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HomeMy WebLinkAbout1000-59.-1-21.1 WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 i V . PL-lNNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair 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 South old Board of Trustees From: Mark Terry, Senior Environmental Planner L WRP Coordinator Date: November 14,2005 Re: Request for Wetland Permit for Julie Tsai SCTM#1000-59-1-21.1 JULIE TSAI requests a Wetland Permit to construct a single-family dwelling and driveway. Located: 310 Lake Dr., Southold. SCTM# 1000-59-1-21.1 The proposed structure is located in "Flood Zone AE Zone Elevation II". The proposed structure is landward of the Costal Erosion Hazard Line. Public water supply is proposed. 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 (LWRP) Policy Standards. It is my determination that the L WRP Consistency Assessment Form submitted to your department dated 9/15/05, is incomplete. A recommendation cannot be given to the Board at this time. Please have the applicant assess if the proposed action will or will not support the L WRP policies and resubmit the form to your department. The most applicable policies are listed below. Note that the property is included within an area identified as geologically and ecologically significant that occurs from the Great Pond Wetland to Goldsmith Inlet in the Town of South old. Vegetative communities in the area, including the parcel; consists of maritime dune, maritime interdunal swale, and shrub swamp. The York State Natural Heritage Program classifies the maritime dune community as "G4-S3". The "G" designates the Global rank and the "s" the state rank. Globally, the maritime dune community is considered to be "apparently secure globally, though it may be quite rare in parts of its range, especially in the periphery (Edinger et aI., 2002). The "S3" rank indicates that the maritime dunes are considered rare in New York with limited range. Similarly, the maritime interdunal swale community is classified as "G3-G4-S2" which designates the community as more rare than the maritime dune community. Note, that the rank ofS2 is the highest rank ofraritv in New York State (Lamont, 2004). The site is expected to contain protected species associated with these community types. In 2004 the New York Natural Heritage Program further identified these maritime interdunal swale and maritime dune communities as sIlmificant natural communities from a statewide perspective. Additionally, the report acknowledges that the dune/swale complexes are extremely rare on the north shore of Long Island and states that "anv development within the maritimes dunes would likelv rednce the landscape rankinl! factor for the maritime interdunal swale, reduce the overall Quality of occurrence, and threaten its lonl! term viability"(Edinl!er, 2004). The site is also geologically unique lacking the significant bluff systems that dominant the north shoreline of the Town of Southold. Conversely, the area is comprised of a low primary dune system, interdunal swale and secondary dune systems, a rare geologic community. The area with the proposed site included, contains the largest representation of these above rare community types in the Town of South old. The ecological significance of this site has qualified it as a listed priority parcel for acquisition within the Town of Southold. As indicated above, the proposed action shall be evaluated as to whether the action will or will not support the L WRP policies. In addition, please have the applicant further identify any proposed best management practices that would further support the below policies, for example, the installation of gutters, leaders, dry-wells, pervious driveway; non-disturbed, non-fertilized buffers, clearing limits etc... The most applicable policies include: Policy Standard 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. a. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. S. Manage development in floodplains outside of coastal hazard areas so as to reduce adverse environmental effects, minimize the need for future structural flood protection measures, or expansion of existing protection measures and to meet federal flood insurance program standards. Policy Standard SA Limit the potential for adverse impacts of watershed development on water quality and quantity. A. Protect water quality by ensuring that proposed expansion or intensification of existing watershed development results in: I. protection of areas that provide important water quality benefits 2. maintenance of natural characteristics of drainage systems, and 3. protection of areas that are particularly susceptible to erosion and sediment loss B. Limit the individual impacts associated with development to prevent cumulative water quality impacts which would lead to a failure to meet water quality standards. Not all homes in the area are serviced by public water. Therefore, please address the following policy standard. Policy Standard 5.5 Protect and conserve the quality and quantity of potable water. A. Prevent contamination of potable waters by limiting discharges of pollutants to maintain water quality according to water quality classification, and limiting, discouraging or prohibiting land use practices that are likely to contribute to contravention of surface and groundwater quality classifications for potable water supplies. B. Prevent depletion of existing potable water supplies by limiting saltwater intrusion in aquifers and estuaries, through conservation methods or restrictions on water supply use and withdrawals, and by allowing for recharge of potable aquifers. C. Limit cumulative impact of development on groundwater recharge areas to ensure replenishment of potable groundwater supplies. 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 South old. 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 filling 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. I. 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 communities. 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. 1. Reduce adverse effects of existing development. 2. Mitigate impacts of new development. Policy Standard 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 1. 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. 