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HomeMy WebLinkAbout1000-119.-1-17To: OFFICE 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 Fax: 631765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM John Bredemeyer, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: September 16, 2014 Re: Proposed Wetland Permit for DAVID J. CORCORAN SCTM# 1000-119-1-17 In 1998 a Grandfather Permit was issued for reconstruction of the retaining wall. En -Consultants on behalf of DAVID J. CORCORAN requests a Wetland Permit to construct approximately 40 linear feet of vinyl retaining wall in-place of existing timber retaining wall; construct +/-9' and +/-6' vinyl returns and backfill with approximately 100 cubic yards of clean sand to be trucked in from an approved upland source; remove and replace approximately 257 square feet of existing storm damaged deck landward of retaining wall;; provide six (6) new timber pilings to stabilize existing 8'x15' cabana; and repair existing 6'x14' stairs and retaining walls landward of new retaining wall as needed.. Located: 10120 Nassau Point Road, Cutchogue. SCTM# 119-1-17 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 to construct approximately 40 linear feet of vinyl retaining wall in-place of existing timber retaining wall; construct +/-9' and +/-6' vinyl returns and backfill with approximately 100 cubic yards of clean sand to be trucked in from an approved upland source and permanently remove approximately 123 square feet of existing storm damaged deck cantilevered seaward of retaining wall are CONSISTENT with the LWRP. The proposed actions to remove and replace approximately 257 square feet of existing storm damaged deck landward of retaining wall, provide six (6) new timber pilings to stabilize existing 8'x15' cabana; and repair existing 6'x14' stairs and retaining walls landward of new retaining wall as needed are INCONSISTENT with the Policy Standards (Policy 6.3) and therefore are INCONSISTENT with LWRP. 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 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. Permits were not found in Town records for the "as built" structures. It is recommended that the Board delineate a 'top of bluff' line. 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 LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for perm its* including Town of Southold agencies, shall complete this CCAF 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 ation used by a Town of Southold agency in m a 1 in g a d e t e r m in a t i o n o f c o n s is t e n c y. *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) 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 (southoldtown.northfork.net), the Board of Trustees Office, the Plannil libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 119 - 1 17 PROJECT NAME David J. Corcoran The Application has been submitted to (check appropriate response): Town of Southold's website g Department, all local Town Board ❑ Planning Board ❑ Building Dept. ❑ Board of Trustees Category of Town of Southold agency action (check appropriate response): f UT Cn (a) Action undertaken directly by Town agency (e.g. capital 5,0 construction, planning activity, agency regulation, land transaction) a N (b) Financial assistance (e.g. grant, loan, subsidy) ❑ C� (c) Permit, approval, license, certification: U Nature and extent of action: Construct approximately 40 linear feet of vinyl retaining wall in place of existing timber retaining wall (permitted as per Wetlands Permit No. 4974), construct +/-9' and +/-6' vinyl returns, and backfill with approximately 100 cy of clean sand to be trucked in from an approved upland source; remove and replace approximately 257 square feet of existing storm damaged (Hurricane Sandy) deck landward of retaining wall; permanently remove approximately 123 square feet of existing storm damaged deck cantilevered seaward of retaining wall; provide six (6) new timber pilings to stabilize existing 8'x 15' cabana; and repair existing 6' x 14' stairs and retaining walls landward of new retaining wall as needed, all as depicted on the site plan prepared by Samuels & Steelman Architects, dated June 2, 2014. Location of action: 10120 Nassau Point Road,Cutchogue Site acreage: 0.860 Present land use: Residential one -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: David J. Corcoran (b) Mailing address: 38 Sherry Hill lane Manhasset, NY 11030 (c) Telephone number: Area Code 516-365-4989 (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?NYS DEC 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. F]Yes 1:1 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 1 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 