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HomeMy WebLinkAbout1000-83.-1-12 KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAIUNG ADDRESS: P.O. Box 1179 Southold, NY 11971 I , .j . 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 SOUTH OLD To: Town of South old Zoning Board of Appeals From: Mark Terry, Senior Enviromnental Planner L WRP Coordinator Date: February 28, 2006 Re: Proposed residence for Nicholas Aliano ZBA #5846 SCTM#1000-83-l-l2 The proposal is to construct a single-family dwelling, two concrete retaining walls and septic system within 100' ofthe top of blnff line. The following permits were issued for the proposed action: 1. December 28, 2004; New York State Department of Environmental Conservation Tidal Wetland Permit # 1-4738-03391/0001 2. April 20, 2005; Town of Southold Board of Trustees Permit # 6113. 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 (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 INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Note that the surveys approved by the New York State Department of Environmental Conservation (DEC), last revised July 19, 2004, and Board of Trustees (last revised September 16,2004) and those submitted to the Town of Southold Zoning Board of Appeals are different. The survey submitted to the DEC and Board of Trustees shows the northwest corner of the residence at 48' from the top of blnff line. Two surveys were submitted to the Zoning Board of Appeals. Survey A (last revised January 18, 2006) proposes to locate the northwest corner ofthe residence at 42' from the top of bluff line. Survey B (last revised February 14, 2006) proposes to relocate the residence 50' from the top of bluff line and re-orient the residence. " A portion ofthe eastern concrete retaining wall (closest to Duck Pond Road) is located within the Coastal Erosion Hazard Line. On the survey submitted and approved by the DEC and the Board of Trustees, the concrete retaining wall is proposed at 27' from the top of bluff line. On Survey A, submitted to the Zoning Board of Appeals, the applicant proposes to locate the concrete retaining wall 22' from the top of bluff line. Survey B proposes a 33' setback from the top of bluff line and locates the concrete retaining wall landward of the Coastal Erosion Hazard Area. 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 awav 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. The proposed residential structure is landward of the Costal Erosion Hazard Line. A portion (approximately 7') ofthe eastern concrete retaining wall is located seaward ofthe Coastal Erosion Hazard Line. Aerial photos (attached) indicate that the bluff/cliff on the property is unstable and highly erosive. This observation is supported in a report authored by William L. Jaeger, P.E., L.S dated January 24, 2006. However, it is unclear to what exact area the term "bluff' applies to in the report. The report states: "The bluff is currently unstable with no toe control and some vegetated overburden." The report further states that: "The current bluff instability is unrelated to the construction of the foundation..." Note that, no evaluation ofthe clearing of the moderate to severe slopes in relation to bluff/cliff instability and erosion was made in the report. In addition, the report does not address the potential instability of the area down slope of the eastern concrete retaining wall which consists of severe slopes cleared of vegetation. Due to lot size and area of steep slopes, there is limited ability to site the residential structure to avoid erosion hazards. To further Policy 4.1 A,lb it is recommended that the < Board evaluate the relocating of the residence foundation to the west to avoid slopes greater than 15% to the greatest extent practical. To further Policy 4.1 and stahilize the bluff areas it is recommended that; a. The applicant re-vegetate the face of the bluff in conjunction with providing toe protection in the form of gabions or other stone control methods as recommended in the engineering report prepared by William L. Jaeger, P.E, L.S. In addition, it is also recommended that vegetative erosion control methods be employed on all bluff /cliff areas with slopes greater than 15%. Policy 6. Protect and restore the quality and function of the Town of South old 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 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. 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 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. " The property has been mostly cleared of vegetation, including areas seaward of the Coastal Erosion Hazard Line. Prior to construction, no clearing limits were established to mitigate and/or stabilize severe slopes or preserve indigenous vegetation to "the extent practical". Due to the fact that the lot has been mostly cleared of vegetation there is little ability to further Policy 6.1 B, 2a. To comply with a Board of Trustee permit condition and to assist in the stabilization of the steep slopes, a planting plan, dated January 26, 2006 has been submitted by the Cramer Consulting Group which includes indigenous plant species. Plants are grouped and located withiu the retaiuing walls and below the eastern concrete retaining wall. Slopes will be hydro-seeded with a unspecified grass species. The lawn area is proposed to be planted in sod. The effectiveness and success of the planting plan in furthering Policy 6.1 B, 2b cannot be assessed without knowing the percent slope post construction grading and the erosion control methods (if any) that will be employed at the toe of the bluff/cliff. C. Reduce adverse impacts on ecological quality due to development. 1. Reduce adverse effects of existing development. 