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Home My WebLink About1000-118.-4-3 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. 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: March 15, 2013 Re: Proposed Wetland Permit for CHRISTIAN R. ZIMMER SCTM#1000-118-4-3 Michael A. Kimack on behalf of CHRISTIAN R. ZIMMER requests a Wetland Permit for the existing wood bulkhead (100'+); existing staircase (9':1:), and platform (64+sq,ft,); replace approximately 300sq.ft. deck with 2 benches with pressure treated joists and cedar decking o/e; replace 4'x6'6" staircase to beach with pressure treated buried wood and cedar wood o/e for treads, stringers and railings; replace approximately 80 yards of sand to toe of bank at various locations and against new retaining wall along southerly line (by others); burlap bank and plant beach grass at 1' o/c; repair 3 treads on existing staircase; replace damaged log border to deck as needed; and remove approximately 10 yards of debris. Located: 7525 Nassau Point Road, Cutchogue. SCTM# 118-4-3 The proposed actions have been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southoid 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. The Board issued a permit for the retaining wall and stair in 1993 (Figure 1). Note that the 300 square foot deck was not referenced in the decision or shown on the plans. Further the proposal to replace approximately 300 sq. ft. deck with 2 benches with pressure treated joists and cedar decking, o/e 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. (6) Platforms. [Amended 10-11-2005 by L.L. No. 17-2005; 10-9-2012 by L.L. No. 12-2012] (a) Platforms associated with stairs may not be larger than 100 square feet. [Amended 1-29-2013 by L.L. No. 1-2013] (b) Platforms may not exceed 200 square feet and must be landward of the top of bluff. Board Of Southold Town Trustees $OOlt40LO, NEW YOI~ L~Ufd) 10 .'OXN TOBy.IN ~N wm~s Wt~r~RGOF, The ~W ~ e~ Tr~ee~ I~ Figure 1. 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 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 Consbtency 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.drea. 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 ail 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- supporting 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 website (southoldtown.northfork.net), the Board of Trm local libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION / The Application has been submitted to (check appropriate response): TownBoard [--] Planning Board F--] Building Dept. [] Board og Trustees 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken di~ctly by Town agency (e.g. capital coustmction, planning activity, agency regulation, land transaction) Co) Financial assistance (e.g. grant, loan, subsidy) at the Town of Southold ' s FEB - 4 7013 ail AR - 7 2013 Southoid Town i--"-~ Plaoning Board (c) Permit, approval, license, certification: Nature and :~e~of Site acreage: ~, ~ ~ Present l~d use: ~~/~ . P~ent ~g clmsificafion: ~~ ~ If ~ application for ~e proposed action ~ been filed ~ ~e Tom of Sou~old agency, ~e folloMng i~o~afion sh~l be provided: (a) Nme ofapplic~t: ~/~ ~) M~ling address: (c) Telephone number: Area Code ( ) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~2] No[--] Ifyes, which state or federalagency? ~('Y3-J~,~fC//.df~--~ 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 IH -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 IH - 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 71 yes [] No Rq Not Applicable 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 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 ~7~ 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. ~ Ye~ No [--~-Not Applicable 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. [w~ Yes [-~ No ~ Not Applicable Attach additional sheets if necossary Policy I1. 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 [] N0~_ 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 H/L"~-A~. /~//~,d)~ TITLE /Q~ DATEI/~/~ Board of Town Trustees Town of Southold Application for permit under Chapter 275 - Wetlands and Shorelines For: Zimmer property: 7525 Nassau Point Road, Cutchogue, N.Y. 11935 275-6 Application responses as numbered: (1) See authorization form attached (2) Schedule: Removal of debris, replacement of the deck with benches, the staircase and wood posts, repair of the steps and rebuilding the toe of the bank and against retaining wall along southerly line would take approximately 3 weeks after receipt of the permit to proceed (3) Purpose: to replace in kind the deck with benches, staircase to beach, wood posts,repair damaged treads on existing staircase and rebuild toe of bank and against retaining wall with sand and replant toe with beach grass as a result of hurricane Sandy. (4) A minimal amount of material may need to be removed (10 yds. +/-). Placement of the sand would be about 80 yds. see site plan for replacement of damaged structures. (5) Standing on the bank in photo #1 and looking southerly. Standing on the bank in photo # 2 and looking northerly across the slope. Standing on the platform for the staircase in photo #3 and looking northerly. Standing on the bank to the south of the landing in photo #4 and looking toward the beach. (6) The material depth at the bank's toe would be about 2-3 feet at the deepest point and approx. 5 feet at the retaining wall. The angle of repose of the existing bank is approx. 30 degees. (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 new survey attached. (9) See wetlands application data sheet (10) The existing wood bulkhead was replaced with the prior owner of the property. A permit was issued to repair the so-called retaining wall which is the bulkhead. There existing landing,staircase and a smaller deck was shown on an earlier survey dated Aug.16,1997. (11) There had been no permits previously issued for the proposed work. (12) The site has not sustained significant erosion damage. The replacement of sand and beach grass would not create any significant erosion problems. (13) See current photos attached (14) N/A (15) See owner affidavit (16) See ethical disclosure statement (17) See false information statement (18) See Local waterfront revitalization program consistency assessment A. See filing fee attached N SURVEY OF LOT 57 'AMENDED MAP 'A' OF NASSAU POINT' FILED AUG. 18, 1922, FILE NO. 156 AT NASSAU POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. AREA = 38,970 lo tie lines ANY ALTERATION OR ADDITION TO THIS SURVEY IS A [ROI_ANON OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW, EXCEPT AS PER SECTION 7209-SUBDI~SION 2. ALL CERTIFICATIONS HEREON ARE VAUD FOR THIS MAP AND COPIES THEREOF ONI Y IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE S/DNA TURE APPEARS HEREON. ' so~ ~~ 49616 (6J1) 765-5020 FAX (6J1) 765-1797 P.O. BOX 909 12J0 TRAVELER STREET SOUTHOLO, N.Y. H97! 13--110