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Home My WebLink About1000-31.-18-5 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: February 12, 2013 Re: Proposed Wetland Permit and a Coastal Erosion Permit for SUZANNE MOYSE, MARY GUERRIERA & JENNIFER BLACKHALL SCTM#1000-31-18-5 Jeffrey Patanjo on behalf of SUZANNE MOYSE, MARY GUERRIERA & JENNIFER BLACKHALL requests a Wetland Permit and a Coastal Erosion Permit to remove and replace 86 linear feet of storm damaged bulkhead; install new 12' bulkhead return; and reconstruct decking all in same location as pre-hurricane Sandy. Located: 150 Rabbit Lane, East Marion. SCTM# 31-18-5 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 remove and replace 86 linear feet of storm damaged bulkhead; install new t2' bulkhead return is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. The proposed replacement to reconstruct decking (SEAWARD OF THE CEHA) all in same location as pre-hurricane Sandy 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. 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. 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. § 111-12. Beach area. D. All development is prohibited on beaches unless specifically provided for by this chapter. § 111-6. 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 ~:ustomary and/or in compliance with an approved maintenance program; planting vegetation and sand fencing so as to stabilize or entrap sand in pdmary 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 Sonthold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM 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 BuiMing 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 rev~exempt minor action list, policies and explanations of each policy contained in the Tow~x-of3outhold Local Waterfront Revitalization Program. A proposed action will be evalu~teff a~ toits significant beneficial and adverse effects upon the coastal area (which inct~outhold Town). 3. If any question in Section C on this form is answered "~roposed action may affect the achievement of the LWRP policy standards and cond~he consistency review law. Thus, the action should be analyzed in more det~sa~.ed .pfi~..to~.m~aking a determination that it is consistent to the max~~le.wi...thth, e ~L,~W~ policy standards and conditions. I"f~an action cann~istent with the LWRP policy standards and conditions, it shall~not be unde~ / A copy of the LWRP is available~m the f~_m_e_at ~.e T_o.wn o.f So_.uthold's .... website (southoldtown.northfork.n~t), th/B~-ees Office, the Planning Department, all local libraries and the Town Clerk'~x~/ce. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 31 la os The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] dAN - 8 2013 $outhold Town [toard of Trustees Board of Trustees Category of Town of Southold agency action (check appropriate response): (a) (b) (c) 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: [] Nature and extent of action: RECONSTRUCT 86 LF OF STORM DAMAGED BULKHEAD, INSTALL ADDITIONAL 12 LF BULKHEAD RETURN AND RECONSTRUCT EXISTING DECK IN PRE-STORM LOCATIONS AND DIMENSIONS. Location of action: IS0 RABBIT LANE, EAST MARION Site acreage: 0.27 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: SUZANNE MOYSE (b) Mailing address: 33 AYMAR AVENUE, STATEN ISLAND, NY 10301 (c) Telephone number: Area Code (). 51§-220-6335 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [~ lfyes, which state or federal agency? NYSDEC 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 PROJECT ENHANCES COMMUNITY CHARACTER BY WAY OF PROVIDING A VISUALLY APPEALING AND FUNCTIONAL BULKHEAD. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southoid. 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 Section 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 [-~ No [] Not Applicable PROJECT PROTECTS THE LOSS OF LAND AAND EROSION DUE TO TIDAL CURRENTS AND UPLAND RUNOFF. At~ach 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 PROJECT PROTECTS WATER BY WAY OF PROVIDING A BARRIER FOR SEDIMENT EROSION. Anach 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 ECOSYSTEMS. 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 R Not Applicable ACTION HAS NO EFFECT ON AIR QUALITY, 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 ACTION HAS NO EFFECT CAUSED 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 III - Policies; Pages 38 through 46 for evaluation criteria. ~ Ye~] 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 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 Peconic 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 Lake Mar~n ~ ~ Lak~~ -- PROJECT LOCATION / / / / / / ,JAN - 8 2013 / / [ROSION HAZ~O UHE 12' BULKHEAD REARM fILL BEHIND BULKHEAD LGST DURING STORM DECK ~IMI~R JCT1Y TO REklNN REP~E 86' 0¢ STO~ ~ BULKHFJ~ IN S~E LO~ATION AS [XI~flND PORTIONS OF SURVEY PREPARED BY: ROBERT H. FOX P.O. BOX 566 AQUEBOGUE, NY 11951 SURVEY LATEST DATED AUGUST 2007 & 12-04-11 PROPERTY OWNERS: SUZANNE MOYSE MARY GUERRIERA JENNIFER BLACKHALL 33 AYMAR AVE. STATEN ISLAND, NY 10501 PREPARED BY: JEFFREY PATANdO 106 HEWlT[' BOULEVARD CENTER MORICHES, NY 11954 631-484-9532 PROPOSED BULKHEAD ;CALE: 1 "=30' PROPOSED PLAN ~ OATE: LOCATION MAP 150 RABBIT LANE EAST MARION, TO#'N OF SOUTHOLD SUFFOLK COUNTY, NY ~HEET: TAX MAP NO. fOOO-3f-18-05 1 OF 2 TIMBER TOP CAP PROPOSED 3'X6" REAR WALE- PROPOSED 8" TIP CCA LAY-LOG PILE x PROPOSED 8" TIP CCA PILE O.C. 8' LENGTH. BOLTED TO PROPOSED DECK TO REPLACE EXISTING LOST DURING REMOVE REMAINING ~ DAMAGED BULKHEAD/ E×,ST,NG CO CRETE WALL TO REMAIN / UNDI~URBED ~ -PROPOSED 14' LONG 10" BUTr CCA TREATED TIMBER PILE, 6' O.C. NOTE: REMOVE EXISTING REMAINING STRUCTURE IN ITS ENTIRETY AND INSTALL NEY/ BULKHEAD IN THE EXACT SAME POSITION AS STORM DAMAGED BULKHEAD 6"x6" CCA TOP & BOTfOM WALE APPROXIMA][ M.H.W. LAY-LOG WITH 3/4" / / PROPOSED 12' LONG CLOC GALVANIZED THRU-BOLTS.--' ./ 9000 VINYL SHEETING PROPOSED 16' LONG 1" DIA. GALV. TiE ROD, 6' O.C. APPEOXIMA~ M.LW PROPER~Y OWNERS: SUZANNE MOYSE MARY 6UERRIERA JENNIFER BLACKHALL 55 AYMAR AVE. STATEN ISLAND, NY 10501 PREPARED BY: JEFFREY PATANJO 106 HEWlTT BOULEVARD CENTER MORICHES, NY 11954 651-484-9552 PROPOSED BULKHEAD SCALE: AS NOTED PROPOSED SECTION DATE: 12-20-12 150 RABBIT LANE EAST MARION, TO~[N OF SOUTHOLD SUFFOLK COUNTY, NY ~HEET: TAX J~AP NO. 1000-31-f8-05 2 OF ~ Survey of Property Llber 121~ p~,e ~--0.71 N ECEIVE '~ Southold Tow~,'"- Board d.A~tees ~'~ JA,~ 2 9 20~ pO IIGK~ NY 119~1