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HomeMy WebLinkAbout1000-40.-3-5 OFFICE LOCATION: OF so(/TyO MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) G Southold, NY 11971 • Q Telephone: 631 765-1938 �oa �y�ourm,��' LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Donald Wilcenski, Chair Town of Southold Planning Board From: Mark Terry, Assistant Town Planner Director LWRP Coordinator „ Date: June 10, 2020 Re: Eastern Long Island Kampground Amended Location: Whistler Avenue, Fishers Island,New York SCTM#: 1000-40-3-5 Zoning District—RR This amended site plan is to replace 33 existing tent sites with the proposed construction of 20 seasonal cabins at 450 sq. ft. each and a 600 sq. ft. pavilion as part of an existing campground on 23.32 acres in the RR Zoning District, Greenport. The property is located at 64500 CR 48, Greenport. SCTM1000-40-3-5 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, the proposed action is CONSISTENT with the LWRP, provided that the below recommendations are considered/required in the site plan approval. 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. The property is zoned Resort Residential (RR). The purpose of the zoning district is: The purpose of the Resort Residential (RR) District is to provide opportunity for resort development in waterfront areas or other appropriate areas where, because of the availability of water and/or sewers, more intense development may occur consistent with the density and character of surrounding lands The Tourist Camp use in RR zone is a Special Exception previously granted when the campground was constructed (2006 approved site plan). The applicant is now required to update that Special Exception from the ZBA with regard to the proposed cabins. Surrounding land uses include: Suffolk County's Inlet Pond Park located to the north of the parcel, residential (R-40) zoned properties to the east and R-80 to the northwest of the parcel. The proposed use does not conflict with the zoning district or surrounding uses. Policy 2.2. Protect and preserve archaeological resources. A. Conduct a cultural resource investigation when an action is proposed on an archaeological site,fossil bed, or in an area identified for potential archaeological sensitivity on the archaeological resources inventory maps prepared by the New York State Department of Education. 1. Conduct a site survey to determine the presence or absence of cultural resources in the project's potential impact area. The parcel is disturbed and improved with unpaved and paved areas, campsites and buildings necessary to support and operate an active campground. The parcel is located in area designated as sensitive for archeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory (The NYS Cultural Resource Information System (CRIS)). Coordination with the Office of Parks Recreation and Historic Preservation is recommended. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. E Preserve existing vegetation and establish new indigenous vegetation to enhance scenic quality: The file record indicates that the proposed cabins will be located on existing campsites and the removal of canopy will be minimized. However, the location where the cabins are proposed is wooded and contains several large specimen trees (June 4, 2020 site inspection) and it is unclear how many trees and what species would be removed. It is recommended that the species, number and size of trees to be removed are clarified. Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. The majority of the parcel area is located outside of a FEMA mapped flood zone. The southwest corner of the property is located within the FEMA Flood Zone AE (1-percent-annual-chance flood event) and X (0.2 percent annual chance flood event); an area of minimal flood hazard. Structures are not proposed to be located within the flood zone. Potential impacts to the structures by flood are expected to be minimal. Policy 5. Protect and improve water quality and supply in the Town of Southold. The proposal supports this policy by connecting to public water and disposing of sanitary waste through a connection to the Greenport Sewer District. Storm water generated on site will be retained by drywells pursuant to Chapter 236 Stormwater Management of the Southold Town Code. Correspondingly, the following best management practices will be required to further Policy 5 and protect ground and surface waters. a. Require the use of native, drought-tolerant plants in landscaping. b. Require only the use of organic fertilizers where the water-soluble nitrogen is no more than 20% of the total nitrogen in the mixture. c. Require a maximum of 1 lb. of nitrogen per 1000 square feet in any one application, with a cumulative application of no more than 2 lbs. per 1,000 square feet per year. d. Prohibit the application of fertilizer products containing nitrogen, phosphorus, or potassium between November 1st and April 1St. e. The use of phosphorous