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HomeMy WebLinkAbout1000-110-7-11.3 OFFICE LOCATION: ~~OF SOUjyO MAILING ADDRESS: Town Hal! Annex ,~O ~ 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 '.2 ~ Fax:63176b-3136 ~'Y~~UNI'1,~c`~ 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 10, 2013 Re: LWRP Coastal Consistency Review for MARSHALL FROST SCTM# 1000-110-7-11.3 MARSHALL FROST requests a Wetland Permit to replace the existing 1100' long bulkhead using vinyl sheathing, and raising it 2' higher than existing; replace the existing 17' easterly return; construct a 10' westerly return; replace existing 3' wide stairs to beach; backfill disturbed area with approximately 100 cubic yards of beach sand; remove one (1) oak tree to allow for the bulkhead construction; and for the existing 3' high fence along top of bank. Located: 435 West Road, Cutchogue. SCTM# 110-7-11.3 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 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 Tawn of Soathald LWRPCONSISTBNCYASSESS1yIENTEORM JUL 5 2013 A. INSTRUCTIONS ~ _ I. Al! applicants for permits' including Town of Southold agencies, shall comp else this t;ClcF-€er- . 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 snaking a determination of consistency. "Except minor exempt actions irneiuding Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the prepares 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 nranosed action will be evaluated as to its simif~cant ~$cial and adverse effects upon the coastal_ area (which includes all of Southold Townl 3: If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Ths~ each answer maet'be erszhtined In dc7, Iistin$ brrtlt stt~startitaE non- sursuortine facts. if an notion cannel be certified as consistent with the LWRP policy standards and conditions, it shall natbe undertaken. A copy of the LWRP is available in the'following places: online at the Town of Sauthold's website {southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. ~a B. DESCRIPTION QF SITE AND PROP(ISl;i3 ACTION D E C ~ ~ V ~ D Sl# 110 _ 7 _ 11.3 D JUN - 7 2013 PROJECT NAME Bulkhead Replacement ut old ovm The Application has been submitted to {check appropriate response): r f r Town Board ? Planning Board ? Building Dept. ? Board of Trustees 0 1. Category of Town of Southold agency action (check appmpnate response): (a) Action undertaken duectly by 'I'owa agency (e.g. capital ? canstnsction, planning activity, agency 7egulation, land transaction) ? (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification; x? Nature and extent of action: Permit for the removal of existing (ca. 1950) Bulkhead and installation of new Bulkhead. See attached Description See a-I'-k~c~ FROST BULKHEAD REPLACEMENT DESCRIPTION OF WORK The replacement bulkhead will be constructed in accordance with the Application and attached plans. Construction access will be from the beach. The existing bulkhead, and returns, will be removed and disposed of by the Contractor. During the demolition process, an 8 inch diameter Oak tree, located just behind the existing bulkhead, will be removed to allow construction of deadman piles and tie backs. The bulkhead will be constructed of CCA Preservative Treated Wood, vinyl sheathing and galvanized fittings. The top of the bulkhead will be raised 2 feet to provide increased protection and reduce future erosion. The bulkhead will be nominally 100 feet in length, with a 10 foot west return and a 17 foot east return (including the section that continues to the existing bulkhead to the east of the Frost property). The existing, 3 foot wide steps from the bulkhead to the beach will be replaced in their current location. Treads and railings will be non-Preservative Treated Wood. The 3 foot wide stairs from the top of the bank to the bulkhead elevation wilt be modified, if possible, or replaced, if necessary. Again, any treads and railings replaced will be non-Preservative Treated Wood. Once the new bulkhead is completed, the rear of the bulkhead will be filled with beach sand. It is anticipated the fill will be in the magnitude of 100 cubic yards. The beach sand will be to the elevation of the top of the bulkhead, and continue, horizontally, to the slope of the bank. No vegetation will be planted in the beach sand. Other than the tree discussed above, no removal of vegetation is anticipated. Although no work will take place on the existing 3 foot high fence, located at the top of the bank, it is included in the current application as it does not have a Permit. Location of action: 435 West Road, Cutchogue, NY Tax Lot 1000 110-7-11.3 Site acreage: 0.57 Ac . Present land use: Residential Present zoning classification: R4 0 Z. 