2. Mitigate impacts of new development. The proposed action will result iu a physical loss of a vegetated bluff ecosystem:.... The ability to reduce adverse impact of development is limited due to the fact that clearing and grading has already occurred on site. The applicant has mitigated some impacts of new development through the placement of haybales and silt fencing during construction. To further Policy 6.2 C.2, the following is recommended: 1. The submittal of a re-vegetation plan proposing high density plantings of indigenous drought tolerant plant species. 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. ; Chapter 37 defines a bluff as: "Any bank or cliff with a precipitous or steeply sloped face adjoining a beach or a body of water. The waterward limit of a bluff is the landward limit of its waterward natural protective feature. Where no beach is present, the waterward limit of a bluff is mean low water. The landward limit is twenty-five (25) feet landward of the receding edge or, in those cases where there is no discernible line of active erosion, twenty-five (25) feet landward of the point of inflection on the top of the bluff. The "point of inflection" is that point along the top ofthe bluff where the trend of the land slope changes to begin its descent to the shoreline." As discussed above, the landward limit of the bluft'lcliffis unclear. Therefore, a recommendation regarding the compliance of the proposed action to Chapter 37 cannot be made at this time. Chapter 97 of the Town of Southold Town Code also defines a bluff as: "Any bank or cliff with a precipitous or steeply sloped face adjoining a beach or a body of water. The waterward limit of a bluff is the landward limit of its waterward natural protective feature. Where no beach is present, the waterward limit of a bluff is mean low water. The landward limit is twenty-five (25) feet landward of the receding edge or, in those cases where there is no discernible line of active erosion, twenty-five (25) feet landward of the point of inflection on the top of the bluff. The "point of inflection" is that point along the top ofthe bluff where the trend of the land slope changes to begin its descent to the shoreline." Chapter 97 regulates actions within 100 feet of a Bluff line; the action includes; Bluff line. (1) Residence: 100 feet. (2) Driveway: 100 feet. (3) Sanitary leaching pool (cesspool): 100 feet. (4) Swimming pool and related structures: 100 feet. Pursuant to Chapter 97 of the Town of Southold Town Code, residential structures, sanitary leaching pools and driveways require a minimum 100' setback from the top of bluff line. On the survey approved by the DEC (dated last revised July 19, 2004) and Board of Trustees (dated last revised September 3, 2004, the applicant proposes a 48' setback from the foundation wall (northwest corner) to the top of bluff line. Therefore the proposed action is inconsistent with the Policy 6.3 B3. Due to lot configuration and setback requirement there is limited to no ability to locate the residence or retaining walls to meet the minimum 100' setback and further or meet the Policy 6.3 B3. 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. 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. 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. Visual access from Glen Road, a public road, will be impaired as a result of the constrnction of a residence with an approximate ridge height elevation at 92'35"; based upon a building height from the top of the foundation to the ridge of 37'9". However, the extent of the impairmeut of visual access caused by the residential structure cannot be accurately assessed without a view shed analysis. Correspondingly, due to lot size, percent of protected natural features and slopes, there is limited ability to meet or further this policy and subpolicies as it relates to this action. Please contact me at (631) 765-1938 if you have any questions regarding the above. " LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. 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, 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", then the proposed action may affect the achievement of the L WRP 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 L WRP policy standards and conditions. 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# 1000-83-1-12 OWNER: Nicholas Aliano 970 Route 25A, Miller Place, NY 11764 AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board _ Planning Dept._ Building Dept. _ Board of Trustees _ Zoning Board of AppealsX 1. 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:..x Variance . Nature and extent of action: Owner started construction pursuant to Buildinl! Permit #3181Z. issued in error bv the Buildinl! Department. Construction is within 100 feet of "ton of bluff". the existinl! foundation is at 42 feet (at the closest point) from the top of the bluff therefore a variance is required. The owner had obtained a New York Sate DEC permit and Southold Town Trustee's permit. The permit was required because the edl!e of a retaininl! wall is located within the Coastal Erosion Area. The Trustees l!ranted the permit with standard flood protection measures and the completion of a plantinl! plan (restoration plan) prior to issuance of the Certificate of Occupancy. Location of action: 3705 Duck Pond Road (accordinl! to buildinl! permit) actual access is off of Glen Court Site acreage: 34.324 so.ft. Present land use: vacant land (under construction) residential Present zoning classification: r-40 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: Nicholas Aliano (b) Mailing address: 970 Route 25A, Miller Place, NY 11764 (c) Telephone number: Area Code (631) 744-5000 ext. 201 (d) Application number, if any: ZBA appeal pendinl! Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes -X-No If yes, 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. See LWRP Section III - Policies; Page 2 for evaluation criteria. lYes No Not Applicable Existinl! lot located on Map of Vista Bluff. approved bv the Planninl! Board and filed in 1968. is adiacent to Lonl! Island Sound. The proposed house is landward of the CERA. a retaininl! wall reouired for the sanitary system is partiallv in the CERA and has a permit from the Southold Trustees. In accordance with the DEC permit special conditions. no ..,. concrete leachate will be discharl!:ed. nor washinl!: of eQuinment. nor other activitv which adverselv effect tidal wetlands and/or nrotected buffer areas. Stabilization of disturbed areas will be achieved with annronriate vel!:etation. no disturbance is proposed to natural vel!:etation or natural tonol!:ranhv north of the line labeled ''ton of bluff" on survev. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section ill - Policies Pages 3 through 6 for evaluation criteria Yes No -X...-Not Applicable Duck Pond Point is not identified as area of Archeolol!:ical Sensitivitv or on the National Rel!:ister on Man nroduced bv NYS Dent. Of State. Division of Coastal Resources 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 -X...- Yes No Not Applicable Lands adiacent to Lonl!: Island Sound nrotected for both visual. economicallv nroductive and recreational resource. The develonment of the Darcel is sensitive to nreservation of Bluff. Permit al!:encies have review proposed activitv and placed conditions intended to mitil!:ate effect on scenic resource such as nlantinl!: nlan. retaininl!: walls and drainal!:e structures. Conditions are consistent with LISCMP (Lonl!: Island Sound Coastal Manal!:ement Prol!:ram) which nrevents non-noint source nollution. nrevents floodinl!: and erosion. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP Section ill - Policies Pages 8 through 16 for evaluation criteria X- Yes No Not Applicable Owner has imnlemented erosion control measures. i.e. havbales. silt fence. buffers on the down slone edl!:e of the disturbed areas. A sediment barrier consistent with the DEC snecial conditions and standard storm water and pollution control measures are imnlemented on the site prior to and durinl!: construction. The "ston work order" has temnorarilv ceased activitv and material on site will not withstand a lonl!: delav. Immediate stens were taken to file the ZBA anneal and annlicant has reQuested an exnedited review to mitil!:ate notential adverse conditions on site. Attached enl!:ineerinl!: renort bv Hawkins.Webb~Jael!:er. PLLC provides technical review of site conditions and recommendations. Proiect manal!:er provides sunervision of site (adiacent lots are under construction). The enl!:ineer recommends that a bulkhead at the toe of the slone be constructed (continuinl!: bulkhead on adjacent nronertv to annlicant's nronertv). Re- vel!:etation of bluff as mav be reQuired. Rain storms in earlv winter have caused some . , erosion of bluff ve!!etation. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section ill - Policies Pages 16 through 21 for evaluation criteria .LYes No Not Applicable Miti!!ation of imDacts on water Qualitv are achieved throu!!h stormwater and Dollution control methods which have been imDlemented in this Droiect. Drvwells and !!Utters are DroDosed to direct all roof runoff into onsite rechar!!e. Groundwater Drotection imDlemented throu!!h DroDerlv en!!ineered sanitary system which requires that the bottom of the leachin!! Dools be located a minimum of 2 feet above seasonal hi!!h !!roundwater. Alon!! Lon!! Island Sound sanitary systems and construction activities are in excess of 100 feet from the tidal waters. 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. --X-Yes No Not Applicable More than 100 feet is maintained from the Lon!! Island Sound. setback to the bluff is less than 100 feet. however the size of the Darcel is nonconformin!! and the distance between the wells and sanitary limit the location of the house. Retainin!! walls are DroDosed to comDly with Suffolk County Sanitary Code. Retainin!! was a1on!! North East side of DroDerty touch CERA line. the Coastal Area Boundaries of New York State alon!! Lon!! Island Sound will not be affected because of miti!!ation measures imDlemented in the DEC and Trustees Dermit. Soils alon!! Lon!! Island Sound (Carver. Plymouth. and Riverhead Soil) are deeD. course texture and excessively drained. The soils SUDDort a wide variety of native ve!!etation and the re-ve!!etative Dlan should take well. Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section ill- Policies Pages 32 through 34 for evaluation criteria. See Section ill - Policies Pages; 34 through 38 for evaluation criteria. Yes No X Not Applicable Air Quality will not be affected by residential use. Standard buildin!! codes comDliance Drohibit de!!radation of air Quality or emissions. Efficient heatin!! and airconditionin!! systems and filters Drotect a!!ainst air Quality. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section ill -Policies; Pages 34 through 38 for evaluation criteria. --X-Yes No Not Applicable Solid waste is controlled throu!!h town-wide recyclin!!. no hazardous substances DroDosed at site. Use of natural untreated materials (CCA is discoura!!ed by Trustees) Sanitary . . meets Countv and NYSDEC requirements. use of retainin!! walls with clean sand for filtration. no pesticides are proposed and turf areas are limited. Plantin!! plan proposes indi!!enous and droul!ht tolerant ve!!etation required. 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 III - Policies; Pages 38 through 46 for evaluation criteria. ~Yes No Not Applicable Lot contains conti!!Uous open space which is owned bv Aliano. The open space is preserved and undeveloped. The access to the subiect parcel is throu!!h Glen Court. Duck Pond Road is the rear vard. The slopes alon!! Duck Pond Road will be stabilized with retainin!! walls and ve!!etation. The toe of the bluff should be protected bv bulkhead or other acceptable material subiect to Trustees and DEC review. This will be undertaken if recommended. 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. Yes No ~NotApplicable Residential use of propertv on establish lot will not adverselv impact Lon!! Island Sound coastline. Duck Pond Road is not accessible to vehicles after construction and access is off of Glen Court. End of Duck Pond Road is a commercial motel and restaurant. 