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HomeMy WebLinkAbout1000-57.-1-33 ~pF SO!/r~, MAIL[NG ADDRESS: OFFICE LOCATION: O~ O Town Hall Annex ~ ~ P.O. Box 1179 54375 State Route 25 ~ ~ Southold, NY 11971 (cor. Main Rd. & Younga Ave.) G Q Telephone: 631 765-1938 Southold, NY 11971 ~ • ~O 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: August 19, 2013 Re: LWRP Coastal Consistency Review for ELIZABETH R. CLANCY SCTM# 1000-57-1-33 En-Consultants on behalf of ELIZABETH R. CLANCY requests a Wetland Permit to construct approximately 120 linear feet of vinyl retaining wall landward of tidal wetlands boundary and backfill with approximately 25 cubic yards of clean sand/loam fill to be trucked in from an upland source; and construct +/-4'x2' steps to beach. Located: 1150 Blue Marlin Drive, Greenport. SCTM# 57-1-33 The proposed action has been reviewed to Chapter 268, Watertront 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 LWRP provided that: 1. The Board considers requiring a vegetated buffer landward of the new bulkhead. 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 ~ / Tot~n oi`Southold ~ J~~~~ LWRP CONSISTENCY ASSESSMENT FORM ~ \ ~xo Y~ / A. INSTRUCTIONS L A II applicants for p¢rm its' including T ow n of S outhold agencies, shall com plcte this C C A F for proposed actions that are su6joctto the Town of Southold W atcrfronlConsistcncy Rcuicw Law. This asscssm ent is intended to supplcm cnt other inform anon us¢d by a Tow n of Southold agency in m a k i n g a d e t c r m i o a t i o n o f c o n s i s i c 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 Townl. 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 exalained in detail, listine both suaaortine and non- suaaortine 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. D ~ C ~ 8 V B. DESCRIPTION OF SITE AND PROPOSED ACTION $CTn'I# 57 I _ 33 D JUL 2 5 2013 PROJECT NAME Elizabeth 2. Clanc out old own The Application has been submitted to (check appropriate response): Town Board ? Planning Board ? Building Dept. ? Board of Trustees 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) ? AUG - 92013 (c) Permit, approval, license, certification: Nature and extent of action: Construct approximately 1201.f, of vinyl retaining wall landwazd of tidal wetlands boundary and backfill with approximately 25 cubic yards of clean sand/loam fill to be trucked in from an approved upland source, and construct +/-4' x 2' steps, as depicted on the project plan prepared by En-Consultants, last dated July 22, 2013. _v 1 t Location of action: 1150 Blue Marlin Drive, Southold Site acreage: 0.43 acres Present land use: Residential, single-family dwelling. Present zoning classification:R-40 2. 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: Elizabeth Clancy (b) Mailing address: to Holder Place Forest Hills, NY 11375 (c) Telephone number: Area Code718-544-0849 (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 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 ®NotApplicable 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 ? Not Applicable The project seeks to prevent and minimize potential loss and damage from flooding and erosion by employing use of a hard stabilization structure, a vinyl retaining wall, only where a vegetative or other