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HomeMy WebLinkAbout1000-15.-3-11.1 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 MEMBERS JERILYN B. WOODHOUSE Chair PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town of South old Board of Trustees From: Mark Terry, Senior Environmental Planner L WRP Coordinator Date: August 19,2005 Re: Proposed Permit for Don Iodanza to Construct a Bluff Stairway adjacent to Long Island Sound SCTM#1000-15-3-11.1 This proposal is to replace a stairway to access the Long Island Sound beach. The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of South old Town Code and the Local Waterfront Revitalization Program (L WRP) Policy Standards. Based upon the information provided on the L WRP 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 following Policy Standards and therefore is CONSISTENT with the L WRP provided that the Board require any necessary amendments to the application and implement appropriate best management practices to further the below listed Policy Standards. Recommended Best Management Practices include: 1. To further the intent of L WRP Policies 5, 6, and 8; protect water quality and the health of the users of the structure; require that no CCA treated wood, oil based preservatives contain in!! creosote (CRT) or pentachlorophenol (PCP), applied to the surface of wood materials shall be permitted in the construction materials of the structure. The applicant shall use a decav resistant alternative. 2. ReQuire the submittal of a narrative of proposed construction methods indicatin!! how the applicant will insure minimal disturbance to the surroundin!! existin!! ve!!etation. 3. Determine the fate of the abandoned stairway. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Policy 5 Protect and improve water quality and supply in the Town of Southold. Policy Standards B. Prevent point source discharges into Southo/d's coastal waters and manage or avoid land and water uses that would: 2. cause or contribute to contravention of water quality classification and use standards, or 3. adversely affect receiving water quality, or 4. be contrary to Phase III of the Long Island Sound Study's Nitrogen Reduction Plan which calls for a 58.5% Sound-wide reduction in nitrogen levels. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. Policy Standards 6.1 Protect and restore ecological quality throughout the Town of Southold. A. Avoid adverse changes to the Long Island Sound and the Peconic Bay ecosystems that would result from impairment of ecological quality as indicated by: I. Physical loss of ecological components Physical loss is often the most obvious natural resource impairment to identify. It usually results from discrete actions, such as fillihg or excavating a wetland or clearing an upland forest community prior to development. 2. Degradation of ecological components Degradation occurs as an adverse change in ecological quality, either as a direct loss originating within the resource area or as an indirect loss originating from nearby activities. Degradation usually occurs over a more extended period of time than physical loss and may be indicated by increased siltation, changes in community composition, or evidence of pollution. 3. Functional loss of ecological components Functional loss can be indicated by a decrease in abundance of fish or wildlife, often resulting from a behavioral or physiological avoidance response. Behavioral avoidance can be due to disruptive uses that do not necessarily result in physical changes, but may be related to introduction of recreational activities or predators. Timing of activities can often be critical in determining whether a functional loss is likely to occur. Functional loss can also be manifested in physical terms, such as changes in hydrology. B. Protect and restore ecological quality by adhering to the following measures. 1. Maintain values associated with natural ecological communities. Each natural ecological community has associated values which contribute to the ecological quality of the Town of Southold. These values should be assessed on a case-by-case basis. 2. Retain and add indigenous plants to maintain and restore values of natural ecological connnunities. a. Protect existing indigenous plants from loss or disturbance to the extent practical. b. Include use of suitable indigenous plants in the landscaping plans for new development and in redevelopment projects where loss or disturbance of existing indigenous plants could not be prevented during construction. 3. Avoid fragmentation of ecological communities and maintain corridors to facilitate the free exchange of biological resources within and among communities. a. Each individual resource area should be maintained as a complete contiguous areas to protect the area's natural resource values. Specifically, actions that would fragment the ecological community into separate ecological islands should be avoided. b. Where fragmentation of ecological communities has already occurred, the adverse effects of fragmentation can be mitigated by maintaining or providing connecting corridors to allow exchange of biological resources. 