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HomeMy WebLinkAbout1000-13.-2-8.2 i OFFICE LOCATION: if SUUTMAILING ADDRESS: Town Hall Annex P.O.Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) S � • OQ Telephone: 631 765-1938 Southold, NY 11971 O Fax: 631765-3136 COU LOCAL WATERFRONT REVITALIZATION PROGRAM b� _ _ TOWN OF SOUTHOLD g M! igg To: Donald Wilcenski, Chair Town of Southold Planning Board Southold Town From: Mark Terry, Assistant Town Planning Director Planning Board LWRP Coordinator Date: August 15, 2018 Re: LWRP Coastal Consistency Review for the Proposed Standard Subdivision for Mazzoni Located at 500 Soundview Drive, approximately 782'to the north of NYS Route 25 and 256'to the east of Soundview Drive, Orient SCTM#1000-13-2-8.2 Zoning District: R-80 This proposal is for a Standard Subdivision of a 22.94 acre parcel into 5 lots where Lot 1 =2.27 acres, Lot 2 = 1.67 acres, Lot 3 =2.13 acres, Lot 4 = 0.59 acres, Lot 5 = 16.28 acres inclusive of a 1.21 acres right-of-way, 8.58 acres of Open Space and 6 acres of a Conservation Easement held by the Peconic Land Trust (PLT) located in the R-80 Zoning District. 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 below listed policies provided the following recommendations are required: This consistency recommendation was based (in part) upon the following materials: 1. A report titled Aqu fer Quantity & Quality Analysis November 2016 prepared by P.W. Grosser Consulting that was submitted on December 8, 2016. 2. February 10, 2017 -The Planning Board seeking clarification on the Aquifer Quantity & Quality Analysis November 2016 report sent a letter to the applicant. 3. April 11, 2017 - P.W. Grosser Consulting responded to comments issues by the Planning Board on the Aquifer Quantity & Quality Analysis November 2016 report. 4. May 8, 2017 - The applicant submitted a revised Aquifer Quantity & Quality Analysis Policy 2.2. Protect and preserve archaeological resources. 1 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 New York Department of Parks, Recreation and Historic Preservation was contacted by the applicant and department - -- - — - -- -- - - -- - - - ---response—(August-22,- 201-4)--indicated-that-"no--archeological- - -------- investigations should be required." This policy has been met. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. The preservation of scenic resources is a State and Town goal established in many plans. At the State level the elevation and preservation of the value of scenic resources in Southold are a listed NYS Areas: LI North Shore Heritage Area goal. The designation is supported by a plan that includes strategies and specific policy recommendations on the unique historical, maritime and special environmental resources contained within the area. The New York State Scenic Byways designation of State Route 25 also establishes goals to preserve the scenic qualities of Southold. The Towns Comprehensive Plan contains many goals and objectives to identify and protect scenic qualities from land and waters. The Standard Subdivision was designed to further these goals and objectives by requiring land preservation and clustered development. A. Minimize introduction of structural design components (including utility lines, lighting, signage and fencing) which would be discordant with existing natural scenic components and character. Views from public, scenic vantage points are not apparent. Limited views of the open space areas may be available from Heath Drive and Sound View Drive. Due to the topographical rise of the parcel in the north it is also expected that future residential structures located on Lots 1 through 3 will also be visible. The lots are clustered to minimize impacts to scenic character from public vantage points and future development is not expected to be discordant with existing surrounding character(neighborhood). E. Preserve existing vegetation and establish new indigenous vegetation to enhance scenic quality: Most vegetation on the parcel has been cleared. Currently an existing vineyard is located on Lot 5. On lots 1 through 4, the land area has been cleared to varying levels and landscaped. Vegetation is intact on the bluff area. To preserve the integrity of the bluff and associated vegetation within 100' from the top-of-bluff, the establishment of a 100' wide non-disturbance buffer from the top-of-bluff is required. 2 The buffer will minimize impacts from residential development on the regulated features (wetlands, coastal bluffs) It is recommended that the areas on the lots dedicated to the buffer are credited to the required clearing limits on each lot. K. Protect visual quality associated with agricultural land, open space and natural resources. 2. Group or orient structures during site design to preserve open space and provide - - - - --- ---visual-organization. - The application meets this policy clustering the residential lots to provide visual organization of the developed areas and agricultural lands and open space. The clustering of structures furthers Chapter 240-43 Article XI. Cluster Development � 240-43. Determination of location of open spaces created by cluster development using primary and secondary conservation areas. B. The location of open space lands shall be determined in general accordance with the goals of the Town's Comprehensive Plan and in particular with the Southold Town Farm and Farmland Protection Strategy to provide an interconnected network of open space and farmland. The majority of prime farmland (agricultural soils) will be retained as open space. 