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Home My WebLink About1000-31.-13-9.1 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. 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: February 7, 2013 Re: Proposed Wetland Permit and Coastal Erosion Permit for KIRK O'FARRELL & DENISE CERASANI SCTM#1000-31-13-9.1 Note the Coastal Erosion Hazard line is not shown on the plans. En-Consultants on behalf of KIRK O'FARRELL & DENISE CERASANI requests a Wetland Permit and a Coastal Erosion Permit to construct approximately 131 linear feet of vinyl or fiberglass bulkhead partially in the same location as, partially landward of, and up to +12" higher than existing storm damaged (Hurricane Sandy) concrete seawall to be removed; construct two (2) 16' returns; maintain as stone toe armor at south/west end of proposed bulkhead the existing stone previously emplaced pursuant to Wetlands Permit #6841 and Coastal Erosion Management Permit #6841C; maintain or remove as necessary existing concrete retaining walls exposed by storm erosion at south/west end of property; reconstruct storm damaged 12.5'x14.5' deck and 3' wide stairs landward of new bulkhead; reconstruct storm destroyed 3.5'x3.5' platform and 3.5' wide steps to beach on seaward side of new bulkhead; backfill/re-nourish storm eroded area landward of bulkhead with approximately 500 cubic yards of clean sandy fill to be trucked in from an approved upland source; and plant restored sloped embankment to north/east of reconstructed deck with native vegetation. Located: 11292 Main Road, East Marion. SCTM# 31-13-9.1 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 proposal to: Construct approximately 131 linear feet of vinyl or fiberglass bulkhead partially in the same location as, partially landward of, and up to +12" higher than existing storm damaged (Hurricane Sandy) concrete seawall to be removed; construct two (2) 16' returns; maintain as stone toe armor at south/west end of proposed bulkhead the existing stone previously emplaced pursuant to Wetlands Permit #6841 and Coastal Erosion Management Permit #6841C; maintain or remove as necessary existing concrete retaining walls exposed by storm erosion at south/west end.of property and 3' wide stairs landward of new bulkhead; reconstruct storm destroyed 3.5'x3.5' platform and 3.5' wide steps to beach on seaward side of new bulkhead; backfill/re-nourish storm eroded area landward of bulkhead with approximately 500 cubic yards of clean sandy fill to be trucked in from an approved upland source; and plant restored sloped embankment to north/east of reconstructed deck with native vegetation is CONSISTENT with ;the Policy Standards and therefore is CONSISTENT with the LWRP. The reconstruction of the 181.25 square foot deck is INCONSISTENT with LWRP Policies 4.1 and 6.3 (below) and therefore, INCONSISTENT with the LWRP. The action is LOCATED WITHIN THE CEHA and does not meet policy 4.1 below. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The fo/lowing management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. a. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. The location of the proposed deck is within the Coastal Erosion Hazard Area (CEHA) and will be constructed on the bluff. All development is prohibited on a bluff pursuant § 111-12 unless specifically provided for by Chapter 111, COASTAL EROSION HAZARD AREAS. Pursuant to § 111-6, allowable activities on a bluff may include open timber piles or other similar open work supports with a top surface area of less than 200 square feet and removed annually, Therefore, the deck, as proposed, is prohibited on the bluff pursuant to Chapter 111, COASTAL EROSION HAZARD AREAS. The deck is not an unregulated activity or a specifically allowed action identified in the section. 6.3 Protect and restore tidal and freshwater wetlands. Ao Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andres Patent and other lands under their jurisdiction Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. 275-11 Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (6) Decks and platforms. No decks or platforms shall be permitted on or near bluffs... Pursuant to Chapter 275 Wetlands and Shorelines, the proposal to re-construct 181.25 square foot deck landward of the new bulkhead is not a permissible action. A permit for the deck is nc'. on record. 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 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~ listine both suooorting and non- supportine 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 is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 31 13 9.