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Home My WebLink About1000-86.-7-1 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADD'S: 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 13, 2013 Re: Proposed Wetland Permit for BRUCE BEANEY SCTM#1000-86-7-1 Michael A. Kimack on behalf of BRUCE BEANEY requests a Wetland Permit for the existing wood bulkhead (100'+) including existing wood platform (120sq.ft.+), existing deck (200sq.ft.+), and existing staircase from platform (4'+), and staircase to beach (4'+); replace two (2) stepped retaining walls at approximately 66' in length each at approximately 4' in height from grade; repair slope and bank with approximately 200 cubic yards of sand, covered in burlap and planted with Cape Ann Beach Grass at 1'o.c., with bayberry as needed; walls will be constructed with 6"x6" pressure treated from and sheathed with Shore-Guard 225 O/E. Located: 6200 Indian Neck Lane, Peconic. SCTM~ 86-7-1 The proposed action to seek a wetland permit for the existing wood bulkhead (100+_), existing staircase from platform (4':1:), staircase to beach (4':!:); replace two (2) stepped retaining walls at approximately 66' in length each at approximately 4' in height from grade; repair slope and bank with approximately 200 cubic yards of sand, covered in burlap and planted with Cape Ann Beach Grass at 1'o.c., with bayberry as needed 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 above actions are CONSISTENT with the LWRP. Note that the Board issued a permit for the above actions in 1988 and 1993. A retaining wall is mentioned in the 1993 permit, however, no further information is provided. 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 construct the existing wood platform (120sq.ft.:l:), existing deck (200sq.ft.+), is 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 Board Trustees permit 86-7-1 and are in conformance with Chapter 275 Wetlands and Shorelines permit. The decks permitted at the time were 48 sq. ft. and t00 sq. ft. 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 ' Tow~ 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 Waterfi:ont 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 · minor action list, policies and explanations of each policy contained Waterfront Revitalization Program. A proposed action will beneficial and adverse effects upon the coastal area ~ the exempt Town of Southold Local as to its significant Town). 3~ If any question in Section C on this form is answered affect the achievement of the LWRP policy standards review law. Thu~ each supporting facts. conditions, it shall not be undertaken. then the proposed action will conditions contained in the consistency both and non- vith the LWRP policy standards and Bo A copy of the LWRP is available in the website (southoldtown.northfork.net), the [ local libraries and the Town ~ DESCRIPTION OF online at Planning Department, 2 2 2013 SCTM# zg°~ PROJECT NAME The Application has been submitted to Town Board [-~ Planning Board [] [] Board of Trustees ~ Category of Town of Southold a (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: Location of action: Site acreage: Present land use: · P~sent m~g cl~sificafion: If ~ application for ~e proposed action h~ been filed ~ ~e Tom of Sou~old agency, ~e follo~ng iffo~ation sh~l be provided: (a) N~e of applic~t: ~/~ ¢) M~ling address: (c) Telephonenmber:~eaCode( ) (d) Applicmion nmber, iffy:. Will ~e action be directly ~de~en, req~m ~d~g, or approv~ by a state or federal agency? Yes ~ No~ If yes, whch state or feder~ agency? 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 HI - 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 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 Ailach 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 ~ot Applicable 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 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 [~f 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 Attach additional sheets if necessary '~ORKING 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. 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. At,ach 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 Board of Town Trustees Town of Southold Application for permit under Chapter 275 - Wetlands and Shorelines For: Beaney property: 6200 Indian Neck lane, Peconic, N.Y. 11545 275-6 Application responses as numbered: (1) See authorization form attached (2) Schedule: The rebuilding of the retaining walls, stabilizing and replanting the slope would take approximately 2 weeks after receipt of the permit to proceed (3) Purpose: to replace in kind the retaining walls, slope and vegetation for stabilization that had existed prior to hurricane Sandy. (4) A minimal amount of material may need to be removed (< 5 yds.). To rebuild the slope to its original configuration would require approximately 200 yards of sand. (5) Area: Standing on the upper wood platform of the descending staircase, the slope to be repaired extends approx. 66 feet to the westerly property line with a repose of approx. 45 degees and an overall work area of approx. 1650 square feet. At the base of the slope will be 2 stepped wood retaining walls approx. 66 in length with a hight of approx. 4 feet. The work area for the retaing walls adds another 350 square feet for a total work area of approx. 2000 square feet. The retaining walls will be ACQ 6"x6" faced with a sheathing material consisting of Vinyl Shoreguard 225. (6) The depth of the material reuired to rebuild the slope to its original configuration would have a deep fill area of approx. 4-5 feet with an angle of repose of approx. 45 degrees. (7) Material will be moved to the site and deposited using a rubber tracked front end loader traveling on preplaced plywood to protect the existing vegetation from further damage. (8) Survey: See updated survey attached (9) There are no wetlands or tidal waters within the proposed work area. (10) There have been no previous operations on the property without a permit. There had been no permits previously issued for the proposed work. (11) See N.Y.S.D.E.C./U.S.A.C.E joint permit application attached (12) Erosion on the site is presently isolated to the proposed work site which may create a further erosion problem if not stabilized by the work to be performed as defined on the site plan attached. (13) Current photos: see attached (14) Discretion of the Board (15) Save harmless form: see application (16) Ethical disclosure statement: see application (17) False information statement: see application (18) LWRP Consistancy Assessment form: Project should qualify as a minor action exemption (B). Form filled out reflecting project impact relative to the listed sections. A. Filing fee of $250.00 is attached JAN 2 2 2013 N / O I F JOHN M. SE:t3PAZ QUALiFiED PERSONAL RE$!DENCE 'TRUST S. 2z$°42 ' 20" E, 24042' 20" W. K~ EIRIA CON -N/O/F N/O/F LAND OF ALLEN N /' 0 / F' d. GEMMILL ROBINSON ROAD SURVEY OF PROPERTY A T PECONIC TOWN OF SOUTHOLD SUFFOLK 'COUNTY, N Y. 1000 - 86 .- 07 - O/ SCALE, I" = 40' JAN 8, 1998 JAN. 15,~ 2013 AREA = 2.9673 A. cres fo tie tine L JAN 2 2 20B /~ '~ N.Y.$. LIC. NO, 49618 PECONIC .~U'~R'~EYOR$~ P.C. (631) 765~50F0 FX ~6JI) 765-1797 P. O. 80X 909 Ig$O TRAVELER STREET $OUTHOLD~ N.Y'. 11371 ANY ALTERATION OR ADD/T/ON TO THIS SURVEY I$ A VIOLATION 88-211 (AI