HomeMy WebLinkAbout1000-52.-5-6OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY 11971
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
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: October 15, 2014
Re: Proposed Wetland Permit for CHARLES & STEPHANIE McEVILY
SCTM# 1000-52-5-6
CHARLES & STEPHANIE McEVILY request an Amendment to Wetland Permit #8353 to connect
the +/-25' and +/-14' middle retaining walls by constructing a +/-13' section in the center and a +/-
10' section at westerly end to meet adjacent seawall for a total length of an approximately 92' long
middle retaining wall; and re -nourish the +/-15' area of the embankment where further erosion has
occurred. Located: 1795 Bayview Avenue, Southold. SCTM# 52-5-6
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 proposed actions are CONSISTENT with the Policy Standards and therefore 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
' Towii of Southold
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
I. All applicants for permits* including Town of Southold agencies, shall complete tuts "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 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
Waterfront Revitalization Program. A proposed action will be evaluated. as to its significant
beneficial and adverse effects upon the coastal area (which includes all of Southold Town).
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 supporting and non -
supporting 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 Board of T ' tees Office, the Planning Department, all
local libraries and the Town Clerk's office.
E a� a B. DESCRIPTION OF SITE AND PROPOSED ACTIq
SCTM#
_ / SEP 19 2014 ` f
�� � - � f
i
PROJECT NAME
The Application has been submitted to (check appropriate response): F71
Town Board ❑ Planning Board ❑ Building Dept. ❑ Board of Trustees "
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:
8
x'4353 TO �E,�- Nd
,pups it— Ail- -/7 M- (�aNST}2yc7-i ol✓ o6ssk✓+% i 0lI 6Y -r f%S7�-Es .
Charles and Stephanie McEvily
1795 Bayview Avenue
Southold, NY 11971
(516) 503-6776
cmcevily@aol.com
George W. Hammarth, Deputy Regional Permit Administrator
NYSDEC Region 1 Headquarters
SUNY@Stonybrook/50 Circle Rd.
Stony Brook NY 1170-3409
Permit ID 1-4738-03592/00002
Dear Mi . Hammarth,
We are in possess , -7:-s I;- above numbered permit to "Stabilize eroded embankme-, b�,
97 linear feet of retaining wall along toe of embankment. Construct additional on face of
embankment and backfill with 10 cu. yds. of clean fill from an upland source: Revegetate all disturbed
areas with native vegetation. Remove and replace in-place existing 51' retaining wall along top of
embankment and construct 26 linear feet of new retaining wall along top of embankment. All work must
be done in strict accordance with the attached plans stamped "NYSDEC Approved" on January 24,
2014." A copy is attached for your convenience as exhibit A.
Subsequent to the approval, the adjacent property owners replaced their seawall and the pre -
construction inspection conducted by Southold Trustee Michael Domino revealed that further erosion
occurred after the issuance of the permit. Mr. Domino suggested we apply for a modification of the
permit to : Replace the middle terraces (currently two) on the face of the embankment with a single
terrace running in a southwesterly direction between the concrete steps and the new seawall. This
would involve extending the original plan for that terrace by +/- 10 linear feet to meet the new seawall
and to connect the two other terraces in the original plan terracing to re -nourish the embankment
which has been further eroded since the permit was granted by +/-15 linear feet. A copy of the
modified site plan and photos of the site taken on September 12, 2014 are attached as exhibit B.
DEC analyst Alexa Fortier had viewed that property prior to the issuance of the permit and we were
informed by Rob Herrmann of EN -Consultants that she noted in the file that the DEC recognized that the
locations and lengths of the upper terraces may change from what is shown on the plan based on field
conditions at the time of installation, as monitored by the trustees. This application is based upon the
inspection by Southold Trustee Michael Domino.
The fee of $200 for this amendment is enclosed. Please advise if there is anything we can do to assist
you in considering this application.