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 Applicable Lon!! Island Sound is adiacent to development of parcel. however. construction activitv and proposed structures are more than 100 feet from Lon!! Island Sound. Storm water dischar!!e and pollution control measures are critical components of protection of livin!! marine resources. Drvwells and !!Utters are proposed. and filtration and havbales are in place durin!! construction. all measures which prevent leachate or other environmentallv deleterious material associated with development from enterin!! the waters of the Lon!! Island Sound. . 'f' Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section ill - Policies; Pages 62 through 65 for evaluation criteria. Yes No ~Not Applicable subdivision aDDroved bv Southold Planninl! Board in 1968 develoDment is adiacent to existinl! residential and commercial (recreational) uses. Area has not develoDed as al!ricultural are. Policy 13. Promote appropriate use and development of energy and mineral resources. See L WRP Section ill - Policies; Pages 65 through 68 for evaluation criteria. Yes No ~Not Applicable Single family residential home is deemed by the Town of Southold as an appropriate permitted use with no significant drain on existing energy and mineral resources. Existing electric, gas and other resources are adequate to meet the needs of this lot. *copy of Town form created on 5/25/05 ~ . c " . .. )' , '\ ~' \, vJ '(, ,iiJ (\J\tt"\, " .\ . \ '" t:.b fT" Group,- \ IV. 1t,- 4; ~I"" , ~{ -;; r~"" ',' (l,A r."..t ltJ..j _) . \, 1 v<'" t... ..:::;'*o./:'.:'=- ll'" .if~it ~. 0'-"" . Erosion & Sediment Control Plan for NICHOLAS ALLIANO PROPERTY Cutchogue, NY February 2006 r.O.Box 5535, Miller Place, New York 11764 Tel (631) 476-0984 Fax (631) 476-6933 Erosion & Sediment Control Plan for NICHOLAS ALLIANO PROPERTY Cutchogue, NY February 2006 TABLE OF CONTENTS NARRATIVE: Project Description: Site Description: Adjacent Property: Soils: PLANNED EROSION AND SEDIMENTATION CONTROL PRAcnCES: Temporary GravellWood Chip Construction EntrancelExit Temporary Inlet Protection Tree Preservation and Protection Land Grading Sediment Fence and Staked Straw Bales Construction Road Stabilization Surface Stabilization Dust Control CONSTRucnON SCHEDULE: MAINTENANCE PLAN: LIST OF FIGURES Location Map APPENDICES Erosion Control Spet:ifications Temporary GravellWood Chip Construction Entrance Temporary Block and Gravel Drop Inlet Protection Temporary Straw Bale and Sediment Fence Drop Inlet Protection Tree Preservation & Protection Land Grading Sediment Fence Detail Straw Bale Dike Detail Leaching Catch BasinlDry Well Detail Contractor - Subcontractor Certification Statement Page 1 Page 1 Page 3 Page 4 Page 5 Page 5 Page 6 Page 6 Page 6 Page 8 Page 8 Page 8 Page 9 Page 10 Page 12 Page 3 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Erosion & Sediment Control Plan for NICHOLAS ALLIANO PROPERTY Cutchogue, NY PROJECf DESCRIPTION The purpose of the project is to construct a single-family residence, with associated driveway and sanitary system, on a 40,798 square foot parcel in the Hamlet of Cutchogue, Town of Southold, New York. The parcel the proposed house is on is identified as Lot #5 on the "Map of Vista Bluff" that was approved by the Planning Board of the Town of South old and filed in the Suffolk County Clerk's office on March 15, 1968 under map number 5060. The site is located in the Hamlet ofCutchogue, on the east side of Duck Pond Road and west of Glen Court. The property is proposed to be developed in accordance with the plans prepared by Peconic Surveyors, PC (PS), project number 03-303. Approval for the plan have been received from the New York State Department of Environmental Conservation (NYSDEC) as permit number 1- 4738-03391/??oo1 and the Suffolk County Department of Health Services (SCDHS) as permit number RlO-04-0109. In addition, the Town of South old Board of Trustees (Trustees) approved a Coastal Erosion Management Permit on April 20, 2005 as permit number 6113. Furthermore, a building permit was issued by the Town of Southold Building Inspector's Office on November 4, 2005 as permit number 31581. The proposed action is a Type II action under the State Environmental Quality Review Act (SEQR) as defined under ~17.5(c)(9, 11 & 13). While not required under the statute, this document has been prepared in conformance with the standards and specifications for meeting the criteria set forth by the NYSDEC for stormwater discharges associated with construction sites. The property can be further defined as SCTM # 1 000-83 -1-11 & 12. SITE DESCRIPTION The site is located on the Harbor Hills Terminal Moraine and is characteristic of the mixed slopes found in this area. The slopes range from 5% or less, on the top of the site adjacent to Glen Court, to 50"10 on the eastern portion of the site, where it slopes down to Duck Pond Road. cr€'€6oup 1 The northern portion of the site is a bluff facing Long Island Sound. The maximum elevation of the bluff is 68' mean sea level (MSL) on the west with the toe of the bluff being approximately 8' MSL. From the toe of the bluff to the northern property line, which is defined as Average High Water (AHW), is a beach. The bluff and the eastern slope of the site descend down to an elevation of approximately 8' MSL on the eastern property boundary and the terminus of Duck Pond Road. The New York State Department of Environmental Conservation (NYSDEC) has established a the "Coastal Erosion Hazard Boundary" (CEHB) at 25 feet from the top of the bluff. The original design, which was approved by the Board of Trustees, showed three timber retaining walls extending into the Coastal Erosion Hazard Boundary. A later plan, currently pending before the Town of Southold Board of Zoning Appeals, has removed these structures from the Coastal Erosion Hazard Boundary. Therefore, no