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Home My WebLink About1000-144.-5-27 OFFICE LOCATION: �0�*0f SO - 01 MAILING ADDRESS: Town Hall Annex P O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) N S ® �Q Telephone: 631 765-1938 Southold, NY 11971 Q Fax: 631 765-3136 �ycoUNTY,� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Michael Domino, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Date: April 17, 2017 Re: LWRP Coastal Consistency Review for LIZBETH JANSEN SCTM# 1000-144-5-27 En-Consultants on behalf of LIZBETH JANSEN requests a Wetland Permit to construct approximately 176 linear feet of vinyl bulkhead in-place of and 12" higher than existing timber bulkhead; incidentally dredge a 10' wide area adjacent to the bulkhead to a maximum depth of 4' MLLW and use approximately 50 cubic yards of sand/silt spoil and approximately 25 cubic yards of clean sand/loam to be trucked in from an approved upland source as backfill; construct t10' westerly vinyl return and ±15' stacked stone on-grade retaining wall along easterly property line to contain backfill on subject property; remove existing 4'x26' fixed dock and two (2) tie-off pilings to be replaced with (in a new location) a proposed 3'x14' ramp off bulkhead; a 6'x20' floating dock situated in an "I" configuration secured by two (2) 8" diameter piles; and two (2) 8" diameter tie-off pilings; install electric and water supply to proposed dock; construct a 5'x30' on-grade wood walkway landward of bulkhead; and to establish and perpetually maintain a 10' wide non-turf buffer along the landward edge of the new bulkhead. Located: 260 Sailors Needle Road, Mattituck. SCTM# 1000-144-5-27 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 action is CONSISTENT with the LWRP provided that: 1. Turbidity controls are required to further policy 6. 2. The 10' wide non-turf buffer is vegetated with beneficial plants. The proposed actions to remove existing 4'x26' fixed dock and two (2) tie-off pilings to be replaced with (in a new location) a proposed 3'x14' ramp off bulkhead; a 6'x20' floating dock situated in an "I" configuration secured by two (2) 8" diameter piles; and two (2) 8" diameter tie-off pilings; install electric and water supply to proposed dock are recommended as INCONSISTENT with the below policy. 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 dock structure was constructed without a Wetland Permit. The applicant must demonstrate that the following dock standards pursuant to § 275-11. Construction and operation standards have been met. (d) Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: (1] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water- dependant activities; [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; [4] Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock; [5] Whether the dock will cause degradation of surface water quality and natural resources; (6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; [7] Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia maritima) or shellfish; [8] Whether the dock will unduly restrict tidal flow or water circulation; (9] Whether the dock will be safe when constructed; [10] Whether the dock will adversely affect views, viewsheds and vistas - important to the community; [11] Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. 9.3 Preserve the public interest in and use of lands and waters held in public trust by the state and the Town of Southold. A. Limit grants, leases, easements, permits or lesser interest in lands underwater in accordance with an assessment of potential adverse impacts of the proposed use, structure, or facility on public interest in public lands under water. The proposed dock structure will extend into public trust waters resulting in a net decrease in public access to public underwater lands and the nearshore area. