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Home My WebLink About1000-31.-18-4 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) $outhold, 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 12, 2013 Re: Proposed Wetland Permit and Coastal Erosion Permit for JOHN LUSCHER SCTM#1000-31-18-4 Jeffrey Patanjo on behalf of JOHN LUSCHER requests a Wetland Permit and a Coastal Erosion Permit to replace 28 linear feet of Hurricane Sandy damaged bulkhead with new vinyl bulkhead; replenish sand fill behind bulkhead and replace 28.2'x12' timber deck lost during storm to pre-storm dimensions and location. Located: 110 Rabbit Lane, East Marion. SCTM# 31-18-4 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 replace 28 linear feet of Hurricane Sandy damaged bulkhead with new vinyl bulkhead; replenish sand fill behind bulkhead is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. In 2007 the Board issued an Emergency Permit (6593E) to allow the applicant to replace boards on the existing bulkhead. The proposal to replace the 28.2'x12' timber deck lost during storm to pro-storm dimensions and location (SEAWARD OF THE CEHA) is INCONSISTENT with LWRP Policies 4.1 (below) and therefore, INCONSISTENT with the LWRP. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following 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. 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 beach. All development is prohibited on a beach pursuant § 111-12 unless specifically provided for by Chapter 111, COASTAL EROSION HAZARD AREAS. Pursuant to § 111-6, allowable activities on a beach may include open timber piles or other similar open work supports with a top surface area of less than 200 square feet. Therefore, the decks, as proposed, are prohibited in the on the beach pursuant to Chapter 111, COASTAL EROSION HAZARD AREAS. § 11t-12. Beach area. D. All development is prohibited on beaches unless specifically provided for by this chapter. § 11t-6. Definitions. UNREGULATED ACTIVITY -- Excepted activities which are not regulated by this chapter include but are not limited to elevated walkways or stairways constructed solely for pedestrian use and built by an individual property owner for the limited purposes of providing noncommercial access to the beach; docks, piers, wharves or structures built on floats, columns, open timber piles or other similar open work supports with a top surface area of less than 200 square feet or which are removed in the fall of each year; normal beach grooming or cleanup; maintenance of structures when normal and customary and/or in compliance with an approved maintenance program; planting vegetation and sand fencing so as to stabilize or entrap sand in primary dune and secondary dune areas in order to maintain or increase the height and width of dunes; routine agricultural operations, including cultivation or harvesting; and the implementation of practices recommended in a soil and water conservation plan as defined in § 3, Subsection (12), of the Soil and Water Conservation Districts Law; provided, however, that agricultural operations and implementation of practices will not be construed to include any activity that involves the construction or placement of a structure, 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 1 of Southold Local Waterfront Revitalization Program. A proposed action will be as to its significant beneficial and adverse effects upon the coastal area If any question in Section C on this form is answered achievement of the LWRP policy Thus, the action should be analyzed in more c determination that it is consistent to the standards and conditions. If an action standards and conditions, it shall not be ~ then the proposed action may affect the contained in the consistency review law. and, if necessary, modified prior to making a extent practicable with the LWRP policy be certified as consistent with the LWRP policy A copy of the LWRP is available website Q local libraries and the Town B. DESCRIPTION OF SCTM# 31 18 The Application has been submi~ Town Board [-~ OI the Board of Trustees ACTION (check appropriate response): Southo',d Town Oo,"rd of Trust.~e, os Building Dept. ~ Board of Trustees [] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (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: RFPLACE~ 98 LF OF HURRICANE .