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Home My WebLink About1000-10.-9-14 OFFICE IACATION: ti~~~OF SOUjyo~ MAIL[NG ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 .If. * Southold,, NY 11971 (cor. Main Rd. & Youngs Ave.) H ~ Telephone: 631 765-1938 Southold, NY 11971 ~0 ~ ~O Fax: 631 765-3136 ~y00UN['l,~ 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: July 9, 2013 Re: LWRP Coastal Consistency Review for BRIAN DeBROFF SCTM#1000-10-9-14 Docko, Inc. on behalf of BRIAN DeBROFF requests an Amendment to Wetland Permit #7890 and Coastal Erosion Permit #7890C to remove the existing +/-58 linear foot mortared stone seawall and replace it in-place using larger stone; and install a 10' wide non-turf buffer landward of the seawall. Located: 271 Gloaming Extension, Fishers Island. SCTM# 10-9-14 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 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 LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. 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 for 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 prepazer 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 azea (which includes all of Southold Townl. 3. 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 standazds and conditions contained in the consistency review law. Thus. each answer must be explained in detail, listing both suaportine and non-supaortin¢ 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 Boazd of Trustee D ~v >~a g~n~ Department, all local libraries and the Town Clerk's Office. Ls Y B. DESCRIPTION OF SITE AND PROPOSED ACTION JUL - 2 2013 /o - J SCTM# 1000 - - - Southold Town PROJECT NAME: Seawall Reconstruction (Brian DeBroff) f The Application has been submitted to (check appropriate response): Town Board Planning Board Building Dept. Board of Trustees X I. Category of Town of Southold agency action (check appropriate response): a) Action undertaken directly to Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) b) Financial assistance (e.g. grant loan subsidy) c) Permit, approval, license, certification: JUL 5 2013 X _ Nature and extent of action: The proposed proiect is to reconstruct 57(+/-1LF of mortazed stone seawall all at and along the appazent hrgh water hne. 1 Location of action: 271 Gloaming Extension, Fishers Island, NY 06390 Site acreage: .10(+/-) Present Land use: Residential Present Zoning Classification: Residential 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: Brian DeBroff b) Mailing Address: 2220 Huntington Tpke., Trumbull, CT 06611 c) Telephone number: Area Code (203) 913-1605 d) Application number, if any SCTM 10-9-14 Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X No _ If yes, which state or federal Agency? US ALOE. NYS DEC C. Evaluate the project to the following policies by analyzing how the project will further support of 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. X Yes _No _Not Applicable The proposed seawall reconstruction makes appropriate beneficial use of an existing waterfront site and complies with environmental design factors published by the NYS DEC. and the DOS Coastal Management Program. Southold Local Law No. 6.2004 and the Southold LWRP The oroiect has been reviewed with the NYS DEC Marine Habitat Protection Bureau and a site visit on Avril 6 2013 reviewed the site conditions with the Trustees It was agreed the project preserves the nature of the shoreline in Pirates Cove and will minimize adverse effects of development on the character of the Cove and on environmental resources. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III -Policies Page 3 through 6 for evaluation criteria. Yes No X Not Applicable 2 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 X Yes _ No Not Applicable The proposed repairs and modification will maintain aesthetics by reconstructin¢ a damaged, destroyed stone wall and restore non-turf landscapin¢ in a LOFT wide strip behind the wall which will keen this facilit consistent with aesthetics of ad'acent ro erties in azticulaz the Fishers Island Utili Com an seawall next door to the west which is built of large similaz to that proposed in this proiect. 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. X Yes _ No Not Applicable The rebuilt seawall / retaining wall is essential to protect the site from erosion from storm induced waves and floodin¢. 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 X Not Applicable This proiect will not have any affect on suitability of or availability of drinking water on Fishers Island. being a shoreline structure located in Mazine waters (salt water) there is no fresh water source, surface or subsurface, in the stone wall reconstruction area. 