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Home My WebLink About1000-111.-13-2 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: March 19, 2013 Re: Proposed Wetland Permit for LEHNERT FAMILY IRREVOCABLE TRUST SCTM#1000-111-13-2 No permits for structures were found. Lehnert Construction on behalf of LEHNERT FAMILY IRREVOCABLE TRUST requests a Wetland Permit to remove the two (2) storm damaged retaining walls and replace with new single retaining wall; existing wood decks (18.8'x14.4') at bulkhead to be rebuilt and replaced in-kind. Located: 6605 Nassau Point Road, Cutchogue. SCTM# 111-13-2 The proposed actions have 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 to remove the two (2) storm damaged retaining walls and replace with new single retaining wall; are CONSISTENT with the LWRP. The proposal to rebuild, replace existing wood decks (18.8'x14.4') at bulkhead in-kind is not permissible under current regulations is recommended as 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 structure described was not constructed pursuant to Southold Board Trustees permit pursuant to Chapter 275 Wetlands and Shorelines regulations and is not permissible under current regulations. Town of Southold INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM All applicants for lx~'mits* including Town of Southold agenoies, shall complet~ this CCAF for proposed actions that are subject to the Town of Southold Waterfixmt Consistency Review Law. This assessment is inteaded to supplement other information used by a Town of Southold agency in makinE a determlna!ion 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 vninor action list, policies and explanations of each policy contained in the Town of Southold Local · Waterfront Revitalization Prograra. A ~rooosed action will be evaluated as to its signifiean~ beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3: 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~ listing both supporting and non- suonortin~ facts. If an action cannot be certified as consistent with the LWRP policy standaMs and conditions, it shall not be undertaken. A copy of the LWRP is availabld in the following places: online at the Town of Southold ' s website (southoldtown.northfork.net), the Board of Truatees Office: the Planning Department, local libraries and the Town Clerk's office. IA E ,, B. DESCRIPTION OF SITE AND PROPOSED ACTION Il!![~ scr I# . _ / FEB PROJECTNAME Lehnert Residence Retaining wall Re~air ~ Th~ Applicatioa has been snlonutted to (check appropriate response): TownBoard [] Pla.ningBoard~] Building Dept. [] Board ofTrustees [-~ 1. Category of Town of Sou/hold agency action (check appropnateresponse):' \~'~---- (a) Action unda aken .directly by Town agency (e.g. capital · -construction, planning ,cfivity, agency re .gui. afion, 10n ~ (C) Pviiiilt, approval, lieelase, certification: Nature and extent of action: Remove existin9 storm damaged retain±n9 walls and replace with new retaining wall, Location of action: Site acreage:. 0. 5605 Nassau Point Road, Cutchogue 794 acres Present.land use: Residential Present zonhag ckassificafi0n: R- 40 If aa application, for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: Lehnert Family Irrevocable Trust ~) Ma[l~lgaddress: 5 Kilburn Road, Garden City, NY, 11530 (c) Telephone number: Area Code ( ) 516-248-2188 (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 federalagency? 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 III- Policies; Page 2 for evaluation criteria. [] Yes [] No ~] Not Applicable Attach additional sheets ff necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section Ill ' Policies Pages 3 through 6 for evaluation criteria [] Yes [] No ~ Not Applicable Ana~h additional sheets if nee~ssary 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 n~cessary 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 Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section - Policies Pages 16 through 21 for evaluation criteria Yes ~] No ~ Not Applicable At~ach 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 IH - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable Atlach 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. 