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Home My WebLink About1000-111.-13-6OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 °F SOujyo� MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631765-1938 Fax: 631765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: John Bredemeyer, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: February 18, 2014 Re: Local Waterfront Revitalization Program Coastal Consistency Review for ELLEN F. EMERY 1999 REVOCABLE TRUST SCTM# 1000-111-13-6. Lark & Folts, Esqs. on behalf of ELLEN F. EMERY 1999 REVOCABLE TRUST requests a Wetland Permit for the as -built 100' timber pile vinyl sheet bulkhead; as -built 80' timber pile tongue -and -groove sheet retaining wall with two 8' returns located ±25' landward of bulkhead; as -built 80' mid -bluff timber pile tongue -and -groove sheet retaining wall with two 8' returns located ±55' landward of bulkhead; as - built 85' timber pile vinyl sheet retaining wall with a 12' return and a. 25' return located f10' landward from top of bluff; as -built bluff stairs from top of bluff to beach consisting of a 4'x7' access platform leading to a 4'x28' set of stairs with associated 75sq.ft. platform to a 4'x7' set of stairs with associated 95sq.ft. platform to a 4'x17' set of stairs leading to a 4'x13' walkway with a 4'x10' set of stairs to beach parallel to bulkhead, supported by 8" timber pile posts and composite materials on stair treads and decking; as -built 1,800 cubic yards clean fill spread evenly between retaining walls to replace lost bluff material with placement of erosion control jute matting on bluff; for a proposed rear -yard drainage system to direct roof rain and surface water away from house foundation and upland retaining wall by providing a drainage swale with 4 PVC pipe to a drywell in the front yard area; and for a proposed 200sq.ft. deck of composite decking supported by 6"x6" posts located 10' landward from top of bluff. Located: 5925 Nassau Point Road, Cutchogue. SCTM# 111-13-6 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 as -built structures are INCONSISTENT with the LWRP Policies 6.3 (below) and therefore, INCONSISTENT with the LWRP. 6.3 Protect and restore tidal and freshwater wetlands. 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The actions do not comply with Wetland Permits issued. 1. The bluff stair does not conform to permitted specifications (7706, 7652 and 8222) The 95 square foot stair landing stair was not included in approvals. Wetland Permit 8222 allows the installation of a 10x10 observation platform at the mid -bluff retaining wall. It looks like the 75 square foot platform would comply with this condition. 2. The as built retaining walls do not conform to permitted specifications (8222). 3. The as built bulkhead does not conform to permitted specifications (8049). 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 A. INSTRUCTIONS ip , (�*,r LWRP CONSISTENCY ASSESSMENT FORM 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. *&cept 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 Watmfront Revitalization Program. A pMposed action will be evaluated as to its sianificant 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. Thus, each answer must be explained in detail, listing both suuuorong and non- suaeorting 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 (s-uthQldtowh.nort�ifork.net);- the Board of Trustees Office, the epartment, ail local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 111 .13 6 JAS i ? PROJECT NAME ELLEN F. EMERY RESIDENCE �JJ+.illili:U iLYill ~ The Application has been submitted to (check appropriate response): eoara or trustees Town Board ❑ Planning Board ❑ Building Dept. ❑ Board of Trustees 0 1. 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) (c) Permit, approval, license, certification: Nature and extent of action: .Permit approval for: "as built" restoration o �iuifdes FEB -- 3 2014 Superstorm Sandy; upland drainage plan; observa 'on deck 10' Yandward from crest of bluff; (SEE ATTACHED_ CONTINUATION PAGE) PROJECT DESCRIPTION FOR WETLANDS PERMIT (CONTINUED) AS 6%,c,i14"100' timber pile vinyl sheet beach bulkhead; & timber pile tongue -and -groove sheet retain'ng wall with two 8' returns located 25'± landward of bulkhead; 80 mid -bluff timber pile tongue -and -groove sheet retaining wall with two 8' returns located 551± landward of bulkhead; 85' timber pile vinyl sheet retaining wall with 12' return and 25' return located 10'± landward from top of bluff; 4' wide stairs supported by 8" timber