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Home My WebLink About1000-8.-1-6.6PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD 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 To: James King, President Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: August 22, 2006 Re: Request for Wetland Permit for Susan S. Rentchler SCTM#1000-8-1-6.6 J.M.O. Environmental Consulting, Inc. on behalf of SUSAN S. RENTCHLER requests a Wetland Permit & Coastal Erosion Permit to excavate and re-grade area landward of the crest of the bluff and remove +/-6,000 cy. of sand. Located: Private Rd., Fishers Island. SCTM#8-1-6.6 The proposed action has been reviewed to Chapter 95, 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 denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. THE TOP OF BLUFF LINE DOES NOT APPEAR TO BE CORRECT. The action involves the excavation of a vegetated bluff and/dune ecosystem which is inconsistent with the following policy. There is no ability for the proposed action to further or meet the policy. 4.2 Protect and restore natural protective features. Natural protective geologic features provide valuable protection and should be protected, restored and enhanced. Destruction or degradation of these features should be discouraged or prohibited. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. Maximize the protective capabilities of natural protective features by: 1. avoiding alteration or interference with shorelines in a natural condition 2. enhancing existing natural protective features using practical vegetative approaches to stabilize natural shoreline features managing activities to limit damage to, or reverse damage which has diminished, the protective capacities of the natural shoreline providing relevant signage or other educational or interpretive material to increase public awareness of the importance of natural protective features Minimize interference with natural coastal processes by: 1. providing for natural supply and movement of unconsolidated materials and for water and wind transport 2. limiting intrusion of structures into coastal waters Limited interference is to be mitigated to ensure that there is no adverse impact to adjacent property, to natural coastal processes and natural resources, and, if undertaken by a private property owner, does not incur significant direct or indirect public costs. Furthermore~ the proposed action is not a permitted action under Chapter 111-13 and 111-14 of the Town of Southold Town Code which prohibits excavating, eradim, or mining of soil within Dune or Bluff areas. CC: Shawn Kiernan, New York Department of State, Division of Coastal Resources Envi ro i c e s Applicant: Susan S Rentchle~ Location: private road, no #, F,ish~ff~- S.C.T.M.No. 1000-008-1-6.6 The project consists of the applicant's proposal to excavate and regrade an area located landward of the crest of the adjacent bluff and remove approximately 6,100 cy of sand. As part of my review of the Town's LWRP Consistency Form Section C, I offer the following comments regarding the Local Waterfront Revitalization Policies and this proposed project: Policy 1. I feel that this project is consistent with this project because the project will not result in a negative impact upon the desired development pattern of the Town of Southold nor shall it result in the loss of the community and landscape pattern of the Town of Southold. Policy 2. I feel that the project as proposed is consistent with this policy because it should not have any impacts upon the preservation and retention of historic resources, or any archeological resources nor the Coastal Culture of the Long Island Sound. Policy 3. I feel that this project is consistent with this policy since the project will not have an impact on any scenic resource of the Town of Southold. Policy 4. I feel that the project is consistent with this policy for a number of reasons. The proposed project has been based upon sound engineering practices and designed to the minimum scale necessary. The project shall have no adverse impacts upon adjacent properties or to natural coastal processes or natural resources. The project shall have no impact on any natural protective features nor shall it have any impacts upon public lands or Phone (631) 653-0607 · Fax (631) 653-3348 121 Jessup Ave ° 2nd Floor · P.O. Box 447 Quogue, New York 11959-0447 lands in public trust. Lastly, the project does not involve the management of a navigational infrastructure nor are public funds involved with the project. Policy 5. I feel that this policy is not applicable to this project Policy 6. I feel that the project is consistent with this policy. The project as proposed shall have no impact upon the ecological quality