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 ~-] Bio [~ 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 IH ~ Policies; Pages 38 through 46 for evaluation criteria~ [-] Ye~ No [] Not Applicable Atlach additional sheets if necessary WORKING COAST POLICIES Policy I0. 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 Attach additional sheets ifneeess~xy Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section IH - Policies; Pages 57 through 62 for evaluation criteria. ~] Yes ~-] No ~'~ Not Applicable ' Attach additional sheets if necessary Policy 12. Protect agrleultural 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 noCessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section HI - poHeies; Pages 65 throngh 68 for evaluation criteria. [--] Yes ~ No [] Not Applicable PREPARED BY Robert Lehnert TITLE Agent DATE 1- 2 5- 13 COUNt( OF SUFFOLK ~ 111 New York State Department of En ' ~rvation FEi] 1 5 2013 ..~ $imflmld Tam J~oard of ?rustees / qrq_,/2 Thomas C. Jorllng Commissioner ~ /~;t.~l"l"l J~V'(~'qc''l'f- Date: ?~:of~,' fy- ~c ,-~ ~l~ e - i , i - / 3 -~ Based on the info~ation you have submitted, the New York State Department of Environmental Conservation has determined that: Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661) no permit is required under the Tidal Wetlands Act . Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands' j,urisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation ~t.~ .- ....... - · - ........ · -. ...... ~o~. T~-a'~ ~f~tl~and-s--J-u~!~d~ct-ion T*'h~h may result .~ ,3 pro~e~t. Such precaus~ons may znciude maintaining"aa~%~-work area between the tidal wetland jurisdictional boundary and yo~ project (i.e. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hay bale bel~. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary PDrmits or approvals from other agencies. Very truly yours, Deputy Re~ ~h'~ 1 Permit Administrator REPAIR & REPLACE I ~.~ ,, ! EXISTING ' ~ ~,o. "~ ' *~ ~ '*""°~'~" /~ RETAINING WALLS I . 5425 NASSAU PO~T RO~ . ~, ~;,. ~xx,,~ CUTCHOG~,~ . "¢ I /5.. I ~ LE~ERT , X ', ; ONST U TION ~ ~ ' ~ [ ~'~ ~- ~,~,~ , ~," i~ 6700 ~D~CH L~ ~'/, ~TTIT~CK, ~, 11952 Telephone F~ 631-734-2011 631-734-2276 htemet: ~.lehne2cons~ction.com EXIST~G PLOT PLAN ~CALE: 1"=20' DATE: 2-12-13 I m.~y: RWk I i SCALE: AS NOTED I ~o~'~:~'.. ! ~: I 1 ELEVA'll0N$ ARE REFERENCED T0 N.G,V.D. t929 DATUM EXISTING [LEVA'IION$ ARE SMowtq THUS: 200 EXISTING CONTOUR LINES ARE SHOWN TFIUS: ! , 1218 SP-1 I /,, ' REPAIRExiST1NG & REPLACE , ;' I RETAINING WALLS ~ ~ ~ 5605 NASSAU PO~T RO~ } -' ~ ' CUTCHOG~, X ~ ~ ' " V~ S.C.T.M.g 1000 111 13 1 'x , ~VISIONS: DATE: , .,' I . ~ :-~ ~ %:+ ~" ~, -, ~/.oe,~ ~- N~x ~ I I I I [ = , I ~ / LE~RT -- CONSTRUCTION ~ 6700 ~D~CH L~ X ~ ~, ~ ~. .- ~ ~,~TTITUCK,~, 11952 ~ Telephone ~ ,,}~.~:~ ~631-734-2011 631-734-2276 Intemet: ~.le~e~cons~cfion.com SITE PLAN AND A~ TI~ PROPERTY OF BOULEVARD PLA~ING P.C SCALE: ~ "=20' DATE: 2-12-13 DR. BY: RWL SC~E: AS NOTED AfO~ L,~ ! 1. ELEVATIOHS ARE REFERENCED ~0 N.G.VIL I929 DATUM C~: EXISTING ELEVATIONS ARE SHOWN TNUS: 200 I EXISTING CONTOUR LINES ARE SHOWN I"NUS: 20 1217 SP-2 3Jd 33.4 .¸ 36.2 34.2 J4.: X 37.8 ~J7.5 38.$× x JS. 9 39.1 coNC' ? 556.7~' ~ ~N~^~:,,W=,o,Wo, O~ PLAN 5Y~'rEM TO BE 0 ID(I,STING WOOD DECK. TO 18.8' TO~ OP ~BULKHEAD ELEV. + 7. $ pT. I RETAINING WAIJL SECTION 5CAKE: I/2" = I' 0" NEW J" DIA. TIE P-.OD TO BE A~ ~ACHED TO NEW DEADMEN (TYP. OF ALL) ~"'~l INSTALL NEW VINYL v- BULKHEAD MATERIAL ,, ,, NEW 9 DIA. PILES WALES BOLTED TO WALES (TYP. OP ALL) RETAINING WALL DETAII J 5CALE: I/2" = I'-0" REPAIR & REPLACE EXISTING RETAINING WALLS AT THE LEHNERT RESIDENCE 5605 NASSAU POINT ROAD CUTCHOGUE, NY ,-;7;I REVISIONS: DATE: LEHNERT CONSTRUCTION 6700 ALDRICH LANE /VIATTITUCK, NY, 11952 Telephone Fax 631-734-2011 631-734-2276 lnternet: www.lehnertconstruction.com DATE: 2-12-13 DR. BY: R W L SCALE: AS NOrD PROJECT NIJIvfBER 1217 SP-3