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Home My WebLink About1000-128.-4-6 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: 631 765-1935 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 JOSEPH S. CONNELLY, JOHN CONGDON, JANET SOUKUP, AND OTHERS SCTM# 1000-128-4-6 En-Consultants on behalf of JOSEPH S. CONNELLY, JOHN CONGDON, JANET SOUKUP, AND OTHERS request a Wetland Permit to construct approximately 225 linear feet of vinyl bulkhead in place of existing storm damaged (Hurricane Sandy) timber bulkhead to be removed, and construct +/-4' easterly extension of bulkhead to connect to new return proposed along easterly property line under separate application by Patricia Congdon O'Brien (+/-6' section of bulkhead and existing return located on subject property am proposed to be removed); remove and replace +~-24' timber return at westerly property boundary with vinyl tatum; remove and replace (as necessary) existing 6'x9' deck at top of slope; construct 3'x+/-20' wide stairway and 9'x10' deck behind bulkhead in place of storm damaged structures; construct 4'x8' steps to beach; and backfill with approximately 1,000 cubic yards of clean sandy fill to be re-vegetated with native plantings to restore storm eroded area landward of bulkhead, including top of slope to pm-storm conditions. Located: Gmat Peconic Bay Boulevard, Laurel. SCTM# 128-4-6 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, that the proposal to construct approximately 225 linear feet of vinyl bulkhead in place of existing storm damaged (Hurricane Sandy) timber bulkhead to be removed, and construct +/-4' easterly extension of bulkhead to connect to new return proposed along easterly property line under Separate application by Patricia Congdon O'Brien (+/-6' section of bulkhead and existing return located on subject property are proposed to be removed); remove and replace +1-24' timber return at westerly property boundary with vinyl return; construct 4'x8' steps to beach; and backfill with approximately 1,000 cubic yards of clean sandy fill to be re-vegetated with native plantings to restore storm eroded area landward of bulkhead, including top of slope to pre-storm conditions is CONSISTENT with the LWRP Further, it is my recommendation that the proposed actions to remove and replace (as necessary) existing 6'x9' deck at top of slope; construct 3'x+1-20' wide stairway and 9'xl0' deck behind bulkhead in place of storm damaged structures; 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 Town 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 LWRP CONSISTENCY ASSESSMENT FORM 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. 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 South01d Town). If any question in Section C on this form is answered "yes" or "no", then~ihe proposed action will affect the achievement of the LWRP policy standards and conditions, ined in the consistency review law. Thus~ each answer must be explained in detail pportine and non- sul~portinR facts. If an action cannot be certified as LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: (southoldtown.northfork.net), the Board of Trustees Office libraries and the Town Clerk's office. &~ ~ ~3 DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 128 4 6 Town of Southold's website all local DEC 28 2012 PROJECT NAME Jol~ Congdon Janet Soukup, and others The Application has been submitted to (~eck appropriate res Town Board ~ Planning Board[--]'n\~u,ldmg'-- Dept. [ Category of Town of Southold agency a~ion (check app \ (a) Action undertaken directly by Tox~t. agency (e.g. construction, planning activity, ,agen~r, egulation, (b) Financial assistance (e.g. grant, loan, shady) (c) Permit, approval, license, certification: Nature and extent of action: storm damag~t (Hurricane Sandy) timber bulkhead to be td existing return located on subject property are proposed Construct approximately 225 linear feet of vinyl bulkhead in place of exis removed, and construct +/-4' easterly extension of bulkhead to connect to n ' returh proposed along easterly property line under separate application by Patricia Congdon O'Brien (+/-6' section of bulkhead to be removed); remove and replace +/-24' timber return at westerly property ,oundayy, ,~h~myl return; remove and replace (as necessary) existing 6' x 9' deck at top of slope; construct 3' x +/-20' wide stairway an(9' x 10~feck behind buLkhead in place of storm damaged structures; cons~ract 4' x 8' steps to beach; and backfill with approximately 1,~bic yards of clean sandy fill to be revegetated with native plantings to restore storm eroded area landward of bulkhead, including top of slope, to pre-storm conditions, all as depicted on the project plan prepared by Eh-Consultants, dated December 17, 2012. Location of action: Peconic Bay Boulevard, Laurel Site acreage: 0.42 acre Present land use: Jointly owned road and beach. 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: John Congdon, Janet Soukup, and others (b) Mailing address: c/o John Cangdon 5 Walter Court, Old Bethpage, NY 11804 (c) Telephone number: Area Code 516-586-6873 (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 #3 C. Evaluate the project to the following poficies 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 Southoid 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 Sonthoid. 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 N Not Applicable The project seeks to replace an existing timber bulkhead damaged during Hurricane Sandy with a vinyl bulkhead in the same location to restore the property's historical method of protection against erosion and flooding; and to reconstruct a previously existing deck and stairway that were also damaged during the storm. The existing shoreline has been improved with and supported and protected fi.om flooding and erosion by a bulkhead since prior to 1970, 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 adjacent upland properties would continue to be exposed to severe ~rosion, 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 previously 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 Southoid 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 No pot 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 [-'-] N o[~ 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-depen.dent uses in suitable locations. See LWRP Section IH - Policies; Pages 47 through 56 for evaluation crderla. yes No Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources ia Loug Island Sound, the Peeooie 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 evaloation eriteria. [--] Yes [~ No ~ Not Applicable PREPARED BY H~~- Robert E. T. ITLEcoastal Management Specialist DATE 12/21/12 Amended on 8/1/05 1" = 50' 3' × X20' IN PLACE 6'x9' WOOD DECK TO BE RE AND REPLACED (AS NEEDED) ~WAY TO BE CONSTRUCTED DAMAGED STAIRWAY EX. STORM DAMAGED 10' WOOD DECK BE RECONSTRUCTED EX. RS TO ADJACENT EX. DECK & STAIRS T[ ADJACENT DWELLINC ~ODED AREA TO BE AND REVEOETATED PROP. +4' SECTION OF BLKHD TO CONNECT TO PROP, RETURN (SEE APPLICATION BY OBRIEN) P/O EX, BLKHD AND RETURN TO BE REMOVED PROP +225 L.F, OF VINYL BULKHEAD TO BE CONSTRUCTED IN PLACE OF EX. STORM DAMAGED (HURRICANE SANDY) TIMBER BULKHEAD 'ROPOSED 4' × 8' STEPS GREAT PECONIC EN-CONSULTANTS 13i9 NORTH SEA RD. SOUTHAMPTON, N.Y. 11968 631-283-6360 EX, RETURN TO REMOVED & REPLACED ?A~P IALKHI~ FO~ JOHN CONdDON, JAN~f :f~LIF, ANP 01~ ON dinar PI~CONIC BAY, I. AIJI~.I., 5UcicO~K COUNTY, NY ~l~fl O~ 2 12/17/12 5UCTION itdRLI PROPOSUt2 PI.,IL.$UAg R~PL-AC~NT STORM PAMAL~P ST/~L~V^Y TO ~ k~CONSllaJCl~P '-20' ' I 5fORM pN~,N~EI2 PROP. SfORM EROS[ VIMY~ ~ Ai~N~ EN-CONSULTANTS 13i9 NORTH SEA RD. SOUTHAMPTON, N.Y. 11968 631-283-6360 FROPO':J~P I~PI,./CI~MI~NI' ~ STORM PAMA6il~P I~LLKI~/~ FOR JOHN CON~iPON, .J~,ll~f f::,OLIKLIP, AND 011~R5 ON ~I~AT FCCONIC BAY, tALI~I., ~FFObK COUNff, NY ~.~T 2CTP 2 12/17/12 N S NO~tE~ PAT~IC, IA O'B~,IEN ~f, L~ur'¢l, To~n of Dout~h¢l~ 5u~olk C, ount~, N¢~ ¥or'k