Charles McEvily
AS4phaniecEvily
Location of action:
Site acreage:
Present land use:
Present zoning classification:
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:
(b) Mailing address:
(c) Telephone number: Area Code (
(d) Application number, if any:
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes ❑ 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.
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.
[E -Yes ❑ No ❑ Not Applicable
Joe- t.VU"*4- -.d R3s_3 ula5 4I-e-VrLelr.% ALt-",��
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See
LWRP Section III-�Po�licies Pages 3 through 6 for evaluation criteria
ElYes ❑ No I ' I 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 [D Not Applicable
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
mr✓iI'M izcS Grro9iOr1 a 9 . e—r 4-g . � P3S3
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
u 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
throug 32 for evaluation criteria.
7
❑ ❑
Yes No Not Apl.._cable
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 1:1No E 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. ((��
ElYeZ 1 No 12 Not Applicable
Attach additional sheets if necessary
WORKING COAST POLICIE,
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 [ENot 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.
la'Yes ❑ No ❑ Not Applicable `
Attach additional sheets if necessary
Policy 12. Protect agriculturallands in the Town of Southold. See LWRP Section III — Policies; Pages
62 through 65 for evaluation criteria.
ev
❑ Yes ❑ No 1=1 Not Applicable
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP
Section III — Policies; Pa es 65 through 68 for evaluation criteria.
❑ Yes ❑ No Not Applicable
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Subj:
Pictures for permit
Date:
9/12/2014 4:41:26 P.M. Eastern Daylight Time
From:
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To:
cmcevily6a)aol.com
Friday, September 12, 2014 AOL: Cmcevily
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En1_1C.r0NSUITANTS
1319 NORTH SEA ROAD
SOUTHAMPTON, NY 11968
631-283-6360
NYSDEC;
APPROVC,-iirA:S PER T1=RNIS
AND CONJCIITIONS OF
PERMIT NO. I - 473 - a3s gzl�ooL
DATE
A E
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F!SEP
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1 9
STORM
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RESTO D VIA TERRACING.
RENOU ISHMENT, AND REVEGETATION
(SEEN TES FOR DETAILS)
I +51' WOOD TIE WALL TO
REMOVED & REPLACE
ADJ. SEAWALL RETURN
TO BE REMOVED AND
No. 4r
D
rte:
I. Purpose: Resnarishae
. regetated, and stabilize
emb� eroded AllN Nrrlcaie Sally
2. Patin: Na - O' - 0"
5. Plan based on arvey prepared 64 Jdn C. Mems Laid
5rveLpr, dated May 30. 2015
4. 5ta6dze tale of , landward or the tiles wedads
6riday, with conWvm6 terrace rebmN wall consist of
pressure treated woad 6owd,s ad gaivanbtd steel pipe
5. the enact comber, ba tions, ad or terraces to 6e
established on face of emba>k nmb are to 6e determined 64
contractor at thie of przged hp6ner tatbn based an
then arrent sbper axl vegztattve Condition of ennbakmmi
6. Embankment. ar
Is to be ratshed wah up to 15 arbic yards of
dean sally fdl to be trucked In from an app r4ed *ad sarce
and used to 68cicfdl proposed terrachq
I. Al terraced ad dishrbed paths of minimi are to be
vegetated or revegetated with native vegetation, eq., Ca pe
hwlcai beads gals, switchga s, Vrghia rose, ad/ or 6m , r
0 8 6 placed or operated seawardhof te
top or the ambaimit
9. Pian aid amwww diaq are 54onatic In sabre ad are
Intended only
Intento establish prgect bcaUm, scope, ad basic
castructim details for pamttttrq pirposes and are rot
t>toxW to serve as or substitute for er*eertq or
aynk rbon plans for cmvtrwttao pnrpo%*
±59' 10. Project bcabae 1195 Bam Averm, 5a";;
Ex. +5' z _t 13' 5cfm W. 1000-52-5-6
PLATFORM/STEPS
BE \ PROP. +26 WOOD TIE WALL
AT TOP OF BANK
TOP OF SLOPE
RELOCATED TO PROPERTr
LINE (SEE APPLICATION +14 PROP. +97' TERRACE WALL ALONG
BY GASTON FAMILY, LLC `2g �i /S
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OFFICE VACATION:
Town Hall Annex
54575 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY 11971
O`�►�O� �ur
ti `O
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 681 7661888
Fa= 6817658186
LOCAL 'WATERMONT 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 8, 2013