structures are presently proposed within the Coastal Erosion Hazard Boundary, and no permits would be required from the Trustees under the current plan. The majority of the site contains slopes in excess of 50"10. As noted above, these are principally located on the eastern and northern portion of the property. The southwest comer of the site, adjacent to Glen Court, contains slopes of less than 10"10. The proposed residence is located in the southwest corner of the site, with the front of the house approximately at grade and the rear of the structure extending over the eastern slope. The foundation of the rear of the house would be exposed to reduce the need for grading and fill on the areas of steep slope. To the east of the house there are prnposed two series of timber retaining walls. Each series of retaining walls will contain three walls and that are apprnximately 4 feet in height each. A level area, approximately 40 feet wide, is proposed between the two series of walls and will contain the sanitary system for the house. Dry wells will be provided to contain all stormwater runoff from the house and other impervious surfaces. No vegetation will be disturbed on top of the bluff or on the bluff itself. All disturbed areas of the site will be revegetated in accordance with the planting plan prepared by Cramer Consulting Group (CCG), dated January 26,2006. No wetlands (tidal or freshwater) exist on the site, with the exception of Long Island Sound to the north. cr€'€Gup 2 ADJACENT PROPERTY Land use in the vicinity is residential in nature to the west and south, consistent with the proposed project. The land to the east, across Duck Pond Road, is developed as a hotel/resort. As noted above, Long Island Sound is inunediately to the north. All the surrounding residential lots are of similar size or smaller than the subject site. Given the topography of the site, the surrounding area, soil conditions and vegetation, runoff from adjacent properties will not contribute to runoff on the site. LOCATION MAP + ,+ i i. I' +L ...,..,,," ...-.;.:iI'" . ,'( r . \ '-. . ~ ," I /' '..... f . ' ~- .' '-'-:'~""t /~ n .. / . _.' . . ",R... ~ .... ~.:.-;-'.-'... , ..... . ...... -,....,......"'.. /'" ~<-.. '", "'" 1,,/,' """ I,.' . &$, ~n ,...." 'oJ' f;/)if..... ,'" /t-1".... "I ~. . --~-...1 I I I I .~ ......- ).., '.i'~~.. . . . + . . . -' (~-> cr€'€6oup 3 Soils As mapped in the United States Department of Agriculture's Soil Survey of Suffolk County, New York (USDA) the soil on the project site, where construction is proposed and surrounding area is Carver and Plymouth Sands in the "E" slope classification (CpE). As defined by the USDA, the Carver and Plymouth soil series consist of deep, excessively drained, coarse-textured soils. These soils occur throughout the County in rolling to steep areas on moraines and in level to gently sloping areas on outwash plains. These soils series range from nearly level to steep. Native vegetation consists of black oak, white oak, scrub oak and pitch pine. In a representative profile, provided by the USDA, a thin layer ofJeaf litter and partly decayed organic matter is on the surface. Below this is the surface layer of dark-gray sand about 3 inches thick. The subsurface layer is gray or light-gray loose sand to a depth of8 inches. The subsoil is loose sand to a depth of about 22 inches. It is brown in the upper part and strong brown in the lower part. The sub-stratum, to a depth of60 inches, is loose sand that contains some gravel. It is light yellowish brown to brownish yellow to a depth of3I inches. Below this, it is light yeJlowish brown. Also, on moraines, some areas contain as much as 30 percent gravel and a few cobbles. Carver and Plymouth soils have very low available moisture capacity. Permeability is rapid throughout. Natural fertility is very low. The response to lime and fertilizer is fair. The hazard of erosion is moderate to sever and there can be use limitation, both related to the moderately steep to steep slopes. The hydrologic soil group is to be "Group A" - Soils having a high infiltration rate (low runoff potential) when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. The topsoil that exists on-site and will be stockpiled for use in landscaping. cr€'€6oup 4 PLANNED EROSION AND SEDIMENTATION CONTROL PRACI'lCES The proposed action has been designed in recognition of the slopes on the site and the potential for erosion. Retaining walls will be used on the site to limit the need for extensive grading and clearing on the site. The plans for the house incorporated the use of an exposed foundation wall for the east side and partially exposed foundation walls to the north and south of the proposed house. This design would reduce the need for grading for the house adjacent to these walls. Retaining walls will be used to create an area for the proposed sanitary system on the slope to the east of the house. The sanitary location and design has been approved by the SCDHS. These retaining walls are shown on the more recent plans and have been moved out of the CEHB. Plantings are proposed for the disturbed areas of the site, as shown on the planting plan proposed by CCG The proposed action will be designed to include a minimum 2" storage for all roof and paved areas. Stormwater runoff from all roof areas will be directed into drywells through gutters and leaders. The driveway and paved areas will sloped so as to direct stormwater runoff into catch basins located strategically to contain water runoff on the site. All stormwater runoff from impervious surfaces will be contained on site. The final grading and drainage plan will be developed with input from and the approval of the Village Engineer. As discussed in the previous section, the rapid permeability of the soils on site will provide excellent and quick recharge of stormwater runoff from impervious surfaces. Likewise, the rapid permeability of the soils also reduces the likelihood of runoff from undisturbed portions of the site. To address the potential of runoff from disturbed portion the following erosion and sedimentation controls will be incorporated into the project. 