~ PROJECT NAME ~ci~k O'Ferrall & Denise Cerasain The Application has been submitted to (check appropriate response): TownBoard ~] PlanningBoardn--~ Building Dept. ~ Board of Trustees [~ Category of Town of Southold agency action (check appropriate response): (a) Nature and extent of action: CE VE Southold Town Board of Trustees Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) Financial assistance (e.g. grant, loan, subsidy) Permit, approval, license, certification: ~/v~ Construct approximately 131 linear feet of vinyl or fiberglass bulkhead partially in the same location as, partially landward of, and up to +/-12" higher than existing storm damaged (Hurricane Sandy) concrete seawall to be removed; construct two (2) 16' returas; maintain as stone toe armor at south/west end of proposed bulkhead the existing stone previously emplaced pursuant to Wetlands Permit No. 6841 and Coastal Erosion Management Permit No. 6841C; maintain or remove as necessary existing concrete retaining walls exposed by storm erosion at south/west end of property; reconstruct storm damaged 12.5' x 14.5' deck and 3' wide stairs landward of new bulkhead; reconstruct storm destroyed 3.5' x 3.5' platform and 3.5 wide steps to beach on seaward side of new bulkhead; backiill/renourish storm eroded area landward of bulkhead with approximately 500 cubic yards of clean sandy fill to be trucked in from an approved upland source; and plant restored sloped embankment to north/east of reconstructed deck with native vegetation, all as depicted on the project plan prepared by Eh-Consultants, dated January 15, 2013. Location of action: 11292 Main Road, East Marion Site acreage: 53,856 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: Kirk O'Ferrall & Denise Cerasani (b) Mailing address: 15 West 75th Street, ~9A New York, NY 10023 (c) Telephone number: Area Code 917-923-1767 (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? [-'-I NYS DEC Hurricane Sandy Emergency General Permit Yes 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 eonununity 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. Sec 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 concrete seawall damaged during Hurricane Sandy with a vinyl or fiberglass bulkhead in the same location and up to 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 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 die bulkhead, the subject and adjacent properties which are also presently stabilized with existing concrete seawalls, would be exposed to severe erosion, flooding, and damage to the residential structures located thereon. The storm eroded area landward of the bulkhead will be renourished and the sloped embankment portion of that area (north/east of the deck) restored and revegetated in order to restore the naturally protective ftmction of the embankment against erosion and flooding. 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 npplicsble The project is consistent with Policy 5 to the extent that the existing concrete seawall 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 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, except that the partial landward relocation of the proposed bulkhead relative to the existing seawall will result in a net increase to the beach width seaward of the structure. 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 ~'-]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 ~ 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 structure will in no way impede or preclude public access along the adjacent shoreline. In fact, a marginal increase in beach width seaward of the structure will result from the partial landward relocation of the bulkhead relative to the existing seawall. 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 criteria. ~] Yes [--] No [~ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peeouie 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 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 Ro ~berf E.%I~ TlTLEcoastal Management Specialist DATE 1/17/13 Amended on 8/1/05 JAN 2. 5 20B N/O/F A. ~ b'. 134.56' I" -- $0' 5CfM STORM I~GED 12.5' x 14,5' DECK AND 3' WIDE PROP --I: 16 RETURN STAIRS BE R~CONSTRUCTED LANDWARD OF' * ' .~ · k~ C~O~T.O. o~ ST,~,~ ,0 .E ~--'-/-- ~ E N- CONSULTANTS R'~,. ~.. ,ND,~..TEO ,N D~,.,.M DE, ,."' TO", ii, ~~.~/ 5.~ 1319 NOETH SEA RD. PO,.,.. ~/'"¢~ ~'"¢~ UTHAMPTON,__ NY ]1968 REMOVED AS NECESSARY P.P..,1,. R,,u,, . 631-283-6360 ~°~-l~i~-" \ ~ ~, u~wARo o~. AND up TO +1~' N~.ER T~ EX. S~ORM SEAWA~ TO TO BE RE~RSED AS INDICATED 1N DIAGRAM g~ELOW) GARDINER'$ BA¥ PROPOS/CP I~PLACE~N'r' OF: 5'rOF. M PAMA6~P CAWAI. I. I¢OR KII~, O' ANP 1:2¢N1¢ d~RAS. ANI ON BAY, EA.Sf MARION, 5LiqCOLK COLNfY, NY 5HEE'r I Of' 2 I/I¢,/I~, 9BClqON I'HRLI FROFO~P PlJLI~B~ ~PL,~BMBNI' *' 12~ (v~') PROP. 6R~6~ ~A~1'/NOf~ OP P~CK 70 ?~OP, 6FSOB [ W~Sf/SOLrPd OP I0" PB[S IO" PRO?. ViNYl. O~ Pl[~et,ASS [~ FA~11~I.Y IN ?L~B OF, P~q~LY b,~gVv,~q2 CE, ~ bP TO +__12" HI~R 11'lAN BX. STORM PAM,q::ZP CONK!~I~ ~AWALL E N- CONSULTANTS 1319 NORTH SEA RD, SOUTHAMPTON, NY 119U. 631-283-6360 PROPOSeP I~PL~-B/V~NT OP .STOP. J~ PAMAZ~P ~AW~L FOR KII~-, O'f:lf. RP. Att ANP ~NI~ CI~ieA.SANI ON B^Y, BAST M/~ION, SLIFPOL.K C:OLIN~. NY 51~B1' 2 OP 2 I/I.~/19 CERTIFIED TO: KIRK H. O'FERRALL DENISE CERASANI WELLS FARGO BANK, NA, ITS SUCCESSOR AND / OR ASSIGNS COMMONWEALTH LAND TITLE INSURANCE COMPANY SURVEY OF PROPERTY AT EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-31-13-9.1 SCALE... 1'--40' JUL Y I0, 2012 JULY 20, 2012 (additions) Z N/O/F' ^RTEMIOS ~ $'IELLA TSISMENAKIS N61'4~'50"E FR. 8LO~ m AREA=53,856 SO. FT. TO TIE LINE N.Y.S. LIC. NO. 49618 ,'EYOF?S, P.C. (6,71) 765-5020 FAX (651) 765-1797 P.O. BOY 909 12,.70 TRAVELER STREET SOUTHOLD, N, Y. 11971