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Home My WebLink About1000-52.-5-6 OFFICE LOCATION: o~&OF SOMAILING ADDRESS: Town Hall Annex ti o P.O. Box 1179 54375 State Route 25 l~( Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) H Southold, NY 11971 G~ Telephone: 631 765-1938 Fax: 631 765-3136 o~yci7(/Hry 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: December 6, 2013 Re: Proposed Wetland Permit for CHARLES & STEPHANIE McEVILY SCTM#100052-5-6 En-Consultants on behalf of CHARLES & STEPHANIE McEVILY requests a Wetland Permit to construct approximately 97 linear feet of wood terrace retaining wall along toe of embankment (landward of tidal wetlands) and construct approximately three (3) additional terraces on face of embankment with lengths of approximately 25, 14, and 30 linear feet; re-nourish embankment by backfilling terraces with approximately 10 cubic yards clean sandy fill to be trucked in from an approved upland source; and re-vegetate all terraced and disturbed portions of embankment with native vegetation, e.g., Cape American beach grass, switchgrass, Virginia rose, and or northern bayberry; and remove and replace +/-51' wood tie retaining wall and install new +/-26' wood tie retaining wall, both along landward edge of top of embankment. Located: 1795 Bayview Avenue, Southold. SCTM# 52-55 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 Policy Standards and therefore is CONSISTENT with the LWRP provided that the Board: 1. It is recommended that the Board require that the plan dated 11/5113 match the revised description 11119113. The term "terrace wall" as identified on the plan is not a defined erosion control structure in Chapter 275 of the Southold Town Code. 2. Note, that pursuant to § 275-11, the applicant must demonstrate that excessive erosion has occurred in the area to warrant the installation of the lower retaining wall. 3. In the event that the action is approved, it Is recommended that the Board requires that the existing tidal wetland vegetation be left undisturbed and integrated Into structure design to the greatest extent practicable during construction. 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 A- wfi of'Sopthold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for perm its' including Town of Southold agencies, shall com n]C C A F for proposed actions that are subject to the Town of Southold W aterfront Cop,* aw, This assessm eat is intended to supplem ent other inform ation used ?ency in making a determination of consistency. Except minor exen. 5 Permits and other ministerial permits not located within the Coastal Er, 2. Before answering the questions in Section C, the preparer of tempt minor action list, policies and explanations of each policy conta -ocal Waterfront Revitalization Program. A proposed action will significant beneficial and adverse effects upon the coastal area (which include: ...uld Town). If any question in Section C on this form is answered "yes" o no", then the proposed action will affect the achievement of the LWRP policy standards and c ditions contained in the consistency review law. Thus each answer must be explained in d it listin both su ortin and non- supportine facts. If an action cannot be certified as con 'tent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following p ces: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Truste Office, the Plan , p n D libraries and the Town Clerk's office. - D B. DESCRIPTION OF SITE AND PROPQ.