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Home My WebLink About1000-90.-2-17 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. 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: May 14, 2013 Re: Proposed Wetland Permit for REVOCABLE TRUST F/BIO ELLEN M. VIOLETT SCTM#1000-90-2-17 A permit was not found for the 3'x'22' stairs. En-Consultants on behalf of REVOCABLE TRUST F/BIO ELLEN M. VlOLETT requests a Wetland Permit to construct approximately 100 linear feet of vinyl bulkhead and +5' vinyl return in-place of and approximately 6" higher than existing timber bulkhead and return; remove and replace existing 3'x+22' stairway and landings as needed; construct 3'x+8' steps to beach in-place of existing steps; backfill with approximately 25 cubic yards of clean sandy fill; and restore and replant with native vegetation any disturbed portion of the adjacent naturally vegetated embankment to be maintained as a non-turf buffer. Located: 650 Cedar Point Drive East, Southold. SCTM# 90-2-17 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 to construct approximately 100 linear feet of vinyl bulkhead and _+5' vinyl return in-place of and approximately 6" higher than existing timber bulkhead and return; construct 3'x-+8' steps to beach in-place of existing steps; backfill with approximately 25 cubic yards of clean sandy fill; and restore and replant with native vegetation any disturbed portion of the adjacent naturally vegetated embankment to be maintained as a non-turf buffer are CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. It is recommended that the proposed action to remove and replace existing 3'x:l:22' stairway and landings as needed is INCONSISTENT with Policy 6.3, A, 1. A permit for the structure was not found. 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 L ~ LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS ~ 1. A Il applicants f0r perm its* including T 0w n 0f S0uth01d agencies, shaII c0 etethis CCAF f0r proposed actions that are subject t0 the Town 0t S0uth01d W aterfr0nt C 0nsistency Review Law. This assessment is intended to supplement 0ther inform ati0n used by a T0wn of S0uth01d agency in m a k in g a d ete r m in a ti0 n 0 f c 0 n s is t e n c y. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. 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", 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- su~0ortin~, facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCIM# 90 A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. RECEIVE APR 2 3 2013 Seuthold Town Board of Trustees DESCRIPTION OF SITE AND PROPOSED ACTION 2 17 PROJECT NAME Revocable Trust F/B/O Ellen M. Violett The Application has been submitted to (check appropriate res TownBoard ~l PlanningBoard[-~ BnildingDept. Category of Town of Southold agency action (check appropriate response): (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) MAY - 3 2013 (c) Permit, approval, license, certification: Nature and extent of action: Board of Trustees Construct approximately 100 linear feet of vinyl bulkhead and +/-5' vinyl return in place of(and approximately 6" higher than) existing storm damaged (Hurricane Sandy) timber bulkhead and return; remove and replace existing 3' wide staitwvay m~d landings as needed; construct 3' x +/-8' steps to beach in place of storm destroyed steps; backfill with approximately 25 cubic yards of clean sandy fill; and restore and replant with native vegetation any disturbed portion of the adjacent naturally vegetated embankment to be maintained as a nonturf buffer, all as depicted on the project plan prepared by En-Consultants, dated April 15, 2013. Location of action: 650 Cedar Point Drive East, Southold Site acreage: 0.5789 acres 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: Revocable Trust F/B/O Ellen M. Violett (b) Mailing address: c/o Ellen M. Violett, Trustee 230 East 50th Street, New York, NY 10022 (C) Telephone number: Area Code 212-688-6869 (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 federal agency?NYS DEC Hurricane Sandy GP USACOE Nationwide Permit No. 3 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 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 ~ NotApiticable The project seeks to replace an existing timber bulkhead damaged during Hurricane