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HomeMy WebLinkAboutTR-6238Board Of Southold 'Town Trustees SOUTHOLD, NEW YORK PERtvlIT NO .... ~§ ..... ISSUED TO BELVEDERE PROPERTY MANAGEMENT, LLC Pursuant to the provisions of Chaplet 615 of ~e Mws of the Sfa~ of New York, 1893~ ~nd ~apter ~ of i~e ~ws of S~afe of New York 1952j and fha Southold To~n Ordinance '~Eled ?'RE~U~TIN~ AND ~E P~CIN~ OF OBSTEUC~NS IN AND ON TOWN WATERS AND PUBLIC ~NDS aadi~ R~OVAL OF SAND, GRAVEL-OR OTHER ~ATERIALS~F~O~ ~NDS .UNDER TOWN WA~RS;~.'. ~nd in aCc~dance wfih 'the Resol~Jon of The Board ~dopfed at ~ meeting held on ~o.Y.,....$..~. 2~0.5....., ~nd in consideration of the sum of $...~.~.~..:?~ ... peJd by Terms end ~nd~fions llsfed on ~he revere sJde ~reof, of ~uihold Town Tr~ees eufhorkes and permi~ fha folJo~ng: all m accoraance ae~a~asp~mcat~ons as pre~nteam 8/Z/05. IN WITNESS WHEKE~, ~e said Board 0f Trustees ~re- ~u~ its ~r~rate Seal to be a~xed, an~ ~ese presen~ su~ed by ~'maj~ of the sald ~ard ~s of Jhls dale, TERMS and CONDmONS "'i ~e ~ Belvedere Property Management, LLC tpSAl~,~,,t 1251 Ave. of the Americas, 17th Flr, NY for ~ ~on ~y ~ ~ to ~e ~ ~ a ~-~ ~ ~ ~l~ .'. ' Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliweda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 November 16, 2005 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Glenn E. Just J.M.O. Environmental Consulting, Inc. P.O. Box 447 Quogue, NY 11959-0447 RE: BELVEDERE PROPERTY MANAGEMENT, LLC ROBINS ISLAND SCTM#134-3-5 Dear Mr. Just: The Board of Town Trustees took the following action during its regular meeting held on November 16, 2005 regarding the above matter: WHEREAS, J.M.O. Environmental Consulting on behalf of BELVEDERE PROPERTY MANAGEMENT, LLC applied to the Southold Town Trustees for a permit under the provisions of Chapter 97 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated October 25, 2005, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on November 16, 2005, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, 2 WHEREAS, the structure complies with the standards set forth in Chapter 97 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approve the application of BELVEDERE PROPERTY MANAGEMENT, LL(::; to place approx. 375 boulders (2'-6'0 in dia.) along approx. 655' beach for shoreline protection. The boulders shall be placed above the AHWL and aligned to break wave energy, which has caused erosion to the '~oe" of the existing bluffs and shoreline, and all as depicted on the erosion control plan prepared by Martin Alexander Read dated August 1, 2005. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: None Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK/Ims Telephone (631) 765-1892 T~wa Hall 53095 Route 25 P.O, Box 1179 Southold, New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Wed., November 9, 2005, the following recommendation was made: BELVEDERE PROPERTY MANAGEMENT, LLC to place approx. 375 boulders (2'-6'0 in dia.) along approx. 655' be~lch for shoreline protection. The boulders shall be placed above the AHWL and aligned to break wave energy, which has caused erosion to the "toe" of the existing bluffs and shoreline. Located: Robins Island. SCTM#134-3-5 The CAC did not make an inspection, therefore no recommendation was made. Robins Island PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L, EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town of Southold Board of Trustees Wetland Permit for Belvedere Property Management SCTM# 134-3-5 ..... From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: November 15, 2005 Re: BELVEDERE PROPERTY MANAGEMENT, LLC requests a Wetland Permit to place approx. 375 boulders (2'-6'0 in dia.) along approx. 655' beach for shoreline protection. The boulders shall be placed above the AHWL and aligned to break wave energy, which has caused erosion to the "toe" of the existing bluffs and shoreline. Located: Robins Island. SCTM#134-3-5 The proposed action has been reviewed to Chapter 95, Waterfi'ont Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy S'tandards. 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 generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRPo Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Please contact me at (631) 765-1938 if you have any questions regarding the above. Office Use Only ~ctl~l Erosion Permit Application d Permit Application Administrative Permit oct 2s ~ _:%_- ' So,Jr,, ,d To ¥ff .... (provide LILCO Pole #, distance to cross streets, and location) (If applicable) Address: '~ O, ~'~0'~ qLOt'~'~ ~ard of Trustees Application Land Area (in square feet): Area Zoning: Previous use of property: Intended use of property: GENERAL DATA Prior permits/approvals for site improvements: Agency Date __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspende~d by a governmental agency? ~/'No. Yes If yes, provide explanation: Project Description (use attachments if necessary): Project Description Applicant proposes to place approximately 375 boulders (2'-6'0 in diameter) along approximately 655' beach for shoreline protection. The boulders shall be placed above the Apparent High Water Line and aligned to break wave energy which has caused erosion to the "toe" of the existing bluffs and shoreline at the project site. ~&]~cl o£ ~2ms~ees App~£c&~£o~ WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: ~',c'C~r~ Area of wetlands on lot: ~,/ \CDt ~..~7.