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. X Yes No Not Applicable This reconstructed seawall will not impede or divert water flow and circulation or alter long shore sediment transport or erosion or deposition of sediments. The wnstruction materials for this project aze consistent with NYS DEC and Town of Southold reeulations. The seawall repairs will be usine stone and mortaz, both basically inert materials. The existing rubble will be removed and disposed of off site in accordance with statutory and ordinance requirements or it will be worked in to the backfill after the seawall has been rebuilt. 3 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 X Not Applicable There aze no air quality issues related to this project. No emissions will be generated. 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 X Not Applicable Anticipating that the rubble debris from the existing structure is incoroorated into the new seawall backfill, there will be no solid waste or hazadous substances to be generated from this proiect. 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 X Not Applicable The existing stone wall created a neazly vertical face through the intertidal zone, the new wall will as well. The new wall will be built on the existing stone which has existed on the seabed for decades. exposed at low tide. The public trust lands and waters constitutes the azea between the mean hi water line and mean low water line and the resources are from the high tide line, out. These environmental resources aze being_protected by the design standards dictated by the NYS DEC. There is virtually no public use of the waterfront in this area and the reconstruction of the Hier and landwazd seawall repairs at and above the appazent high water line ate not likely to influence or change this fact. Access which exists at this time will be restored by the completion of this project. 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 III -Policies; Pages 47 through 56 for evaluation criteria. X Yes _ No Not Applicable Modifications proposed aze supporting a long standing residential seawall which preexisted current state and local policies and is consistent with USACOE policies at the time this site was developed It is unlikely that zoning would be chaneed to promote other uses of the land without simificant opposition 4 Nonetheless if a higher priorit~v ~r dependent use was to be located at site it is likely that such a use would benefit from the stabili~.,1 shorefront and so this seawall recons~.uction is consistent with the policy for both land use options. 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. X Yes No Not Applicable This project really changes little in terms of sustainable resources in Pirates Cove, West Hazbor, Fishers Island Sound and Lone Island Sound because the scope of work is a reconstruction proiect of a longstanding seawall. Water quality will be protected and erosion/ sedimentation will be minimized. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III -Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable This pier is not used for or in support of any agricultural or aquaculture industries or enterprises. Policy 13. Promote appropriate use and development of energy and mineral sources. See LWRP Section III -Policies; pages 65 through 68 for evaluation criteria. Yes No X Not Applicable This Hier is not used for or in support of any energy or mineral mining or processing operations. 1~~~~~-- PREPARED BY: Keith B. Neilson, P.E.- Docko, Incoroorated TITLE: Agent DATE: June 2013 5 Docko, ~ 11Cr • Serving the waterfront community since 1987 P.O. Box 421, Mystic, CT 0635/5(860) 572-8939 Fax; (860) 572-7569, email: permfts~docko.com p E E I V E D June 27, 2013 D JUL - 2 2013 Mr. James King Southold Boazd of Trustees P.O. Box 1179 Southold, NY 11971 RE: DeBroffProperty, Fishers Island Project Description Deaz Mr. King, Following up on my recent conversation with Ms. Elizabeth Cantrell from your office, I am providing this additional information regarding the censttvction methodology for the DeBroff seawall reconstruction project, as well as a modified LWRP tailored specifically for this work. The project is necessitated because of the collapse of the existing stone wall caused by Hurricane Sandy. This existing stmcture was built of small stone mortared together and appears that it may have been built in phases since there is a difference in the size of stone near the bottom of the seawall at the intertidal zone. The new wall will be built of large stone, similaz to the wall at the Fishers Island Utility Company property to the west, as agreed between you, me, and the other Trustees during our April 6'" site visit eazfier this year. The large stone will be set in a stable interlocking fashion using the old cut stone on the seabed as the foundation. The wall will come up to the same height as it previously existed which is