HomeMy WebLinkAboutCEA Application * * * RECEIPT * * *
Date: 02/07/17 Receipt#: 216295
Quantity Transactions Reference Subtotal
1 Application For Appeal 02072017 $250.00
Total Paid: $250.00
Notes:
Payment Type Amount Paid By
CK#25741 $250.00 Mattituck, Park District
Southold Town Clerk's Office
53095 Main Road, PO Box 1179
Southold, NY 11971
Name: Mattituck, Park District
P O Box 1413
Mattituck, NY 11952
Clerk ID: BONNIED Internal ID 02072017
LIURAL. K. McLean Associates, P.C.
437 South Country Road • Brookhaven • New York • 11719 CONSULTING ENGINEERS
(631)286-8668 • FAX(631)286-6314
Associates
EUGENE F DALY,P.E,P T.O.E TM,PRESIDENT and C E.O. CHRISTOPHER F DWYER
RAYMOND G DIBIASE,P.E,P T O.E TM,PTP-,EXECUTIVE VICE PRESIDENT ROBERT A.STEELE,P.E.
DANIEL P.JEDLICKA,P.L S.,VICE PRESIDENT JAMES L DeKONING,P E.
February6, 2017 STEVEN W EISENBERG,P.E.
ANDREW B.SPEISER
Supervisor Scott Russell MATTHEW C.JEDLICKA,LEED AP
Town of Southold
PO Box 1179 ZJ ®R 101 NAL
Southold,NY 11971
RE: TOWN OF SOUTHOLD -MATTITUCK BREAKWATER SHADE SHELTER
5155 BREAKWATER RD. MATTITUCK,NEW YORK(SCTM#:1000-99-2-19.1)
LKMA No. 16078.000
Dear Supervisor Russell:
On January 18, 2017 the Town of Southold Board of Trustees approved a Wetland Permit
(#8950) in accordance with Chapter 275 for the construction of a 25' wide by 40' long steel
shade shelter supported by six (6) foundation columns over a proposed 4" concrete slab; and the
installation of a 12'x24' (approx.) timber deck fastened to an existing concrete slab attached to
the existing lifeguard building. At the same meeting held on January 18, 2017 the Board of
Trustees denied the issuance of a Coastal Erosion Permit in accordance with Chapter 111 of the
Town Code. This letter and supporting documents are being submitted in accordance with
Chapter 111-21 of the Town Code appealing the decision by the Board of Trustees for the
following reasons which are based upon Best Management Practice requirements:
• Relative to Coastal Policy 4 - The proposed shade shelter's construction shall be
consistent with ASCE Chapter 24 Flood Resistant Design & Construction Standards.
• Relative to Coastal Policy -6.3 - Although the proposed structure is situated seaward of
the Coastal Erosion Hazard Area line,the proposed location has been relocated in an area
already accessed by the public. This area where the shade shelter is proposed is
surrounded on all four sides by previous development (ground fixed playground
equipment, ground fixed barbeques, asphalt parking lot with guiderail and a timber
walkway).
• Relative to Coastal Policy 6.3 - The new location is away from existing beach grass and
vegetation. There is no presence of tidal or freshwater wetland vegetation in the footprint
of the new location or in the immediate areas adjacent to the proposed structure which
areas include improvements such as fixed playground equipment, asphalt and a timber
walkway.
On behalf of the Mattituck Park District our office acknowledges the discretion applied by the
Board of Trustees in the furtherance of the above referenced coastal policies by the issuance of
the Wetland Permit despite the recommendations of the LWRP Coordinator. We respectfully
request an appeal of the decision made by the Board of Trustees relative to the issuance of a
®Founded in 1950 •
L. K. McLean Associates P.C.
Coastal Erosion Permit for the construction of this flood resistant shade shelter within a
previously developed area of the Breakwater Beach facility in Mattituck. Our office assumes the
construction of the proposed timber deck over an existing concrete slab was not part of the
decision by the LWRP Coordinator and/or the Board of Trustees.
With respect to the application from the Mattituck Park District, Coastal Erosion relief should be
granted by the Town Board since the variance criteria set forth in Section 111-20 are in fact met
by the proposed project:
A. No reasonable, prudent, alternative site is available. The original location was
closer to existing grasses and has now been situated in an area surrounded by
development. There is no other area that would satisfy ADA accessibility and
provide a safe area protected from vehicles in the parking lot (guiderail).
B. All responsible means and measures to mitigate adverse impacts on natural
systems and their functions and values have been incorporated into the activity's
design at the property owner's expense. The proposed shade shelter would be
located along a developed area of the beach facility. Due to the absence of
vegetated wetlands or submerged aquatic vegetation within the vicinity of the
proposed shade shelter the proposed activity would not cause a fragmentation of
ecological communities; result in the physical loss, degradation, or functional
loss of ecological components; or otherwise adversely impact the functions or
values of the surrounding natural systems, including the wetlands or tidal waters
of the Town.