non-structural approach to controlling ongoing erosion is not viable. Specifically, the property is located between two adjacent bulkheads, and the vegetated marsh fronting the subject property has been severely eroded during significant storm events of the past several years, most recently during Hurricane Sandy. The structure has been designed [o the minimum scale necessary and will have no adverse impact on jacent properties, which are bulkheaded, or to natural coastal processes and natural resources, as the retaining wall will be loc landward of the intertidal zone and tidal wetlands boundary and will be predominantly buried in the adjacent upland soils. There ore, the wall will not displace, disturb, or otherwise adversely impact the vegetated wetlands and in fact will allow the remaining high marsh and adjacent ea vegetation the opportunity to continue providing a natural defense against flooding and erosion for as long as it is able to sustain itsel . owever, in the event that the vegetated slope is ultimately lost entirely to erosion, the upland portion of the property and residentia s ctures located thereon, which aze located between two adjoining bulkheads, will be protected by the proposed retaining wall. 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 Insofaz as Policy 5 is applicable to the project, the project is consistent to the extent that the proposed retaining wall will be constmcted 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 1'lie project seeks to prevent and minimize potential loss and damage from flooding and erosion by employing use of a hard stabilization structure, a vinyl retaining wall, only where a vegetative or other non-structural approach to controlling ongoing erosion is not viable. Specifically, the property is located between two adjacent bulkheads, and the vegetated marsh fronting the subject property has been severely eroded during significant storm events of the past several yeazs, most recently during Hurricane Sandy. The structure has been designed to the minunum scale necessary and will have no adverse impact on the adjacent properties, which aze bulkheaded, or to natural coastal processes and natural resources, as the retaining wall will be located landward of the intertidal zone and tidal wetlands boundary and will be predominantly buried in the adjacent upland soils. Therefore, the wall will not displace, disturb, or otherwise adversely impact the vegetated wetlands and in fact will allow the remaining high marsh and adjacent area vegetation the opportunity to continue providing a natural defense against flooding and erosion for as long as it is able to sustain itself. However, in the event that the vegetated slope is ultimately lost entirely to erosion, the upland portion of the property and residential structures located thereon, which are located between two adjoining bulkheads, will be protected by the proposed retaining wall. Therefore, the project is consistent with Policy 6. 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 S. 