4. Maintain ecological integrity of particular locales by maintaining structural and functional attributes, including normal variability, to provide for self-sustaining systems. 5. Avoid permanent adverse change to ecological processes. C. Reduce adverse impacts on ecological quality due to development. 2. Mitigate impacts of new development. Definitions Habitat destruction is defined as the loss of fish or wildlife use through direct physical alteration, disturbance, or pollution of a designated area or through the indirect effects of these actions on a designated area. Habitat destruction may be indicated by changes in vegetation, substrate, or hydrology, or by increases in runoff, erosion, sedimentation or pollutants. Significant impairment is defined as reduction in vital resources (e.g., food, shelter, living space) or change in environmental conditions (e.g., temperature, substrate, salinity) beyond the tolerance range of important species of fish or wildlife that rely on the habitat values found within the designated area. Indicators of a significantly impaired habitat focus on ecological alterations and may include, but are not limited to, reduced carrying capacity, changes in community structure (e.g. food chain relationships, species diversity, etc), reduced productivity and/or increased incidence of disease and mortality. The range of parameters that should be considered in applying the habitat impairment test include, but are not limited to, the following: I. physical parameters, such as living space, circulation, flushing rates, tidal amplitude, turbidity, water temperature, depth (including loss of littoral zone), morphology, substrate type, vegetation, structure, erosion and sedimentation rates 2. biological parameters, such as community structure, food chain relationships, species diversity, predator/prey relationships, population size, mortality rates, reproductive rates, meristic features, behavioral patterns and migratory patterns, and 3. chemical parameters, such as dissolved oxygen, carbon dioxide, acidity, dissolved solids, nutrients, organics, salinity, and pollutants (heavy metals, toxics and hazardous materials) 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction I. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. B. Comply with statutory and regulatory requirements of the State's wetland laws. I. Comply with regulatory requirements of the Stream Protection Act for the excavation or placement of fill in all wetlands that are adjacent to and contiguous at any point to any of the navigable waters of the state, and that are inundated at mean high water level or tide. 2. Comply with the regulatory requirements of the Freshwater Wetlands Act for the protection of mapped freshwater wetlands. 3. Comply with the regulatory requirements of the Tidal Wetlands Act for the protection of mapped tidal wetlands including coastal fresh marsh; intertidal marsh; coastal shoals, bars and flats; high marsh or salt meadow; littoral zones; and formerly connected tidal wetlands. C. Prevent the net loss of vegetated wetlands according to the following measures. Use the measure resulting in the least environmentally damaging practicable alternative. \. Avoid placement offill in or excavation of vegetated wetlands: a. Choose alternative sites which would not result in adverse impacts on wetlands. b. Reduce scale or intensity of development to avoid excavation or fill. c. Choose design alternatives which would avoid excavation or fill. 2. Minimize adverse impacts resulting from unavoidable fill, excavation, or other activities by: a. reducing scale or intensity of use in order to limit incursion into wetland areas b. designing projects to result in the least degree of adverse wetland impacts 3. Provide compensatory mitigation for adverse impacts which may result from unavoidable fill, excavation or other activities remaining after all appropriate and practicable minimization has been accomplished. a. Restore former wetlands or create new tidal wetlands according to the following priorities: (i) restore former wetlands or create new tidal wetlands in areas adjacent or contiguous to the site (ii) where restoration of former wetlands in areas adj acent or contiguous to the site is not appropriate or practicable, restore former wetlands in close physical proximity and in the same watershed, to the extent possible (iii) where restoration of former tidal wetlands is not appropriate or practicable, create new tidal wetlands in suitable locations as determined by sediment, exposure, shoreline characteristics, and water regime; include consideration of loss of resource values which may exist at the mitigation site b. Creation of new non-tidal freshwater wetlands is generally not suitable for compensatory