$ED_AC ON SCTM# 52 - s 6 NOV 1 4 2013 u}jS PROJECT NAME Charles & Ste haaie McEvil V 2 62013 ou ''vai ar The Application has been submitteid to (check ~ppro iate respdnse-j-. Town Board El Planning Boar ? Buildi g Dept. El Board of Trustees Category of Town of Southold ~oency actio (check appropriate response): 0 (a) Action undertaken direct by To agency (e.g. capital ? construction, planning ac vity, ag cy regulation, land transaction) (b) Financial assistance (e.g. ant, to , subsidy) ? (c) Permit, approval, license, c rtific ion: Nature and extent of action: Stabilize, renourish, and revegetate embankment ero during Hurricane Sandy as follows: construct approximately 97 linear feet of wood terrace retaining wall along toe of embankment dward of tidal wetlands) and construct approximately 3 additional terraces on face of embankment with lengths of approximately 25, 14, and 3011£, where the exact number of terraces and terrace lengths shall be determined by contractor at time of project implementation based on then current slopes and vegetative condition of embankment; renourish embankment by backfilling terraces with approximately 10 cubic yards clean sandy fill to be trucked in from an approved upland source; and revegetate all terraced and disturbed portions of embankment with native vegetation, e.g., Cape American beach grass, switchgrass, Virginia rose, and or northern bayberry; and remove and replace +/-51' wood tie retaining wall and install new +/-26' wood tie retaining wall, both along landward edge of top of embankment, all as depicted on the project plan prepared by En-Consultants, dated November 5, 2013. 11/19/2019 11:02 FAX 6912886196 EN-CONSULTANTS.INC. (21002 z Robert Herrmann From: Robert Herrmann <rherrmann@enconsultants.com> To: Cantrell, Elizabeth Subject: McEvily Liz, pursuant to our telephone conversation, please see the below amended project description for the McEvily application, which has been re oised to omit the statement referring to the possible need for the exact design of the terraces on the embankment 1 ace to change by the time the project is implemented. I can discuss this Issue with the Trustees at the hearing, but for now, this description matches the project plans submitted with the application, Sothis should be what you are lookin 7 for. "Stabilize, renourish, and reve;etate embankment eroded during Hurricane Sandy as follows: construct approximately 97 linear feet of wood terrace retaining wall along toe of embankment (landward of tidal wetlands) and construct additional terraces on face of embankment with lengths of approximately 25, 14, and 30 Lf.; renourish embankment by backfilling terraces with apprcximately 10 cubic yards clean sandy fill to be trucked in from an approved upland source; and revegetate all terraced and disturbed portions of embankment with native vegetation, e.g., Cape American beach grass, switchgrass, Virginia ro: e, and or northern bayberry; and remove and replace ±51' wood tie retaining wall and install new±26' wood tie reta ning wall, both along landward edge of top of embankment, all as depicted on the project plan prepared by En-Consulta its, dated November 5, 2013." If you need anything else, pie; ise let me know, Rob Robert F. Herrmam, MEM Coastal Management Specialm t En-Consubants 1319 North Sea Road Southampton, NY 11968 Phone: 631-28344 Fax 631-283-6136 Emag. rhamnaim®encon W.com www.enconsultants.com I is l~ Location of action: 1795 Bayview Avenue, Southold Site acreage: 17,798 