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 Despite being protected by an existing timber retaining wall permitted pursuant to Wetlands Permit 4974, which was issued in 1998, the existing cabana and surrounding deck suffered storm damage during Hurricane Sandy, necessitating the proposed in-place stabilization of the existing cabana and reconstruction of the storm damaged deck. Specifically, consistent with the Policy 4 goal of minimizing the potential for future damage from flooding and erosion, the retaining wall is to be replaced (in-place) by a corrugated vinyl retaining wall with angled returns to prevent outflanking of the wall during a storm event; the approximately 123 sf portion of existing deck presently extending seaward of the retaining wall will be permanently removed, thus resulting in a reconstructed deck approximately two-thirds the size of the existing deck; and the cabana will be stabilized with six new timber foundation pilings. 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 To the extent that Policy 5 is applicable, the project will be consistent as a result of the replacement of the existing treated timber decking with untreated decking and the use of corrugated vinyl sheathing for the replacement retaining wall. 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 As part of the proposed deck reconstruction, the approximately 5' wide, +/-123 square -foot section of deck presently extending seaward of the retaining wall will be permanently removed, thus resulting in a deck surface that will be approximately one-third smaller and set back farther from the surface waters of Great Peconic Bay. The existing treated timber decking will also be replaced with untreated decking. The replacement of the existing retaining wall with the proposed corrugated vinyl retaining wall and returns will serve to restore and stabilize the storm eroded embankment and better protect the cabana and deck from future flooding and erosion damage. Therefore, the project will essentially maintain but improve upon existing conditions with respect to bank stabilization and erosion protection; lot coverage; wetlands setback; and reduction of treated materials adjacent to Great Peconic Bay, consistent with the goals of Policy 6. 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 All of the existing structures and proposed work is located landward of the spring high water line of Great Peconic Bay and will in no way interfere with public access to or recreational use of the adjacent shoreline or coastal waters. Attach additional sheets if necessary WORKING COAST POLICIES 1 `j 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[e2211 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. 1:1Yes ❑ 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 Amended on 811105 LE Coastal Management specialist DATE 8/4/14 DAVID CORCORAN, 10120 NASSAU POINT ROAD, CUTCHOGUE Figure 1. Looking southeast at existing retaining wall to be removed and replaced; section of cantilevered deck to be permanently removed; and existing gazebo to be stabilized. r 14, Figure 2. Looking northwest at existing retaining wall to be removed and replaced; section of cantilevered deck to be permanently removed; and existing gazebo to be stabilized. DAVID CORCORAN, 10120 NASSAU POINT ROAD CUTCHOGUE Figure 3. Looking northeast at existing retaining wall to be removed and replaced; section of cantilevered deck to be permanently removed; and existing gazebo to be stabilized. C BAY s _1 �i eA•e.. —�-- "' I]tr — — O-- w..r — -- w.r. __.-- w^ r rmnce B9","�y COUNTY OF SUFFOLK © E sounww sEcr..oR NO c __ ,� Real Property Tax Service Agency r u�� N - r ______ 119 rr r s PROP[RtV MAP Board Of Southold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. 47 ?gf DATE:...Oct.23, 1998 ISSUED TO ...... David Corcoran .. Pursuant to theprovisions of Chapter 615 of the Laws of the State of New York, 1893; and Chapter 404 of the Laws of the State of New York 1952; and the Southold Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted at a meeting held on .. Oct.. 21..... 19 .98., and in consideration of the sum of $ .100.00 paid by David Cichanowicz for David Corcoran . ...................... ..... of ...... .... ... ......Cutchogue N. Y. and subject to the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: Granfather Permit to repair the retaining wall. Must replant with beachgrass and Rosewood Rugosa. all in accordance with the detailed specifications as presented in the originating application. IN WITNESS WHEREOF, The said Board of Trustees here- by causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this data. . .... ................................................................ . 