~ square feet Percent coverage of lot: ~ \.O_ % Closest distance between nearest exist'rog stxucture and upland edge of wetlands: ~ t>~CX.) feet Closest distance between nearest proposed structure and upland edge of wetlands: (o--t O feet Does the project involve excavation or filling? ~'~ No Yes If yes, how much material will be excavated? How much material will be filled? g'X ~ Ck ~ cubic yards cubic yards Depth of which material will be removed or deposited: ,~ feet Proposed slope throughout the area of operations: [ ', \ Manner in which material will be removed or deposited: (/A--ti (X&~ Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): ~&rd of Trustees Ap~licatio~ COASTAL EROSION APPLICATION DATA Purposes of proposed activity: Are wetlands present within 100 feet of the proposed activity? No '~ Yes Does the project involve excavation or filling? ,~ No Yes If Yes, how much material will be excavated? ,~. (cubic yards) How much material will be filled? ~x (cubic yards) Manner in which material will be ~oved or deposited: (.~(-Y/~ i Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I · PROJECT INFORMATION (To be completed by A~plicant or Project Sponsor) 1. APPLICANT/SPONSOR 12. PROJECT NAME Belvedere Property Management, LLC. [ Placement of boulders for erosion control 3. PROJECT LOCATION: Municipality New Suffolk County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Robins Island S.C,T.M.No. 1000-134-3-5 5. PROPOSED ACTION IS: [] New [] Expansion [] Modflication/alteration 6. DESCRIBE PROJECT BRIEFLY: Applicant proposes to place approximately 375 boulders (2' - 4' in diameter) along approximately 655' o£beach for shoreline protection. The boulders shall be placed above the Apparent High Water Line and aligned to break wave energy which has caused erosion to the "toe" of the existing bluffs and shoreline at the project site. 7. AMOUNT OF LAND AFFECTED: Initially 0,5 acres Uflimately 0.5 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No if No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial Describe: Private island and licensed shooting preserve r--'lAgdculture [] Park/Forest/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes U No If Yes, list agency(s) name and permit/approvals: Southold Town Trustees tl. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I~Yes []No I CER)[IFY T~T THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name/I G~. E. Jus~) Date: 9/2/05 If the action is in th(//C~l'stal Area, and you are a state ag.ency, complete the Coastal Assessr~nt Form before proceeding with th,s assessment OVER 1 J.M.O. Environmental Consulting Services October 28, 2005 Mrs. Lauren Standish Board Of Town trustees Town Of Southold P.O. Box 1179 Southold, N.Y. 11971-1179 Re: Application for Belvedere Property Management, LLC. Robins Island Erosion Control Project Dear Lauren: Enclosed please fmd is the LWRP Consistency Assessment Form which I have prepared for this project. Upon the Town's review of this form please contact me directly with any comments or questions that might arise. If the project site needs to be reinspected by the Board please let me know a day or two in advance so that I may make the necessary arrangements for transportation to the Island as well as to the project site. i31e~nn E. Just~'~ Phone (631) 653-0607 * Fax (631) 653-3348 121 Jessup Ave · 2nd Floor · P.O, Box 447 Quogue, New York 11959-0447 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF 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. 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 Revimli?:ation Program. A proposed action will be evaluated as to its si~ificant 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", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. 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 phces: online ~lt ~e T0Wn'of Southold's website (southoldtown.nortlffork. ne0, the Board of Trustees Oflt~,.the Planning Depatime~t, all local libraries and the Town Clerk's office. : ' B. DESCRIPTION OF SITE AND PROPOSED ACTION SCT t# ,,% ,ff' The Application has been submitted to (check appropriate response): Town Board ~-~ Planning Dept. [] 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) Co) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Location of action: Site acreage: Present land use: Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (c) Telephone number: Area Code ( ) (d) Application amber, if any: Will the action be directly undertaken, require funding, ~ att!~r federal agency? Yes [-~ No['~ Ifyes, which state or federal agency? 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. Sec 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 Attach ~dditional sheets if necessary Policy 3. Enhance visual q~lity and protec~ scenic resources throughout the Town of Southold. See LWRP Section IH - Policies Pages 6 through 7 for evaluation criteria ~ Yes [] No ~ Not Applicable At~ach additional sheets if necessaw NATURAL COAST POLICIES Policy 4. l~inimia,, loss of life, structm-es, mad uatural resom-ces from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~ Yes [] No [] Not Applicable 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 At~ach additional sheets if necessary Policy 6. Protect and restore the cpmlity and function of the Town of Southold ecosystems illchlding~ Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section HI - Policies; Pages 22 through 32 for evaluation criteria. [] No [] Not Applicable Natural Coast Policies Policy 4. Minimize loss of life, structures and natural resources form flooding and erosion. The proposed project has been designed to break wave energy which is causing erosion in two separate areas. Both of these areas are