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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 f PREPARED BY Ck" le; - Mc E txTITLE %� DATE 9 - / L / V 0 3 3 l< 3 0 a - CD New yeti v -v joo�,o-llej 'sL4k CT&CJ4 0 � COP rrc f ,- vl Page 1 of 3 Subj: Pictures for permit Date: 9/12/2014 4:41:26 P.M. Eastern Daylight Time From: cmcevily(a)aol.com To: cmcevily6a)aol.com Friday, September 12, 2014 AOL: Cmcevily i •' ,r�'rir. a� ii. � ..5" �•�. ^,n�i' .�•` «,` i Ji�.'i f �' rte`{, `% 4 #. it , j � .• �. �� �°��% ` -' ,.rte _ .. J" ., ;� .-,. l' ate '.a T � - _ �a,�"'�� ., ;� • . ... ;a •.r �'ti : as �� F y ,�i' ::.����} M.' _ .v.R /'.' .. I� ,.�i;`zS+RS�.`Y➢'+�4"_ Ty,,.. �7. � � r'a ..a "`r R �.�•,- ,«�, 'r '�fi.,ajP i-s� :. ~ i. `..P'� ? ,fi '!�y � a �� � 1 \ A �t ,A j //- ; � "� t � Lr �, ��'�(1^".' "�' a .xy..�a � ^'� � '� �\T' •G � aar' � JI 'i �t�.. � ''gyp � R¢„. � �� j .. �, }, �+d� ``. �Ayv �- trW � Ya��# M",`'•.� i �'' ,�}'j2„r. ^� 3 f., . N ���� � ^'S 7�".'.MM Y rf'1 - i .` •f��. ,!s .+" y '"' � 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 V F!SEP A201M 1 9 STORM at u �0 1 " — ?n' 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 —�• - —+ WHK W W BANK TOE (LANDWARD OF TWB) P 'N0ER00 Sf5 N W EEO�ySKlP iWW R0 L 0 EO W /� %� W WTWBW ARRAWHW � W r. .r F SLOPE W W W tw W W W W W 1� gpTTOM 0 Proevie W W W W W iM W W �} o worm W W O mo ARs �Ag ND p0 ROP05W W5TOPMON OF 5fON MOM19 MANKM f fOk CIiW 5 ANP 5fFpN E MCFVILY ON m5NAMOMOox POND, 50MOLn, 51fFaK COUNTY, NY S-fff I OF 2 11-5-13 A \' 1• w SEE SEC. 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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 W� W �ERRW4RRWE 90" W W W W ♦ IB ♦ W r W � � �AMpM ARS P014D 1 RO 05 Re5f0FA ON OF 5fORM eROMP MMM W FOR GNAU5 AW 5SP WE MCEVLY ON V%WOMOQW PONS, 50L *aV, 5LIFFOLK COUNTY, Y, NY 5it f 10f 2 I1-5-13 5�CI0N THPU PP0P05FP tWAONCAANP W[3ANKWNT I?�5TGVAION ( YP.) 1"-10' �' 9 -� 0 s To' OF 51.0PE Ak'EAS I.ANDWAK7D OF Pp0P05ED 1EWACE W/4.L5 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" �+--- NM.m- fix. q� 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