mitigation for loss of natural wetland. c. Where wetlands are restored or tidal wetlands created: (i) Provide equivalent or greater area of mitigation wetland. Base the actual area of wetland provided on the following factors: characteristics of the mitigation site, proposed wetland creation or restoration methods and designs, and quality of the wetland restored or created relative to the wetland lost. (ii) Provide equivalent or greater value or benefit to that of the wetland area lost, as defined by class of freshwater wetland, as ranked in 6 NYCRR Part 664 or, tidal wetland zones, as described in 6 NYCRR Part 661. (iii) A lesser area of mitigation wetland may be allowed in cases where the mitigation wetland and its benefits would clearly be a greater value than the wetland lost. (iv) Guarantee success of the compensatory mitigation. Wetland mitigation is considered successful if functional attributes of the wetland have been reached and maintained, including a plant density which approaches the design density. (a) Carry out mitigation in accord with a compensatory plan which details wetland creation or restoration measures. Base compensatory plans on establishment of a natural, self-regulating wetland. (b) Monitor and report on progress of the wetland mitigation according to a prescribed plan. ( c) Provide a suitable performance bond or other surety instrument guaranteed to an appropriate agency or organization to assure successful completion of the mitigation. d. When a series of small, unavoidable wetland losses requires mitigation, combine mitigation projects to create larger contiguous wetland areas whenever the resulting ecological value would be greater than that achieved through pursuing discrete, separate efforts. e. Protect wetland functions and associated benefits regardless of the availability of compensatory mitigation. (i) Do not fill, excavate, or dredge vegetated wetland areas which: (a) support endangered or threatened species of plants or animals (b) have not been subjected to significant impairment, or (c) are part of a natural resource management area, including refuges, sanctuaries, reserves, or areas designated as Significant Coastal Fish and Wildlife Habitats, based on wetland values. (ii) Do not fill, excavate, or dredge vegetated wetland areas when the wetland loss would result in significant impairment of the remaining wetland area. (iii) Retain functions and benefits associated with vegetated and non-vegetated wetlands. 6.4 Protect vulnerable fish, wildlife, and plant species, and rare ecological communities. A. Protect vulnerable fish and wildlife species. I. Vulnerable fish and wildlife species are those listed in regulation 6 NYCRR Part 182.5 as Endangered Species, Threatened Species, and Special Concern Species. 2. Review existing species records and field survey proposed development sites, at the appropriate times, for the presence of listed species or conditions that meet their habitat requirements. 3. Protect habitat of listed species identified through field surveys or other methods during all stages of their life cycles. B. Protect vulnerable plant species. I. Vulnerable species are those listed in regulation 6 NYCRR Part 193.3 as Endangered Species, Threatened Species, Exploitable Vulnerable Species, and Rare Species. 2. Review existing species records and field survey proposed development sites, at the appropriate times, for the presence of listed species or conditions that meet their habitat requirements. 3. Protect habitat identified by the occurrence of a listed species during all stages of their life cycles. C. Protect rare ecological communities. I. Rare ecological communities to be protected include: a. communities that qualify for a Heritage State Rank of81 or 82; and b. communities that qualify for both a Heritage State Rank of 83, 84 or 85; and an Element Occurrence Rank of A. (See The Natural Coast for an explanation of Heritage State Ranks). 2. Review existing ecological community records and field survey sites potentially affected by proposed development for the presence ofrare ecological communities. 3. Protect rare ecological communities. Use appropriate design and development of land and water uses that will integrate or be compatible with the identified ecological community. 4. Use the most up-to-date information available on the structure and the function of rare ecological communities as a factor in determining open space requirements of a project. Policy 8 Minimize environmental degradation in Town of South old from solid waste and hazardous substances and wastes. Policv Standards 8.3 Protect the environment from degradation due to toxic pollutants and substances hazardous to the environment and public health. A. Prevent release of toxic pollutants or substances hazardous to the environment that would have a deleterious effect on fish and wildlife resources. E. Take appropriate action to correct all unregulated releases of substances hazardous to the environment. 