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HomeMy WebLinkAbout1000-90.-2-18 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 SOUTFIOLD 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 JOHN MONTOYA SCTM#1000-90-2-18 Permits for the deck or stairs were not found. En-Consultants on behalf of JOHN MONTOYA requests a Wetland Permit to construct a -+66' Iow- profile vinyl groin in-place of existing :1:79' timber groin; construct approximately 101 linear feet of vinyl bulkhead in-place of and approximately 6" higher than existing timber bulkhead; stabilize and repair existing 15'x30' deck as needed, and remove and replace adjacent +3.5' wide existing stairway down embankment; remove and replace existing +5'x6' platform and +4'x7' steps to beach; and backfill with approximately 300 cubic yards of clean sand/loam fill to be replanted with native vegetation to restore storm eroded naturally vegetated embankment landward of bulkhead. Located: 750 Cedar Point Ddve East, Southold. SCTM# 90-2-18 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 proposal to construct a _+66' Iow-profile vinyl groin in-place of existing +79' timber groin; construct approximately 101 linear feet of vinyl bulkhead in-place of and approximately 6" higher than existing timber bulkhead; stabilize; and backfill with approximately 300 cubic yards of clean sand/loam fill to be replanted with native vegetation to restore storm eroded naturally vegetated embankment landward of bulkhead repair is CONSISTENT with the LWRP. Further, it is my recommendation that the proposal to repair existing 15'x30' deck as needed, and remove and replace adjacent +3.5' wide existing stairway down embankment; remove and 'replace existing :1:5'x6' platform and :t:4'xT' steps to beach is INCONSISTENT with LWRP Policies 6.3 (below) and therefore, INCONSISTENT with the LWRP. 6.3 Protect and restore tidal and freshwater wetlands. · Town of Southold A. INSTRUCTIONS I. A ll applicants f0r perm [Is* includingT0wn0fS0uth0ldagencies,shallc0mpIetethisCCAF for proposed actions that are subject to the Town of S0nth01d ~' aterfr0nt C 0nsistency Review,' Law. This assessmentisintendedt0supplement0therint'nrmati0nusedbyaT0wn0fS0uth01dagencyin m a k i n 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. 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- suvvortine 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 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. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 90 2 18 PROJECT NAME JonnMontoya The Application has been submitted to (check appropriate response): TownBoard [~] Planning Board [--] BuiidingDept.~] BoardofVrustees[]~ 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) MA'( - 3 ?_Or3 (c) Permit, approval, license, certification: Nature and extent of action: Construct */-66' low-profile vinyl groin in place of existing +/-79' timber groin (most seaward +/-13' to be permanently removed); construct approximately 101 linear feet of vinyl bulkhead in place of(and approximately 6" higher than) existing storm damaged (Hurricane Sandy) timber bulkhead; stabilize and repair existing 15' x 30' deck as needed and remove and replace adjacent storm damaged +/-3.5' wide stairway down embankment; remove and replace storm damaged +/-5' x 6' platform and +/-4' x 7' steps to beach; and backfill with approximately 300 cubic yards of clean sand/loam fill to be replanted with native vegetation to restore storm eroded naturally vegetated embankment landward of bulkhead to pre-storm conditions, all as depicted on the project plan prepared by En-Consultants, dated April 23, 2013. Location of action: 750 Cedar Point Drive East, Southold Site acreage:. 0.5857 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: John Montoya (b) Mailing address: 70Great Oak Road Manhasset, NY 11030 (C) Telephone number: Area Code 516-532-0344 (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 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. 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 ~ 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 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 See attached 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 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 JOHN MONTOYA 750 CEDAR POINT DRIVE EAST SOUTHOLD, NY SCTM #1000-90-2-18 LWRP CONSISTENCY ASSESSMENT FORM Policy 4. The project seeks to replace an existing timber groin with a shorter, lower profile vinyl groin in the same location and 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. Since prior to 1960, the beach has been stabilized by the subject and neighboring groins and the subject upland has been improved with and supported and protected from