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Home My WebLink About1000-123.-8-20.1 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 M~,ILINGADDRESS: P.O. Box 1179 Southold, NYl1971 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 18, 2013 'Re: Proposed Wetland Permit for R.C. KOPF TRUST, F/BIO BRADLEY W. HELIES SCTM#1000-123-8-20.1 En-Consultants on behalf of R.C. KOPF TRUST, F/BIO BRADLEY W. HELIES requests a Wetland Permit to construct approximately 100 linear feet of vinyl bulkhead in place of (and up to 18 inches higher than) existing storm damaged (Hurricane Sandy) timber bulkhead; construct +20' vinyl easterly return in place of (and up to 18 inches higher than) +12' timber return; remove and replace masonry landscape wall landward of bulkhead; remove and replace (as needed) 4' wide wood walkway landward of bulkhead; reconstruct storm damaged ±4.5'x4' wood platform and ±4.5'x9' steps to beach; and re- noudsh 10' wide (and variable) storm eroded area landward of bulkhead with approximately 40 cubic yards of clean sand/loam fill to be re-vegetated with native vegetation and subsequently maintained as a non-turf buffer. Located: 3190 Park Avenue, Mattituck. SCTM# 123-8-20.1 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 is 'CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. 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 A. LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS I. 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 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 all of Southold Town). If any question in Section C on this form is answered "yes" or "no". affect the achievement of the LWRP policy standards and review law. Thus each answer mast be ex detail suoportino facts. If an action cannot be certified as consistent conditions, it shall not be undertaken. proposed action will in the con both and non- LWRP policy standards and A copy of the LWRP is available in the following places: (southoldtown.northfork.net), of Trustees libraries and the Town £ B. DESCRIPTION OF SITE AND SCTM# 123 8 . 20.1 of Southold's website FEB 2 7 2013 PROJECT NAME Bradley W. The Application has been submitted to Town Board [~ Planning Board~] Build Category of Town of Southold agency action (a) (b) (c) Permit, approval, license, certification: Nature and extent of action: Action undertaken directly by Town ag[ncy (e.g. capital construction, planning activity, agency regulation, land transaction) Financial assistance (e.g. grant, loan, subsidy)~1[~ s ~ ~ ~ ~ ~]MARs~,?~,~,- 7 ~o,.~,~2013 ~ Construct approxtmately 100 linear feet of vinyl bulkhead aa place of (and up ,¢ ~8~-t~~stmg storm damaged (Humcane [--] Board of Trustees [~ Sandy) timber bulkhead; construct +/-20' vinyl easterly return in place of (and up to 18" higher than) +/- 12' timber return; remove and replace masonry landscape wall landward of bulkhead; remove and replace (as needed) 4' wide wood walkway landward ofbulkbead; reconstruct storm damaged +/-4.5' x 4' wood platform and +/4.5' x 9' steps to beach; and renourish 10' wide (and var.) storm eroded area landward of bulkhead with approximately 40 cubic yards of clean sand/loam fill to be revegetated with native vegetation and maintained as nontuffbuffer, all as depicted on the project plan prepared by Eh-Consultants, dated February 25, 2013. Location of action: 3190 Park Avenue, Mattituck Site acreage: 25,220 s.f. Present land use: Residential, one-family dwelling Present zoning classification: R-40 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: Trust Under Will ofR.C. Kopf FBO Bradley W. Helies (b) Mailing address: c/o Michael S. Insel, Trustee; Kelley, Drye & Warren LLP 101 Park Avenue, New York, NY 10178 (c) Telephone number: Area Code 631-298-3256 (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? NYS DEC Hurricane Sandy Emecgency General Permit Yes No I I If yes, which state or federal agency? us ACE Nationwide General Pon'mit #3 C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide ali 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. I--lYes ~] 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 [3 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 The project seeks to replace an existing timber bulkhead damaged