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HomeMy WebLinkAbout1000-50.-2-13 KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAIUNG ADDRESS: P.O. Box 1179 Southold, NY 11971 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair OFFICE WCATION: 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: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner L WRP Coordinator Date: October 13, 2006 Re: Request for Wetland Permit & Coastal Erosion Permit for EVE MACSWEENEY SCTM#50-2-13 Twomey, Latham, Shea, Kelley, Dubin, Reale & Quartararo, LLP on behalf of EVE MAC SWEENEY requests a Wetland Pennit & Coastal Erosion Permit to re-vegetate the top of the bluff. Located: 1250 Soundview Ave., Southald. SCTM#50-2-13 The maintenance of existing landscaping or natural growth, is an exempt Minor Action and not subject to LWRP review pursuant to Chapter 268-3; Item E of the Town of South old Town Code. Cc Shawn Kiernan, New York Department of State . T Own of Southold c"~..,,. ..." .:'^ .~..~ ':' :' .":.'.::::::-~~ """.".~"'. '."f~~"""M""-"~""'\.'''''''.''''''H ",._~"""" "',~ LWRP CONSISTENCY ASSESSMENT F~RM -..---.....-l .' \ , ' A. INSTRUCTIONS I. All applicants for permits' including Town of Southold agencies, shall complete tlus CCAr .for proposed actions that are subject to the Town of Southold Waterfront Consistency Review La\v,. 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 "inclllding BlIildi)jft''1''~fm7ts and other ministerial permits not located lvithin 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 South old Town). ' 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the L WRP 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 L WRP policy standards and conditions, it shall not be undertaken. A copy of the L WRP is available in the following places: online at thc 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# 50 2 13 PROJECT NAME Eve MacSweeney The Application has been submitted to (check appropriate response): Town Board 0 Planning Board 0 Building Dept. 0 Board of Trustees [i] I. 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) o o (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: [] Nature and extent of action: Revegetate area at top of bluff towards existing house with Northern Bayberry (Myrica pensylvanica), Beach Rose (Rosa rugosa), and Montauk Daisy. Existing vegetation will be protected and thereby further protect the natural features of the bluff per the annexed survey prepared by Stanley J. Isaksen, Jr. Location of action: 1250 Soundview Avenue, Southold, New York Site acreage: 70,459 sq. ft. or 1.617 acres Present land use: Residential single family waterfront Present zoning classification: Residential single family waterfront 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: n/a (b) Mailing address: (c) Telephone number: Area Code ( ) (d) Application number, ifany: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes D NoD If yes, which state or federal agency? 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 SEE SCHEDULE "B- ANNEXED HERETO FOR RESPONSES Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructurc, makes beneficial use of a coastal location, and minimizes adverse effects of development. See L WRP Section III - Policics; Page 2 for evaluation criteria. DYes D No D 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 cvaluation criteria DYes D No D Not Applicablc Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. Scc L WRP Section III - Policies Pages 6 through 7 for evaluation criteria DYes 0 No 0 Not Applicable Attach additional sheets if necessary NATURAL COAST I>OUClES I>olicy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP Section III - I>olicies Pages 8 through 16 for evaluation criteria DYes D No 0 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 DYes D No DNot Applicable Attach additional sheets if necessary Policy 6. Protect and restorc the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See L WRI> Section 111 - Policies; Pages 22 through 32 for evaluation criteria. D o D \' cs No Not Applicablc Anach additional sheets if necessary Policy 7. Protect and improve air quality IU the Town of South old. See L WRP Section III - Policies Pages 32 through 34 for evaluation criteria. DYes 0 No D 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 L WRP Section III - Policies; Pages 