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HomeMy WebLinkAbout1000-119.-1-9.1 OFFICE LOCATION: �O��rg SU(/T�OlMAILING ADDRESS: O Town Hall Annex P O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) N Telephone: 631 765-1938 Southold, NY 11971 Q�yCOU�'�� Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Michael Domino, President Town of Southold Board of Trustees From. ' Mark Terry, Principal Planner LWRP Coordinator Date: March 17, 2017 Re- Local Waterfront Coastal Consistency Review for MICHAEL KURTZ & LISA CLEFF KURTZ SCTM# 1000-119-1-9.1 En-Consultants on behalf of MICHAEL KURTZ & LISA CLEFF KURTZ requests a Wetland Permit to construct approximately 133 linear feet of vinyl retaining wall (±16' landward of existing bulkhead) with two (2) 10' returns, and re-nourish bluff face landward of proposed wall with approximately 40 cubic yards of clean sand fill to be trucked in from an approved upland source, and planted with Cape American beach grass (18"o.c.); remove-3.5'x±10' bottom section of existing bluff stairway, and construct a 4'x4' wood landing and 4'x±10' steps off proposed retaining wall; construct a 12' northerly vinyl bulkhead return landward of existing bulkhead; remove existing 8'x19' deck, and construct a new 16'x30' on-grade deck (with untreated decking), and re-vegetate any areas of bluff face disturbed during construction with native vegetation. Located: 9905 Nassau Point Road, Cutchogue. SCTM# 1000-119-1-9.1 The proposed actions have 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 INCONSISTENT with the below Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 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 were constructed without.a Wetlands Permit. The 16' x 30' on-grade platform/deck proposed to replace the 8' x 19' unpermitted, deck does not comply with the following Town Code section: § 275-11 Construction and operation standards. Platforms. [Amended 10-11-2005 by L.L. No. 17-2005; 10-9-2012 by L.L. No. 12-2012] (a) Platforms associated with stairs may not be larger than 100 square feet. [Amended 1-29-2013 by L.L. No. 1-2013] (b) Platforms may not exceed 200 square feet and must be landward of the top of bluff. The platform would equal 480 square feet and is seaward of the top-of bluff. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action D � C��� Town of Southold VV MAR 1 5 2017 —J LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1 Ut nni id Town 1. All applicants for permits* including Town of Southold agencies, sha Pi nning oard 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). 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 Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 119 - 1 - 9.1 PROJECT NAME Michael Kurtz&Lisa Cleff Kurtz The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ 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) �] El (c) Permit, approval, license, certification: Nature and extent of action. Construct approxumately 133 if of vinyl retaining wall(+/-16'landward of existing bulkhead)with two(2) 10'returns,and renourish bluff face landward of proposed wall with approximately 40 cy of clean sand fill to be trucked in from an approved upland source and planted with Cape American beach grass(18"O.C.);remove 3.5'x+/-10'bottom section of existing bluff stairway,and construct a 4'x 4'wood landing and 4'x+/-10'steps off proposed retainmg wall;construct a 12'northerly vinyl bulkhead return landward of existing bulkhead;remove existing 8'x 19'deck,and construct a new 16'x 30'on-grade deck(with untreated decking);and revegetate any areas of bluff face disturbed during construction with native