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: Marshall Frost. (b) Mailing address: Po Box 755, Cutchogue, NY 11935 (c) Telephone number: Area Code (9 0 8) 8 72 - 5 6 2 0 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ?R Nv ? If yes, which state yr federal agency? Assume NY DEC C. Evaluate the project to the following policies py analyzing how the project will further support or not supgort the policies. Provide ail proposed Beat Management Practices that will further each policy. Incomplete answers will require that the form be'returned for completion. llEVELOPED COAS'C 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 - Folicies 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 far 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 flaadng and erasion. See LWRP SercXt~ion III _ Policies Pages 8 through 16 for evaluation criteria u Yes ? No ? Not Applicable I Protection of property from coastal erosion due to storm tide _e~~tion and wave action. 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 Except that original creosote bulkTiea wi e remove'. Attach additional sheets if necessary Policy h. 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 Attach additional sheets if necessary Policy 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 Southald from solid waste and hazardous substances and wastes. Sce LWRP Section iII -Policies; Pages 34 through 38 for evaluatiop criteria. ? Yes ? No 0 Not Applicable Except that original creasote bulkhead will be removed. 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. ? Ye~ No ~ Not Applicable Except that beach above normal high water will be increased. Attach additions] sheets if necessary WORHING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote si#ing of new wa#er-dependent uses in suitable locations. See LWRP Section III - Policieq; Pages 47 through 56 for evaluation criteria. ? Yes ? No ~ Not Applicable Except that beach above normal high water will be increased. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Pecunie Estuary and Town waters. See LWRP Section III -Policies; Pages 57 through 62 for evaluation criteria. ? Yes ? No ~ Not Applicable Except that beach above normal high. water will be increased. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Towq of Southold. See LWRI' Section III -Policies; Pages 62 through 6S for evaluation criteria. ? Yes ? No ? Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and devetepment of energy and min8ral resources. See LWRP Section III -Policies; Pages 65 through 68 for evaluation criteria. ? Yes ? No 0 Not Applicable PREPARED BY Marshall Frost TITLE ~ ~ DATE G G 9 S o ~ c ca ~ q. w Q b Q ~ E~~ c , \ 1 pF ss,, c F o t 7aOl a p 4 ~6 ~ ~~E q i~ bey E p ~ ~ cq ~ ~ 4 M ~ ' `P ! ~ ~ c ~ aQ ~ 9 ~ ~ ~ 9 ~p~p~b9 ~a ~w n ~ ~ 7 i "moo ~ ~s~~~ 4 ~ / ~ 4v tle q d e ~ r j{5e a' '@ 4 • P Y > ~ 4 e2 ~ 4''0 iC~~~ ps. ~ i y ( • 4 1 > \ }d e ~ S ~ 4 ~ 9 ~ ~ eN \ ` ~ p 4 _ ~ ~ - ~ a, f ~s, . ~ . ~ % _ a9 t,E~si~ ~ iiiil ~9~ ii v t i i i i ~ A ! ~y ~~e~~ a~ ~ hill ~i ~ LPG ~ ~ _E~ ~ i iiiii pF ~ p3 x ' ~ ~ ~ ~ ~ ~ S Fi I I I I I ~I m ~ 1 ~ TF ' ~ ~si~~l _ i P. A O Q S ~ ~ _ 2 s a I ~ ~ e ~ e ~ s III' / ° ~i ~ ) ~ _ ii lil, M 4~~ t §3 _ ~ I €~~i a, l lliill @@ BP ~ 3~, .u~ i~,1 ~ I } ~ ' fl~li BZaaeae ss e> FROST BULKHEAD REPLACEMENT NARRATIVE DESCRIPTION History: In 1921, my Grandmother purchased the property from the Fleet family. The original property was 325 feet deep, extending from the Peconic Bay to West Road, with frontage of 75 feet on West Road. In the 1950's, a bulkhead (Frost bulkhead) was constructed with a nominal length of 75 feet across the property. It extended from the bulkhead return of the property to the west to the bulkhead return of the property to the east. (The bulkhead on the property to the west has been reconstructed at least two times since the 1950's; most recently