~AlqnY DAMAGED BLILKHFAD WITH NEWVlN~L SULKHEAD. REPLENISH SAND FILL BEHIND BULKHEAD AND REPLACE 28.2' X 12' TIMBER DECK LOST DURING BTORM TO PRE-STORM DIMENSIONS AND LOCATION. Location of action: 11o RABBIT LANE, EA$T MARION NY 1193g Site acreage: o.08S Present land use: RESIDENTIAL Present zoning classification: RES 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: Jo,. LUSCHER (b) Mailing address: 183 WEST 23RD STREET, DEER PARK NY 11729 (c) Telephone number: Area Code ( )_ S18-523-4025 (d) Application number, if any:. 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? NYSDE¢ / NY$/X)$ / aRl~ COI~'S 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 PROJECT ENHANCES COMMUNITY CHARACTER BY WAY OF A VISUALLY APPEALI~IG AND FUNCTIONAL BULKHEAD. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resoarces 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 Sectiou III - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No [] Not Applicable PROJECT ENHANCES VISUAL QUALITY BY PROVIDING A VISUALLY APPEALING BULKHEAD. 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 [] .o [] .ot Applicable PROJECT PROTECTS THE LOSS OF LAND AND EROSION DUE TO TIDAL CURRENTS AND UPLAND RUNOFF. 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 PROJECT PROTECTS WATER BY WAY OF PROVIDING A BARRIER FOR SEDIMENT EROSION. 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 ACTION HAS NO EFFECT ON ECOSYSTEM. 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 ACTION HAS NO EFFECT ON AIR QUALITY. Attach additional sheets if necessary Policy 8. Mimmi~.e 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 ACTION HAS NO EFFECT C,~.U~Er~ BY SOLID AND HAZARDOUS WASTE. 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 IH - Policies; Pages 38 through 46 for evaluation criteria. ~-~ Yes~ No [] Not Applicable ACTION IS LOCATED ON PRIVATE PROPERTY. 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 ACTION IS LOCATED ON A SINGLE FAMILY RESIDENCE AND UTILIZED TO ACCESS BEACH AND WATER. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peeonic 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 evaluation criteria. [] Yes [] No ~ Not Applicable Created on 5/25/05 11:20 AM East Marion o PROJECT LOCATION REPt,'~E PRE STORM TIMBER DECK 28.20' X 12' IN S~E LOCA'flOH AS [XlS'nNG ~ B~U(I.EN) IN SAME LOCATION AS D(ISTING ,JAN 2 9 20i3 Southold Town Board of frust¢~ NOTES: 1. ELEVATIONS REFER TO N.A.V.D. 2. LOT AREA: 3,744 S.F. / 0.086 ACRES 3. PORTIONS OF SITE PLAN FROM SURVEY PREPARED BY: PECONIC SURVEYORS, P.C. P.O. BOX 909 1250 TRAVELER STREET, SOUTHOLD, NY 11971 DATE SURVEYED: DEC. 18, 2012 4. FLOOD ZONE: AE (EL 6) MAP NO. 3610360177H PROPERTY OWNER: JOHN IUSCHER 163 WEST 23 ST. DEER PARK, NY 11729 PREPARED BY: JEFFREY PATANJO 106 HEWITF BOULEVARD CENTER MORICHES, NY 11934 631-484-9532 PROPO$BD BULKHEAD PROPOSED PLAN LOCATION MAP 110 RABBIT LANE EAST MARIO~ TOWN OF $OUTNOLD SUFFOLK COUNT~ NY TAX MAP NO. 1000-31-18-04 SCALE: 1 "=30' DATE: 1-10-13 SHEET: 1 OF2 PROPOSED DECK TO REPLACE EXISTING LOST DURING PROPOSED 8" TIP CCA LAY-LOG PILE , PROPOSED 8" TIP CCA PILE, O.C. 8' LENGTH. BOLTED TO LAY-LOG WITH 3/4# / GALVANIZED THRU-BOLTS.-'~ / PROPOSED 16' LONG 1' DIA. GALV. TIE ROD, 6' O.C. TIMBER TOP CAP 14' LONG 10" BUTI' CCA TREATED TIMBER PILE, 6' O.C. PROPOSED 3'X6" REAR RE-PLENISH ~AND INOTE: REMOVE EXISTING REMAINING I STRUCTURE IN ITS ENTIRETY AND INSTALL NEW BULKH~:J~D IN THE EXACT SAME POSITION AS STORM DAMAGED BULKHEAD 6"x6# CCA TOP & BOTI'OM WALE PROPOSED 12' LONG CLOC 9OO0 VINYL SHEETING N~PROXIMA'rE MJ..W NOTES: 1. ELEVATIONS REFER TO N.A.V.D. 2. LOT AREA: 3,744 S.F. / 0.086 ACRES 3. PORTIONS OF SITE PLAN FROM SURVEY PREPARED BY: PECONIC SURVEYORS, P.C. P.O. BOX 909 1230 TRAVELER STREET, SOUTHOLD, NY 11971 DATE SURVEYED: DEC. 18, 2012 4. FLOOD ZONE: AE (EL 6) MAP NO. 56103C0177H PROPERTY OWNER: JOHN IUSCHER 163 WEST 25 ST. DEER PARK, NY 11729 PREPARED BY: JEFFREY PATANJO 106 HEWlTF BOULEVARD CENTER MORICHES, NY 11954 631-484-9552 PROPOSED BULKHEAD PROPOSED SECTION 110 RABBIT LANE EAST MARION, TOWN OF $OUTHOLD SUFFOLK COUNTY, NY TAX MAP NO. 1000-31-18-04 SCALE: AS NOTED DATE: 1-10-15 SHEET: 20F2 __ I N AREA=3,744 SO. FT. TO TIE LINE ZONE: AE (E1 6) ELEVATIONS REFERENCED TO N.A.V.D. FLOOD ZONE FROM FIRM MAP NUMBER 3610300177H SEPTEMBER 25, 2009 COASTAL EROSION HAZARD LINE FROM COASTAL EROSION MAP PHOTO 48-636-85 ANY ALTERATION OR ADDITION TO THIS SURVEY IS A 140LATION OF SECTION 7209OF THE NEW YORK STATE EDUCATION LAW.. EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIONA lURE APPEARS HEREON. SURVEY OF PROPERTY AT EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-31-18-04 SCALE: 1'--20' DECEMBER 18, 2012 Y.S. LIC. NO, 4961~ P.C. (631) 765-5020 FAX (651) 765-1797 P.O. 80X 909 1230 TRAVELER STREET