8.4 Prevent and remediate discharge of petroleum products. 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 South old. Policv Standards 9.1 Promote appropriate and adequate physical public access and recreation to coastal resources. A. Provide a level of public access and type of recreational use which takes into account the following factors: 1. proximity to population centers,. 2. public demand for access and recreational use, 3. type and sensitivity of natural resources affected, 4. purpose of public institutions which may exist on the site, 5. accessibility to the public access site or facility, 6. the needs of special groups such as the elderly and persons with disabilities, 7. the potential for adverse impacts on adjacent land uses, 8. the potential for adverse impacts on the transportation network. F. Include physical public access to, and/or water-related recreation facilities on, coastal lands and waters whenever development or activities are likely to affect the public's use and enjoyment of public coastal lands and waters. Provide incentives to private development projects which provide public access and/or water-related recreation facilities. G. Restrict public access and recreation only where incompatible with public safety, and the protection of natural resources. 9.2 Protect and provide public visual access to coastal lands and waters from public sites and transportation routes where physically practical. A. Avoid loss of existing visual access. 1. Limit physical blockage of existing visual access by development or activities due to the scale, design, location, or type structures. 2. Protect view corridors provided by streets and other public areas leading to the coast. 3. Protect visual access to open space areas associated with natural resources. B. Minimize adverse impact on visual access. 1. Provide for view corridors to the coast in those locations where new structures would block views of the coast from inland public vantage points. 2. Use structural design and building siting techniques to preserve or retain visual access and minimize obstruction of views. C. Mitigate for loss of visual access. 1. Provide public visual access from vantage points on the site where development of the site blocks visual access from inland public vantage points. 2. Provide for additional and comparable visual access at nearby locations if physical access cannot be provided on-site. 9.5 Provide access and recreation that is compatible with natural resource values. A. Provide appropriate access and associated recreational activity that will avoid potential adverse impacts on natural resources. Use the following factors in determining the potential for adverse environmental effects: 1. intensity of the associated recreational, scientific, or educational activity, 2. level of likely disturbance associated with the proposed activity. The following types of access or associated activities are listed in decreasing order of potential for disturbance: a. motorized activities, b. active, non-motorized activities, including water-depenaent and water-related uses, c. passive activities, d. avoidance of the area. 3. Sensitivity of the natural resources involved and the extent of the ecological benefits associated with avoidance of the area. D. Provide access using methods and structures that maintain and protect open space areas associated with natural resources. Determine the extent of visual and physical impairment by structures extending through these open space areas based on: 1. the value of the open space as indicated by un-fragmented size or mass of the wetland or other natural resources, distance to navigable water, and wetland value. 2. the size, length, and design of proposed structures. WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON MAIUNG ADDRESS: P.O. Box II 79 Southold, NY II97I PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair OFFICE WCATION: Town HaIl 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 SOUTH OLD To: Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner L WRP Coordinator Date: July 27,2005 Re: Request for Permit for Donald Iadanza SCTM#1000-15-3-11.1 The L WRP Coastal Consistency Review Form submitted to this department on (no date) is incomplete for the following reasons: 1. The description of the action is incorrect and incomplete. 1. The answers to all of the policy questions is "not applicable"; which is incorrect. Please return the form to the applicant for revision. Cc: Kieran Corcoran, Assistant Town Attorney Heather Tetrault, Environmental Analyst " --- J ado l\2a .r , .1t. .. 