1. Temporary GravellWood Chip Construction EntrancelExit: A temporary gravel/wood chip construction entrance will be installed on the eastern portion of the property, at the location of the proposed driveway intersection with Glen Court. The entrance will be graded so that runoff water will be directed away from Glen Court and adjacent to the driveway entrance to avoid ponding in the roadway and driveway. See appendices for specifications. cr€€Gup 5 2. Temporary IDlet Protection: A perimeter of staked straw bales and silt fencing will be installed around drop inlets if required to be installed on the site. Ifnecessary, runoff from the device will be directed into shallow excavations adjacent to the inlet to provide a tempory recharge area. (Note: The presence of this device reduces the sediment load on the sediment basin and provides sediment protection for the pipe [if required in final design]. In addition, sediment removal at this point is more convenient than from the basin). Considering the rapid permeability of the soils this method should be more than sufficient to control erosion and sediment into the inlets. However, monitoring should occur and if required a temporary block and gravel drop inlet protection will be installed at the drop inlets located along the along the driveway, parking area and/or Town road. See appendices for specifications. 3. Tree Preservation and Proteetion: A minimum 2.0 ft. high protective fence will be erected along the "Clearing Limit" as shown on the PS plan(s). Individual trees to be preserved adjacent to the areas of proposed construction will have a minimum 2.0 ft. high protective fence installed around their dripline(s) to prevent damage during construction. Sediment fence materials, construction fence, snow fence, or similar may be used for this purpose. See appendices for specifications. It is recognized that the "Clearing Limit" may extend under the dripline of some trees adjacent to it. Every effort will be made to limit the disturbance within the driplines of the effected trees. These efforts will include, but not limited to, use of retaining walls, tree wells, the minor relocation of proposed structures in the field, etc. In some cases, significant disturbance may be necessary within the dripline of adjacent trees. In such cases, a determination will be made by a landscape architect, or other qualified professional, as to the potential survival of the effected tree( s) and/or safety risks in leaving the tree after the clearing/grading within its dripline. 4. Land Grading: Grading will be required on less than Yo acre of the site and in areas of steep slopes. All contractors and subcontractors will be required to sign and file a "Contractor- Subcontractor Certification Statement" (see appendix) to assure all aspects of this Erosion & Sediment Control Plan are adhered to. cr€€6oup 6 While grading has already taken place on the site, the protective fence will be installed at the limits of clearing to assure no additional, unnecessary clearing takes place. Erosion control devices (staked straw bales, silt fencing, etc.) have already been strategically positioned and installed in locations at the toe of the eastern slope, adjacent to Duck Pond Road. Additional erosion control devices will be installed at edge of the clearing limits (down gradient of clearing, in swales, at the bottom of areas of excavation, etc.). These will be monitored throughout the grading and construction phases and until the site is stabilized for their effectiveness as to positioning. Additional erosion control devices will be installed as required. All erosion control structures will be monitored to assure their effectiveness. The structures will be maintained and repaired as necessary to eliminate erosion and contain siltation. Trees within the limits of clearing will be removed and chipped. Wood chips will be stock piled for use as erosion control, munching and landscaping on site. Stumps will be extracted and chipped or removed from site. The site will be "grubbed" to remove other organic material and understory where construction is required. To the extent possible, root material of the understory (vines, briers, etc.) will be left in place to help to reestablish groundcover as quickly as possible after construction is completed. The topsoil will be stockpiled on-site for reuse in final grading and landscaping. . Excavation for the house foundation, sanitary and drainage systems will be required on site. Temporary depressions, swales and berms will be created within the limits of clearing to direct and contain runoff from disturbed areas. Excess excavated material not needed for final grading will be removed from site. Excavated material required for final grading will stock piled on site, within the limits of clearing. As practical, the stockpiled soils will be suitably contained with silt fencing and staked straw bales around their base(s). Tarps can also be used to prevent erosion from their surfaces. Considering the rapid permeability of the soils, erosion or sediment transport is not likely to pose a significant problem provided adequate erosion and sediment protection methods are used during construction. It is noted that the site has been cleared and excavated for sometime. Periodic inspections did not identify any significant erosion taking place on the site. It is the contractors and subcontractors responsibility to assure proper methods are provided and maintained. See appendices for specifications. cr€€&up 7 . ~ EST AB. 1872 -. . ) hA. WKlNS WEBB JAEGBR PLLC ENGINEERS . ARCHITECTS · RVEYORS . PLANNERS WILLIAM L. JAEGER II. P.E.. L.S MATTHEW D. CRANE L.S EDWARD R. MILLER, AlA FRANCIS A. HAWKINS 1913 HERMAN P. HAWKINS 1962 CHARLES S. WEBB JR. L.S 2004 January 24, 2006 (revised) Nicholas Aliano 970 Route # 25A