containing lawn fertilizer is prohibited unless establishing a new lawn or soil test shows that the lawn does not have enough phosphorus. Fertilizer labels have three bold numbers. The number in the middle is the percentage of phosphorus in the product, e.g. 22-0-15. Use of products with 0.67 in the middle or lower is not restricted. Products with a number higher than 0.67 may only be used if a new lawn is being established or a soil test indicates it is necessary. Due to the close proximity of the developed area to high quality, freshwater wetlands, only organic herbicides and pesticides on the property are recommended to be permitted. Using products that are not organically based should be prohibited. Integrated pest management (IPM) strategies should also be considered. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. A. Protect Significant Coastal Fish and YVildlife Habitat values from uses or activities that would: 1 Destroy habitat values associated with the designated habitat through: a. direct physical alteration, disturbance, or pollution, or b. indirect effects of actions, which would result in a loss of habitat. The parcel borders the New York State Coastal Fish & Wildlife Habitat Pipes Cove Creek and Moore's Drain. Except for the clearing of trees, low direct physical disturbance or pollution loading would result within the designated area. Indirect impacts would occur to wildlife through the removal of habitat (trees) to site the proposed cabins and pavilion. A chain link fence separates the campground from the woodland and wetlands to the east, south and partially to the west. 2 Significantly impair the viability of the designated habitat beyond the tolerance range of important fish or wildlife species which rely on the habitat values found within the designated area through: a degradation of existing habitat elements, b change in environmental conditions, C. functional loss of habitat values, or d. adverse alteration of physical, biological, or chemical characteristics. The NYSDEC Environmental Mapper was consulted and the entire parcel or portions thereof is located within a: a. NYSDEC Freshwater Regulated Wetland — A state regulated wetland located in the south of the parcel. A wetland identified as SO-1 Class: 2 Size 202 (Acres) occurs adjacent to the site. All wetlands and the majority of the mapped significant natural communities will be avoided and left in a natural state. b. Significant Natural Community — A coastal oak-hickory forest (portion) is located in the southeast corner of the parcel where the cabins are proposed to be located. The significant natural community (Moore's Drain) occurs immediately to the south, east and west of the parcel. Sustainable buffers and BMP's to protect water quality, vegetation and wildlife should be required. 6.4 Protect vulnerable fish, wildlife, and plant species, and rare ecological communities. Rare Plants and Animal Area — The entire parcel is included in the Rare Plants and Animals Area check zone. The parcels seasonal use as a campground is during the timeframe when wildlife is most active,protected animal species may occur on the parcel. Based upon the similar habitat of adjacent parcels (Vineyard View), the use of the subject parcel by the eastern box turtle (Terrapene carolina), a NYS species of special concern is likely. Furthermore, the sharp shinned hawk (Accipiter striatus) and Cooper's hawk (Accipter cooperi); both NYS species of special concern could also use the parcel. The NYSDEC identifies the Southern Sprite (Nehalennia integricollis), Swamp Smartweed (Persicaria hydropiperoides) and the Northern Cricket Frog (Acris crepitans) as occurring on the parcel or containing habitat suitable for the species. It is recommended that the applicant contact the New York Natural Heritage program. The Northern long eared bat (1Llyotis septentrionalis), a USFWS threatened species was not discussed in the FEAF and should be included in future assessments. It is unknown if these species occur on the parcel/site and a survey of the area to be developed is recommended prior to clearing and grading by a qualified biologist/botanist. Inlet Pond (County Park) located to the north of the parcel is a listed NYSDEC Critical Environmental Area. No significant adverse impacts would result to the park as a result of the action. Policy 12.1 Protect agricultural lands from conversion to other land uses. The NY Department of Agriculture and Markets has created a Land Classification System based on soils that are used in the Agricultural Assessment Program pursuant to Article 25-AA of the Agriculture and Markets Law. The largest on-site soil group is Riverhead Sandy loam 0-3 Percent Slopes, Sudbury Sandy Loam and Muck. Soils or slopes characteristics on the parcel will not impede development. Significant agricultural soil areas will not be impacted as a result of this action. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Brian Cummings, Planner * OFFICE LOCATION: MAILING SUUjyO MAILING ADDRESS: Town Hall Annex ,`O l0 P.O. Box 1179 54375 State Route 25 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY 11971 G Q Telephone: 631 765-1938 an COU01 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM RECEIVED J U N 2 5 2020 To: Donald Wileenski, Chair Southold Town Town of Southold Planning Board Planning Board- From: oard-From: Mark Terry, Assistant Town Planner Director LWRP Coordinator t: Date: June 10, 2020 Re: Eastern Long Island Kampground Amended Location: 64500 CR 48, Greenport,New York SCTM#: 1000-40-3-5 Zoning District—RR This amended site plan is to replace 33 existing tent sites with the proposed construction of 20 seasonal cabins at 450 sq. ft. each and a 600 sq. ft. pavilion as part of an existing campground on 23.32 acres in the RR Zoning District, Greenport. The property is located at 64500 CR 48, Greenport. SCTM1000-40-3-5 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, the proposed action is CONSISTENT with the LWRP, provided that the below recommendations are considered/required in the site plan approval. 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. The property is zoned Resort Residential (RR). The purpose of the zoning district is: The purpose of the Resort Residential (RR) District is to provide opportunity for resort development in waterfront areas or other appropriate areas where, because of the availability of water andlor sewers, more intense development may occur consistent with the density and character of surrounding lands The Tourist Camp use in RR zone is a Special Exception previously granted when the campground was constructed (2006 approved site plan). The applicant is now required to update that Special Exception from the ZBA with regard to the proposed cabins. Surrounding land uses include: Suffolk County's Inlet Pond Park located to the north of the parcel, residential (R-40) zoned properties to the east and R-80 to the northwest of the parcel. The proposed use does not conflict with the zoning district or surrounding uses. Policy 2.2. Protect and preserve archaeological resources. A. Conduct a cultural resource investigation when an action is proposed on an archaeological site,fossil bed, or in an area identif ed for potential archaeological sensitivity on the archaeological resources inventory maps prepared by the New York State Department of Education. 1. Conduct a site survey to determine the presence or absence of cultural resources in the project's potential impact area. The parcel is disturbed and improved with unpaved and paved areas, campsites and buildings necessary to support and operate an active campground. The parcel is located in area designated as sensitive for archeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory (The NYS Cultural Resource Information System (CRIS)). Coordination with the Office of Parks Recreation and Historic Preservation is recommended. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. E. Preserve existing vegetation and establish new indigenous vegetation to enhance scenic quality: The file record indicates that the proposed cabins will be located on existing campsites and the removal of canopy will be minimized. However, the location where the cabins are proposed is wooded and contains several large specimen trees (June 4, 2020 site inspection) and it is unclear how many trees and what species would be removed. It is recommended that the species, number and size of trees to be removed are clarified. Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. The majority of the parcel area is located outside of a FEMA mapped flood zone. The southwest corner of the property is located within the FEMA Flood Zone AE (1-percent-annual-chance flood event) and X (0.2 percent annual chance flood event); an area of minimal flood hazard. Structures are not proposed to be located within the flood zone. Potential impacts to the structures by flood are expected to be minimal. Policy S. Protect and improve water quality and supply in the Town of Southold The proposal supports this policy by connecting to public water and disposing of sanitary waste through a connection to the Greenport Sewer District. Storm water generated on site will be retained by drywells pursuant to Chapter 236 Stormwater Management of the Southold Town Code. Correspondingly,the following best management practices will be required to further Policy 5 and protect ground and surface waters. a. Require the use of native, drought-tolerant plants in landscaping. b. Require only the use of organic fertilizers where the water-soluble nitrogen is no more than 20% of the total nitrogen in the mixture. c. Require a maximum of 1 lb. of nitrogen per 1000 square feet in any one application, with a cumulative application of no more than 2 lbs. per 1,000 square feet per year. d. Prohibit the application of fertilizer products containing nitrogen, phosphorus, or potassium between November 1St and April 1St e. The