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. �'Town'of Southold U E LWRP CONSISTENCY ASSESSMENT FORM APR 1 2017 A. INSTRUCTIONS I , All applicants for permits* including Town of Southold agencies, shall omplet ° ' AF fo proposed actions that are subject to the Town of Southold Waterfront Consi w aw. 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# 144 - 5 - 27 PROJECT NAME Lizbeth Jansen 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) ❑ (c) Permit, approval, license, certification: Nature and extent of action: Construct approximately 176 if of vinyl bulkhead in place of(and 12"higher than)existing timber bulkhead;mcidentally dredge 10' wide area adjacent to bulkhead to a max.depth of-4'MLLW and use approximately 50 cy sand/silt spoil and approximately 25 cy of clean sand/loam to be trucked in from an approved upland source as backfill;construct+/-10'westerly vinyl return and+/-15'stacked stone on-grade retaining wall along easterly property lme to contain backfill on subject property;remove existing 4'x 26'fixed dock and (2)tie-off pilings to be replaced(in new location)with 3'x 14'ramp off bulkhead,6'x 20'floating dock secured by(2)8"piles,and(2) 8"tie-off pilings(connect electric and water supply to dock);construct 5'x 30'on-grade wood walkway landward of bulkhead;and establish a 10'wide non-turf buffer in place of existing lawn adjacent to the new bulkhead,all as depicted on the project plan prepared by En-Consultants,dated March 14,20,17: i I 1 r Vr Location of action: 260 Sailors Needle Road,Mattituck Site acreage: +/-21,880 sf Present land use: Single family residential 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: Lizbeth Jansen (b) Mailing address: 260 Sailors Needle Road Mattituck,NY 11952 (c) Telephone number: Area Code 631-298-4288 (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?DEC,COE,DOS 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. YesNo ® 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 L 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 1:1No ® 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 The project is consistent with Policy 5 to the extent that the existing treated timber bulkhead will be replaced with a bulkhead constructed with vinyl sheathing;and a 10'wide nonturf buffer will be established in placed of existing lawn adjacent to the new bulkhead,which can serve as both a sink and filter for surface water runoff and potential contaminants contained therein. 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 4 . LWRP CONSISTENCY ASSESSMENT FORM ADDENDUM FOR LIZBETII JANSEN 260 SAILORS NEEDLE ROAD MATTITUCK,NY SCTM#10004-144-5-27 Policy 4 The project seeks to replace an existing, Trustees-permitted timber bulkhead (Permit No. 4099, 12-11- 92) with a vinyl bulkhead in the same location and 12 inches higher to maintain and enhance the property's historical method of protection against erosion and flooding. The in-place replacement of the bulkhead adjacent to James Creek is considered a "minor action" that is exempt from waterfront consistent review pursuant to Chapter 268, but the frequent overtopping of the bulkhead and upland flooding necessitates the raising of the bulkhead to minimize such flood events. Upland soil material lost through the aging bulkhead will be recovered through incidental dredging of an area up to 10 feet off the bulkhead and returned as backfill landward of the new bulkhead; and an on-grade retaining wall will be installed along the easterly property line to contain the fill placed behind the more highly elevated bulkhead. A new return will be added to the westerly side of the property. The existing, developed site has been improved with and supported and protected from flooding and erosion by a bulkhead since at least 1971, and there is no viable non-structural alternative means of maintaining and protecting the upland portion of the property in its current location. Without replacement and maintenance