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Home My WebLink About1000-57.-1-17OFFICE 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: 631 765-3136 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: July 21, 2014 Re: Proposed Wetland Permit for JAMES MAINO SCTM# 1000-57-1-17 Costello Marine Contracting Corp. on behalf of JAMES MAINO requests an Administrative Amendment to Wetland Permit #7155 for the as -built modification to the upper retaining wall by constructing 81' of new retaining wall varying in height between 4'3" high to 3'9" high in-place; a 13'2" varying height angled wall section at east end and 21'4" wall 6" high at west end; constructed a 5'3"x9'6"x6'9" stairway; constructed a 43'3" of additional retaining wall varying in height from 3'9" to 1'0° as a return wall east of west property line running north to south; and for the as -built stone filled area between the return wall and west property line. Located: 655 Albacore Drive, Southold. SCTM# 57-1-17 It is my recommendation that the proposed actions are INCONSISTENT with LWRP Policy 6.3 (below) and therefore, INCONSISTENT with the 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. The as -built structures described were not constructed pursuant to Chapter 275 Wetland Permit 7155. 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 Maino I -4own of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS ° u jHi 1 4 2014 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. *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", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. 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 Trustees Ofei;�� Mt- Planning. Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 57 _1 _ 17 The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees ❑✓ 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: a Nature and extent of action: Amend existing permit #7155 to allo as bupinbeight odification to permitted upper retaining wall. Construct 81 ' of new retaining wall between 43 " high to 3'9 " high to 3'9 " high in-place, a 132 " varying height angled wall section at east end, 214 " wall 6 " high at west end. Construct a 53 "x9'6 "x6'9 " stairway. Construct 433 " of additional retaining wall varying in height from 3'9 " to V0 " as a return wall east of west property line running north to south. The stone filled area between return wall and west property line was also added. I , ,AO 1 Location of action: 655 ALBACORE DRIVE, SOUTHOLD Site acreage: .27 ACRE Present land use: R40 RESIDENTIAL LOW DENSITY AA Present zoning classification: R-40 RESIDENTIAL LOW DENSITY AA 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: JAMES MAINO (b) Mailing address: 655 ALBACORE DRIVE, SOUTHOLD, NY 11971 (c) Telephone number: Area Code ( ) 631-765-2237 (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? 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. Yes ❑ No ❑ Not Applicable The upper retaining was modified to accommodate an existing tree on the east side of the property. The return on the west side was placed off the property line to allow a pebbled area to store seasonal items. This property is a year round residence used by the property owners to engage in water -dependent activities such as boating and fishing. The property has been well maintained by the property owners and is consistent with the surrounding properties. Hrracn aaaiuonar sneers a 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 7 Not Applicable This property has no significant historic resources. 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 F Not Applicable Our proposal is an attempt to maintain the property and to enhance the appearance of the property. The visual quality will be enhanced with the new structure. Scenic resources have not been disturbed due to our proposal. 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 LJ Not Applicable Our proposal will not have any influence on the loss oflife, structures and natural resources from flooding and erosion. The new structure is in-place of the existing and is landward of a existing bulkhead. 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 z✓ Not Applicable The proposal will not have any impact on the water quality or supply of the Town of Southold. 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 Fv-(] Not Applicable This proposal will not have any impact on the Town of Southold's ecosystem. All construction debris has been contained and disposed of. All Best Managementguidelines were followed. v 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. Not Applicable ❑ Yes ❑ No This proposal will not have any impact on the air quality of the Town of Southold. 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 This proposal will not degrade the environment with solid waste or hazardous substances. 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. ❑ Ye❑ No❑✓ Not Applicable Our proposal will not limit the public's ability to access coastal waters, public lands or public resources of the Town of Southold. The proposed retaining wall is landward of the high watermark and will not be on publicly owned lands. 