in the Town of Southold. There shall be no negative impacts upon the adjacent Block Island Sound by the destruction of habitat or significant impairment to the tolerance range of any species offish or wildlife and to not have any impact on existing wetlands. The project should have no impact whatsoever upon any vulnerable fish, wildlife, plant species or rare ecological communities. Policy 7. I do not feel that this policy is applicable to this project since the project does not involve any atmospheric deposition of pollutants. Policy 8. I do not feel that this policy is applicable to this project. Policy 9. I feel that this project is consistent with this policy. The proposed project shall have no impact upon adequate physical public access to coastal resources, shall not impact any public visual access to any lands or waters, involve the public interest in and use of lands and waters held in public trust or to public access of such areas. Policy 10. I feel that the project is consistent with this policy. The project shall have no impacts upon any existing water-dependent uses of the site nor is the project located on Mattituck Creek/Inlet, Mill Creek or within the Village of Greenport and does not involve water-dependent uses at those sites. Policy 11. I feel that the project is consistent with this policy. The project does not involve aquaculture or the removal of shellfish from uncertified waters of the Town of Southold nor shall it have a negative impact upon the long-term maintenance and health of living resources. Policy 12. I do not feel that this policy is applicable to the project because no agricultural lands are involved. Policy 13. I do not feel that this policy is applicable to this project. Town of Southold A. INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT FORM All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Wateffrom ConsiStency Review Law. This assessment is intended to supplement other information used by a Tow~ of Southold agency in making a determination of consistency. *Except minor exempt actions inc'lu.,ding Building Permits and other ministerial permits not located within the Coastal Erosion Hazard~,4rea; 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", then the proposed action may affect the achievement of the LWRP pohcy 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 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 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) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: . _ . Location ofaction:cr~b~4~,. ,r'-c~o~, r-,r~ _.~; tE',-.~l-,e,x -~'.alq,~_~ Site acreage: .~.~ ~ Present l~d use: ~~ ~ ~[~ ~r~ P~ent zo~g cl~sificafion: ~- I~ If ~ application for the proposed action ~ been fil~ Mth ~e To~ of Sou~old agency, ~e followMg ~fomfion shall ~ provide: (a) Nmeofappli~t: ~ ~-~~[<ff (b) M~l~g~&ess: ~.~ ~ ~k~ (c) Telephonenmber:~Code( ) ~3/~¢ ~ ~ (d) Application nmber, iffy:. ~ Will ~e action be dk~tly ~de~en, ~e ~d~g, or approval by ~ state o~ federal agency? Yes ~ No ~ If yes, which s~te or federal agency? ~x~,~ ~ 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 Atlach additional sheets if necessaw Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section Ill - 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 HI - 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 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 Ill - Policies; Pages 22 through 32 for evaluation criteria. ~-~ Yes ~-~ No [-~ Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air q~!ily 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 haTardous 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 HI - Policies; Pages 38 through 46 for evaluation eJ--]~ 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 S~yble locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. es ~-~ No [] Not Applicable- Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic E~ary and Town waters. See.LWRP Section IH - Policies; Pages 57 through 62 for evaluation criteria. ~ Yes ~] No [] Not Apphcable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. Sec LWRP Section III - Policies; Pages 62 through 65 for eval~ion 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 II1 - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [-~ No ~/Not Applicable Created on 5/25/05 11:20 AM ~ ~ O0 0,00 40.00 80.00 120.00 tSO.O0 200.00 240.00 6. O0 0.00 40.00 80.00 120.00 160.00 ~ x LOC~IION MAP , SC LE 1"=400' MILLER ~(__ ~/_/_f ~/ j ~ ~~6~~' / .// ° ~ I / I --~/ ~ -- ~ -- · SURVEYOR'S 37.0C ~ ~ /~ ~ ~/°~/~ OLK TAX MAP 1000, ::::: "'--. X :::::::::::::::::::::: DA TUM o ERDUP ~ EL~F~ EL~ATIoNFIRST ~OOR DATE: 05/12/2006 suer ~ ~,~,.~ ~ STONE W~L ~O ~ O ~ SHEET E~IRON~E~AL / -~ EXIS~NG TREELINE FILE 35084 ] m m