of the bulkhead the subject and adjacent properties would be exposed to severe erosion, flooding, and damage to the residential structures located thereon. The project is therefore consistent with Policy 4. Policy 6 The project seeks to replace an existing, Trustees-permitted timber bulkhead (Permit No. 4099, issued 12-11-92) with a vinyl bulkhead in the same location and 12 inches higher to maintain and enhance the property's historical method of protection against erosion and flooding. Raising the bulkhead is necessitated by the frequent overtopping of the bulkhead and upland flooding that occurs during storm events. Upland soil material lost through the aging bulkhead will be recovered through incidental dredging of an area up to 10 feet off the bulkhead and returned as backfill landward of the new bulkhead, where a 10' wide non-turf buffer will be established in place of existing lawn. An on-grade stacked stone retaining wall will be installed along the easterly property line to contain the fill placed behind the more highly elevated bulkhead; and a new return will be added to the westerly side of the property.GThe-project-also-seeks_to-replace an existing fixed dock (present at- ,the=time.of pdi it issuance ,_-in 1992)and tie-offpilings with a hinged ramp and floating dock with two-tie-off pilings_that will a) �extend_no_farther seaward.than.the existing outermost tie-off piling;and b)-be-position_edfarther from the=existing-navigationaLchannel. The project will thus effectively maintain the historically existing site conditions with the benefits associated with replacing a treated timber bulkhead with untreated vinyl sheathing; establishing a 10'wide non-turf buffer in place of existing lawn adjacent to the bulkhead; and relocating the existing fixed/permanent dockage facility with a seasonally removable dockage facility located farther from the navigational channel. The project will therefore have no significant adverse impacts on the adjacent tidal wetlands or waters of the Town. and will be consistent with Policy 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. R 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 F-1 No F-1 Not Applicable Insofar as Policy 9 can be applied to the current project, the project is consistent because it will not impede or otherwise affect public access along the adjacent shoreline. 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 iL TITLE Coastal Mgmt. specialist DATEMarch 15,2017 Robert E. ITE-66kam Amended on 811105 N Topographic 'SurVey wE b- Lot# 10"Map of Salt Lake Village" + Filed May 10, 1940 as File # 1310 Surveyed: 02-01-17 SCT# 10of -Sou 01 -5-27 Townf thold 1964040�5 Suffolk County, NY 0Datum: M L L W ', Q 301 ram Q, /� ;-oma N. t, ry C5 ,,o IrV 0 2.6 tK h 2.7 0 Ar -3-1 U) 0 0 b IV (0,r,(0 –4.g –5.0 00-V 0 –5.6 :�Af NEW C3 \0 V ON; : 16 -ro MAR 1 7 2017 ROB NYS PL L-7-6 711 h 0 1�dT vi n P 0 Box # 366 '15:5 Aquebogue, NY 11931 -0- --j 2/16/2011 10:12150AM G:\5LM\JCn5en20IICJ.Pr0 iLmz i'. 48 MAR 1 7 2017 1 k Ca*Haq5trom Map 46 2000' sul"hold Tov n Matdtuck Distict Park Town, N *0 5hf(AM55 VA 5Wf Cf WOMM aid M5 OTTO] X C! *0"' S Note5: 1) Purpose:Maeak,9 milaxz exkkm fu ctlonal 614vad for erosion aid flood w&d;aid repaimm�entl hpro,,mt /14 of exlg*dockagefad4 40' 2) Patin:MLLW ±:100' 5) Water depths(refermM to wm "ex.site c,nditi,, PROP 15' STACKED STONE %e trar6crbed from kl&oqraphic%rvq prepared 64 5e,Lewd WALL (±12- HIGH) 03, Mamft;la5t,dated AjqA 22,2016 4) New Wkheadmq to be cal5t7ucted with vhl 5heaffih,',treated PROPOSED 8" TIEa-(QFF PILEi t -dw > struchrktb�'aid hot A galvanized 9LM hxdwr,; 2.e aid raised+12"hk�ff than ex.W&,ld to 66 removed4. PROP 5' x 30' ON-GRADE A? -2. x 50 Appm 5��ablC yards s"/At spoil to 6,-kWentall4 +Mrd WOOD WALKWAY 28' EX. 4' x 26' FIXED DOCK & TWO to a ma.