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 • Our proposal involves the construction of an upper retaining wall The previous wall was showing its age and the property owners wanted to maintain the property to prevent any further disrepair. This property is occupied year round by the property owners. This property is generally used to engage in water -dependent activities such as boating, fishing and swimming by the property owner's family. These activities have and will continue at the site. 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 The proposed retaining wall is located above the high water mark and landward of an existing bulkhead. There will be no influence on the living marine resources. 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 ❑ No7 Not Applicable This proposal will have no impact on the agricultural lands in the Town of Southold. 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 a Not Applicable This proposal has no influence on the development of energy or mineral resources. Created on 512510511:20 AM 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: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: July 13, 2009 Re: Proposed Wetland Permit for JAMES MAINO SCTM#1000-57-1-17 t{ J U L LJU9 Souti.old Town Board of Trustees Costello Marine Contracting Corp. on behalf of JAMES MAINO requests a Wetland Permit to remove the existing shed, bulkhead and wood walkway. Construct 110' of new bulkhead and new 4' wide wood walkway in-place. Remove existing floating dock, ramp and access platform and install new 4'X 4' cantilevered platform, 32"X 14' seasonal aluminum ramp and 4'X 50' seasonal floating dock in-place. Remove existing retaining wall and construct 110' of new retaining wall in-place. Provide a 10' wide non -turf buffer zone landward of walkway. Located: 655 Albacore Dr., Southold. SCTM#57-1-17 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 is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that the following recommendations to further the below listed policies are implemented. 5.3 Protect and enhance quality of coastal waters. A. Protect water quality based on an evaluation of physical factors (pH, dissolved oxygen, dissolved solids, nutrients, odor, color and turbidity), health factors (pathogens, chemical contaminants, and toxicity), and aesthetic factors (oils, floatables, refuse, and suspended solids). To further the above policy, it is recommended that the Board minimize the use of CCA treated materials in the bulkhead and dock design. aT �(L fa" '- Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. E. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: 1. Maintain buffers to achieve a high filtration efficiency of surface runoff. 2. Avoid permanent or unnecessary disturbance within buffer areas. 3. Maintain existing indigenous vegetation within buffer areas. To, further the above policy, it is recommended that a perpetual landscaped buffer be required landward from the bulkhead. LANDSCAPED BUFFER -- a land area of a certain length and width which is planted with indigenous, drought tolerant, vegetation similar to that found within the immediate proximity of the parcel. Vegetation shall be,installed in sufficient densities to achieve ninety-five (95) percent around cover within two years of installation. Survival of planted vegetation shall be (ninety) percent fora period of three years. Maintenance activities within the buffer are limited to removing vegetation which are hazardous to life and property, trimming tree limbs up to a height of fifteen feet (15') to maintain viewsheds, replanting of vegetation and establishing a_four foot (4') wide access path constructed of pervious material for access to the water -body. 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 BOARD OF SOUTHOLD TOWN TRUSTEES 'SOUTHOLD, NEW YORK P>;RMIT NO. 7155 DATE: AUGUST 19, 2009 ISSUED TO: JAMES MAINO PROPERTY ADDRESS: 655 ALBACORE DRIVE. SOUTHOLD SCTM#t57-1-17 AV , H ZATION Pursuant to the provisions of Chapter 275 and/or Chapter 1 i 1 of the Town Code of the Town of Southold and in accordance with the Resold on,of toe Board of Trusteep ,adopted at the meeting, held" on tlu ust 1 2009, and in, consideration o pp jicitiofn f'ee to thie'sum of $25 , 0 paid by James Mai and subject to the Terms and Conditions as staEd ui to Resolution, the South own Board o -es authorizes and permits the following: " Wetland Permit to' remove tie existing shed, bulkhead and wood walkway; construct 110' of new bulkhead and new 4' wide wood walkway inpace remove ey4st4ing floating dock,. ramp, apd app platform andinstall new 4'x4' cantilevered platform, 32"x14' seasonal aluminum ramp.and; 4'x30' seaspnal floating;dock n -place; remove existing retaining wall and construct 110' of new retaining wall in-place; provi&a 10' wide non -turf buffer zone landward of walkway, and:tas depicted on the site -plan prepared'` by Costellw Mai ine Contracting Corp:;'Iast dated rAugust10; 2009, and rdceived� on August, 20; 2009.` 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. 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