'Town Of South old LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAP for proposed actions that are subject to the Town of South old Water 'nt Consistency Review Law. This assessment is intended to supplement other information us by a Town of Southold agency in . making a determination of consistency. * Except minor ex pt actions including Building Permits and other ministerial permits not located within the Coast Erosion Hazard Area. 2. Before answering the questions in Section C, the B eparer of this form should review the exempt minor action list, policies and explanations of eac policy contained in the Town of Southold Local Waterfront Revitalization Program. A propo d action will be evaluated as to its significant beneficial and adverse effects upon the coastal ea (which includes all of South old Town). 3. If any question in Section C on this form i answered "yes", then the proposed action may affect the achievement of the L WRP policy standar s and conditions contained in the consistency review law. Thus, the action should be analyzed i more detail and, if necessary, modified prior to making a determination that it is consistent t the maximum extent practicable with the LWRP policy standards and conditions. If an ac 'on cmmot be certified as consistent with the LWRP policy standards and conditions, it shall no e undertaken. B. A copy of the LWRP is availabl in the following places: online at thc Town of.So~old's~ebsite (southoldtown.northfork.net), t e Board of Tmstees Office, the Planning Dep~~~~l libraries and the Town Clerk's ffice. 'lro ~t ~"" ~ ,~;),. ~ DESCRIPTION OF SITE AND P. OPOSED ACTION -7 S'l"~ yV ...\""'" J SCTM# /5 3 . Uu\~'" ~""\"^ 'lr') 1~ (check appropriate response): Building Dept. D Board of Trustees ~ The Applicatioll has beeu submitted Town Board D Planning Dep 1. CategOlY of Town of South d agency action (check appropriate response): (a) Action uJ)dertaken irectly by Town agency (e.g. capital construction, pial ng activity, agency regulation, land transaction) D D (b) Fimll1cial assistm e (e.g. grmlt~ loml, subsidy) (c) Pennit, approva , license, certification: 2! Nature and extent of action: ,?u,lf f!.:C 5mJIl5 TtI 7g//'cl! - ,~ \ Location of action: ?55 S'daoDU/(;.) eD. t7 ~ eNT , Site acreage: Present land use: ;Pg/740,u;4L Present zoning classification: 2. Ifan application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: PO/Jfl.C.b :/AUIUv4 y;Z.Z e'c;/J,{Nsl (pc,(t7T AVe (a) Name of applicant: (b) Mailing address: ::7S J-" 0 /E.E/C4 d-13' " T MY //752 ) (b31) :z.:zy -3i;2.t (c) Telephone number: Area Code ( (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes D N~ If yes, which state or federal agency? DEVELOPED COAST,POLICY Policy 1. Foster a pattcrn of developl~ent in the Town of Southold that enhances community character, preserves open space; makes efficient USe of infrastl'ucture" makes beneficial use of a coastal location, and minimizes adverse effects' of development. See LWRP Section III - Policies; Page 2 for evaluation criteria, DYes D Ne5~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 DYes 0 No ~otAPPlicable , . Attacll additio~al sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See iLWRP Section 111- Policies Pages 6 through 7 for evaluation criteria DYes D No ~NotAPPlicable 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 III - Policies Pages 8 through 16 for evaluation criteria DYes 0 Nol8! Not Appiicable Attach additional sheets ifnecessary Policy 5. Protect and improve water quality and supply in the Town of South old. See L WRP Section III -Policies Pages 16 through 21 for evaluation criteria DYes 0 No -g(Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of South old ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. o Yes DNO~NotAPPlicable ., " , Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III _ Policies Pages 32 through 34 for evaluation criteria. o Yes DN~NotAPPlicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of South old from solid waste and hazardous substances and~. See L WRP Section III - Policies; Pages 34 through 38 for evaluation criteria. DYes 0 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 tb.e Town of South old. See L WRP Section III - Policies; Pages 38 through 46 for evaluation criteria. o YeSDN~otAPPlicable 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 L WRP Section III - Policies; Pages 47 through 56 for evaluation criteria. DYes D No~otAPPlicable 'j . , . , I Attach additional sneets if necessary Policy 11. Pnmote 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 0 N~ot Applicable / Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Sonthold. See L WRP Section III - Policies; Pages 62 through 65 for evaluation criteria. DYes D NoWot Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use aud development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. DYes D N*ot Applicable Created on 5/25/05 11:20 AM ...'-, . " r-, SECTI N NO SCALE / .tj "" /0 IT5)llE'~ ~ ~ ~ ~ Jm lf1l1 JUN 2 1 1001 ~ Southo!d Town Board of Trustees " TOP OF BWr-F /' \ Pi~)P F\LL ~ 3S Gi CLEAN SAND FROM UPLAND . SOURCE TOE CF BLUFF i I ~ Applicant proposes to construct~130' Of timoer bulkhead, to structure with ~35 C.y. of clean sand from an upland source structure witb 9xisting boulders. 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