Miller Place, New York 11764 Re: (05-190) - Foundation inspection for new construction on tax parcel # 1000-83-1-1 I & 12 Dear Mr. Aliano: On January 9 and January 24, 2006, I inspected the structural soundness of the foundation, evaluated the bluff stability and calculated the height of the proposed residence on the above referenced tax parcel located in Cutchogue, New York. The foundation was constructed on a relatively fiat portion of the subject parcel which has a slope with a maximum pitch of I on 2 conunencingjust off the rear wall of the foundation. The lot has an upper soil stratum of silty sand and a lower stratum of fine to coarse sand (based upon a test hole by Me Donald Geoscience). The topographic and foundation location surveys reveal that the rear wall of the foundation was constructed where the lowest natural grade was at eltJ'vation 52.0. The foundation footing along the rear and right rear walls is 12" thick steel reinforced on a 2' spread footing that steps from 2' to 6' and could be seen to be well into virgin soil. The foundation location survey reveals that the top of footing (top of foundation stem wall) for this foundation is at elevation 54.6, which places the bottom of the footing 4'-6' into virgin soil. The left side of the foundation is about 42' from the top of a 45' high bluff which has a slope of approximately I on 1.2. The base of this bluff is approximately at elevation 9 and the bottom of the footing adjacent to (and 42' from) the bluff is at elevation 54 making the footing 45' above and 96' from the base of the bluff, which makes the theoretical slope from the foundation footing to the toe of bluff a I on 2. I slope. Based upon the topography, the foundation elevation, and the reported nature of construction, I find that the bottom of the footing was constructed on virgin soil uphill from a slope of I on 2 to the rear and above a theoretical slope of I on 2. I from the toe of the bluff. The soil bearing capacity for the material on this site is about 2 ton per square foot and its' natural slope of repose is approximately I on 1.5. Therefore, based upon the information provided, the foundation is resting on structurally adequate material and the radiation of the loading is fully within the surrounding material. 3239 Route 112 - Blda. 8- Suite 1. Medford. NY 11763 PHONE (631) 732-7777 FAX (631) 732-7760 Visit our web site at www.hwiaeaer.com The code defined building height was determined by calculating the average pre-construction elevation of site at the proposed building location and subtracting it from the ridge height of the proposed residence (all elevations are based Upon survey data provided by Peconic Surveyors P.C.). An analysis of the existing elevation of the site at the proposed building location revealed that the average preconstruction elevation surrounding the proposed building was 58.3'. The elevation of the top of the foundation footing was 54.6', and the height of the building from the top of the foundation footing to the ridge based upOn the proposed plans was 37'9" (37.75'). This makes the elevation of the ridge 92.35' and the height of the ridge.above the average grade 34.05' which is les~ than the 35' permitted by code. In addition, I inspected the bluff fronting on Long Island Sound. This bluff has a maximum height of 54' based upon the record survey. The bluff is currently unstable with no toe control and some vegetated overburden. The height of the slope decreases from its maximum height at the westerly property line to "zero" at its easterly property line. The current bluff instability is unrelated to the construction of the foundation on the subject property and is caused by toe erosion and a lack of vegetation on the bluff. The existing foundation was constructed 42' from the top ofa 51' high portion of the bluffwith a top of footing elevation of54.6' which places the bottom offooting approximately 45' above the elevation of the toe of the bTuff. Based upon this inspection I recommend that toe protection be provided for the bluff as well as re-vegetation of the face to assure its' long term stability. The toe protection could take the form of bulkheading as provided for the property to the east, or gabions or other stone based toe control which is currently preferred by the N.Y.S.D.E.C. Regardless of the type of toe protection selected it is important that it be tied into the toe bulkheading on the property to the west. Both the toe protection and slope vegetation wOljld require design and specifications and would require approval bithe N. Y.S.D.E.C. as well as likely review by the Town Of Southold. Should you have any questions, or wish something additional please feel free to call. Sincerely, Document 03/01/06 Page 2 of2 \ \ \ \ \ \ \ \ \ \ \ \ \ A,.\ .,. I~'.# \ \ \ \ \ ,,\ \ \ , \ \ \ \ \' \ \ \ \ \ .."" \ \ \ \ ~R~ " \ \ '-. \ \ '..... ~l. \ 20~,," \ \ \ \ \ \ \ \ \ 3~ \ \ \ \ \ 1 \ I "- , ' ;' '",,- , , , I 1~-PM -I-- '" ." OVERALL SITE iCJ~\) ",0 o~G '" ~~\) \5 _, /.r'/ -- \ ,,/ \...../.../ ~ ~ -0 ~ " ~ ~ t <Or v " '" ~ \.O\\} '" '" ~€'6~ ~U.~ll~~-=~~~ (6SI)~ s.....,-".." PECOHICSURVEYOllS,P,C P,O_lIOXlIOEI 1ZlOTRAVElERSTREET SOUTHOLD.N,Y_',9T1 ...-..ry13,2OOI iCJ~'\ cP <\ LOTNUMllERSREFERTO"WoPOF\I1STABLUFF"FLED MARCH 15. 19l1ll M FILE NO_!ilIIO. G"<(..~ \'~_c" ELEVATlONS REFERENCED TO N.G,V.D. !QOQ..sJ..01 .1", ,:..RE"\OO6A74 SQ_ FT TO TiE liNE 'COC-SJ-r;~ ,2 ARE..o,::J4.324 SQ. FT_ TO TIE UNE PLANTING NOTES: Apptoprt8Ieerosfon control........rwslo be hlUn to precent erosion of sIopII end lUting of MIfoInl"1l proptIrty -.Hi roads. M..1UtH to Include. but not limited 10, stKk.. straw b8Iea. slit SCI'HII fMclng. mulching. etc. Erosion control musu.... to be con""" monitored and approprl.. steps tUen to lmm~"" conwct Mdtor.....r to provide prop. protection. Erosion control ........... to r.maln In.rfect until slope Is Itablllad wfth _. 