34 through 38 for evaluation criteria. DYes 0 No 0 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 L WRP Section III - Policies; Pages 38 through 46 for evaluation criteria. DYeD No D 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 III - Policies; Pages 47 through 56 for evaluation criteria. DYes D No D 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. DYes D No D 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. DYes D NoD Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See L WRP Section III - Policies; Pages 65 through 68 for evaluation criteria. DYes 0 No 0 Not Applicable PREPARED BY Kathryn Dalli TITLE -f}-I/P/J1 Ql DATE ~dc& Re- Vegetation SCHEDULE "B" 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 infrastructures, makes beneficial use of a coastal location, and minimizes adverse effects of development. Yes. Project consists of revegetating a portion of the premises at the top of the bluff towards existing house with Northern Bayberry ( Myrica pensylvanica), Beach Rose (Rosa rugosa), and Montauk Daisy in addition to existing vegetation which will further protect the natural features of the bluff. Revegetation will follow natural contours of existing bluff and landward to existing residence. All planting will be performed by hand, using local species native to the area. There is no excavation for the plantings for the removal of soil/fill at the site. The project will not in any way change the character of the neighborhood or affect any historic or cultural center. The project will have no impact on the economic base of the community. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. Yes. There are no known historic or archeological conditions on the subject site. Proposed project is for revegetating a portion of the site at the top of the bluff landward towards the existing house. Species to be planted include Northern Bayberry and Beach Rose, local species to the area. The proposed revegetation will not affect any historic or significant archeological sites in close proximity to the subject site as a result of the proposed revegetation. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. Yes. The proposed revegetation will not include any excavation of any materials from the land and applicant proposes to revegetate by hand. All soil/fill will remain at the site with no change in grade or slope of existing contours of subject site. The revegetation will improve the quality of scenic vegetation to the public, while preserving the existing vegetation, and fortifying the existing bluff which will contribute to the scenic quality of the landscape. There will be no removal of any existing vegetation at the site. Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. Yes. There will be no hard erosion control structures constructed at the premises. Applicant wishes to establish new vegetation along the bluff and landward towards the existing residence. Applicant will use vegetative non-structural measures to increase the protective quality of the existing natural features. There will be no clearing of existing vegetation and with the proposed new vegetation, will strengthen the natural protective qualities of the bluff. Policy S. Protect and improve water quality and supply in the Town of Southold. Yes. Project will maintain existing vegetation and will establish new vegetation along the top of the bluff, thereby providing soil stabilization. Proposed location of area to be revegetated will follow natural contours of bluff, thereby maintaining natural surface water flow characteristics presently at the site. Water quality will be protected from any adverse impacts inasmuch as no excavation is contemplated and there will be no fill placed or removed from the site. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. Yes. There is no proposed excavation at the site or the introduction of fill. Applicant proposes to revegetate an area at the top of the bluff approximately 15' towards existing house. All existing fill and vegetation to remain on site in its present location. Any disturbance to existing vegetation will be restored. There will be no anticipated subsurface water flow change at the site, thereby avoiding any adverse effects a change of water flow may have on existing wildlife habitats. Policy 7. Protect and improve air quality in the Town of Southold. Yes. The proposed revegetation will not in anyway generate air pollution at the subject site, nor will any sources of air pollution be introduced. No outdoor contaminants will be produced as a result of the construction of the stairway. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes, Yes. No sources of contamination will be introduced during the revegetation phase, thereby protecting the coastal resources. No hazardous waste or landfill will be placed at the site. Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. Yes. Physical blockage due to proposed revegetation of existing visual access will be limited and visual access will be protected from the Long Island Sound. Vegetation design will have minimal impact on obstruction of public views. Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. Yes. No additional water-enhanced uses are proposed. Proposed revegetation will not have an adverse impact on community character, nor interfere with the transportation network of surrounding land and water resources. Policy 1 L Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. Yes. Proposed revegetation will have no impact on marine habitats or populations. There will be no impact on the existing commercial fishing infrastructure. Policy 12. Proteet agricultural lands in the Town of Southold. Not applicable. Property is zoned residential single family waterfront zoning. No proposed change of use for subject premises. Policy 13. Promote appropriate use and development of energy and mineral resources. Yes. Project will not result in any energy usage, thereby promoting conservation of energy. No storage of fuel is proposed at the site, nor mining of minerals. GUARANTEESINDIGATEDIIEREONSHALLRU/I ONL Y TO mE PERSON FOR WHOM mE SURVf;Y ISPREPAAED,A/lDONHISSEHAJ.FTOTHE nnECOJ./p),Ny,GQVf;RII/oIE/lTALAGENCY, LENDlNGINSTrTl/TION,IFLISTEDHEREON,AND TO THE ASSIGNEES OF THE LENDING INST/1UnON. GUARANTEESAAE/IOTTRANSFERABLETO ADDlnONAl. INSTmJnONS OR SUBSEQUE/lT OWNERS UNAI./THORIZEDALTERATIONORADDITIONTOTHIS SURvEYISAVIOLATIONOFSECTION12OlJOF TJ.;ENEWYORKSTATEED(lCATIONLAW COPIESOFTHISSURVEY/MPNOTBEARING THELANDSURVf;YORSEMSOSSEDSfALSHALL /IOT8ECONSlDEREDT08EAVAUDTRUE =, TUft lGCO-D50-C2-C1J Cc.-'~,"Ai',JT[t:D TO C:\ E ~jc5\VE[N[Y CCiAMOMVEAUH LAND TITLE iNS CO LONG ISLAND SOUND 770.99' JY BOTTOM ------- ~----.. ----.. FENCE CORNER o '0 0,' cy i I 1 l______n <;'//"':;---~~';-"'7' ....~~,pt' f-~ ........ ,c/' ~\ Nl1 ,"-J .r \ pOLr W/~"~" ~ ~ \:::) a g 1; tI/l:. ~ 0 '.0 :, '> .i .0 N/F OULTON, LEG HART V) on ~ ~ " o 0" QU o ~ ELEVATIONS SHOWN HEREQ,'.J ARE ~ IN 1929 NG'iO ~ ,~ ~, o 2?, fj:.,. ~"., ~ ~ SURVEYED ]] JUNE 2005 SCALE 1 _ 40' AREA 70,459 SY OR 1,617 ACRES SURVEY OF DESCRIBED PROPERTY SITUATE SOUTHOLD, TOWN OF SOUTHOLD SUFFOLK COUNTY, N,Y. SURVEYED BY STANLEY J ISAKSEN, .m PO 80 294 ~~~_~U~~~~~~S6 ~ND ~~YOR No. 492,] 05R1416 SURVEYED FOR: EVE McSWEENEY 15AI.!GI.!ST06 SHOW(X'SDNGORlV(WAYTHISOATE,IOO'OfFSrrUNEFROMBLUff . . LONe 'o~ 74"2 ' IS! AN "ARENT 054- ''t: -'.t; D /-.itC/.i SOUND wem wi c Me <;Va5~ NOTe; DJK'~ STcu:." (o,.,STlJC.TIDn cUI d~TJ(l<'ci shed I be PU'1i\l'1'tt) ANeR.,c6Yl eeu~h 2' 0 C. 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TO Be f.lAnTw; Appro]C 32Ws9Ft, ~' ~ \:::) t 'i/F OUl TON, LEGHART ke.\f eg e.T OT/()(l PLcm 1206 "OJnJvew o..~\X:. bet, Swn-cw J WY WI 71 tVE M pcSlDeerey (p 1" ,,'0 Gx, , t>,D ~",,,, ~fNDFfNC[ .')'Q\f<J t>,'O ~o _\ ,,-(,./ '~0. Jl ' Oc-", '~ CONe "'" V; GVA<!ANTEES INDICA TW HERE DNSHAU RUN ONIYTO THEPfRSON.OR "'1<OMfHESi.)RL/EY I$PREPARED,ANOONHISBEHAU TO THE nnECOMPANY,GOl!ERNMfNTAlAGfNCY, lENDING lI;smVTION ~ USrEDHEREON AND TO 1'HE,A,SSIGNEESof T>lClENOINGINSrmJrtC/N, GUARJlNTEESMfNOTT1IAI;5FERA8.ETD AOOtrli>>IAllNsrm.mONS OR 5UBSEOUENTOWNERS. ,~'---'-~-'-'---, \' ! fLEVATIONS. SHOWN ,<[RUIN .4R[ I ,:.' i IN 1929 NGvD, --"'- SURVEY OF DESCRIBED PROPERTY ..;-7b ""19-1 ~ c~ SURVEYED ] I JUNE 2005 SCALe 1 10' CO",ESOFrNISSURVn--."'PNor8EARING TioIELAND5URL/EYDRSEM80$SEDSl:ALSHAH NOT8ECONSI{)EREDT08EAVAUDTRUE ,~, M([A 70.459 SF" OR 1,617 ACR[S C/J 1';-1 SURVEYED fORI EVE McSWEENEY ISi;I<SEt~, JR - " ~ SITUATE SOUTHOlD, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. , ~-;56 '.. :t."~ ; -'1,'),- ,",V[4~T~ l.;r.![) TiTL[ INS CO I, '5 Aucusr ()6 SHOW Exr51JNG DRN(I'IM THIS DAT[ lOO' orrsn LlN, rRO" HLU'F : 4,1 L'