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HomeMy WebLinkAbout1000-52.-5-8.1 OFFICE LOCATION: O~~IJF so~ryo MAILING ADDRESS: Town Hall Annex ti P.O. Box 1179 54375 State Route 25 4 Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) Telephone: 631 765-1938 Southold, NY 11971 Q Fax: 631 765-3136 OOUNTV, 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 9, 2013 Re: Proposed Wetland Permit for ANDREW & KAREN WILLS SCTM#1000-52-5-8.1 En-Consultants on behalf of ANDREW & KAREN WILLS requests a Wetland Permit to construct two (2) +/-93 linear foot wood tie terrace retaining walls, one along toe of embankment (landward of tidal wetlands) and one on embankment face, each with tow (2) +/-5' returns; re-nourish embankment by backfilling terrace retaining walls with approximately 15 cubic yards clean sandy fill to be trucked in from an approved upland source; re-vegetate +/-10' wide embankment with native vegetation, e.g., Cape American beach grass, switchgrass, Virginia rose, and or northern bayberry which is to be maintained as a non-turf buffer area. Located: 1675 Bayview Avenue, Southold. SCTM# 52-5-8.1 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 Policy Standards and therefore is INCONSISTENT with the LWRP. The action does not meet the below policy. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction It is recommended that the Board correctly identify the erosion control structures on the site plan dated I IM13. The term "terrace wall" is not an identified erosion control structure in Chapter 275. The structures are either a retaining wall or bulkhead depending on location. In this case the bank slope, AHW and location of high marsh must also be considered in determining the correct structure. Pursuant to § 275-11, if the structure is determined to be a new bulkhead then it must be designed as a low sill bulkhead. Additionally, a 10' non-turf buffer is required. A 10' non- turf buffer is proposed. In the event that the action is approved, it is recommended that the Board requires that the existing tidal wetland vegetation be undisturbed to the greatest extent practicable during the construction of the erosion control structure. 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 Towh of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I. A II applicants for perm its` including Town of Southold agencies, shall com plete this CC A F for proposed actions that are subject to the Town of Southold W aterfront Consistency Review Law. This assessm eat is intended to supplem ent other inform anon used by a Town of Southold agency in m akin g a determ in ation of consistency, *Except minor exempt actions' luding Building Permits and other ministerial permits not located within the Coastal Erosion Haz d Area. 2. Before answering the questions in Section C, the preparer of this f should review the exempt minor action list, policies and explanations of each policy contain in the Town of Southold Local Waterfront Revitalization Program. A proposed action will evaluated as to its si nificant beneficial and adverse effects upon the coastal area which incl s 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 an conditions contained in the consistency review law. Thus each answer must be ex lained in etail listin both supporting and non- suaaortine facts. If an action cannot be ce/rtified istent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the folonline at the Town of Southold's website (southoldtown.northfork.net), the Board of e, the Planning Department, all loc al libraries and the Town Clerk's office. D B. DESCRIPTION OF SITE AND PROPOSED'-- SCTM# 52 - 5 8.1 013NOV 7 4 2013 PROJECT NAME Andrew & Karen Wills E J The Application has been submitted to (check appro response): Town Board El Planning Board? Build' Dept. El Board of Trustees Category of Town of Southold agency actio (check appropriate response): r (a) Action undertaken directly by To agency (e.g. capital ? construction, planning activity, ag cy regulation, land transaction) (b) Financial assistance (e.g. grant, to n, subsidy) ? (c) Permit, approval, license, certify tion: Nature and extent of action: Stabilize, renourish, and revegetate em lanent erod during Hurricane Sandy as follows: construct approximately 97 linear feet of wood terrace retaining wall along toe of bankment landward of tidal wetlands) and construct approximately 3 additional terraces on face of embankment with lengths of appro imately 21, 14, an301.