Re: Proposed Wetland Permit for CHARLES S STEPHANIE McEVILY
SCTMrf1000-52-5.6
En -Consultants on behalf of CHARLES S STEPHANIE McEVILY requests a Wetland Permit to construct
approximately 97 Ilnew 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 dean
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 northem
bayberry; and remove and replace +/-51' wood tie retaining wall and install new +/-26' wood to retaining wail,
both akxV landward edge of top of embankment. Located: 1795 Bayview Avenue, Southold. SCTW 52-5$
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
Informatlon provided on the LWRP Consistency Assessment Foran 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:
I. It Is recommended that the Board require that the plan dated 1115/13 match the revised dowdpd*n
11MSM3. The tern "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 127541, 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 require@ that the
existing tidal wetland vegetation be lett 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 Attomey
BOARD OF SOUTHOLD TOWN TRUSTEES
SOUTHOLD, NEW YORK
PERMIT NO. 8353
DATE: DECEMBER 11, 2013
ISSUED TO: CHARLES & STEPHANIE MCEVILY
PROPERTY ADDRESS: 1795 BAYVIEW AVENUE, SOUTHOLD
SCTM# 52-5-6
AUTHORIZATION
Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in
accordance with the Resolution of the Board of Trustees adopted at the meeting held on December If. 2013,
and in consideration of application fee in the sum of $250.00 paid by En -Consultants and subject to the Terms
and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the
following:
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 +1--51'
wood tie retaining wall and install new +l--26' wood tie retaining wall, both along landward
edge of top of embankment; with the condition that a pre -construction inspection is to be
performed once project is staked for construction to review location; and as depicted on the sit
plan prepared by En -Consultants, last dated November 5, 2013 and stamped approved on
December 11, 2613.
IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed,
and these presents to be subscribed by a majority of the said Board as of this date.
TERMS AND CONDITIONS
The Permittee, Charles & Stephanie McEvily residing at 1795 Bayview Avenue. Southold,
New York as part of the consideration for the issuance of the Permit does understand and
prescribe to the following:
I . That the said Board of Trustees and the Town of Southold are released from any and al I
damages, or claims for damages, of suits arising directly or indirectly as a result of any
operation perfonned pursuant to this permit, and the said Permittee will, at his or her own
expense, defend any and all such suits initiated by third parties, and the said Permittee
assumes full liability with respect thereto, to the complete exclusion of the Board of
Trustees of the Town of Southold.
2. That this Permit is valid for a period of 24 months, which is considered to be the estimated
time required to complete the work involved, but should circumstances warrant, request for
an extension may be made to the Board at a later date.
3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to
maintain the structure or project involved, to provide evidence to anyone concerned that
r authorization was originally obtained.
4. That the work involved will be subject to the inspection and approval of the Board or its
agents, and non-compliance with the provisions of the originating application may be cause
for revocation of this Permit by resolution of the said Board.
5. That there will be no unreasonable interference with navigation as a result of the work
herein authorized.
6. That there shall be no interference with the right of the public to pass and repass along the
beach between high and low water marks.
7. That if future operations of the Town of Southold require the removal and/or alterations in
the location of the work herein authorized, or if, in the opinion of the Board of Trustees,
'4 the work shall cause unreasonable obstruction to free navigation, the said Permittee will be
required, upon due notice, to remove or alter this work project herein stated without
expenses to the Town of Southold.
8. That the said Board will be notified by the Permittee of the completion of the work
authorized.