about 7 years ago. The bulkhead to the east is the same bulkhead that was in place in the late 1940's.) The bulkhead to the west is nominally 18 feet south of the Frost bulkhead. The bulkhead to the east is nominally 7 feet south of the Frost bulkhead. My grandmother, Adelaide Cleaves Frost, bought the Frost property, now 1000 110-7-11.3, in 1921. My father, H. Marshall Frost, took title to 1000 110-7-11.3 in the 1950's. My brother and I inherited the property in 1982. I purchased my brother's interest in 1998. In the 1960's, my father purchased the property immediately to the east of the original Frost property, 1000 110-7-11.1, and subdivided 25 feet from the property to the east, merging it into the current Frost property. This increased the width of the Frost property to nominally 100 feet. The merged property also included a nominal 25 foot length section of the bulkhead that protected the property to the east. At the time of original construction, the Frost bulkhead was in the magnitude of 4 - 5 feet in height, from sand to the top of the bulkhead. The top of the bulkhead to the west was constructed approximately 6 inches lower than the Frost bulkhead. The top of the eastern bulkhead section was constructed at an elevation approximately 12 inches lower than the original Frost Bulkhead. The elevation at the top of the bank, protected by the bulkheads, varies, but is approximately 15 feet above the top of the Frost bulkhead. The Frost property is shown as 1000 110-7-11.3 on the Tax Maps. Attached are copies of property surveys from 1969 (showing the merging of the 25 foot wide strip into the current Frost property) and from 1997 when title in the Frost property was transferred to H. Marshall Frost. Original Bulkhead As indicated, the eastern section of the bulkhead was constructed prior to subdivision of the adjacent property in the 1940's. A photo taken ca. 1948 is shown below. The bank, unprotected by a bulkhead, is the Frost property. ~r~~ + R ` y,' As indicated, the original bulkhead was constructed sometime in the early 1950's. A photo taken in the 1990's shows the original construction. with repairs after a hurricane. _ _ y. s' ~ ~~~i f _ - What is noteworthy about this photo is the height, from sand to top of bulkhead, that varies from 4 - 5 feet. Today this height varies from 2 1/2 - 3 feet due to the continual change in sand deposits. The original Frost bulkhead was constructed of wood piles, whales and sheathing. The section added to the Frost property in the 1960's was also constructed of wood piles, whales and sheathing. Over the years, limited repairs have been made to both sections of bulkhead. However, they remain much the same as constructed, with no modifications to location or height. A photograph of a portion of the Frost bulkhead, taken in 2002, is shown below. Page 2 i ~'t~-• . Y. 'i l~ II ~~I. y: ' F. H - ' Without recounting all that has taken place since original construction, the exposed height of both bulkheads varies year to year, season to season and storm to storm. Hurricane Sandv While Hurricane Sandy did not result in the highest water that I remember {a Nor' Easter back in the 1980's [I think] had the water surface over the top of the bulkhead), the wave action from both Irene and Sandy was as severe as I remember. The waves, which carried over the top of the Frost bulkhead, scoured out the sand approximately one foot in depth. In addition, limited damage occurred, including broken sheathing and the loss of one face pile. Temporary repairs were made shortly after the storm to protect the bank through the winter. The repairs consisted of basically some plywood, filter fabric and a few pieces of lumber. Now with improved weather conditions, the plan is to replace the original bulkhead as soon as Permits can be obtained. Photos showing the damage to the bulkhead, and temporary repairs to make it through the winter, are shown below. , L~~~ 3~ _ . ~ ~ ..E fir, N^_: Ipl+ tT Z019 West end of bulkhead Gentrai section of bulkhead Showing erosion to bank Showing damage to bulkhead Page 3 ' ~ t~ ' i r! .r r t ,:J' Behind bulkhead looking east Showing damage and tree to be removed. Replacement Bulkhead The replacement bulkhead will be constructed in accordance with the Application and attached plans. Construction