£, where the exact number terraces and terrace lengths shall be determined by contractor at time of project pleme tion aced on then current slopes and v etative condition of embankment; renourish embankment by backfilling terrac with pro ately 10 cubic yards clean sandy ill to be trucked in from an approved upland source; and revegetate all terraced anistur d rtions of embankment with native Vegetation, e.g., Cape American beach grass, switchgrass, Virginia rose, and or northe b b ; and remove and replace +/-51' wood tic retaining wall and install new +/-26' wood tie retaining wall, both along landward ed top of embanlanent, all as depicted on the project plan prepared by En-Consultants, dated November 5, 2013. Location of action: 1675 Bayview Avenue, Southold Site acreage: 24,821 s.f. 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: Andrew & Karen Wills (b) Mailing address: 1675 Bayview Avenue Southold, NY 11971 (c) Telephone number: Area Code 631-7654197 (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. Dyes ? 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 ® Yes ? No ? Not Applicable Insofar as Policy 3 is applicable to the project, the project is consistent to the extent that it will serve to restore and preserve the previously existing vegetative condition of the 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 ANDREW & KAREN WILLS 1675 BAYVIEW AVENUE SOUTHOLD,NY SCTM #1000-52-5-8.1 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 the avulsive erosion of the embankment during Hurricane Sandy in October 2013, thus necessitating the proposed project designed to stabilize and restore the embankment. 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 wood tie terrace retaining walls, to the minimum extent necessary to increase the likelihood of the success of the proposed renourishment and revegetation of the embankment. Without the proposed terracing, the width and slope of the embankment cannot be successfully reestablished, as the unretained renourishment material would be lost and slough into the adjacent tidal wetlands and the plantings would fail. Because the most seaward terrace wall 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 wall 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 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. ? 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 4yf /1~ TITLE Coastal Mgmt. Specialist DATE 11/12/13 Robert F. HL-fmann Amended on 811105 Y1 R ~~.wn~ ~ e + • ) F R s' ~ravr aiVa1 ¢rra ? e ' ~ a?aFl P~\O~ 4 OA ~ I ~ j! o~\\ ~ Y r ewx I mw~a~nao .t, I I v \S n (1 e A i C' J A F~F~ j \ y S 9 I 31 O \ a.b Y P aae e.cw a • o- i ~ ascxt® ~ws ap F norms WO OFSUFFW Q v o ~caaw _Q - NYIy p'TY[. SeMpsty s 52 ANDREW AND KAREN WILLS, 1675 BAYVIEW AVENUE, SOUTHOLD ~s 0 ti~l A C ~ C . ~y. ;p, ~ r~ tV`S+C` Figure 1. Looking southeast after Hurricane Sandy at avulsively eroded embankment to be stabilized and restored. f 7er . ~ skfi: kr 7 J~~~i~C.-+'*.- 4 _ ?F~~ o'..-tr;'~•. -^-s",,; .'maw Figure 2. Looking northeast after Hurricane Sandv toward subject divelling and at face of avulsively eroded embarkment to be stabilized and restored. ANDREW AND KAREN WILLS, 1675 BAYVIEW AVENUE, SOUTHOLD ~ 1. A, hr S t. rs' L .~IC• ,rq~ ~ _ A Figure 3. Looking northwest after Hurricane Sandy at corner of concrete seawall on adjacent property to southeast {and toward eroded embankment to be stabilized and restored. 