pile posts with stair treads of Timbertech composite decking from top of bluff to top of bulkhead; 4' wide beach stairs parallel to bulkhead with fiberglass reinforced plastic treads; 1800 cubic yards clean fill spread evenly between retaining walls to replace lost bluff material; placem t of erosion control jute matting on bluff. nos Rear -yard drainage system to direct ro f ra' and surface water away from house foundation and upland et ening wall by providing -a- drainage swale with- 4" PVC pipe a drywel1 -in -tire front -yard area. Pral"91d200 sq. ft. deck of Timbertech composite decking supported by 6" x 6" posts, located in rear yard 10' landward from the top of the bluff. �v,er ,-- S4ZA'r_5 d'rlc,l r�,s CONTINUATION PAGE SECTION B-1 LWRP CONSISTENCY ASSESSMENT FORM LARK & FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE, NEW YORK 11935 RICHARD F. LARK MARY LOU FOLTS Southold Board of Town Trustees 54375 Main Road P.O. Box 1179 Southold, NY 11971 ATT: Elizabeth Cantrell Tele. No. (631) 734-6807 Fax No. (631) 734-5651 E-mail: LarkandFolts@aol.com January 31 RE: Application of Ellen F. Emery (Trustee of the Ellen F. Emery 1999 Revocable Trust) SCTM #1000-111.00-13.00-006.000 Dear Ms. Cantrell: •:.� fig,, � :. y �� , .� JAN 3 1 2014 JuUil'v:ii itiY�it ~ In response to your recent inquiry concerning the stair system on Ellen Emery's property as set forth in her wetlands application dated January 17, 2014, be advised the stair system was built by Seacoast Construction, Inc., as shown on the survey of John C.' Ehlers dated 11- 20-2013 (Ex G) and as also shown on the "As Built Retaining Walls" by Dan Seligmann PE dated 12-12-13 (Ex F Item 1-A) and "As Built Retaining Wall Details" by Dan Seligmann PE Rev. 1. 01-08-14 (Ex F Item 1-B). Running from the top of the bluff to Little Peconic Bay (west to east), the stair system is described as follows: 1. 4' x 7' stair access walkway, 28+ sq. ft., with 1' x 5' composite decking by Timbertech; to 2. 4' x-2-8' set of stairs, treads 1' x 5' composite ecking IV Timbertech; to t 75 sq. f landing with 1' x 5' composite decking by Ti ertech; to 4. 4' x 7' set of stairs, treads 1' x 5' composite decking b Timbe.rtech; to 5. 95 s . ft. landing, 1' x 5' composite decking by Timb Qrtech; to Southold Board of Town Trustees -2- January 31, 2014 6. 4' x 17' set of stairs, treads 1' x 5' composite decking by Timbertech; to 7. 4' x 13' 52+ sq. ft. anti-skid fiberglass reinforced plastic walkway; to 8. 4' x 10' set of stairs, flow-thru reinforced vinyl treads, to beach. Hopefully, this is in response to your questions concerning the stair system. However, if you have any other questions, do not hesitate to call. Very truly yours, Richard F. Lark RFL/bd cc.: Lori Hulse, Esq. LoeaEionofacdon: 5925 Nassau Point Road, Cutchogue, New York Site acreage: 6,000 sq . f t . Present land use: one -family dwelling Premat zoning classification: R-40 (Residential Low Density) 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: ELLEN F. EMERY (Trustee of the Ellen F. Emery 1999 Revocable (b) Mailing address: 121 Somerset Avenue, Garden City, NY 11530 (c) Telephone number: Area Code () (516) 746-4038 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yea ❑ No If yes, which state or federal agency? 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. DEyELOPED 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. 0 Yes [:] No p Not Applicable Complete restoration to protect bluff soil from eroding into Bair 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 Q Not Applicable Attach additional sheds 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 []x Yes ❑ No ❑ Not Applicable Restoration has prevented future bluff erosion Attach additional sheets if necessary NATURAL COAST POLICIES Policy A. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section M — Policies Pages 8 through 16 for evaluation criteria x 1:1 Yea No Not Applicable "as built" restoration has prevented erosion Attach adMond sheets if necessary — Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section M — Polities Pages 16 through 21 for evaluation criteria ❑ Yea ❑ No ®Not Applicable Attach additional sheds 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. U ❑ ❑ Yes No Not Applicable prevent soil polution of Peconic Bay Attach addidooal sheets ifnecessary • 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 �.� ,I 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 evaluatiop criteria. ❑ Yes ❑ No 0 Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational two 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. ❑ YeZI No FRI Not Applicable Attach additional shouts if necessary WORKING COAST POLICIES Policy 18. 