s.f. Present land use: Residential, single-family dwelling with dock 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: Charles & Stephanie McEvily (b) Mailing address: 68 Roxen Road Rockville Centre, NY 11570 (c) Telephone number: Area Code 516-728-3837 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ® No El If yes, which state or federal agency? NYS DEC Tidal Wetlands 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 M Yes E] No El Not Applicable Insofar as Policy 3 is applicable to the project, the project is consistent to the extent that it will serve to preserve and enhance the existing vegetated embankment that serves as a vegetative buffer area between the upland and adjacent tidal wetlands. 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 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 LWRP CONSISTENCY ASSESSMENT FORM ADDENDUM FOR CHARLES & STEPHANIE McEVILY 1795 BAYVIEW AVENUE SOUTHOLD,NY SCTM #1000-52-5-6 POLICY 4. The subject property is one of two adjacent properties located between neighboring properties on either side of them whose shorelines are fully hardened by full scale seawalls. The subject property is thus vulnerable to absorbing erosive energy during severe storms. As a result, the embankment has suffered increased erosion during the severe storm cycle of the past several years, culminating with Hurricane Sandy in October 2013, thus necessitating the proposed project designed to stabilize the toe and renourish and revegetate what has been lost. The project is consistent with Policy 4 because it seeks to employ a vegetative/non-structural approach to restoring, maintaining, and enhancing the eroding vegetative embankment that serves as the natural protective feature for the subject property using hard stabilization components, i.e., the proposed terrace retaining walls, to the minimum extent necessary (with respect to materials, height, numbers, and lengths) to increase the likelihood of the success of the proposed renourishment and revegetation of the embankment. Without the proposed terracing, the slope has become severe enough that renourishment material would be lost and slough into the adjacent tidal wetlands and the plantings would fail. Because the most seaward terrace is proposed along the embankment toe and landward of tidal wetlands, the project will in no way impede upon public trust lands or access thereto. The, project has been designed to be consistent with Policy 6 in that the most seaward terrace is proposed along the embankment toe and landward of tidal wetlands so as to avoid any kind of permanent impact on or altering of the vegetated tidal wetlands. Moreover, the project inherently seeks to preserve, restore, and enhance the vegetated embankment that serves as the natural protective feature for the property against flooding and erosion but also serves as an indigenous vegetative buffer between the developed upland and the adjacent tidal wetlands and surface waters, thus providing habitat and serving as a sink for runoff and associated contaminants adjacent to wetlands. 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 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 Attach additional sheets if necessary WORKING COAST POLICIES Nic 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. ? 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 TITLE coastal Mgmt. Specialist DATE 11/12/13 Robert E. Herrin n Amended on 811105 Y A ION Y ~ x'4' 3 x 1 r~~ r r.