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. I. Avoid placement of fill 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 adjacent 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. D. Provide adequate buffers between wetlands and adj acent or nearby uses and activities in order to ensure protection of the wetland's character, quality, values, and functions. The adequacy ofthe buffer depends on the following factors: 1. Potential for adverse effects associated with the use. Uses such as those involving hazardous materials, on-site sewage disposal, or mineral , extraction have high potential for adverse effects and may reqUIre substantial buffer. 2. The nature and importance of the wetland and its benefits. Substantial buffers may be necessary to avoid adverse effects from adjacent or nearby uses based on the nature of the land use and the characteristics of the affected wetland. 3. Direction and flow of surface water between a use and adjacent or nearby wetland. Buffer widths may be reduced in areas where drainage patterns normally do not lead directly to the wetland and where adverse affects on the wetland, other than those due to runoff, are not likely. 4. Buffer width necessary to achieve a high particulate filtration efficiency of surface runoff as determined by vegetative cover type, soil characteristics, and slope ofland. 5. Other management measures or design alternatives to protect wetlands from adverse effects where site constraints do not allow sufficient buffer width. E. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: 1. Maintain buffers to achieve a high filtration efficiency of surface runoff. 2. Avoid permanent or unnecessary disturbance within buffer areas. 3. Maintain existing indigenous vegetation within buffer areas. F. Restore tidal wetlands and freshwater wetlands, wherever practical, to foster their continued existence as natural systems by: 1. reconstructing lost physical conditions to maximize wetland values, 2. adjusting altered chemical characteristics to emulate natural conditions, 3. manipulating biological characteristics to emulate natural conditions through re-introduction of indigenous flora and fauna, and 4. protecting lands adjacent to wetlands from alterations so as to maximize natural buffers to wetlands. Policy Standard 6.4 Protect vulnerable fish, wildlife, and plant species, and rare ecological communities. A. Protect vulnerable fish and wildlife species. 1. 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. 1. 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 identitied by the occurrence of a listed species during all stages 0 f 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 of S I or S2; and b. communities that qualify for both a Heritage State Rank of S3, S4 or S5; 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 of rare 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 Standard 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. \. 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. 4. Use Community Preservation Project Plan funds to obtain scenic easements to protect key scenic vistas from transportation corridors and other public sites. 5. Include public visual access criteria in the Conservation Opportunities Process. B. Minimize adverse impact on visual access. I. 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. 3. Visual access requirements may be reduced where site conditions, including vegetative cover or natural protective features, block potential views. t 4. Vegetative or stmctural screening of an industrial or commercial waterfront site is allowed if the resulting overall visual quality outweighs the loss of visual access. E. Protect visual access to the natural shoreline from the water. I. Prevent loss of natural vegetation due to excessive land clearing and inappropriate non-native landscaping. Please contact me at (631) 765-1938 if you have any questions regarding the above. 10 1. ~"' 4vtfi'fil e (N I~ Gl . Ir0 11T' ~ \~0~,-~~.\~\ \ \ \ I .1 I , \ . \ i \ r~ OCT - 7 2005 i ~.J U I j All applicants for permits* including Town of Southold age cies! shaIlS~rp:p,~~c this CC for proposed actions that are subject to the Town of South old Wate ont .... Jew aWe 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. r Town of South old .. LWRP CONSISTENCY ASSESSMENT A. INSTRUCTIONS 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 Southold 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. listine: both SUDDortine: and non- sUPDortine: 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 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 SCTM# CS9 - (lol - '2.1. 001 PROJECT NAME :'\0 L.AliC-e. 1:>R..IVE The Application has been submitted to (check appropriate response): Town Board 0 Planning Board 0 Bnilding Dept. 0 Board ofTrustees'~ 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: Re:es< U ES.,. To -e.UI L..C S I /IJ <; (,.E;" t:AM I ~'1 HoM.e:' l-lOT t:::.L.OSe:n.. "THAN Z;S / 1=/2.01\1\ W Ei L~N\)~ &UN I:>A~'1 . lie Location of action:- Site acreage: ~,o L.AK'E'[),R,\\lE, SOU'THOL.t:., NY , .\"2. 5 Rc:: R.ES , Present land use: VACAN"'- LAN D Present zoning classification: R 4- 0 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: ::rv...\E TSA \ g ~ ReeN TC2..Ec ROAD, RIVER He:P,D, N'f 1/ qol (b) Mailing address: (c) Telephone number: Area Code ( ) 5",,,, - -,., '1-7 q I , (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes t8J NoD If yes, which state or federal agency? DEe.. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of South old 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 eyalllation criteria. DYes D No ~ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See L WRP Section III - Policies Pages 3 through 6 for evaluation criteria DYes 0 No ~ Not Applicable IC.. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See 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 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 No 0 Not Applicable Attach additional sheets if necessary Policy S. 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 ~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 L WRP Section III - Policies; Pages 22 through 32 for evaluation criteria. D D ~ I;) Yes No X Not Applicable 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. DYes D No ~ 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 D 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 111- Policies; Pages 38 through 46 for evaluation criteria. DYeD No ~ Not Applicable Attach additional sheets if necessary ,-, . . WORKING COAST POLICIES Policy 1-0. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See L WRP Section 111- Policies; Pages 47 through 56 for evaluation criteria. DYes D No ~ 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 ~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricuIturallands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. . 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