4 ~~lY r1)~}~~j ~r 'f~~~17m -P7 t, a F ,j Y x pr 1~~ g a$~3"ir r t v .f-~~ 1A r r XtJ Q ~~t Figure 4. Looking east from dock in Miry 2013 toward dwelling and site of proposed embankment restoration. EN-CONSULTANTS 1319 NORTH SEA ROAD SOUTHAMPTON, W 11968 631.283.6360 Sn c i'ccESS VIA 1 "eamvp"m V 1 AV 5 BYV1Ew A 51A t* Corky HurArm Map No. 44 7~ f e r-- - 1 , + 2000' DRIVEWAY r Notes: 1. Pirlwse: Resrnrlsh, rewegetate, and slaMize GARAGE > emba~ ercdeddngNrrlcaiC5ad4 y 2. Dahm: N& - 0' - 0" 5. Plat bared m arw;y prepared by John C. EHer5 Laid , dated MEN 50, 2013 U 4. 5L44w tae ad fare OFenibakmait, ladwad OFtdd w dm k, with ( 2) onntnas wand tie terrace retai" wa115 can K* of 6" 16" prepare treated Wm h ( adored with 6" 16" ad (4) + 5' re.., al Mardis, to be hotdgped 4wraed steel STORY Ci t FRAME HOUSE 5. Pppronvotely 15, M dean 5=44 N to be trucked n fm en approved uplad sarce as raXVLdmaht/ badfll mater Li 6. Raambed albakilmit dhall be mmortated wkh rauw vocatata eq., Cape hnffkm beach 4aos. swkJwas, Vr*u rose, WOOD DECK ad/ a bal4eay, ~ niatiFared as 10' ro~rF buffo 2 No heat' medwsry s to be plam'd a operated seaward or the tap oFthe m barkn't ' _ 30, B. Hai ad aosgmw dMOrans are %hmk tx in nahre and are nta'w sly to ,Swam prapct brahat wipe, ad basic ,mb,,U, JcLais fa wrnlt. prposes sad are wt ohm" to sere as or subshhke for akp" a cm*wtbn plas fa avwmctnn prposes ±81' 9. Propel brtwr.1675 BaNiew hanie, 5w"; / ±62' 5CTM No.1000-52-5-8.1 APPROX. LIMIT OF STORM ERODED EMBANKMENT TO BE RESTORED VIA TERRACING. RENOURISHMENT, (2) ±93' 6' x 6' ODD TI AND REVEGETATION, WHICH SHALL BE MAINTAINED TERRACE WALLS WITH 4) ±5 RETURNS AS 10' NONTURF BUFFER (SEE NOTES FOR DETAILS) t6 D E t5 ~p t OF BANK - EX. 4' x 15' STEPS ERODED TOP _ 1 ADJ. 93 WALL g3 W „ NOV 1 4 2013 wppO~w~ ~nOM OF SLOP x. rte f,SNN\NO ~,.i - .r YY a .r ? .r .r U ia,,i Qjj ? Y W W Y Y Y W Wi ~ V Y Y W W W ~ - A - ' ' A FS x PO 14 1) PROP05W M%OPATION OF 5TORM W W MOPW EMPANKMENT FOR ANMW AN19 KMN ftI 5 ON AR% MOMOQT FON19, 5OUTHOI 9, SUFFOLK COMM NY 51f I OF 2 II-1-13 5~CWN THPU PPOP05N2 MAMMT 1'FpPXIN6 ANn ANn PF5TOPMON (T11') O'- + A}AS ANDWARD OF PROPOSED W007 E WAL 5 f0 6E 6ALKFILEED/ n fOP OF SLOPE kTNOIRIAP WITH a. AN 5ANPY FILL AN7 Ff VEGETAIEI7 (5EE NOfE5) + 2' b" x 61 x VAR. L%6fH VMMEN (fYP J _ AHN - 2' -5' Z PROPOSE 6" x b" W001 TIE TERIALE WA15 - ~ N &W- -0 -O_ M---M n 60TTOM OF 5110PE -Nc~U~Cyyya~ ofcn O w Z 7c N = ~o C7 w Q Z C5 :z CAI, m o Z D - a N °vp ~ a C>l I SURVEY OF PROPERTY N 51TUATE: 50UTHOLD TOWN: 5OUTHOLD W E SUFFOLK COUNTY, NY n I V E SURVEYED 05-30-2013 ?pppn~ppsj -~D SUFFOLK COUNTY TAX # S 000 -52-5 -8.1 N0V 1 4 2013 CERTIFIED T0: 7- 7 ANDREW WILLS KAREN L. WILLS ds 7I-~ b i 0 0/, 9G D ES ,V~ ~g cF cc \C)3 60~QtJoad9al yPr / S V'*6 lc~ / F / lOt 'S~ L[ 'b w 2 sfc~ / A. / 0 , ] s 4 0 y~ 3 9 / ~G3' ' a 00o~,oti~d~ LiO 09\\ a~~ 3>< A \ O of o iLO \ :ko~'~~~c \ 0/ F h- sl! c. E ~o WETLAND FLAG5 5HOWN THU5 5Ef BY EN-CON5ULTANT5 ON BACCHARIS BU511E5 AT EDGE OF VEGETATED 5ALTWATER WETLAND5 ON 5-1-13 Q O SHOWN ON A CERTAIN MAP MAP SHOWING 5U DIVISIIONOF PROPERTY KNOWN AS SUMMER ~~SFD 1. NO SUP HAVEN", AND FILED IN THE OFFICE OF THE CLERK OF THE COUNTY OF SUFFOLK ON JULY 5, 1933 AS MAP NO. 1 1 33 NOTES: Unwiloa:ea dlerat,on or odmran to a map bearing a Ilce...6 Ioa wrvepri scsurvey mNot'., of .-flan 720, .ub-dMeion 2, m the STAKE FOUND New York State `d I X I =ELEVATION 1. JOHN C. E H LE RS LAND SURVEYOR ank.OIrom the o of f thin mla "y a orkea .0 a .".a., .r , ,h lone w.a i mmpea deal l aonmi be daneider.a . ed m be wra. o-ae Area = 24,82 1 Set. Ft. •arurammna memmm hereon I that Ihia Area = 0.5698 Acres survey ea..... reed ~n aacnraonntil in. a>- 6 EAST MAIN STRPET N.Y.S. IJC. NO. 50202 Win, Cade m w.atlne far band Sarwy. adapted GRAPHIC SCALE I 30' by the New ort. dale Assoclat,on of all . iaat, RIVERHEAD, N.Y. 1 1901 369-8288 Fax 369-8287 to he'yp'pn for'wh°oar the zurvnr "a prepared, ontl °n nla behall to !ne Mlle compony. ,owermawn- men long15landland5urveyor.com lo' oq.n.y and leading in.cwuon nal>a ne.eon. and to Ih< uigneea at the lending irht;Wtion. Cadlllm- Ilans are not Iromtereale to addlUanal Ina11t0lon.