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 ax Not Applicable Attach additional sheds if accessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peeouie Estuary and Tower waters. See LWRP Section III — Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No ❑ Not Applicable Attach additional sheets ifnecessny Policy 12. Protect agricultural. lands. in the Town of Southold. See LWRP Section IU-- Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No 0 Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate we and development of energy and mineral resources. 'See LWRP Section III — Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No 0 Not Applicable PREPARED BY Richard F.- Lark TITLE - Attorney DAT 1/14/14 30 0 30 GO Graphic 5rale hit, Nbr. Drainage 5wale 5action LD 0 0 0 9 0 LEGEND RAwoff D,ret- 4* PVC Perforated Dram Fqn 4* PVC Drain P" D5 Downspout DW Dryeh Note5: I=a in accordance ,th A arpkc.W. state wJ Dramngs base on 5urveo provx�eed by John C. Diem dated 05-14-2013 and srte s,ts July 20. August 2G am October 30.2013. Spnnklers my be utitalLed G" beft� grade Gutter can dran nito french drain if drain imac * mcreased to G4. Dan 5dicjrnann FE 5P-aCOa5t Con5truction LIC:077043 5.ayvilic, NY Ellen Emery Residence 5925 Nassau Point Road Cutchogue, NY 11935 Draina-�e- Man CALE AS SSHOWN DRAWNG NM DF -I mAM EWDS CATE 1 1-27-13 GATE -T I -e, ru 1�0 I (� 52'- • —j�� 3 I'-2" k I I I 1 x5 Composite decking (TYP) Y 2x 12 Joists I G" OC by Timbertech L 3x 12 5tair runner (4/5tair) 1/2" Dock Bolts,Nuts 8" Rise, I I "Run Washers (TYP) Toe Board v 2x8 Rail Gap 28'-0" s 2xG Rads 8" Timber Pile (TYP) 10.1 2xG Timber Cleat (TYP) Q Dimensions are ap roximate See survey for exct dimensions 4' Stair Treads Typical Stag Section and Deta115 FRP Grating FRP Grating Scale: 1/4"= 1'-0" Profile wale: u8"= i'47 3'-O" 10" Class B Timber Pile deadman 2'-6" Section A -A Scale: 114"= 1'-0" -FRP Grating 12" Class B Timber Pile 25 ft long -G"x8" Timber Waler (TYP) -3/4" Galv. Dock Bolt, Nut *- Washer —I " Galv.Tie Rod, nuts * washers Shoreguard G50 Vinyl 5heetmg I G' Long 0770413 OF INE 'I—l'Galv. Rod cal Anchor 8"-10" 3"x 10" T*G 5heetmg 14' long 10" Class B Timber Pile 20 ft long -G"x8" Timber Water (TYP) 3/4" Galv. Dock Bolt Nut * Washer (fyp) 0" Class B Timber VI Batter Pile I G ft long I Section B -B Scale: 114"= P-0" 5horeguard 425 Vinyl 5heetmg I G' long G"x8" Timber Waler (TYP) 12" Class B Timber Pile 20 ft long' ,n Existing Picket Fence 3/4" Galv. Dock Bolt Nut � Washer (fyp) Section C -C Scale: 1/4"= P-0" Engineer: Contractor: Dan 5eligmann PE Seacoast Construction Ellen Emery Residence A5 built Retaining Wali Detall5 Rev 1. O 1-08-14 SCALE M"A"D. LIC: 077043 Sayville, NY 5925 Nassau Point Rood Cutchogue, NY 11935 AS SHOWN 1 02 MADE IT DS DATE 12-12-13 t1 -A CH'KD BY DATE --' Te -VA It- 10 N ote5 : All work done in accordance with all applicable state and local codes. Drawings based on Surveys provided by John C. Ehlers dated 05-14-201 3 and Site vi5it5 July 20, August 2G and October 30, 2013. Materials: Timber piles - ASTM Cla55 B 2.5 CCA Treatment Structural Timber - 5YP Marine Grade 2.5 CCA Treatment Bolts, rods etc. ASTM 307 hardware - All hardware hot dipped galvanized Railmg5 - 5YP Min No. I Grade Vinyl 5heeting - 5horeguard 425 and G50 by CMI Decking and Stair treads - Timbertech Composite Decking Engineer: Contractor: Dan 5eligmann PE Seacoast Construction Ellen Emery Residence A5 Built Retaining Walls Rev 1.01-08-14 Sr -KE DRAWING No. LIC: 077043 Sayville, NY 5925 Nassau Point Rood Cutchogue, NY 11935 AS SHOWN 0 1 uADE DS DATE 12-12-13 CH'KD s, DATE �e A A IC Deck Plan Scale: 1/8"= 1'-0" Notes: All work done in accordance with all applicable state and local codes. Materials: Structural Timber - 5YP Pressure Treated Bolts, rods etc. A5TM 307 Hardware - All hardware hot dipped galvanized Railings - 5YP Min No. I Grade Decking and 5tair treads - Timbertech Composite Decking I: -�eM X13 Deck Framing Scale: I /8"= 1'-0" Ellen Emery Residence 5925 Nassau Point Road Cutchogue, NY 11935 I x5 Compo5ite decking (TYP) by Timbertech 3x 1 2 5tair runner (4/5tair) 5" Rise, I I " Run 1/2" Dock 6olt5,Nut5 t Washers (TYP) G"x G" Posts (TYP) Concrete Footing (TYP) 2x8 Rail Cap 2x6 Rails (Typ) 4 x4 Post (Typ) - 2x 12 Joi5t5 I G" OC Section A -A Scale: I /8"= 1'-0" Proposed Deck Deta115 Existing Sheeting wall SWE MOM MD. A5 SHOWN MWE Ur os� aE j8- 4 D- I aIM w are