exposed to the fetch caused by wave energy generated out of the southwest. The first site is adjacent to the "Clay pits" which is an area of existing freshwater wetlands which is regulated by the Town Trustees and the N.Y.S.D.E.C. as (SH-53) as indicated on the New York State Freshwater Wetlands Map for the area of the project site.. The "Clay pits" is also an area that is used for breeding and feeding by the Eastern Mud Turtle (Kinosternon subrubrum). Due to the erosion of the bluffand beach adjacent to this area of freshwater wetlands there is now the chance that the area may be breached and flooded by tidal waters. The second site involved with this project is located to the south of the first site. In this area the project has been designed to protect an area of a unique geological formation of bluff that has been eroding through "toe "erosion of the bluff. The purpose of the project is to protect both of these areas from ongoing erosion. As part of the design of this project we had first investigated using revegation of the two areas. Given the physical characteristics of the beach, the types and sizes of sand and the fact that there is no existing natural vegetation growing on the beaches at these two sites it was determined that plantings would not be successful. Section 4.2 recommends that natural protective features be protected, restored and enhanced and that destruction or degradation of these features should be discouraged or prohibited. This project has been designed to enhance natural protective features and to limit damage to natural shoreline features. It is felt that this project complies with this policy. Policy No 6. Protect and restore the quality and function of the Town of Southold ecosystems including significant Coastal Fish and Wildlife Habitats and Wetlands. As described earlier this project has been designed to break wave energy that is causing erosion at the project site. Should there be further erosion in the area of the "clay pits" and if tidal waters entered this area there is a strong possibility that adverse changes would be made to this ecosystem which can not be reversed. Such changes to this area of freshwater wetlands shall include physical loss of ecological components, degradation of ecological components and functional loss of ecological components associated with this area of freshwater wetlands. Furthermore the values of the Significant Fish and Wildlife Habitat would be destroyed through direct physical alteration and the viability of the habitat will be significantly impaired beyond the tolerance range of important fish and wildlife species such as the Eastern Mud Turtle which rely on the habitat. Values of the habitat for fish and wildlife species will be lost due to the degradation of existing habitat elements, change in environmental conditions, loss of habitat values and adverse alteration of physical, biological and chemical characteristics. Should tidal waters enter the freshwater wetlands there shall be changes to the physical parameters of the site such as loss of living space, circulation of tidal waters were tidal waters have never existed, tidal flushing in an area where it has never existed, turbidity, changes in water temperature, sedimentation and loss of vegetation. There shall also be the chance of changes to the biological parameters of the site such as a change in community structure and food chain, species diversity, mortality rates and migratory patterns. Should tidal waters enter this area there shall also be changes in the chemical parameters of the area including dissolved oxygen, carbon dioxide, acidity, salinity, dissolved solids, nutrients and organics. This project falls under the jurisdiction of one other agency other than the Southold Town Trustees. This agency is the New York State Department of Environmental Conservation. Prior to submitting his application numerous meetings both on site and offsite were held with representatives of the N.Y.S.D.E.C. The purpose of said meetings was to assure that the project as designed complies with the regulatory requirements of the Freshwater Wetlands Act (Article 24 of the ECL) and the Tidal Wetlands Act (Article 25 of the ECL) for the protection of both tidal and freshwater wetlands. Being that the proposed project shall be located landward of the Apparent High Water Line and the Spring High Tide Line the project does not fall under the jurisdiction of any other regulatory agencies t>ther that the Town Trustees and the N.Y.S.D.E.C. and that the project as designed, meets with all requirements of these agencies it is felt that this project'complies with this policy. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section HI - Policies Pages 32 through 34 for evaluation criteria. [] Yes ~-~ NoD Not Applicable Attach additional sheets if necessary POlicy 8. bqinimi~ ellvironmel~d degradation in Town of Southoid from solid waste and hn,~rdous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes [] No ~t~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, co~t~d 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 HI - Policies; Pages 47 through 56 for evaluation criteria. [] Yes [] No ~ Not Applicable Attach additional sheets if necessavj 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 *pp,cab,e Attach additional sheets if ne~ssary 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 n~cessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section HI - Policies; Pages 6~ through 68 for evaluation criteria. [] Yes [] No [~ Not Applicable Created on 5/25/05 ll:20AM