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HomeMy WebLinkAbout1000-126.-5-3.1 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 JAMES ABBOTT SCTM#1000-126-5-3.1 En-Consultants on behalf of JAMES ABBOTT requests a Wetland Permit to construct approximately 96 linear feet of vinyl bulkhead in place of (and +/-12" higher than) existing storm damaged timber bulkhead; remove and replace (in-kind/in-place) approximately 91 linear feet of timber retaining wall; remove existing returns and construct (2) 24' vinyl returns along property lines; remove and replace or repair existing 10'x18' deck/gazebo and masonry stairs as necessary; construct 4'x8' steps t? beach; and backfill with approximately 100 cubic yards of clean sandy fill. Located: 8810 Great Peconic Bay Boulevard, Laurel. SCTM# 126-5-3.1 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 action to replace 96 linear feet of vinyl bulkhead in place of (and +1-12" higher than) existing storm damaged timber bulkhead; remove existing returns and construct (2) 24' vinyl returns along property lines are 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. Board Of Southold Tore Trustees SOUTH--, NEW Y~ IN AND ON TOWN WATERS AND I~J~LIC LANDS emi I~ REMOVAL OF SAI~D, eaAVEL OR OTH~ MA~ FROM [.NqOS UNDEe TOWN WA~=" ~ ~ ~ ~ ~ ~a~ ~t ~ I~ail (~8) ~ ~r X [6~ ~ ~r ~n~t~ ~t the batt~ ~HnKS be no ~e t~n ~O" ama~ of ~e b~kh~ at ~h ~v~ ~d that ~ and ~ the ~kb~d ~ It is my recommendation that the proposed actions to remove and replace (in-kind/in-place) approximately 91 linear feet of timber retaining wall; remove and replace or repair existing 10'x18' deck/gazebo and masonry stairs as necessary; construct 4'x8' 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 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. LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS I. 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 "yes" or "no"/{hen the proposed action will affect the achievement of the LWRP policy standards and conditi3~hs contained in the consistency review law. Thus, each answer must be explained in detail~ Ij6tin~ both suoDortint~ and non- suDoortin~, facts. If an action cannot be certified as consistent ~th the LWRP policy standards and conditions, it shall not be undertaken. / / A copy of the LWRP is available in the following places: 9/line at the Town of SoUthold's website (southoldtown.northfork.net), the Board of Trustees O/fie, the' PlanningI~_partment,~all local libraries and the Town Clerk's office. / B. DESCRIPTION OF SITE AND PROPOSED ACTION/ ' SCTM# 126 5 3 1 / PROJECT NAME James Abbott The Application has been snbmitted i~heck appropriatCsponse): TownBoard ~] PlanningBoardi__~BuildingD~t.[~ Board of Trustees [5~ Category of Town of Southold agencyXaxc, tion (che~k appropriate response): / (a) Action undertaken directly by To~/r~ ag~hcy (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Construct approximately 96 linear feet of vinyl bulkhead in place of(and +/-12" higher than) existing storm damaged timber bulkhead; remove and replace (in-kind/in-place) approximately 91 linear feet of timber retaining wall; remove existing returns and construct (2) 24' vinyl returns along property lines; remove and replace or repair existing deck/gazebo and masonry stairs as necessary; construct 4' x 8' steps to beach; and backfill with approximately 100 cubic yards of clean sandy fill, all as depicted on the project plan prepared by En-Consultants, dated December 31, 2012. Location of action: 8810 Great Peconic Bay, Laurel Site acreage: 30,082 s.f. 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: James Abbott (b) Mailing address: P.O. Box 71 Mattimck, NY 11952 (c) Telephone number: Area Code 631-852-6371 (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 [/x~ No I I If yes, which state or federal agency? us ^CE Nationwi~te 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. ~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 Southolfl. 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 and retaining wall which were damaged during Hurricane Sandy with a vinyl bulkhead and new timber retaining wall in the same locations with the new bulkhead 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 from flooding and erosion by a bulkhead and retaining wall 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 currem location. Without replacement and maintenance of the bulkhead and retaining wall 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 Applieab,e The project is consistent with Policy 5 to the extent that the existing heated 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. ~ 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 D 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 Ill - 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 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-depende.n.t .uses and promote siting of new wa.t.er-dep~en.dent uses in suitable locations. See LWRP Section IH - Pohcles; Pages 47 through 56 for evaluauon crlzena. ~] Yes ~] No [~ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustaiuable use of liviug marine resources ia Long Island Sound, the Peconic Estuary and Town waters. See LWRP Sectiou 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 ~~ Robert ann TITLEcoastal Management Specialist DATE 1/2/13 Amended on 8/1/05 948 36 1"=50' E N- CONSULTANTS 1319 HORTH SEA RD, SOUTHAb?i'ON, NY 11968 631-283-6360 EX. TO BE STORM TO BE EX. 10' x TO BE REMOVED & REPLACED (IK/IP) OR REPNREO AS NEEDED (EX. FOUNDATION BE REPAIRED AS NEEDED)~ 1B' MASONRY NEEDED PROPOSED 24' EX. RET. WALl_ RETURN TO BE REMOVED PROPOSED 24' RETURN EX. RET. WALl_ RETURN ,TO BE REMOVED ADJ. 16 L.F. OF EXISTING STORM SANDY) TIMBER WALL TO BE REMOVED AND REPLACED (IK/IP) PROP. --+96 L.F. OF VINYL BULKHEAD TO BE CONSTRUCTED IN PLACE OF (ANO APPROX. 12' HIGHER THAN) EX. STORM DAMAGED TIMBER BLKHD. APPROX. 75 L.F. OF EXISTING STORM DAMAGED TIMBER RET. WALL TO BE REMOVED AND REPLACED (IK/IP) GR£AT P£CONIC BAY AMP CAI'I~RI~ ~.CONlC B^Y. L?~fl., 5LPPOt. K CO,, NY .grtP. l~f I 0P 2 12/~/12 5~CTION THRU PROPOSal2 PLtKHUAI~ RUPtAC~NT E N- CONSULTX,:TS 1319 NORTH SE~, RD, SOUTHA?~,qFTO',q, NY il 968 631-283-6360 PROPO~O I~PLACBM~NF Of: STORM 12A/V~O BILKt~ FOl~ JA/vUS, M~, ANO CAll-I~RI~ ABBOTT ON 61~AT PP. CONIC BAY, LALII~L..qJPFOI. K CO,. I',IY ~q~.l~l' 2 Of 2 12/91/12 \ \ \ SURVEY OF P/O LOT 2 & LOT 3 MAP OF PROPERTY OF A. L. DOWNS FILE No. 21 FILED AUGUST 14, 1929 $ITUATE LAUREL TOWN OF $OUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-126-05-5.1 SCALE 1"='50' DECEMBER ,5, 2012 AREA 50,082 sq. (TO TIE LINE) 0.691 CERTIFIED TO: JAMES T. ABBOTT NOTES: 1. ELEVATIONS ARE REFERENCED TO N.A,V,D, 1988 DATUk{ EXISTING ELEVATIONS ARE SHOWN THUS:~i,~ THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. Land Surveyor Successor To: Stonl~e¥ J. Isaksen. Jr. L.S. Josepfl ^. Ingegno LS. PHONE (631)727-2090 Fax (631)727-1727 32-84'