'* end ~ ~ ~ ~e ~d ~ ~ ~c~ed ~ ~ ~ ~r~. Rep,~e 3~ wide Pele~ Wenc~l ~RI) OF TOWN TOWN OF SOUTHOLD Janual~ 28, 1993 The construction of a splash pad (1,200.0 sq.ft. ±) between the upper and lower walls is CONSISTENT with the LWRP. Further, it is my recommendation that the proposed actions to reconstruct the upper retaining wall (100.0' L), wood deck (350 sq.ft. +) upper steps (350 sq.ft. +), and a portion of the existing concrete walk towards the shoreline (t00 sq.ft. _+); 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 Chapter 275 Wetlands and Shorelines permit. Note that the wood deck (350 sq.ft. ±) does not conform to the permit issued. 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 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", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# 119 01 004 The Application has been submitted to (check appropriate response): A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Plannin~ Djet~fi~'~(,'~i i~a~] i libraries and the Town Clerk's office. '.[ ii,_~ ~'~ .L:= DESCRIPTION OF SITE AND PROPOSED ACTION ! ' I', DEC -'3 2012 Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] 1. Category of Town of Southold agency action (check appropriate response): (a) (b) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) [] dA?lO Financial assistance (e.g. grant, loan, subsidy) [] (c) Permit, approval, license, certification: Nature and extent of action: Applicant proposes to reconstruct the existing Lower Bulkhead (100.0' L +), construct three (3) Returns (12.0' t each _+), and reconstruct the Upper Retaining Wall (100.0' L +), all with Vinyl-Sheathing; applicant proposes to reconstruct the existing Lower Steps (60.0 sq. ft. +), Wood Deck (350 sq. ft. +), Upper Steps (350 sq. ft. _+) and a portion of the existing Concrete Walk towards the shoreline (100 sq. ft. ±). Additionally, applicant proposes to deposit Clean Fill obtained from an upland source in order to replace lands lost along the shoreline and landward of the original bulkheading (500.0 cubic yards +). Finally, applicant proposes to install a Splash Pad (1,200.0 sq. ft. +} between the Upper and Lower Walls. Attach additional sheets if necessary Location of action: Site acreage: 9675 Nassau Point Road~ Cutcho~'ue, NY. 11935 1.3 + Present land use: Single Family Residential 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: ELIZABETH SPERES (b) Mailing address: 9525 Nassau Point Road~ Cutchogue, NY~ 11935 (c) Telephone number: Ama Code ( 516 ) 741 - 5358 (d) Application number, if any: N/A 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? 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 As indicated within Policy 1. "Development that does not reinforce the traditional land use pattern o[ the Town of Southold would result in o loss of the community and landscape character of Southold.', this nroiect proposes to replace existino the existino timber bulkhead with a vinyl bulkhead. The proposal, as designed, will not result in adverse effects to the surrounding environment in that the project will not increase the structural coverage of the property, and will not encroach any further towards the surface waters of Little Peconic Bay along the eastern shoreline. In addition, this bulkhead has existed harmoniously within this location for decades which has not resulted in any form of adverse impact to the surrounding environment. Accordingly. we believe that this project is consistent with this policy. 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 Subject proposal is not applicable to this policy in that it will have no impact to any potential historic and/or archaeological resources within the surrounding area. 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 5 through 7 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal will not adversely impact the visual quality of the surrounding area in that the surrounding area is currently comprised residential properties improved with similar appurtenances (i.e. bulkheads). Scenic resources, assumedly views of Little Peconic Bay, are not at risk due to the reconstructed dock assembly and bulkheading being typical of the character of this section of waterfront. Accordingly, this proposal will comply with Policy 3. 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 Subject proposal will fully comply with Policy 4 in that the reconstructed bulkheading is designed to be comparable in design and scope as that of the surrounding bulkheading, which have not resulted in loss of life, structures, and natural resources within this area. Accordinql¥, this proposal will comply 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 Appllcable Subject proposal is not applicable to this policy in that it will have no effect to the water quality/supply within the surrounding area. 