~ -0 F r a s' oam.ow. .wn 31 ~ Y y s 9 r ° M1YxW~v,M]LO ~ r'A ~A Monn nK vx I ,y q - i I \ Fv T ~ i n a tl "x I 4 I 1 a I - ~ .s.sxom aswF. --F- - FO a ranee COUIMOFSUFF=® v . cecrax xo I CHARLES AND STEPHANIE M_ CEVILY, 1795 BAYVIEW AVENUE SOUTHOLD y y M1 XJ > y LD 1 4 2013 s w ~ ..r'`Y c s~.h~yy a-..- .r r~ t y1f~`4~•"` w~..E.~,,,. C tIs x~Za r> ?°i ~k~ ~t•^f r. / g ~;~+s" y . ~ • ~~T.~n°.,;.~:~i ,ert. ~ " ~f~ ~ 'ma`y f ~ Figure 1. Looking southeast at storm damaged seawall and return on adjacent prope rtti, and at locution of most northwesterly end of proposed terracing on subject property. irs - j p 5 +q. 4 < N k dk ,~r Figure 2. Looking northwest from adjacent property at subject shoreline and locution of most southeasterly end of proposed terracing on subject property (retaining wall in foreground located on adjacent parcel). CHARLES AND STEPHANIE MCEVILY, 1795 BAYVIEW AVENUE, SOUTHOLD a 1 ( } G z tr s y{ 1_ bt i ti trrjr G vR. O L ~Y.'~ Y;i a{ Ss{ a ?i frr ~YL J}q:,r3' 1 4 ,e + ra i a~ r".~a• Yi o' J,? t-,y,{{,Y'A~ A f!? x,;1',1 4,Vi, A, X ~ p~~.."'y Cj r L'~ - °~7~ ! vlr Y "-.C,c- 2 -•'!k~c °s 9~ ~rC "in.-1 s~ ~ "`a. 'r sn e , s!5 t./. ~a~~py rr ,iegr~dra~ r c rs - ~5f', r 1 - ~ l- .liJd ; l- v11.,~,~s ` ~~i.r {x~~!~q , d„s~ ~k~q'F! '`e lsa~` ~+r ~ ~ q? x fC ?r, ;~F~%'' rt o ?T~~ v-ltT~i[~u ~ ~'c 1%t ~ J~7~ t, _ ~i4~y'~ „,1° a• ~ ~~i ~ Y~ry ,~f- t ~~I ~6~r ,M:„y 4Y t ri='~'E.•i.1 ~!IC$~r~.~' tl i~'~riF ! jI~G r 4~- e , :..n ~7, * ~.Y# .,R'wa7 , `b°,~R~ o.-.E. t ~~C~j~~R 4 p t r-. 1 ~ : ;i.~ f ~h .l,.c..°9~a ,yLy'~ ~"~i.,_- .~r , ~ i.1-~f r~.'~~•E~, ~'~i; fj ~ Y t~~.vL ~4 sri r s. r' .+~,.evv~§.Ss~{+ / ~ ~ ~ ~ y y y ~ j. [ U' Ir~p~i AP.yr lam!, 7 r~.L.a' ^ l 1 11~..,,ii _l `Y~'~2' ~t'~. 61~':iP - i/ l ~l M[ ~ r', l4". aL • ~ . ~ ~f~~ i~ ~ a rr,4 ~:~~,i~ ,p„ ~ ~ ~ ~ r y Y ~~`yy~ir, '~Y t'V - 'i~ f .'.k yi. k!r'r`." 4 ~2,>~c a 'r a- a rig i 4~kn1f1 e1.~,![v. a~ f v'Y a" Figure 3. Looking northeast toward subject dwelling at face of eroded embankment to be renou~rished and terraced. t 11 0 -44 rc'•. jr r 1~3'...ii-~~9'y'0,~ 11R 'tr ~1 a ~r'N ar, 1 k+s~4 fi 'r r<4~ r Y i 8~ ~z rw "xe- - t 4`" s' ,,S^--:a ~4ti4J> .I~?t~°'arb Y~ "d16~f1l~ Sn'~;4`y/y ONW.W ! Yir L!~i 1 ` { ?Pf>N`f ash d~~+ ~n . a'? - ~ fir; 'Si tP`~ `syp~~r} r ~ ~ 'k ; a ~r ~~J ~ e~)r'' ,i, . - ,y Ay Rj fh ~r arls ••'rt' >,~s 4' f ~ yl~'~ +~1 4~- a.,'~-~ ~ry'-• d t i t,~ y`'>v R Y. ,.,ri" y~~l~l % ~ n.^mfr~~.;~ ~ xi•~,~Ra 3~%. P ~ ~a~,. ~--,~lY r, 4~• i c°..,F~~ 4J ~d 'C i, _ ~`~rt• - . may. II r..^. °!a e~x~,-•d:, •Fb ~ L3 r s,~ z wi~ ~.4' ~ a, l _ ~1; { ~"i ~ ii, 6, w , ~ ,r af'' jr ° ~,E T..:..: -;c.? I , . "~fi:--.. - r ~,~'v,. Figure 4. Looking east toward dwelling at eroded embankment adjacent to stairway. Notice dividing line between stained and unstained stairway framing and exposed, unstained portion of center support post, each reflecting previous location of embankment. g~ 1 iu 1~p 25 it "FY QD r 4 EN-CONSULTANTS 1319 NORTH SEA ROAD r5rre cs~ wn OUTHAMPTON, NY 11968 p E 9 ~9 1.283.6360, NOV 1 4 2013 t~~tt E 5 v @ AVE N 5uffdk Cwt4 Hav*m Map No. 44 BAYV1EW T f- + 2000' Notes: I. Phrpose: Reaureh, rewe-Fated, ad 5t"ize eebaknrmt acded Arta Nrrkahe 5adq 2. 