flooding and erosion by a bulkhead. There is no viable non-structural altemative means of maintaining and protecting the upland portion of the property in its current location, as without replacement and maintenance of the bulkhead, the adjacent upland properties would be exposed to severe erosion, flooding, and damage to the residential structures located thereon. Additionally, the fetch and exposure of this location to the bay warrants the continued use of the groin to slow and trap the predominately west to east migration of sand, where vegetation is not a practical beach retention method. However, the replacement groin is designed to the minimum scale necessary, as the existing +/-79' structure will be replaced with a 66' structure terminating at low water; and the existing groin height will be lowered to a low-profile design. Theretbre the project is consistent with Policy 4. Other than the ecological benefits of replacing a treated timber bulkhead and groin with untreated vinyl sheathing and restoring and maintaining the naturally vegetated embankment as a nonturf buffer, 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. The project does also include the permanent removal of the most seaward +/-13 linear feet of the existing groin, thus removing structure from the subtidal zone. 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 ~]No[~ 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 Ill - Policies; Pages 34 through 38 for evaluation criteria. 51Yes [--1 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 51 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 bulkhead will in no way impede or preclude public access along the adjacent shoreline, and the height of the shortened groin will be reduced to a Iow-profile design, thus enhancing public access along the shoreline both over and around the groin. Attach additional sheets if necessary WORKING COAST POLICIES ' 'PO. li~y 10. Pro. tect Southold's water-depende.n.t .uses and promote siting of new wa[er-dependent uses in suitable locations. See LWRP Section III - Pohcles; 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 [~ 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 Rob nn TITLE Coastal Mgmt. Specialist DATEApri123, 2013 Amended on 8/1/05 ~lnoS STORM ERODED EMBANKMENT TO ADJ. STORM DAMAGED BLKHD. (SEE APPLICATION BY VIOLETT) APPROX. 101 L.F. OF VINYL BULKHEAD TO BE CONSTRUCTED IN PLACE OF (& APPROX. 6" HIGHER THAN) EX. STORM DAMAGED (HURRICANE SANDY) TIMBER BULKHEAD VEGETATED RENOURISHED & REVEGETATED EX. DECK TO BE STABILIZED & EPAIRED iN-PLACE AS NEEDED EX. STORM DAMAGED STAIRS, PLATFORM & STEPS TO BE REMOVED &: REPLACED _.+13' SECTION OF GROIN~. TO BE PERMANENTLY REMOVED 'x PROPOSED 66' LOW-PROFILE, VINYL GROIN TO BE CONSTRUCTED IN PLACE OF EX. +79' TIMBER GROIN PI~OPOCP 13LLI(YII~AI? 4t',lP 6~.OIN t~PLAQ~NI' FOt~ JOHN MONfOYA ON blflLt~ PP-CONIC BAY, ¢Ol.trHObP, 5L~PO~K COUNTY, NY ~B~TI~N ~RU IN-PLACB ~SL]LKHBA[2 ~, dP, O!N P, BPL. AdBM~NT' 'I ')IOP,M ~P,(?~Eg NAFURALi v 'v~c(~ETAIFcF? IEMBANKM~'ql 1(7 ~B P,RNOIJFFlq~F~ ~¢ RI VROIR &11 C? N Pi Ar,i: OP IfXi';r !N& Z/? I IMf;f R x,, ~, 4" iI PROP VINYl F~I.KHP ' fORM rJA~ADB['; rIMrCP, PL~ KHt~ ~1/©" ~ll ~:41 ViNYl *sJP. A'.H N~;* × I~; Pll!c &;' VIN/Y1 JOHN MONTOYA~ 750 CEDAR POINT DRIVE EAST, SOUTHOLD Figure 1. Looking northeast after Hurricane Sandy at storm damaged timber bulhhead to be removed and replaced with vinyl bulkhead Figure 2. l~ooking northwest after Hurricane Sandy at storm damaged timber bulhhead to be removed and replaced with vinyl bulkhead. JOHN MONTOYA~ 750 CEDAR POINT DRIVE EAST, SOUTHOLD Figure 3. Looking north after Hurricane Sandy at storm damaged bulkhead, stairway, platform, and steps to be removed and re- placed; at deck to be stabilized and repaired; and at storm eroded embankment to be renourished and revegetatevL F~gure 4. Looking south over embankment to be restored and at existing groin to be replaced with shorter, low-profile, vinyl groit~ JOHN MONTOYAx750 CEDAR POINT DRIVE EAST SOUTHOLD Figure 5. Aerial view of subject property and bulkhead in 2006. Photo by Google Earth. Figure 6. Aerial view of subject property and bulkhead in 2012 prior to Hurricane Sandy. Photo by Microsoft Corporation. SURVEY OF LOT 104 "SUBDIVISION HAP OF CEDAR DEACH PARK" FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY DEC. 20, Iq2~ A~ HAP NO. qO ~FOLK ~%, ~ E~LIRVE"C'EP: MAC 26, 2006 UPDATEP: APRIL ~, 201~ APRIL 2~, 201~ ~UFFOLK COUNT'¢ TAX I000- qO- 2- 15 ~OHN MOIqTOYA N · i' E 23 NOTES: HONUHENT FOUND 25~514 S. f. 0.5857 Acres ®RAPHIC SC, ALE JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STRF_,ur N.Y.S. LIC. NO. 50202 RIVERHBAD, N.Y. 11901 369-8288 Fax 369-8287 Rl~.C:\User&lohn~DmpboxV)SV)Sq)8-157.pm