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Home My WebLink About1000-31.-14-4.5 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cur. 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: April 10, 2013 Re: Proposed Wetland Permit and a Coastal Erosion Permit for RUTH ANN BRAMSON SPOUSAL LIMITED ACCESS TRUST SCTM#1000- SCTM# 31-14-4.5 Costello Marine Contracting Corp. on behalf of RUTH ANN RRAMSON SPOUSAL LIMITED ACCESS TRUST requests a Wetland Permit and a Coastal Erosion Permit to construct 142' of new retaining wall with 10' return at northeast end; fill void area landward with clean trucked-in fill (approximately 275 cubic yards); re-grade area and re-vegetate with native plantings to match existing; existing wood platform and stairs at southwest end to be modified as needed to accommodate new retaining wall. Located: 12042 Route 25, East Marion. SCTM# 31-14-4.5 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 proposed actions are CONSISTENT with the Policy Standards and therefore CONSISTENT with the LWRP. It is recommended that the Board clarify the dimensions of the stair platform. 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. 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 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 shgaid review the exempt minor action list, policies and explanations of each policy contained in tho Town of Southold Local Waterfront Revitalization Program. A proposed action will be ev~_uate? as to its significant beneficial and adverse effects upon the coastal area (which includes a~of Southold Town). If any question in Section C on this form is answered" achievement of the LWRP policy standards and conditions Thus, the action should be analyzed in more detail determination that it is consistent to the maximum standards and conditions. If an action cannot be standards and conditions, it shall not be undertaken. may affect the review law. modified prior to making a practicable with the LWRP policy as consistent with the LWRP policy A copy of the LWRP is available website, local B. DESCRIPTION OF S 31 14 SCTM# AND PROPOSED The Application has been > (check Town Board ~] Planning Dept. ag Dept. MAR 2 5 2013 Soutbold Town ~oafci of Trustees Board of Trustees ~-~ all Category of Town of Southold ~ appropriate response): (a) Action undertaken directly b: (e.g. capital ["-] construction, planning activity land transaction) [--] (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Construct 142' o£new retaining wail with 10' return at northeast end. Fill void area landward with clean trucAed-in fill (approximately 275 cubic yards). Regrade area and revegetate with native planting to match existing. Existing wood plafform and stairs southwest end to be moditled as needed to accommodate new retaining wail. Location of action: 12042 RTE. 25, EAST MARION Site acreage: 0.501 ACRE Present land use: SINGLE FAMILY RESIDENCE Present zoning classification: R-40 RESIDENTIAL LOW DENSITY AA 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: RUTH ANN BRAMSON SPOUSAL LIMITED ACCESS TRUST (b) Mailing address: 139A CHARLES STREET, PO BOX 169, BOSTON, MA 02114 (c) Telephone number: Area Code ( ) 617.720.5473 (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~] No [ I lfyes, which state or federal agency? NYSDEC, NYSDOS, ACOE 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 Our proposal is an attempt o£ the upland proper(y owners to maintain their property. The existing bulkhead ~vas overtopped during the recent storm surges and the area landward o£ the bulkhead washed out threatening the stabiliff of the toe of the bluff. The new retaining wail will provided added protection to the bluff during these surges. Our proposal is reasonable and consistent for the area. Our proposal will not have any effect on the communiO, character or preservation of open space. 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 This property has no significant historic resources. 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 Our proposal is an attempt to maintain the proper~y and to enhance the appearance of the property. The visual quailO, will be enhanced with the new structure. Scenic resources will not be disturbed due to our proposal. 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 Our proposal will not have any influence on the loss of life, structures and natural resources from flooding ~md erosion. The new structure will be in-place of the existing and will run perpendicul~w to the shore. 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 proposal will not have any impact on the water qualiO, or supply of the Town of Southold. Attach additional sheets it 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. Sec LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes ~'~No ~ Not Applicable This proposal will not have any impact on the Town of Southold's ecosystem. Ail construction debris will be contained and MI Best Management guidelines will be adhered to. Aimch additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Sonthold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ['--] Yes [--]No~-] Not Applicable This proposal will not have any impact on the air quality of the Town of Southold. 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 Ili - Policies; Pages 34 through 38 for evaluation criteria. I--lYes 71 No 71 Not Applicable This proposal will not degrade the environment with solid waste or hazardous substances. 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. [--] W[--] NolT1 Not Applicable Our proposal will not limit the public's ability to access coastzl waters, public lands or public resources of the Town of Southold. The proposed retaining wall will be landwazd of the high water mark and will not be on publicly owned lands. 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 lIl- Policies; Pages 47 through 56 for evaluation criteria. [~']Yes ['--] No 71 Not Applicable Our proposal is to construct a new upper retaining wMI. The existing return is f~iling due to the age of the structure and the owner would like to maintain the integrity of the property sad ensure the upland property is properlyprotected. This propertyis generMly used to engage in water-dependent activities such as fishing ~md swimming by the property owner's family. These activities will continue at the site once constrnction is complete. 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 1H - Policies; Pages 57 through 62 for evaluation criteria. [--]Yes ['"-] No[~'] Not Applicable The proposed construction of the new bulkhead return in-place of the existing will have no significant effects on the living marine resources. 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 This proposal will have no impact on the agrtcultural lands in the Town of Southold. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section II1 - Policies; Pages 65 through 68 for evaluation criteria. ~-"]Yes ['--] No ~-] Not Applicable This proposal has no influence on the development of energy or minerol resources. Created on 5/25/05 11:20 AM Rob¢~: Bramso~ 2/20/13 EXlSTINO~ ~E ~ ~S: ~ EXI~NO ~ U~ A~ S~WN TH~: 2. FLO0~ Z~ ~ATI~ T~EN F~ FLO~ ~E ~ MAP ~. 36~0~4 G Z~E ~: ~E ~ ~ATIONS D~RM~ED ZO~ ~: C~ FL~ ~H ~ ~D (WAVE ~E ~O EL~A~S ~RMINED Z~E X: AR~ D~ERMI~D TO ~ ~E ~O-Y~ ~O0~tN. 5. LOT NU~ SHO~ THRU ~0~ REF[~NCED TO ~P ~ ~R SUBDIVISION MADE FOR ~S. CHARLES MOS~CK SURVEY OF PROPERTY $ITUA TED A T EAST MARION TOWN OF SOUTHOLD S.C. TAX No. 1000-51-14-4.4 1000-31-14-4.5 SCALE 1"=20' NOVEMBER 3, 1999 RUTH ~AMS~ ,, ~ / / / / // ~~c. No. 49668 Joseph A. Ingegno Land Surveyor PHOI~ (S16)727-20~0 A~aek~le, Nii Yo~ 11~31 Fox (516)722-5095 S 22'27'42" W