vegetation,all as depicted on the project plan prepared by En-Consultants,dated February 17,2017. V Location of action: 9905 Nassau Point Road,Cutchogue Site acreage: 94,485 sf Present land use: Residential, single 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: Michael Kurtz&Lisa Cleff Kurtz (b) Mailing address: 10 East 14th Street,#7PH New York,NY 10003 (c) Telephone number: Area Code 415-505-7713 (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. ❑Yes ❑ 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 V 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 See attached. 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 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 0 No 11 Not Applicable V' LWRP CONSISTENCY ASSESSMENT FORM ADDENDUM FOR MICHAEL KURTZ & LISA CLEFF KURTZ 9905 NASSAU POINT ROAD, CUTCHOGUE SCTM#1000-119-1-9.1 Policies 4 & 6 The project seeks to install a retaining wall approximately 16' landward of the existing primary bulkhead for the purpose of stabilizing and renourishing the bottom of the bluff and protecting it from future erosion caused by overtopping of the primary bulkhead during severe storm events, such as occurred during Hurricane Sandy in October 2012. The area of eroded bluff face to be renourished behind the proposed retaining wall will be planted with Cape American beach grass; and any areas of the bluff face disturbed during construction will also be planted with native vegetation. Using the proposed retaining wall as an additional hard stabilization feature.in conjunction with vegetative resource enhancement behind the primary bulkhead will improve the long-term stability and vegetation of the bluff face in a shoreline area demonstrated to be vulnerable to bulkhead overtopping and severe erosion during a significant storm event. As an additional project feature, the existing treated timber deck will be removed and replaced with a larger but untreated deck. Thus, as designed, the project will enhance the protection of the bluff, the property's naturally protective feature, against damage from flooding and erosion without significant adverse impact on the adjacent sandy beach or tidal waters of Peconic Bay. Therefore, the project will be consistent with Policies 4 and 6. See attached. 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 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 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 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 ❑ 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 TITLEcoastal Mgmt. specialist DATE Feb. 17,2017 Robert E.lieNharin Amended on 811105 MICHAEL AND LISA KURTZ, 9905 NASSAU POINT ROAD, CUTCHOGUE k y 4'i fx3"'.'a�,�a }�'�, ,�.� '`� "fix^ :» .,•??� '' ,,�.�,,„ -��_ •fie F �Y�� -.� �"' `� '" ,�.� u�"�„' r.A;.'-•e^s .. f t Figure 1. Looking southeast over bottom of bluff and location of proposed retaining wall. M � i F ' � _ s e � hr r s N x, {➢ b " r r ,moi Gr i Figure 2. Looking south at bottom of bluff and location of proposed retaining wall;at existing deck to be removed and replaced with new on-grade deck;at location of proposed+12'bulkhead return;and at lower section of bluff stairway to be removed in favor of 4'x 4'platform and steps. 5�C110N THF,0UGN FFOP05En PMNING WALL +40 CY 5MV RENOURISNMENf fO VE PLANTED WWTN CAPE AMERICAN BEACH 6MA55(18"0.C.) r--+1O'--, '' F E 8 2 1 2017 1 2" CAP I-------r+5'LANDING t t 6" CLAMP f----r 4' 5fEP5 + Southold"own ! 