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 The project is located entirely landward of the intertidal zone and tidal wetlands and therefore will not impede public access to or along the shoreline. Attach additional sheets if necessary WORKING COAST POLICIES lsolicy ~0. Protect Southold's water-de endent uses and promote skiing of new water-deQendent uses in suitable locations. See LWRP Section III -Policies; Pages 47 through 56 for evaluation crtteria. ? 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 TLE coastal tvlgmt. specialist DATE~uIy z3, 2013 Robert E. He ann Amended on 8/1/05 - ~ _ _ ~~c~~ ~ , P e ' ~ w. i . _ P . , _ _ ~~hl ~ ~ l p 4 9 f ~ I~. / 3 P r n ~ l II"" V \ p3v ~ p. SOUNO ~5?"' ~~P >tl ~e aECnoaxo COUM~"OF SUFFOLK © e ° 57 _ _ ~ MOr FrOp9N Ty.8HNmN» . A Sldf'ak Cael4i Nac~trm Map 44 D ~ ~ ~ ~ W ~ ~ I -+Z~ ~ D JUL 2 5 2013 R~ .y-. outhoid Tnwn r f Tr ~ ' ~ ~ L JI r . _ . ~ k.. MARLIN DRIVE ~ ~ r ' = suv.~ci nr~~rY>" ' ~ 1c+t I. Pw~:Stabiaccoswldudad (IarAvad d'tidal weAads barday) 3. Reiawq waN to be rariztructed of vn~ siraihtrq ~ ad pressae treated s6vchr~ #llbers: all 1 = 3 0 ~ ~ 4. Pppra. 25 sad/ ban fd traded n fran `Y 37 al uplad Sarre ad used as baekfll ,a„ 5. Plal ald aosvbw dlafallz ae sdnlaGc n r~ z refire and ae Mercled aiy #a estaFAlsh pro)cct m ~ - b:ataon, snipe, ad bast coriztrudm detail fa 1 gD, F - P~^ P+Wses ad ae rot Maded to ~ttcv~ ~Y ~ save as a albsGh~Fe fa agreerYq a C 9p ~ ral5trudbn plat, fa mrlStnrGan plrpves 6. Project baFbrc 1150 E9ue Male t7rNe, OECk ~ aadldd; SLiM No.1000-5~-I-33 s z t63 s~ ~ o t65' APPRO%. LIMIT OF DISTURBANC~BACKFILL ct. ~ X. OGE DF LAwN dw 9 5 ew ti 1 PROPOSED ~ iWB +4' x 2' STEPS ' _ ~ w -ya _ _t~ }.d _ BLKHD = T- • .r W W NY w W W VINYL W PROP. ±120' VINYL RETAINING `HALL _ - A0.1. BLKH W W W W ~ W AHW ~ EDGE OF ERODED MARSH - - PE.CONIC PaY ~W . - Pt;Op05~f7 STAINING WN.I. ~0~ ~UZA~TN CQ-ANCY ON SOUTNOI.D 13AY, 501,1CI~IOI.t7, 5u~~01.K CO., NY SN~ET 10~ 2 22/ 13 S~CrION 11~IpU ppOpOS~b VINYL. I?~TAINING WALI. - io~ 5----±ES~ t ~a. ( nr~Aa~ nisru G ~ r~ac ~ zy ~4~ F~oP srai~s 2" fIMf3EIZ CP!' 9" x b" f0!' G,AMF EX.G~k _ . bo ~ 6~. ~NJ e 2. _ 6~~ WPi.ER + 10' EX.GKNh 8« Lnno ~ ~h ~ w _ o . o~~ 8" DEN7 I'FOFO~D VIN11, ~f. WPLL C10P EL-- +6.5)' Vl [p Rt ~ 10" x 12' FILES S' ~ ~ 76 119" ~ 9" x 10' VINri SFEAMMG ~~rv0 N~~~ ~g~~ a ~ ~~~z N~o~ wg~~ o~~ - S.C.T.M. N0. DISTRICT: 1000 SECTION: 57 BLOCK: i LOT(S): 33 MARLIN DRIVE EL 6.3 EL 7.5 ASPHALT ASPHALT APRON APRON EL 6.3 11 ~.~Q' LIL/~10 n ~~~0~~ 9 N74° '2~"E ~~JnS~ EL 8.0 J U L 2 5 2013 sT Southold Town 02P ~ T e ~~Pi LOT 12 U1 9J- 0 p p rr EL 8.5 m~3 LOT 13 LOT 11 35.0' r L 8.1 TS 8' ~o` 37 ~ ~ 1J 4' ~"r C,gFR M. 10.7' n• h OVERHANG ^i Op g3F Z 0. ? Sly J ry ~ ~ Owe~L/N M, vim' ~ ~ o 9.3 20.0' cWi T.3 T' w O Jq.~~ EL 8.0 Y ~F' RNr p EL 7.1 CK o z Q)' ~'p z e Wp ° x r~ °0 oe rr CK v Z 11.8' ~ EL 7.5 EL 7.0 EL 6.5 Cn L 6.9 EL 7.6 TI AL WETLANDS BOUNDARY AS DELINEATED BY EN-CONSULTAN75 W WETLANDS FLAGGING MAY 19, 2013 EL 6.4 OF IpWN BW 5 5 1.2'w EL 6.2 EDGE 7W 7.7 EL 6.0 BW 6.2 q ~ EL 4.1 EL_3.7 EL 4.0 _ -r ~ 7W 7.7 dIEL3.9 BW2.5 HEAD ELF--r-. ~ f• 7W 7.7 VINYL BULK 0.7'w • . ` . • . • . • . • . • . . • . + . _ .TOP EL }.