during Hurricane Sandy with a vinyl bulkhead in the same location and up to 18" higher to maintain the property's historical method of shoreline stabilization and to provide a reasonable increase in protection for the upland property and existing residence against erosion and flooding caused by storm surge. The existing, developed site has been improved with and supported and protected f~om flooding and erosion by a bulkhead since prior to 1997, and there is no viable non-structural alternative means of maintaining and protecting the upland potion of the property in its current location. Without replacement and maintenance of the bulkhead the subject and adjacent properties would be exposed to severe erosion, flooding, and damage to the residential structures located thereon. Therefore the project is consistent with Policy 4. 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 ~ Yes ~ No ~ Not Applicable The project is consistent with Policy 5 to the extent that thc previously existing treated timber bulkhead will be replaced with a bulkhead constructed with vinyl sheathing. 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 Other than the ecological benefit of replacing a treated timber bulkhead with untreated vinyl sheathing and restoring and maintaining the vegetated nonturf buffer landward of the bulkhead, the project will effectively maintain the historically preexisting site conditions without any change in or significant adverse impact on the adjacent unvegetated wetland area or tidal waters of the Town. Therefore, to the extent Policy 6 is applicable to the project, the proposed work is consistent with the policy. 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 [-] NoR 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 Insofar as Policy 9 can be applied to the current project, the project is consistent with Policy 9 because the proposed replacement of the existing structure will in no way impede or preclude public access along the adjacent shoreline. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-depen.dent uses in suitable locations. See LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. [--] Yes ~] No ~ Not Applicable 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 [5~ 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 [5~ Not Applicable Robe~~~ann PREPARED BY TITLEcoa~t~I Management Specialist DATE 2/25/13 Amended on 8/1/05 4' WOOD WALKWAY TO BE REMOVED AND REPLACED AS NEEDED, FEB 2 7 2013 DRIVEWAY 1"=40' 1 ~o00 EX. MASONRY LANDSCAPE WALL TO BE REMOVED AND REPLACED PROP. +20' V~NYL RETURN TO BE CONSTRUCTED IN PLACE OF (AND UP TO HIGHER THAN) EX. +-12' TIMBER RETURN EX. STORM DAMAGED 4..5' WIDE PLATFORM & STAIRS TO BE PROP, +-100 L.F. OF' VINYL BULKHEAD TO BE CONSTRUCTED IN PLACE OF (AN0 UP TO 18" HIGHER THAN) EX. STORM DAMAGED TIMBER BULKHEAD PI~OPO~P IN-PLAO~ I~PL~I~M~I,,K OF 5fORM 12,N~12 IA,ILKHP..AP POl~ 11-11~ 11~f1' UNPI~I~ WILL. OF I~LP.Y W, ~bll~5 ON 6il~^f Pg¢ONIC I~^Y, MAfTll'I.JCK, 51.JF:FOLK 60,, NY 514~1~1' I OF :2 :2/Zf'/ SUCTION THRU PROPOSer? BLLKt~A¢ RUFLACBMBNT ~0" PCCCM~ ' PILBS TITLE NO. 11-7406-25503-SUFF NOTE; Dimension held as 20, 1992 and re~urveyed July 26, 2001 TITLE SURVEY] , UTILITY · POLE FIKE HYDRANT DIST.: 1000 SEC.: 123 BLOCK: 8 LOT: 20.1 TOTAL LOT AREA SQ. FT: 25,220.09 ACRES: 0.5790 GRASS i BLOCK CURB (TYPICAL) GRAVEL DRIVEWAY WATER SUBJECT PREMISES KNOWN AS: LOT #26 ON THE PLAN OF "MAR~ATOOKA PARK" FILED MAP #19, FILED MAY 17, 1914. NOTE: SEE ALSO CERTIFICATE OF ABANDONMENT ~47, FILED JAN. 8, 1936 (LIBER 1 PAGE 108) IN Tile OFFICE OF THE CLEI~K OF SUFFOLK COUNTY, NY ECEIVE FEB 2 7 2013 -, Southold Town B~ard of Trustees 0.96'E ~, THIS SURVEY IS CERTIFIED TO: 1. 2. DF PROPERTY ~ffuATED IN: BULKHEAD RETURN UPDATED 12/13/12 FS5 J SCALE:I"=30' [ JSURVEYED:NOVEMBER14,20111 3190 PARK AVENUE MATTITUCK COUNTY OF SUFFOLK STATE OF NEW YORK UNAUTHORIZE~ ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY,' GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON AND TO THE AS$1GNEE~ OF THE LENDING INSTITUTION. GUARANTEES ARE NOT TRANSTERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. FEHRINGER SURVEYING, P. C. ROBERT FEttRINGER LICENSED LAND SURVEYOR 2200 JACKSON AVENUE SEAFORD, N.Y. 11783 (516) 763 - 5515 FAX NO. (516) 763 - 5525