4- (2) 6" x6" WALE5 I Board of Trustees WNIDRAJL C t,iP.) PROP. 12' BULKHEAD RETURN 5/4" x 10' fIEPOD 3.5' x 10' SECTION OF EX. LANDWARD OF EX. BLKHD. _ PkOP ON-GRADE DECK o BLUFF STAIRWAY TO BE REMOVED 8" LAYLOG I6 PROP. 10' RETURN EX. BEACH STEPS EX. GRl�DE 8" DEAt2MAN EX. 3.5' WIDE BLUFF STAIRWAY EX. 8' x 19' DECK PTTO BE REMOVED PROP.RETAJNING WDLL 8" x 12' PILE5 ANW-7-6.. N/O�F C HOELZL 1/4" x 5" x 10' VINYL 9fAiHNG EX.n"Ap W PROP. 16' x 30' ON—GRADE WOOD DECK (WITH UNTREATED DECKING) ® PROP. 4' x 4' LANDING ±16' Notes: AND 4' x +10' STEPS wI. f urpo5e: Penowi5h,5tabdree,and protect 6obtan IW x 3 of Huff'from erosion ca6ed by ovatoppi q of STONE DRIVEWAY primay 6ulkhead Arinq Severe Stam evmt5 W cao) 2. Datum:AM PROP. +133 LF 3, Approximately`0 able yards dean 5a'64 renarishment VINYL RETAINING WALL 0 materA 15 to 6e trucked In from an appraved upland O 50.rce;d el Nered from top to bottom of WIT via I pWEWNO BRICK y W _+4' Wide 6nute placed on q-ade;and plaited with 2-STORY O PATIO y Cape American beach q-a55(18" 0.0 4. This project plat,Aa 15 6ased of a survey prepared 64 O , Kenneth M.Waychk Lad 5xveyirq,PUC,dated Mat 16,2016, 15 56iemabc In natare; intended any �S� I to establish project location,scope,and basic ca>yv tom detad5 foraid i5 not i� PuYo�% intended to serve as or substitute for agwclrq a- ca vUirtion plans fa-ca6bwtio n pxposes �Qf RENOURISHMENT AREA TO 5, Project location:9905 Nassar Point P.oad,6u4cho4e; �! 1" = 40' BE PLANTED WITH CAPE SCtM No,1000 119-1-9,1 ?' AMERICAN BEACH GRASS PPOP05W ITTAINING W&L ANn DLUff TA M O m E N- CONSULPy PROP. 10' RETURN o MNOU05NMM FOR L15A ANn MICWL 1319 NORTH SEA RD. � F C. & j. STABILE KU�7 ON I. fti MCONIC DAY, SOUTHAMPTON, NY 11968 N��/ CUrCNOGT, 5UFFOLK COUNTY, NY 631-283-6360 9fff I OF 1 2117/ 11 S.C.T M NO DISTRICT 1000 SECTION 119 BLOCK 1 LOT(S)- 9 1 I 312.42' WOOD 2.1STAIRS f 0 LOT 78 STAIRS RS Z vv O IANDDFNIFO n N BOVINO m W BRICK NAI K O MON. :®o ,10 �t7 LOT 7s �s 804 OVERED 6=:; \a'. 1� PORCH Z MON. STONE DRIVEWAY m �G BRICK WELLCO MN ' o INO .,....:..:; BELG. BLK. CURB ......:....16q�. STONE DRNEWAY pARAE'' 2 NG g.7`=':s BRICK FIRM ZONE X c I� ��B r D f99 5.. PATIO ' � �J :24:9*'^s.s'w 41 TOR A=, uFEB 2 1 --� , GENERA W 2017 tS BILC Southold Town j A O. LOT 80 B rt1 of hustecs ; ...13.6=;.:: \ b ' UNDER GROUND OP GAS N 2.6'74 w 0.VS r� P/O LOT 81 tQ MON 238.16' xo O n O O ELEC. qi METER ' „w RO BRICK R S82051 50 THE WATER SUPPLY, _ MON. LOCA77ONS SHOWN ARE LFROM FIELD L OBSERA77ONSOOL U•P P/O LOT 81 AND OR DATA OBTAINED FROM OTHERS. U.P FEMA MA'P#36103C0506H AREA: 34, '04.70 SQ.FT. or 0.79 ACRES ELEVAT70N DATUM: UNAUTHORIZED ALTERAT70N OR ADD17ION TO THIS SURVEY IS A WOLAT70N OF SEC77ON 7209 OF THE NEW YORK STATE EDUCAT70N LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY GUARANTEES INDICATED HEREON SHALL RUN ONLY TO 7HEj PERSON FOR WHOM 774E SURVEY IS PREPARED AND ON HIS BEHALF TO THE 777LE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INS77TTJT70N, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS JOR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADD177ONAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS AND/OR SUBSURFACE S7RUe7URES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OP LOT 80 & P/0 LOT 81 CERTIFIED TO: MICHAEL KURTZ; MAP OF: AMENDED MAP 'A" OF NASSUA POINT 1 I° ' ' ' LISA CLEFF KURTZ; FILED AUG. 1i6, 1922 No. 1 I'. .; ' - FIDELITY NATIONAL TITLE INSURANCE COMPANY; 0 SITUATED AT NASSAU POINT i \ TOWN OF: SOU�THOLD ' 'ti ' KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK �, Professional Land Surveying and Design P.O. Bog 153 Aquebogue, New York 11931 FILE # 16-66` SCALE: 1 =30' DATE. MAY 16, 2016 PHONE (831)298-1588 FAX (631) 298-1588 N.YS. LISC. NO. 050882 maintaining the records of Robert J. Hennessy k Kenneth M. 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