Sandy with a vinyl bulkhead in the same location and ~/-6" higher to maintain the property's historical method of shoreline stabilization and to provide a reasonable increase in protection for the upland property against erosion and flooding caused by storm surge. The existing shoreline has been improved with and supported and protected fi.om flooding and erosion by a bulkhead since prior to 1970, and there is no viable non-structural alternative means of maintaining and protecting the upland portion of the property in its current location. Without replacement and maintenance of the bulkhead, the adjacent upland properties would be exposed to severe erosion, flooding, and dmnage 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 I11 - Policies Pages 16 through 21 for evaluation criteria [~ Yes [~ No [~ ]Not Applicable The project is consistent with Policy 5 to the extent that the 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 th~n the ecological benefits of replacing a treated timber bulkhead with untreated vinyl sheathing, and maintaining the naturally vegetated embankment behind it, the project will effectively maintain the historically preexisting conditions along this portion of bulkheaded shoreline without any change in or significant adverse impact on the adjacent unvegetated wetland area or tidal waters of the Town. lherefore, 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 II1 - Policies Pages 32 through 34 for evaluation criteria. [~ Yes [~ho[~ 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 Southoid. 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-dependent suitable locations. See LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. 1--] Yes ~ No [~ Not Applicable uses in 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. ~1 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 PREPARED BY ~~- Robert E. Hcrrmann ~ TIT L E coastal Mgmt. Specialist DATEApril 18, 2013 Amended on 8/1/05 REV. TRUST F/B/O ELLEN M. VIOLETT_~650 CEDAR POINT DRIVE EAST, SOUTHOLD Figure 1. Looking northeast after Hurricane Sandy at storm damaged timber bulkhead to be removed and replaced with vinyl bulkhead Figure 2. Looking northwest after Hurricane Sandy at storm damaged timber bulkhead to be removed and replaced with vinyl bulkhead REV. TRUST F/B/O ELLEN M. VIOLETT~ 650 CEDAR POINT DRIVE EAST~ SOUTHOLD Figure 3. Looking north after Hurricane Sandy at storm damaged timber bulkhead to be removed and replaced with vinyl bulkhead; at stairway to be replaced as needed; and at location of storm destroyed beach steps to be reconstructet~ Figure 4. Aerial view of subject property and bulkhead prior to Hurricane Sandy. Photo by Microsoft Corporatiota 3' WIDE STAIRS AND RMS TO BE REMOVED & REPLACED NEEDED AppR0 3' x _+8' STEPS TO REPLACE STORM DESTROYED 1" = 40' LJTTL£' PL~CON/C ~A Y /~OOL L EN-CONSULTANTS 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 631-283-6360 EX. CHAIN LINK FENCE BE REMOVED 8[ REPLACED ADJ. STORM DAMAGED BLKHO, APPLICATION BY MONTOYA) +5' TIMBER RETURN TO BE -REMOVED & REPLACED WTH VINYL RETURN APPROX. +I00 L.F. OF VINYL BULKHEAD TO BE CONSTRUCTED IN PLACE OF (AND +6" HIGHER THAN) EX. STORM DAMAGED (HURRICANE SANDY) TIMBER BULKHEAD PI~OPO~P BLLI(klP.412 I~PL.~I~MP. NII' POI~ I~V, l'lqJSf P/B/0 ~LLJ~N M, VIOLP. TT ON LIT11.I~ PP-CONIC BAY. 5OUfHOLP, 5UPPOL. K CO,, NY ~[~fl OF 2 ~r/l~/l~ THRU IN-PI. ACB BLJLKHBAI2 ~PL-ACBMBNT Z-s I ' ' I LO I *_.sa I '1 2 EN-CONSULTANTS 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 631-283-6360 PROF'O.f:f.P I~LI. Iq-fP. AI2 I~.FL/~'~MENT FOR I~.V, I'DJST P/1~/0 ULLEN M, VlOLBff ON LIT1%B F'BCONIC PAY. .f:OUI'HOtP, .qJPPO~K CO,, NY .q'~Bf 20P 2 4/1~/1~ SURVE"r' OF LOT IO5 "50BDIVIEION HAP OF CEDAR BEACH PARK" FILED IN THE OFFICE OF THE CLERK OF: SUFFOLK COUN1"r' DEC. 20, Iq23 AS HAP NO. qo 51TUATE.. BA'I'VIEI~I ~:~=OLK COUNTY, NY SURVE'YEP= JAN. I&, 2OlD SUFFOLK COUNTh~ TAX IOOO- clO- 2- Iq ~ J .~ M. VIOL~rI' SouthCd Town Boar¢ ~1 Trustees N S / I / / / / / / / / NOTES: 0 t~OOL · MONUI'4ENT FOUND ELEVATIONS R~F. N®VD '2q DATUH Ac~c~ = 2D,21D S. F. Arao : O.5~8q Acres ®P-.APHI E, SCALE I"= JOHN C. EHI.ERS LAND SURVEYOR 6 EAST blAIN S'T~-~cl' N.Y.S. LIC. NO. 50202 RFv'ERHE.aA), N.Y. 11901 369-8288 Fax 369-8287 REF. CAUsexs~John~_nt~ox~l 3\13-102.pro