1 �� Trustees F -'0 4A:L. IL TV 9-1� t-- yf NATvF U16 TSE -ALL Ilk 'tT xi Aeli& •Re -Vr4il x ere ....... .. V(. en. c*, r- en 12 T- Y �`w� ' 5 EW--CONSINWiK WY 2i. X013 VF y r TIE LINE NONG AKAMW MW MUTTER MARK ON SErt WM 19. 701399 .72 • GREAT- P=N A PLAN - SCALE I 7-:20-k.10, ` EXISTING b"xil5' LONG RETAINING WALL TO BE REPA I RED AS NEEDED - *0,0 RIM + 4 / '20 O W \+ \ 0.5'W • I I , w 1g•5 \ T )NAJ- \ 00 S / \ \ /Ch -30 \ Y 0— \ 28 �o my ,a 26 - Z / \ o �%K 24- +\ 22 - � / `� � 20— — �� EXISTING s DECKING \ — IT. 14. W MAI 18 — / ,� O WbOD WALL (typ.) lb' �- 15.3' T. W.13_1 E 10. FRAME - 0 16 �- � �� '_� CABANA 00 RETURN VINYL RETAINING WALL n 1 q '`7 - b' ALONG SIDE OF STAIRS 'IpI 1 i l �I (���� ( lid f 6 i '' S' I ITE DATA 3 SCTM 1000-110-01-17 uj 0) N PROPERTY: 10120 Nassau Point ADRESS Cutchogue, NY. 11935 OWNER: David Corcoran 38 Sherry Hili Lane Manhassett, NY. 11030 SITE: AREA = 37,460 sq. ft. (TO TIE UNE) 0.860 QC. ZONING: R-40 FLOOD } ZONE: "X" AUG 1 9 2014 SURVEYOR: NATHAN CORMN sou 1586 MAIN ROAD (u4tn -30 JAMESPORT, NY 11947 i LICENSE * 50467 _ 2$ DECEMBER 11, 2003 + SEPTEMBER 19. 2013 UPDlIlTE pIjIRVEY lc TOP0 ,WHY io I EXI5TIN6 CABANA TO' �REMAIM'.; ; R6VIDE 51X (6) NEW 20'xb" TIMBER.Ga OR SUPPORT OF 5TRUCTURE 2 4';0 A: -- — EXI5TIN5 TIMBER RET 4 NTNGZulk in REMAIN. REPAIR �AS' I IED BACKFILL �8 � PROVIDE NEW q' -O" LO 1G VINY, ETAiNING HALL + RETURN INTO GRADE ; 1 f X114 2 ZONE X 8 ONE VE (EL :13 r-6 3 REPLACE 257 S.F. EXISTING DECKING (IN PLACE) ---b! 4 W/NEW UN -TREATED WOOD DECKING 4 TREATED _kSOOD FRAMING EXISTING 6'x14' WOOD STAIRS TO BE REPAIRED AS NEEDED - V) 12 -- o NIT A0 u ! 8 W 6� z W• 2 w• 2� W B. W.� SPRING HIGH WATER MARK ON SEPTEMBER 19, 2013 / EQUALS TIDAL WETLANDS BOUNDARY AS DETERMINED BY EN -CONSULTANTS Nl V TIE UNE ALONG APPARENT HIGH WATER MARK ON SEPTEMBER 19, 2013 I _ _ REMOVE EXI5TIN& DAMA&ED PLYWOOD — — RETAINING WALL AND REPLACE (IN PLACE) WITH O% +/- 40' VINYL RETAINING WALL; AND BACKFILL APPROX. 100 YD. CLEAN SAND REMOVE 125 S.F. DAMAGED CANTILEVERED DECKING 4 FLAMING (NOT TO BE REPLACED) 9 9.7 2' IN 0 b I GREAT PECONI C BA Y NOTES: 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:1u EXISTING CONTOUR LINES ARE SHOWN THUS: — — —10— FIRST FLOOR SITE PLAN ENLAR EM T— Gn. — 4AItA6E FLOOR T.W.— TOP OF WALL SCALE: Ill C I.W. . — lOITOM OF WNL 2. ANY WETLAND BOUNDARIES SHOWN ARE SUBJECT TO VERIFICATION BY NEW YORK STATE AND/OR OTHER REGULATORY AGENCIES. .. Cv7: EXISTING WOOD FRAME SHED TO BE STABILIZED ON NEW TIMBER PILING FOUNDATION NEW UN -TREATED WOOD DECKING w/TREATED WOOD FRAMING IN PLACE OF EXISTING 311xb" TIMBER TOP CLAMP \�\ IS/\TIMBER IE\ AINI C-7/ 4' WIDE EXISTING CANTILEVERED DECK WALL w/DEADMEN TO REMAIN TO BE REMOVED \�.(02 xb TIMBER/ I IN6\ 6x8 /fR/ � / - (2)6"x8" TIMBER YVHALERS FWD. 61RDER TO SUPPORT SHED NEIN VINYL RETAINING WALL IN PLACE /5'x5" TREATED PILE DEADMAN/w/%" /' WALL TO IBE REMOVED STAINING \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ol 0000 SITE SECTION (Partial LOCATION MAP- R!Fr-1 •TnPV eDDQnvAl 0 O •a Z T W J • >~ W• 2 w• a Ill'— - • CO) CO) N• 0313 DRAWN BY: TCS CHECKED BY: DATE: 6/2/14 AS NOTED SHEET TITLE: SITE PLAN SP SURVEY OF LOT 84 AMENDED MAP A OF NASSAU POINT FILE No. 156 FILED AUGUST 16, 1922 SITUATED AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-119-01-17 SCALE 1 "=20' DECEMBER 11, 2003 SEPTEMBER 19, 2013 UPDATE SURVEY & TOPOGRAPHY AREA = 37,460 sq. ft. (TO TIE LINE) 0.860 ac. NOTES: 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS: = EXISTING CONTOUR LINES ARE SHOWN THUS: — — — —To — — — — F.FL. - FIRST FLOOR G.FL. - GARAGE FLOOR T.W. - TOP OF WALL B.W. - BOTTOM OF WALL 2. ANY WETLAND BOUNDARIES SHOWN ARE SUBJECT TO VERIFICATION BY NEW YORK STATE AND/OR OTHER REGULATORY AGENCIES. Aux ID IFO\ 3e\ :,• x \ \ !J. x 3fi. G \ 34— x 33.7 diZ5 uA 32— x2R, \ 33.7 .. �cF •:i � / / .243 / \ \ 'Y'" a Qc T a•' Eo" 23.P_ x 2LF I x � \ /1 L5 1 Y' I l 24.2 Qja -10 Ix2u / x I x 31.5 WOOD WALL x \ ALr. IA2 T.w. \ \ \ \\ \ \ �w X29.21 JIL 2J x 27-1 ti AL�--_— \lu x 27.3 I *10 AIL I '1, x \ \ \ �1 2.0 vot '�I ?oma �-'� �Q \ � • 'r x �\ or (� • tk UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT REARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHAH. NOT RE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE LIALS. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE LAND TITLE ASSOCIATIO OF N �� �iAF Q 0 N.Y Or x 3L4 WALL (�T•) T.W34.j — moi► TW _ 31.3x 31.4 d —4,5t UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT REARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHAH. NOT RE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE LIALS. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE LAND TITLE ASSOCIATIO OF N �� �iAF Q 0 N.Y