17ahm: MA. - O' - 0" 3. Plan 6a< d m arvaq prepaed 64 Jcm C. NH Lad Srvapr, dated May 30, 2015 4. %44w toe of arbaknhmt, ladwad of the trial wedmis ' _ 30. banday, with arktoam terrace retetwq Wad rormmttq of pressre treated wwd boads and gaNawed sled pipe U 5. The erat Heber, bralim. and 646 of terraces to 6e v esta WrA m face of mbakmat we to 6e debmaknd 64 co*acbor at tme of protect mip6nffkatim based m voa~H v then wrap dopes ad w,getaUw mid6w of mhAmm t ri 6. Enbabm k 15 to be rarul4od wtth hq to 15 able 4ad5 of ri deal 5md4 fill to be tamed in frao m approw.d upland s w ad used to 60M proposed terrxmq o FRAIL ;ajSE -1. R teased ad dizhrbed Patrols of mbakn a t ae to 6e U S w*tated a rewcF bAM with wbe w,+-Uhon, aq.. Cape YES Q Aimricm beach qass. gwkhwra . Vkrou rose. ad/ a 6a{6rq 8. No heaq madwhery 15 to be plied a operated seawad of the o a~ tap of the mrbakmed +m°D °E Z 9. Plan ad aoswiew JwTa we sdwu& in refire ad ae mwtw ak to e l lsh pr*xt 6raLw, scope, ad bask camt cum detain fa pamkttq Prposes ad ae ra WteMW to saw as a ab5bh*e fa agreerlrq a STORM ERODED BANK TO BE cambwc pk ` for rormbwttn pupa RESTO D VIA TERRACING, t59' 10. Proyd6mbm: IM713a{New Aw ,'aaAhdd; RENOU ISHMENT, AND REVEGETATION E%. ±5' x ±13' 5CfMNo.l000-52-5-6 (SEEN TES FOR DETAILS) PLATFORM/STEPS +51' WOOD TIE WALL TO BE PROP. ±26 WOOD TIE WALL AT TOP OF BANK REMOVED k REPLACED TOP OF SLOPE ADJ. SEAWALL RETURN TO BE REMOVED AND RELOCATED TO PROPERIf LINE (SEE APPLICATION + 4 PROP. +97' TERRACE WALL ALONG BY GASTON FAMILY, LLC X25 - HM . .h. BANK TOE (LANDWARD OF TWB) . Wp00 ON BANK /PROP. E WAULS NEEDED (T(P.) TMB TERR WNERE NE W E W W W Y ?r W W BOTTOM OF SLOPE FAC W W W W Y ,Y Y W ' I W - W PROP05W W5TO1ZATION OF 5TORM = MOMP WPANKAM FOR CM 5 ANn N10QU E 51TPHANIe MaVILY ON ARSHAMOMOOf S 1-I AM PONn, 5our 19, 5TFOLK COUNTY, NY - AR POND SHffr i or 2 5FCTI0N THFU PP0P05Fn TKf2ACIN6 AN12 EMI3ANKWNT ff5TOV910N C TYPJ 0 S for OF 5101'E AMA5 LANDWAPD OF FFOPO5~D TPPPACF WALLS TO 6E FILLED WTN CLEAN SAND AND PEVEGEfATED (5EE N0TE5) EX. CPq _ I 6" x 6" WOOD It W V L ± 2' f0 6E PEMOVED & PEPLAGED TW3 ALW= -01-0" ~NMm EX MOP05ED TEPPACE WALLS (fYF,) I3off0M OF 5~ovE (2" x 12" x 4' -6' WOOD 6OAPD5 TTP 5VM N 1,25" x 6' - 8' GALVANIZED FI 5) EN-CONSULTANTS 1319 NORTH SEA ROAD SOUTHAMPTON, W 11968 631-283.6360 StOPM PPOP05W 1f5TOPATION OF ROMP WPANKMENt FOR CME5 AN12 %EPHANIE MCMY ON AP9"OMO(n POND, 5M M, 5FFOLK COUNTY, NY 9VT` 2 OF 2 II-5-O SURVEY OF PROPERTY N SITUATE: SOUTHOLD E TOWN: SOUTHOLD jj SUFFOLK COUNTY, NY 5UKVEYED 05-30-2013 H CERTIFIED T0= SUFFOLK COUN TY TAX # 1000-52-5-6 CHARLES MCEVILY STEPHANIE MCEVILY\ 6~ R6,° ~OVO ipI- o\' s~ Y l~Q P{ t~ ST L \ sa~\ 0 Fyoo~ ~ g 9 Y~~~ ~v v~ 9 o~eV i qy.~ L, ~S/y ~ 'Y~r 3 r~A A~~S'r Jp ~U d\~ ~j O 3iv\9 Oa` t~ lLiO 00`~~ o o° F0 •~Q o `G ~~`wv< g z 50C .O 0y CID WETLAND FLAGS SHOWN THUS SET BY EN-CONSULTANTS Fp 5 ON BACCHARI5 BUSHES AT EDGE OF VEGETATED SALTWATER WETLANDS ON 5-1 -13 unaamorimd dteratlon or addition to o a."., NOTES: mop ,loan, o licensed land as sent is vlara0on or secllon 7209, sae-eiWalon 2, of the O PIPE FOUND JOHN C . E H LE RS LAND SURVEYOR Neff `or' State `d1`9t101 `°e I X I = ELEVATION 1 . 1' 'only rooted o-emgme on9l, or Pia Very ha ' orkee wm a far or ma ions a .t.... e gent non he aonsteed to be aerd has Area = 17,957 5q. Ft. "C.O.'cotions md-led hereon .q,il, flat role Area = 0.4129 Acres 6 EAST MAIN STREET N.Y.S. LJC. NO. 50202 sh"9 cod: o `"pc°ce for Ladne"`s~rwp dopted GRAPHIC SCALE I 30' RIVERHEAD, N.Y. I i901 m per nv the gogole , Pe.aC°tma at Fmbesonal 3G9-8288 Fax 369-8287 °10 he person o pain ear y oreoaree, and on Its henmt to the dna ao,no°"y ,re a. and Ionglelandlandsurveyor.com tai agency and rending r0t,tm° hate, hereon. and to the aregales of the rd a' m,UtaUw. Cerllfco- unes ore not transferable to cool mellwUOne