3. Avoid structures or activities which introduce visual interruptions to natural landscapes including: As discussed above existing vegetation is proposed to be used to greatest extent practical to mitigate the introduction of structural components into natural landscapes. a. introduction of intrusive artificial light sources The number of street lights will be reduced to the minimum necessary to mark intersections of roadways. 5.4. Limit the potential for adverse impacts of watershed development on water quality and quantity. Recent studies have linked on-site sanitary systems with contributing Nitrogen to surface waters. Both the Long Island Sound and Peconic Estuary have experienced detrimental changes from increased nutrient loads to ground and surface waters. In the Long Island Sound, and more recently in the Peconic Estuary, low Dissolved Oxygen (DO) conditions (hypoxia) develop due to excessive levels of Nitrogen (N) and Phosphorous (P). Hypoxia 3 is a result from planktonic algae blooms that feed on the nutrients. The algae die and settle to the bottom of the water body then decay, using up Dissolved Oxygen in the process. The Oxygen levels frequently fall below the levels necessary to sustain life and often result in fish and shellfish die offs. Wastewater will be discharged to an approved innovative/alternative on-site sanitary systems; reducing the total nitrogen loading to surface and ground waters. The parcel contains slopes equal to or greater than 15 percent. Lots 1 through 4 contain ._____slopesequal_to_or_greater than_20._percent.-_Dueto_potentialadverse_impacts-to-properties______._ ______ with steep slopes that could result from storm water and erosion,the development on 20 percent slopes and control of storm water is regulated by Chapter 236 Storm Water Management. Correspondingly, the New York State Department of Environmental Conservation(DEC)Phase II State Pollutant Discharge Elimination System (SPDES) Program regulates storm water and erosion. A NYSDEC Storm Water Pollution Prevention Plan (SWPPP)will be required for this action. The most effective management of slopes is avoiding development upon them and retaining vegetation to prevent storm water and erosion impacts. It is recommended that all building envelopes are configured to avoid slopes equal to or greater than 20 percent on Lots 1 and 2. Further it is recommended that slopes equal to or greater than 15 percent be excluded from the building envelope on Lot 3 to minimize slope disturbance and protect the property located to the east at the toe of the slope. Sanitary systems and drywells should be located in the west of the lot. 5.5. Protect and conserve the quality and quantity of potable water. The area is not served by public water and located over a sole source aquifer. The water supply to surrounding properties is sourced from private wells. On May 8, 2017 the applicant submitted a revised Aquifer Quantity & Quality Analysis November 2016 report which provided an in depth analysis of site conditions and made recommendations to mitigate potential impacts. They include: a. The installation of a Suffolk County Department of Health Services approved I/A OWTS's on each residential lot; b. Water supply wells with a maximum 10 gpm flow to meet the new water demand to minimize upconing and saltwater intrusion; and c. Spacing water supply wells evenly and as far from the edge of the shore as possible to minimize saltwater intrusion. Best Management Practices (BMP's) and Agricultural Environmental Management (AEM's) were also proposed. In the event that the action is approved it is recommended that the following best management practices are required on the residential lots to further policies 5.2, 5.3, 5.4 and 5.5 and protect the ground and surface waters of Orient a. Require the use of native, drought-tolerant plants in landscaping. b. Require rain sensors to promote responsible irrigation methods. 4 c. Require only the use of organic fertilizers where the water-soluble nitrogen is no more than 20% of the total nitrogen in the mixture. d. 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. e. Prohibit the application of fertilizer products containing nitrogen, phosphorus, or potassium between November 1St and April 1st. f. 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.-22-0-1-5.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. 12.1. Protect agricultural lands from conversion to other land uses. Lots have been clustered to avoid agricultural lands to the greatest extent practicable 12.3. Minimize adverse impacts on agriculture from unavoidable conversion of agricultural land. Agricultural soils would be converted to residential use as a result of this subdivision in the north of the property. Due to the occurrence of slopes and boulders in this section of the parcel,the soils are not suitable for traditional row crop agriculture,however, animal husbandry could be viable. Six acres of active farmland has been preserved through Conservation Easement with the Peconic Land Trust. Additionally subdivision regulations of the Town of Southold require preservation of 60 percent of buildable land area as open space,therefore, a total of 14.58 acres of the 22.94 acre parcel will be preserved. The open space is actively farmed meeting the goals of the Southold Town Farm and Farmland Protection Strategy (2000) and Community Preservation Project Plan(2016 update) The majority of the prime agricultural soils is currently in vineyard use and will be preserved. The action furthers these policies. Please contact me at(631) 765-1938 if you have any questions regarding the above. Cc: Heather Lanza, Town Planning Director 5