}i)`- - - - - e. TW 8.2 • • • • • - - - (TOE EL 2.51. • iW 8.2 BW 2.9 • • • • • • • • _ - MHW EL 2.5• 11,7.61' EDGE OF ERODED MARSH - - - - - - - - - S70T128NE)0„ry1 0 ~ ML-W EL 0 PECONIC BAY TH£ WATER SUPPLY, WELLS, ORYW£LLS AND CESSPOOL LOCH IONS SHOWN ARE FROM FIELD OBSERVATIONS AND OR DATA 08TH/NED FROM OTHERS. AREA: 18,744.09 SOFT. or 0.43 ACRES ELEVATION DATUM: nuVD_1988 UNAUTHOR/ZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF 1Hf NEW YORK STATE EDUCATION LAW. COPIES OF iH/S SURVEY MAP NOT BEAR/NG THE LAND SURVEYOR'S fMBOSSEO SEAL SHALL NOT Bf 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 1771E COMPANY, GOVERNMENTAL AGENCY AND LENDING INST/7UTlON LISTED HEREON, ANO 70 THE ASSIGNEES OF THE LENDING INST/TUTION, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARf FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO CUIDf THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS AND/OR SUBSURFACE STRUCYURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY ENDENT ON THE PREMISES AT THE TIME OF SURVEY suRVEV oE: LOT 12 CERTIFIED T0: ELIZABETH CLANCY• MAP oE: SOUTHOLD SHORES AT ARSHAMOMAOUE EILEp; MARCH 2, 2001 No.3853 SITUATED AT: SOUTHOLD TowN oF: SOUTHOLD KENNETH M 110YCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Deeian ~r P.O. Box 153 AqueboQue, New York 11931 FILE # 13-77 SCALE: 1 "=20' DATE: MAY 21, 2013 PHONE (091)298-1686 FAX (891) 296-1666 N.Y.S. LISC. NO. 050882 melnlalnin~ Ue records of Robert 1. Hennessy k Kenneth M. eoychulc ELIZABETH CLANCY 1150 BLUE MARLIN DRIVE SOUTHOLU ~ . . ~ r x, R' i C ~fiJl X~~~55``44 t 1- ~ ~ ~ fi k a t~ ~ F r. ~n ~i ~ ~ f' { 4 ~ ~ i~ is , ~ Fr ~ =~9ri ~,f ~y~'~~~I t~ {I~t t 1~ ~ kj ~ ~91 ~~i~ i i 'IFIi ~ i 6*+~ .-R f ~~~f~~ ~~f~ H ~ 1 frr I.~: ~J~~ d31 ~1 _ Vii, ~ 1 a rte 'fib " t r. ~ 't 1 ~ ,~.~-s.- ~ i, ~ , ~ ~ ems." z t~ery ~ ' -v' y ~ <:a ' r~T r ,yam i Sk. i e `~e ~ Figure i. Looking west along evaded marsh edge (adj. bulkhead to eusl i?t foreground). - ~ i ry ~'l /3Jk F ) ~-~P l I { ~Y ' - r ~ r~ `.~yfx ~ Ott t+~ry~: J U i ? ~ 2013 tc ~`~,'t t i j:. ~ ~ ~-Southold Town Avg ~ ~ ~ ~ l f ~ ~ ~ ~~9 1, ~ 4@ i, t _ - ~r fT e ii ~;~t ~ @~~~, ~ 141 2 Iii ~ S'~r~ ~ - - - - 4 n C Y~ s -~:4r ~ Y S i ~ ~ M ~~f r ~ ~ ~ti ~ r~, ~ , ~ ~ L: ~ ~ F f~~r! c 4 t ~1''.: W, p ~ ~ ~ 4 t i ;fir : ~ . s ~ - / 1 - - - z w ~ ~ T~f4~ ~ ~.~y+,2>!w~ ~ ~ 7 ~ A~. _ 1 p :,4.tY~~ , ~.w~y ~ r t t - Figure 2. Looking east along shoreline and over localiua r,/ ~~r~q,u.,rd renrirring ~~~u11. ELIZABETH CLANCY 1150 BLUE MARLIN DRIVE SOUTHOLD ,Ji~~ K ' 1 v. ~ a 1 9 . ~ t y: z u`~e~r ~ , it J "~t_ ~1' 1 ~ f T @f~j[!, ~ y i 1 1 ~ y i G: ~ Y i S ~ 1% it ~ ~ / A h F ~ p }y ~k ~F~ ~;'Y 1~.~: 14' ~1,~4a ~i Y~4~M 5'~ ~ ~ a ~ ~ 3 Y~/y/ T i ~ ~ r, f •,~ul t ~,I ~.r~~c ~~F 1~~'1'i7 _ ~ f~ a,'~~ ? ~ , ~ ~ ~ f~t~,~ 1; 1 S v { nil ~~1 ~~I~ ~~.1 ra'pF' ~ 3d f? ~~[1 ~ y ?.e e 'S~ i i 1~ d "1 r lh~ ~ ~ v... ~ 1 . ~ t 1 ~ I 1 ~~/r { t ~ s1. K~~f~' ~ . i';i;bt,. ,.411 ~ Tt,~~_ ~ i~- nl .q>~~,r t.(j1~~ SCE%V(~~`~4 i~~' `1 x ! I i~~ ',-i~jh t /1 I I X11 1 ~ I:IA~a~~!'~i' W i it ~ :L 1 ~.7 ~e'~~~~1 ~ ~ 1 , ~ ! ~ a ~ ~ Figure 3. Looking hurt/aweslJrom soul/teust corner uj propert?' over l/du! +vetlunds hou~tdur~~ and toward location of proposed retaining wall and subject dwc llin~~. t Y' z { t •,~~y ~ e. , ~ ~ e a J . ~ fi u r? Y1 ~ f x.s• u.,:'~+e ~ ty~.' ,.ter I F,r:r. at4.. ~ f d. _ 4 1 f~'u ~ T ~ ~ a.-JM 9 dKP _ ,i _ ~ ~S* J s ..,ts~ . t"r . Y ~ .a ril 11 ~ ^~GM1/39r Pi . Figure 4. Aerial view ujsuhject propert?' and adjacent bulkheaded shoreline to Bust and west. Pholo b?• Micrasoft Corporrrlion.