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 Subject proposal will maintain the quality of the surrounding ecosystem in that these structures have existed herein for many years harmoniously within the immediate environment, which are structures typical within this area which themselves have not resulted in significant effects to the surrounding ecosystem. Accordingly, this proposal will comply with Policy 6. 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 [] No [] Not Applicable Subject proposal is not applicable in that the proposal is simply to reconstruct the existing shoreline I~rotection (i.e., bulkheading) and reconstruct decking and stairways which will not result in any form of adverse effects to air c~uality. Accordingly, this proposal is not applicable with this policy. 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 Sub_iect oroposal is not applicable in that the proposal does not involve disposal and/or transportation of solid waste, hazardous waste, toxic pollutants, petroleum products. Attach additional sheets if necessary 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 Subiect I~roposal is not applicable to this policy in that the proposal is attendant to a sin(lie family dwelling. Reclardless, this project will not impede any access to the surface waters in and around subject property and/or become detrimental to the recreational use of the surrounding resources. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable Subject ~roperty is a private residence in an R-40 Zone. and thus is exempt from this policy. 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 Subject proposal is not applicable in that the proposal does not involve any form of marine resource management (i.e. commercial fisheries, recreational fisheries, aquaculture, etc...). 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 Subject proposal is not applicable in that the proposal does not involve agricultural lands (i.e. the conversion of farmland, the establishment and/or maintenance of new coastal agricultural production, etc...) 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 Subject proposal is not applicable in that the proposal does not involve the conservation of energy resources on a commercial level and/or the promotion of alternative energy sources, proper maintenance of fuel storage facilities and/or the extraction of mineral extraction Attach additional sheets if necessary Created on 5/25/05 l l.'20 AM N PLAN VIEW ':~: :'":: SHEET NO: II ~ '; cZ,- ,~ ,,,.~ o.- ~X~OtL¢.: "" ' GENERAL NOT[S n, I UPPER RETAINING WALL "''~ ~' Iovember 18, 2012 SCALE: 114' = 1'*0' SHEET NO: ,/ SPERES Property Situate: 9675 Nassau Point Road; Cutchogue, New York SCTM #: 1000 - 119 -- 01 - 00~ LETZE PECONIC BAY LOWER BULKHEAD (to be reconstructed) 1OO.O' L _+ ~ PROPOSED SPLASH PAD · 4" - 8" stones placed on filter cloth, thick, between lower and upper wall · (1,e00.0 sq. ft. _+) PROPOSED RETURN UPPER RETAINING WALL (to be reconstructed) 10o.0' L _+ PROPOSED MID-RETURN 0-2" L) LOT 76 LOT 77 N,s u LOWER STEPS reconstrwcted) 60 sq. ft. _+ WOOD DECK (to be reconstructed) 550 sq. ft. 2: PROPOSED RETURN ([2"t) UPPER STEPS (to be reconstructed) 15 sq. ft. 2: CONCRETE WALK (easterly termimts to be repaired) lOO sq. ft. _+ DEC 3 2012 PROJECT DESCRIPTION: Applicant proposes to reconstruct the existing Lower Bulkhead (100.0' L +), construct three (3) Returns (12.0' L each +), and reconstruct the Upper Retaining Wall (100.0' L _+), all with Vinyl- Sheathing; applicant proposes to reconstruct the existing Lower Steps (60.0 sq. ft. +-), Wood Deck (350 sq. ft. +), Upper Steps (350 sq. ft. _+) and a portion of the existing Concrete Walk towards the shoreline (100 sq. ft. _+). Additionally, applicant proposes to deposit Clean Fill obtained from an upland source in order to replace lands lost along the shoreline and landward of the original bulkheading (500.0 cubic yards +). Finally, applicant proposes to install a Splash Pad (:1,200.0 sq. ft. +) between the Upper and Lower Walls. Date: Scale: November $0, ~01~ 1.o' = 50.0' 2: Drawn by: mdi Notes: Adapted from the Survey of subject property as prepared by Stanley d. Isaksen Jr. SUFFOLK ENVIRONMENTAL CONSULTING, INC. P.O. Box ~005 · Bridgehampton · Ne~v York (6s~) 5s7 - 516o (office) (63l) 557 - 5~91 (facsimile)