best referenced to the seawall return on the west side of the property. A geotextile material will be placed between the stone work and the backfill to keep it retained within the stnrcture. Once the finished grade is reached, the top layer fill materials will be top soil, which will then be landscaped to meet the Town's typical 10 foot non-turf buffer requirements. The wall thus restored will be similar in nature and identical in function to the wall that was destroyed in Hurricane Sandy and will comply with the agreed upon design standards from our site visit as well as the Town regulatory requirements for environmental quality improvement. This repair/reconstruction process and design has been reviewed with the NYS DEC Marine Habitat Protection Bureau and was considered acceptable. [trust that you will find this all acceptable to approve this as an amendment to the previous permit where seawall repair was approved. Please let me know if the need for any further information arises. Your assistance, as always, is appreciated. Yours Truly, Docko Incorporated Keith B. Neilson, P.E. KBN: tw CC: Brian DeBroff Dick Grebe FILE: 12-02-2365 DEBROFF ~>al~ OFFICE LOCATION: ~~OF SOpjho MAIL[NG ADDRESS: Town Hall Annex ~O l~ P.O. Box 1179 54375 State Route 25 ~ ~ ~ Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 G Q Telephone: 631 765-1938 ~ Fax: 631765-3136 ~y00UtR'( LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM ,l~,ff~r~-- ' f I . AUG 2 0 2012 I ~ - . , , . To: Jim King, President ~~------~.-`.F'~~ - - Town of Southold Board of Trustees - From: Mark Terry, Principal Planner LWRP Coordinator Date: August 16, 2012 Re: Proposed Wetland Permit for BRIAN DeBROFF SCTM#1000-10-9-14 Docko, Inc. on behalf of BRIAN DeBROFF requests a Wetland Permit and Coastal Erosion Permit to lower the deck of an existing 6' wide by 42' long pile supported pier; install an 8'x20' float with associated 3.5'x28' hinged ramp; new 10" diameter restraint piles; five (5) new 10" diameter tie-off piles; repair f57' of mortared stone seawall, all at and waterward of apparent high water. Located: 271 Gloaming Extension, Fishers Island. SCTM# 10-9-14 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 INCONSISTENT with the LWRP and listed policy standards provided below. 9.3 Preserve the public interest In and use of lands and waters held in public trust by the state and the Town of Southold. A. Limit grants, leases, easements, permits or lesser interest in lands underwater in accordance with an assessment of potential adverse impacts of the proposed use, structure, or facility on public interest in public lands under water. The extension of the dock structure will result in a net decrease in public access to/on public underwater lands. 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 10-FT NON-TURF ~ BUFFER BAGKFILL WTM EXCAVATED MATERIAL (1YP) • m ~ IXISTiNG MORTARED STONE SEAWALL ELF Lq~ TO BE REMOVED and REBUILT USING LARGER STONE 75tGY OVER 250r5F TOP ELEVATION 6.4xFT (MATCH RETURNS) zti ~ t s ~ NEW FlL7)=R FABRIC (TYP) T'~ ' NEW.S<•V-'f TOLERANT,. 1~" ~ k , EXISPNG ROCKS ("fYP) NATIVEPIt1NTING(TYP) s, 4.. A}iWVSHW ~ 4` l~, ',Y` i t x r ~ { MMN - i h '~i t t s ` ' ' ~ , ' Y - , , ~ .BOTTOM SEDIMENTS ,-.--.~-f;?- F , r.; 7l V VD g GRAVEL ~Aj WL "-~k- r. ~ ..-c`e, . N/F PROPERTY OF "TYPIG~.L_~--EGTIOIV FISHERS ISLAND Gw~ar"cs~,aF ~~=s' UTILITY COMPANY INC. s a 3 2 1 o s N WEST IIIr\-~~ 7 o 0 ~ ~ ~ ` i\ g_ ~ `O'T t O ~ R f$" ITTI \ yil ~ ' TOP' EXISTING MORTARED STAVE 5FJ+ ALL 58r1.F WALL. = SA ~ 70 BE REMOVFIJ and REBUILT LARGER ~~q/C~~ ~ STONE 75sGY OVER 2~ ~QT O ~ EDGE OF ROCXY SFiDRE 4'QAY RPE ` o SITE PROPERTY OF ;;s>'s' :'::i::::_ ~ Q~'~, ~ ~ o 10-FT WIDE NON-TURF BUFFER 7 / ~ SFAwxL ~ e ~a. .~..F...~l.. i!x4; y „r 3 Ty. ~ , ~~ry~ i''b, usTy~'d.,a• DCU~ \ y.~~"~~i)W.i!I}21~Yh. ek.V H.}V N^ X'J.^~ JUL - 2 2013 -~~sk.,.t;~..>x~ ~".~tr: 7:n. \ ~'.~iN/F PROPERTYi+~~:~•c<Lvc . aENa~IVRK TROD •57'', OF RIVERS ~~r,~ 4r ''i:i',« ` i~.. ELEVATION=795 i'tt.11`; ..ir .;.t-ii°..:: ''riJ. •F i.^' ~ 'IV?1~~~.C 1.1'S l:t:t n.•'-a.G4 ~~'1•v.X~01..:.M'..;tY v.1 yii1•+;,.n t..~'.:~ -f T.~ Town ~ SURVEY by C.M.E PROJECT: DOCK MODIFICATIONS and SEAWfVJ._ ARE easF~ oN NGVD >9z9 REPAIR REVISED 9-21-12 T.OS. REVISED 7-0312 T.05. I-OC.ATION: FISFIFRS ISLAND -TOWN of SOUTHOLD TIFaOFF F11F-5 COASTAL ERO.r~ION SUFFDIX COUNTY, NEW YORK REV LSED w HAZARD AREA WATERWAY: WEST HARBOR -PIRATES COVE KET REVLSED 7-09-12 DEG DATE FEBRUARY 1, 2012 0 C K O FLOAT SIZE APRJCfWT: BRVW DEBROFF ~ ~ 9~ REVISED 8-17-12 DEG . ~ * ~ m * AGENT: SHEET 3A OF 4 . r ~ q ~ 2 S ~ TIE-0FFS&F>~ QOGIGO, INC. ~ ,S~ 2 REVISED 9-17-12 T.O.S. g~ N~~' ~ 0 R P 0 R _ _ Mystic, GT 06355 ~~8692'NP~F, AT DI PIERS ~ EMA1L per*ni+sCa~docko. g6p 572 7569 pWG 12-2-2365 KeHM B. NeYSOn. Dodo Inc 6/21/20131204 GM DebrdF~E,p.nndnmt.Mg