use of phosphorous containing lawn fertilizer is prohibited unless establishing a new lawn or soil test shows that the lawn does not have enough phosphorus. Fertilizer labels have three bold numbers. The number in the middle is the percentage of phosphorus in the product, e.g. 22-0-15. Use of products with 0.67 in the middle or lower is not restricted. Products with a number higher than 0.67 may only be used if a new lawn is being established or a soil test indicates it is necessary. Due to the close proximity of the developed area to high quality, freshwater wetlands, only organic herbicides and pesticides on the property are recommended to be permitted. Using products that are not organically based should be prohibited. Integrated pest management (IPM) strategies should also be considered. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. A. Protect Significant Coastal Fish and Wildlife Habitat values from uses or activities that would: 1. Destroy habitat values associated with the designated habitat through: a. direct physical alteration, disturbance, or pollution, or b. indirect effects of actions, which would result in a loss of habitat. The parcel borders the New York State Coastal Fish & Wildlife Habitat Pipes Cove Creek and Moore's Drain. Except for the clearing of trees, low direct physical disturbance or pollution loading would result within the designated area. Indirect impacts would occur to wildlife through the removal of habitat (trees) to site the proposed cabins and pavilion. A chain link fence separates the campground from the woodland and wetlands to the east, south and partially to the west. 2 Significantly impair the viability of the designated habitat beyond the tolerance range of important fish or wildlife species which rely on the habitat values found within the designated area through: a degradation of existing habitat elements, b change in environmental conditions, C. functional loss of habitat values, or d. adverse alteration of physical, biological, or chemical characteristics. The NYSDEC Environmental Mapper was consulted and the entire parcel or portions thereof is located within a: a. NYSDEC Freshwater Regulated Wetland — A state regulated wetland located in the south of the parcel. A wetland identified as SO-1 Class: 2 Size 202 (Acres) occurs adjacent to the site. All wetlands and the majority of the mapped significant natural communities will be avoided and left in a natural state. b. Significant Natural Community — A coastal oak-hickory forest (portion) is located in the southeast corner of the parcel where the cabins are proposed. The significant natural community (Moore's Drain) occurs immediately to the south, east and west of the parcel. Sustainable buffers and BMP's to protect water quality, vegetation and wildlife should be required. 6.4 Protect vulnerable fish, wildlife, and plant species, and rare ecological communities. Rare Plants and Animal Area — The entire parcel is included in the Rare Plants and Animals Area check zone. The parcels seasonal use as a campground is during the timeframe when wildlife is most active,protected animal species may occur on the parcel. Based upon the similar habitat of adjacent parcels (Vineyard View), the use of the subject parcel by the eastern box turtle (Terrapene Carolina), a NYS species of special concern is likely. Furthermore, the sharp shinned hawk (Accipiter striatus) and Cooper's hawk (Accipter cooperi); both NYS species of special concern could also use the parcel. The NYSDEC identifies the Southern Sprite (Nehalennia integricollis), Swamp Smartweed (Persicaria hydropiperoides) and the Northern Cricket Frog (Acris crepitans) as occurring on the parcel or containing habitat suitable for the species. It is recommended that the applicant contact the New York Natural Heritage program. The Northern long eared bat (Myotis septentrionalis), a USFWS threatened species was not discussed in the FEAF and should be included in future assessments. It is unknown if these species occur on the parcel/site and a survey of the area to be developed is recommended prior to clearing and grading by a qualified biologist/botanist. Inlet Pond (County Park) located to the north of the parcel is a listed NYSDEC Critical Environmental Area. No significant adverse impacts would result to the park as a result of the action. Policy 12.1 Protect agricultural lands from conversion to other land uses. The NY Department of Agriculture and Markets has created a Land Classification System based on soils that are used in the Agricultural Assessment Program pursuant to Article 25-AA of the Agriculture and Markets Law. The largest on-site soil group is Riverhead Sandy loam 0-3 Percent Slopes, Sudbury Sandy Loam and Muck. Soils or slopes characteristics on the parcel will not impede development. Significant agricultural soil areas will not be impacted as a result of this action. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Brian Cummings, Planner