9. That the Permittee will obtain all other permits and consents that may be required
supplemental to this permit, which may be subject to revoke upon failure to obtain same.
I
EN -CONSULTANTS.
APPROVED B319 N
UTHAI
BOARD OF TRUSTE 28
TOWN OF SOUTH
DATE
� ENUE
BAy�1E/
RTH SEA ROAD
PTON, W 11968
b360
STORM
(SEE
ADJ. SEAWALL RETURN
TO BE REMOVED AND
RELOCATED TO PROPER
LINE (SEE APPLICATION
BY GASTON FAMILY, LU
1 " - 30'
)DEO BANK TO BE
VIA TERRACING,
MENT. AND REVEGETATION
5 FOR DETAILS)
_t51' WOOD TIE WALL TO
REMOVED at REPLACED
EX. f5' x _t13'
PLATFORM/STEPS
BE \ PROP'
AT TOP
LML
2cx)ol
NOL -5.
I. f'ww. Kesrosrt+, rew wtated, ad guwt e
m6isnat eroded Ar" tirr uw 5f4
2. Gahm: AL% - 0' - 0'•
3. Mm basad an ssrwai Pr+e & ad 64 Jdn G. Biers Laid
5uwapr, "Id May 50.2013
4. 5taWw W d ffAwimt 6&6wd d the b" wiedads
6rAq. with mhwo terrace rakw" *4 aaalsbq d
presssre heated Ima band, ad qkoved shed p"
5. the Bud mmbar, bcgm, ad k woo dtaTmas to be
astebllsised m face d a kwkveA are to be deters ed bq
aairadur at tree d Kajeet momwtmbm bated m
then arrat slopes ad W*tAw ardom d easbakmat
V 6. f4mimant is to be raarnr�hed W6 up to 15 ablc slsrds d
dean sail fd to be trucked In fmn as approW o" same
ad used to 6em Proposed turactq
7. M terraced asd dlAWW psrtwss d adwkmat are tv be
-vtatad or rem tated wth -b- wagetat m e.4. Cape
llesertcas beads ways. ssrltdwr m. Vroom rmeand/ or bayberry
8. w heart' sndwsry Is to be placed ar apaated seaward of the
0 tap d the mbwiwsant
\ 9. no and aossvlaw dtagam are sdsrnudc In sabre ad are
Mended o k to ab" Kod 6cat)m, scopc. ad beak
1%m huchm detail for perwWM prpases and are rot
htadrd to serve as or sbasstlhsta for engtumm or
am*uchm Om for aa*ucUm prpo m
10. Not ids
5GTM Nr.I IV-
0TT
7-n
WOOD TIE WALL
OF SLOPE NOV 14 2013
f97'
HM r + BANK TOE
PROP' E Vi
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90"
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PONS, 50L *aV, 5LIFFOLK COUNTY, Y, NY
5it f 10f 2 I1-5-13
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1"-10'
�' 9 -�
0
s To' OF 51.0PE
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TO Lt FUER Wfli CLEAN SAND AND IT-WEMP C 5EE N0TE5)
/ EXE -k-�
_j
6''' x 6'' WOOD TIE WALI. + 2'
TO X 9MOVED & MPLACED
'1M3 AW- -0'-0"
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TOP05ED TES 'VV&L5 C TYP.) / f OffoM OF %0pE
(2" x 12" x 4' -6' WOOD P0,4W5 TIED
BETWEEN 1.25" x 6' - B' GALVANIZED PIPES)
EN -CONSULTANTS.
1319 NORTH SEA ROAD
SOUTHAMPTON, NY 11968
631.283-6360
PROP05W W%OfZAAfION 0f 5fM
eROMP eMPANKWNf FOR CHAU5 At�7
51fMle #aVLY ON xSHAMOMOQI.r
POW, 50UM 12, 51. OLK COI,M, NY
S[ftf 2 OF 2 11-5-13