access will be from the beach. The existing bulkhead, and returns, will be removed and disposed of by the Contractor. During the demolition process, an 8 inch diameter Oak tree, located just behind the existing bulkhead, will be removed to allow construction of deadman piles and tie backs. The bulkhead will be constructed of CCA Preservative Treated Wood, vinyl sheathing and galvanized fittings. The top of the bulkhead will be raised 2 feet to provide increased protection and reduce future erosion. The bulkhead will be nominally 100 feet in length, with a 10 foot west return and a 17 foot east return (including the section that continues to the existing bulkhead to the east of the Frost property). The existing, 3 foot wide steps from the bulkhead to the beach will be replaced in their current location. Treads and railings will be non-Preservative Treated Wood. The 3 foot wide stairs from the top of the bank to the bulkhead elevation will be modified, if possible, or replaced, if necessary. Again, any treads and railings replaced will be non-Preservative Treated Wood. Once the new bulkhead is completed, the rear of the bulkhead will be filled with beach sand. It is anticipated the fill will be in the magnitude of 100 cubic yards. The beach sand will be to the elevation of the top of the bulkhead, and continue, horizontally, to the slope of the bank. No vegetation will be planted in the beach sand. Other than the tree discussed above, no removal of vegetation is anticipated. Although no work will take place on the existing 3 foot high fence, located at the top of the bank, it is included in the current application as it does not have a Permit. Page 4 P4~1 m ~ ~ N z ~ ui C V O J W l~ ~ ~ ~ ~ Y f'~1 ~yF _ . 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W, Go` N ,o ll7 o b~ o, lP~ ~N 11 A, ~ S 9` \ ~1~LV- \ un ~ A\ l u]- . wp\1 \ Y p\ g/ s to P. ~U\1\ ~ LweJ,,A ps j .l P~ _ e\~o~ t~ y ~l A17'1 ay`~.II.U, ~ A~.~-.z~~`° - o~ b F m n, IA9 S > Y l c~oTe J`\~..\O~ ~p~ a4 v.~% ,~~"F\ ' / L O `ry i, ,wqs~ o< ,A~ Q ~Y~ SURVEYED 12 / 9 / 97 SUFFOLK GOUNTI' TAX MAP ~~yM~ loon no ~ ns SW~AwP/, a9;~. CERTIFIED TO: ~ W. 99 ~ ~ MARSHALL FROST ~\~'='~^~~'rL~j 5~ FLEET BANK .-~~~5~~ ~\~j,~ COMMONWEALTH LAND TITLE AND INSURANCE COMPANY , NOTES REFERENCE PEEV: LIBER 8228 PAGE 915 'u....°.~...~.~..~~......,u.. ~......r ¦ MONUMENT FOUNP p PIPE FOUND a :..i~° ° WOODEN FENCE ~ ~5i'i f y i _ry-. i.~l ~q~.. ur.Y r nvs.nn nMV~? b v. n L..b.e,• AREA - 25,9'11 5F OR 0.60 ACRES ` ;T • ~ridlN I+~MNo n~e n . 1 ~ tr i ,R s - ~ GRAPHIC SCALE 30' ~la ~'~~.i1 `f!I 1'1 ~ 1. ~ ' _ I In'~' '~11 "'l .v. s. ~[r.. uo. sazoz J L. EHLER6 N 5 V T6R O 3() 60 ~G 6 E ST MAIN STREET R •RHEAB. 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FAST REitIRN ELEVATM]N BU r • pE7 n FROST BULKHEAD REPLACEMENT JWF~ $ - 1 -0' SCAIE 1f' = 1'-0' 3CAIL• c +'-0' rr w r ~w i FROST PROPERFY a w r {YJ 1MfaT IIOAD ~ w ~ ' ~ Irt .u`M. 1000 - 710 - 7 -71.3 a11r 1 w 2 1 o i~ 3 Y'~~i `N ~ ! ~ t ~ _ : , .'~3' ,i CA. 194$ BULKHEAD - CA. 1990 BULKHEAD - CA. 2002 o-~ 1 NO BUWIEAD AT SUBJECT PROPERTY NOTE 4' - 5' EXPOSED FACE .`ray? 1 YflORNiY Of ~I~ i~._ ! ,1 ~ y ~.,t _ ~ Hx~xµo a BUUOFAO IHSfAl1ED AT PROPERTY TO THE EAST ~r ~ F rkorERTES 'Ay y' ' t ~`°?t .fi I, g ~ w ,q ``Af,, 1 'x ~ 200? :il3tdf~£. ~ ~ f r yt. ~ c A061TOH I ~,J.. ~ ? .~w~~ t. "Y' ~ .~1, ~'-F ' ~ ~ may, ~ ~ "~.cy~ ` ~ F iw ,~E~ h Paor£kn or RI K ~s:c?. ~ft~>..N«•:." w ; ~,fi s„ ~ r w ~;I ws~H ~aHU 1 rx>efm i~Yf a s, "r r:: ! ~I \ P10rE111T 4' - HICO~AS EWS fnk.~ ~ 1. ` ~ "P@ ~ ~ ~f 200:! ~0 ~T tl ZB~~ IAY tT J. HT r'~ or~HKr iW ' t ~ PHOTOHORIH~-WRT-WEST LOOK IAOK~ EA51 / ~ NOIE - 7' EXPOSED FACE ` ~ ,,I{ ~ ~ A N.J ~ d~l4f OF URgk DAFT ~ ~ , u ~ ~f~.. ,~y~ • ' ` y ~ 7a Q I ~APPAdflIT ~ h f ft~L~~~.~?'Ap.." ~ X qr.' ~ ~c _ , ~.r~ i ~ _ Jt•4L ` ,f, ;vw, is ~ gas~v ~ ~ IqY 21 tBq PECONIC BAY ~ ~"1r ~ _ , PROPERTY SURVEY LOOKI~ NO~WEST LOOKI~~ E~ ~ SCALE: 1 •=30~ PERMIT PLAN SET eeetlseh~. . ~ ~ ~ ti~ p ~ 1f ~ ~ ° ' .E e~ EEVmoKa atE pans o~sclKrM ~ T~ Rs-s~ BULKHEAD PHOTOGRAPHS U ~ ~ I r ` ' ' ` FR05T BULKHEAD REPLACEMENT YMAWL fntT _ rr w r . ' .4' ~ FROST PROPERTY a~ R II , ~ ~ WEST ROAD tON[ ° °I°I s. 8 ~I CUTCHOOUE, NY ~ ~1 P T - PH4IQ3-~ 1000 - 110 - 7 -11.3 LOOKING WEST BEHIND BUII(HEAD LOOKING EAST, BEHIND BUXIIEAO ~ ~ ° 2