C. The development will be reasonably safe from flood and erosion damage.
Although located in the Coastal Erosion Hazard Area the shade shelter structure is
proposed in a well enough protected area that various site features such as fixed
playground equipment, guide rail,parking lot area, lifeguard building and the
wooden walkway of this developed beach shoreline have been successfully
maintained for many decades.
D. The variance requested is the minimum necessary to overcome the practical
difficulty or hardship which was the basis for the requested variance. As
discussed with the trustees,the shade shelter has been relocated to an area that
was not the applicant's preferred choice, but the applicant understands that the
proposed park feature had to be put in an area where other fixed features and
surfaces existed.
E. Where public funds are utilized, the public benefits must clearly outweigh the
long-term adverse effects. Public funds will be utilized in connection with this
sponsored project. Breakwater Beach does not have any structure that would
provide protection in the event of a fast moving storm/rain event nor shade for
residents who cannot tolerate the sun. The benefit that this shade shelter will
provide is consistent with the other park features that would eventually surround
this flood resistant structure.
LIK&A L. K. McLean Associates P C.
In addition to meeting these variance criteria, the project also meets the criteria for issuance of a '
Coastal Erosion Management Permit as set forth by Section 111-9 because (a) the proposed
shade shelter is reasonable and necessary considering reasonable alternatives and the extent to
which it provides safe shelter for the residences who use this municipal waterfront property and
would be consistent in nature and location with the surrounding fixed park features and
development at the facility; (b) the proposed shade shelter is not likely to cause a measurable
increase in erosion at the new location selected at the site; and (c)the proposed shade shelter will
create no adverse effects on natural protective features and their functions and protective values
or existing erosion protection structures and natural resources.
In addition to this application letter for appeal in accordance with Chapter 111-21 for the above
referenced property, enclosed are the following for review:
1. Application for Appeal to the Coastal Erosion Hazard Board of Review
2. Board of Trustees Letter of Denial dated January 18, 2017
3. Copy of the Wetlands Permit#8950 issued on January 18, 2017
4. Copy of the Board of Trustee approved Plans dated June 2016
5. Copy of Wetland Permit Submission to Board of Trustees dated September 1, 2016
6. Copy of Revised Site Plan with New Location dated December 1, 2016
7. Check in the amount of$250 made payable to Town of Southold
Therefore,,for all the reasons described above, we respectfully request that the Town Board grant
the applicant the variance relief necessary to construct their shade shelter as it has been applied
for and otherwise approved by the Board of Trustees.
We trust that this appeal can be filed with your office in order to bring it before the Southold
Town.Board at their next scheduled meeting on February 14 and subsequently request the Board
to set a date for a public hearing a month after their meeting.
Should any additional information be needed please do not hesitate to contact this office directly.
Very truly yours,
CFD:cfd Christopher F.Dwyer,Associate
L. K. McLean Associates, P.C.
Enc. (7)
Cc: Mattituck Park District w/enc.
Michael Domino, Chairman Board of Trustees Chairman w/enc.
William Duffy, Southold Town Attorney w/enc.
David B. Prokop Esq. w/enc.
LKMA File Copy w/enc.
TOWN OF SOUTHOLD
APPLICATION FOR APPEAL TO
THE COASTAL EROSION HAZARD BOARD OF REVIEW
DATE 2/3/2017
NAME OF APPLICANT: MATTITUCK PARK DISTRICT
ADDRESS: 11280 PECONIC BAY BLVD. MATTITUCK, NY 11952
DATE OF DECISION APPEALED FROM JANUARY 18, 2 017
SPECIFIC CHAPTER/SECTION INVOLVED 111-12 (D)
THE ALLEGED ERRORS IN THE DETERMINATION ARE: SEE ATTACHED LETTER
INTERPRETATION THAT IS CLAIMED TO BE CORRECT: SEE ATTACHED LETTER
RELIEF SOUGHT:Authorization to construct within a nearshore area a
fixed 25' wide by 40' long steel shade shelter with six (6) foundation
columns six (6) over a proposed 4" concrete slab; and the installation of
a 12'x24' (approx. ) timber deck fastened to an existing concrete slab
attached to the existing lifeguard building as defined on plan prepared by
L.K. McLean Associates PC, dated June 2016.
*COPY OF THE ENTIRE BOARD OF TRUSTEE FILE INCLUDING ANY
RELEVANT MAPS MUST BE ATTACHED TO THIS APPEAL
SIGNATURE OF APP v
CANT