&pffi of-4'&tLW from 10'area ajj,to rew Wkhead TIE-OFF PILES (X) TO BE REMOVED ti PROPOSED 8- TIE-OFF PILE avJ rarsed a5 6ackfil tna0w wIth fox,29 c4 dean sa-d/ bm to 6e tru&ed in from an apprmd UPL"d'0"r" 10' NON-TUI 6) tlfttk ad water 9.04 to 66 caroted to dok RF� BU 4. L AP ROX. LIMIT PROP. 3' x 14' RAMP & 7) Mai aid cro�- diawam are 561miati,In nature -4 126 -3. 6' x 20' FLOATING DOCK and are Intended odd to establish project bcamm,5W ,j SECURED BY (2) 8- PILES construction details fa permitting purpose5 ±57' --±15, -1 aid bask: !b -6.6 and are rot Intertim-d to serve as or Ab5bh&for m"W—IrN or ca6bixtion plats for cor6birtim prpo_-'.5 8) Property 6-�: 260 5ador5 Nleede koad,MaWbA; PROP. 10' RETURN APPROX. 176 LF OF EX. TIMBER BULKHEAD 5CfM#1000-144-5-27 10' TO BE REMOVED & REPLACED (IN-PLACE PI. Ko y 16,E - AND ±12 HIGHER) WITH VINYL BULKHEAD p. E N - CONSULTANTS 10' WIDE AREA To 13E INCIDENTALLY DREDGED TO A MAX. DEPTH OF -4-MLLW 1319 NORTH SEA RD. (APPROX.—Cy SAND/SILT SPOIL cloli� FPOPO5Q9 131LKHM2 & VOCK PFT�AaWNf TO BE USED AS BACKFILL)SPOIL FOP �VffTH JM5�N ON JM5 CMM SOUTHAMPTON, NY 11968 MArlITUCK, 5UFFO�K COUNTY, NY 631-283-63601,125 5H�Ff I OF 2 it 5�CVON THFU IN-FLAG 13lKVV f FTLACWM NT ANC 12OCK C? Fp AaMFNf/F,�LOCA110N z +57' (va.) 4" x 6" TOP CLAMP AITA OF 6ACKFILL(50 CY 5POIL + 2" CAP IPPOP05EP 20' FLOAT 25 CY SAND/LOAM f0 9 iPI ICKEt7 IN) PPOP 14't?AMP X (5) 6" x 6" WALE5 AI-W-T-8" EL OF DLW MLLW-0'-0" . .2' 10" LAYt% I" x 20' tIEi;OP 4' PPOP 10 EX.Gp 5.6' 6 .91 8" MADMAN 1/2" x 10" x 18' VINYL 51fATHIN6 8 N' AREA fO 06 INCIPENfALLY M12219 fO A MAX. DEPTH OF -41 MLLW(APPPDX.50 CY 5mV/511-f 519010 10" x 20' PILE5 PPOP05En VINYL(31.1"Ap IN PLACE OF (AN012" H16H RT1'IAN) EX15f%TIMDEP DLKIV. (2) 8" x 30' PILES E N - CONSULTANTS 1319 NORTH SEA RD. 1 -;;:.7-r-� SOUTHAMPTON, W 11968 631-283-6360 MAR 1 7 2017 i KOP05W 6UI.UM & nOCK IF MAaIII f B_rc+�r Tn,� FOS LIMTH JAN5M ON JAWS CY�K, Soulhcltl ij—Town I MATTITUCK, 5UFFaK COUNTY, NY rs _._J %ff 2 OF 2 ..11'Le l3 {M.4' f 260 Sailor's Needle Rd I + Google-earth WAW � 5 4 y h4 _ �� S • i. rX' Y �1 a,tAr'�w .de.:a rR�..Kii,�r Fyt ��: y^ `�,/i`tld `ya •� ��... A ., J"`' �� N� "� ��, �.� �,::=.�.�;: +•.•.x'17'" x: TO I I 1 I I / / LIZBETH JANSEN,260 SAILORS NEEDLE ROAD,MATTITUCK .t �r3 - ��+ ,., " `;wear,. ---�-�•7,F �.. ZL K v ?it ;f Figure 3. Looking northeast from adjacent property to west over top of±101'section of ex timber bulkhead to be removed and replaced(in-place and 12"higher)with vinyl bulkhead rr a V }9 n ""T1'N✓ V Yl VF_- ."� Y flµ5•.7.'4 . a Figure 4. Looking southwest over top of±101'seetion of ex.timber bulkhead to be reproved and replaced(in-place and 12"higher)with vinyl bulkhead LIZBETH JANSEN,260 SAILORS NEEDLE ROAD,MATTITUCK 1■ 19,Tali t h! P; Ei i r Jr'�al"a'+Sih.{�;�T v� 'xr.�a' "�.?�-.psdr..i_ _.`+n'F � 'St%':b3r. ,,.+•.— ~`�A � �T, $ pt , . y i Figure S. Looking north from ex dock at face of most northeasterly end of+75'section of ex limber bulkhead to be removed and replaced(in-place and 12"higher)with vinyl bulkhead;and at location of proposed stacked stone retaining wall along easterly property line to contain backfilL } Ar ^h i +fly �' w F� •,�f .4ti Figure 6. Looking southwest from adjacent property to east overtop of±75'section of ex timber bulkhead to be removed and replaced(in-place and 12"higher) with vinyl bulkhead and at existing dock to be removed LIZBETH JANSEN,260 SAILORS NEEDLE ROAD, MATTITUCK �.r Cy� v _ F t Figure 7. Looking south at southwestery end of+101'section of bulkhead to be replaced/raised 12";and at location of proposed 10'westerly return adjacent to 12"higher return of neighboring retaining wall to►vest. T, r i r 7' w• t Figure 8. Looking over southwesterly end of+101'section of bulkhead to be replaced/raised being overtopped and flooded during nor'easter on January 24, 2017. Q." Co It d- In 4. Ile "A 0. ---------- <r 0 r T' A;i .3 It 0 0 opul bb -A toe Pic �y� COUNTY OF SUFFOLK Q KOi SECTION NO aa� Tax Service Agency mW p 144 A PROPERTY W