'It'beN possible, extstJng trHs, IIhrub$. stumps and roots to remltn on Ik>>pe to provide stability, provtde opportunity for.sditlonlll plMt growth end restabllshment of previous vegelafon. Slope to be hydro-.ded Immedlate/J after final gradlng. Hydro-seedl:ng eppIiclauon end mixture to be lICCOrdIng to II'I8ftUf1Icturefl spec:tlkations. . Suft8tlle pl..t m...... can be....bstItuted for ~t mmwlal spectfted on this plantlng plan only wtth the approval ofthelMd~ architect. Plant material to be monltoted for a two yeM' period to assure a minimum IUrvtval rate of 80% during thai period. Propoeed lawn .... 10 be sod. "*' PLANTING PLAN ALIANO AT CUTCHOGUE ...... "0 Glenn Court. wIo Duck Pond Road. Culchogue. Town of Southokl I Pnjtctlf AUN01 T.L<<I: 1000-13-t-1t&12 1- 01"""'" .... .. Sea'" 1-'" 1WC Dr_By: 1WC .....'" lO_ ll- . 3 ,- . PLANT LAYOUT PLAN . "- '& Proposed Retaining Walls Each Approx. 4' High \ , !'\ id "- i:',./ <~.r<"- \'1 d! W I 0' 10' 20' -<> '0 ~o <l'(9. 0'1! <!l I 1S1' ~ "0 ll> I I I 101-PM Cremer ConsulUng Group 01/26106 I 30' 40' PLANTING PLAN ALIANO AT CUTCHOGUE Sheet 2 of 3 I ,- PLANT SCHEDULE 5 JV ""..m_....__."n_.. MP RR RRS RA PM ..L~olll!,!~,!~am!_ . Eastern Redcedar Nort~ernJ?~l:lr ... +~ug(l~ll~(lse ; Rugosa Rose fr.angrant Sumac Beach Plum PLANTING DETAILS ....moon...'.."II.dl'dllCofpit BlI.d'....lJmWurc' nper'll.Ka L,x..m1/.liofbnrb.J1ball FinlI.llc:d.enulr Shrub Planting Detail ,..,...... r Size"TQuantityl , 6-T' 17 i 18-24" 35 18-24" 78 6-12" 40 J ~ ~~~~: :-][] 8" Min. Planting on Slope Detail ~ Note: Seeolher P18nlin" Detail. tor rnoreinJonnalion. Nnllt,sca1c .... .:' Rootbllll . Lou~en 1/3ofbur1ap ball . ..' BaekfiUmixture . uperspeel 'CtdarlfakelminimUm lfootlntoundisturbedJOib. Evergreen Planting Detail N......... Note: TrtelI to be staked with short stakes OR lonl ttdu stakes IlIlbown, Cramer Consulting Group 01/26/06 PLANTING PLAN ALIANO AT CUTCHOGUE Sheet 3 of 3 /' SURVEY OF PROPERTY AT CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y 1000-83-01-11 & 12 SCALE: 1'-30' JANUARY 13, 2004- June 23, 2004 (boh) July 19, 2004 (revision) ~ Sopl. 3, 2004 (rovlMoM) , JfIn. /3, 2005 (rev/s/ons) ;\Jll\) Jo!'. 19, 2005 (reVlslany) / SO Aoq./~ 200:; (prop h"e.) Aug. 3/, 2005 (dry..olls ele. 1\ Jo.-n. 18, 200~ (foblt/! t.. J:l V rei. /4; z,oC? ( \S,-,p ANY ALTfRAnON OR ADDlnON TO THIS SURVEY IS A VlOLAnO OF SECnON 72090F THE NEW YORK STAlE EDUCATION LAW. EXCEPT AS PER SECTION 7209-SUBDIVlSION 2. ALL CERTIFICA HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONL' SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SUI WHOSE SIGNA TURE APPEARS HEREON. LOT NUMBERS REFER TO "MAP OF VISTA BLUFF" IN THE SUFFOLK COUNTY CLERK'S OFFICE ON MAt 15, 1968 AS FILE NO. 5060. ELEVA nONS REFERENCED p..\.;~/ /. TO N.C. v.o. N ,-,ollO eft ......... ... ~~ "" // ..1 ........ -.1.. / Vl "'..........- 0.. /.........,.'" ,,",0 ~---&--- / fl,01J / /,/ p..-{G" //// / I'\.. 0'''' // // F-V-:!>'" /// 1'''' ^"",8 /// ,OU"/ / / / // / / / / .--............ -- , , , , , , , , , , , , , , , \ , \ , , , \ \ , '" " - " C) c. ~ p..\..'ll . / ~ o 'Z. C) ';(l o ~ <0 ;,>. l7 ~o I.J> X =- I cdh 4/ (P/o5 . '~. PROVIDE 2 DRYWELLS 6' _ . 5' DEEP TO HANDLE ROOF RUNOFF REVEGETATEON TOP AND BOTTOM OF THE RHAINlNlf WAL~~STEM . "" !:). '8 --- \.0\ 6 AtIN. 2 TlE:S snow GRAOE: ~' "Op../ to WELL COMPACTED SAND , Gf/A VEL FIN. aR. EL 5* ~ m z o o c. -,;) .....l, SUBSURFACE SEWAGE DISPOSAL SYSTEM DESIGNED BY' JOSEPH H. BAIER, P.C. C/O DVIRKA AND BART/LUCCI CONSUL T/NG ENGINEERS (516) 364-9890 ... WEtL COMPACT, SAND , Gf/A VEL S' TlI'El. ~, 1000-83-01-11 AREA=6,474 SQ. FT TO TIE 1000-83-01-12 AREA=34,324 SQ. FT. TO , CROSS SECTION SEPTIC SYSTEM o \ ~38" I I I L.P. I L__ -.J EL 22: T1rEL'" DOUBLE TIER TYPICAL FULL CRIB RETAINING WALL G/lOI.Nl irA n:tf 20" . COASTAL ~ROSION HAZARD LINE FROM COASTAL EROSION HAZARD AR~A MAP Pholo # 58-545-83 . Immediately after rough grading is complete the slopes around building and retaining walls, as well as any other outside of areas of active construction, will be graded to their finished slopes. These areas will be topsoiled and hydro-seeded, or otherwise vegetate and/or seeded, as well as mulched to stabilize them prior to final, permanent landscaping. No grading is to take place during rain events. However, the site must be monitored during all rain events. All erosion and sediment control structures must be inspected. They must be maintained and immediately repaired and to assure their effectiveness. Additional erosion and sediment control must be installed as required if and when any new areas of erosion, or potential erosion, is identified on site. S. Sediment Fence and Staked Straw Bales: As noted above, sediment fence and staked straw bales will be constructed around the topsoil and excavated stockpile(s) to prevent sediment from entering areas of natural vegetation and to maintain them for later use in final grading and landscaping. The fencing and straw bales must be maintained to assure effective operation. Additional fencing and straw bales will be installed as needed through the construction phases, until the site is stabilized, to control erosion and contain sediment on site. Considering the rapid permeability of the soils properly installed and maintained fencing and straw bales should be effective and erosion and sediment transport is not likely to pose a problem. See appendices for specifications. 6. Construction Road Stabilization: As soon as final grade is reached on the driveway, the subgrade will be graded according to the drainage plan (as approve by the Town) and stabilized with a base course ofNC DOT standard ABC stone, or equal. This will stabilize the driveway and prevent erosion and dust during the construction of the buildings prior to paving. . 7. Surface Stabilization: Stabilization of the surface will be accomplished with vegetation and mulch as specified in a landscaping plan. The house will landscaped with sod and various plant species. Buffer areas will be preserved outside of the proposed clearing limits. The intent of the development plan for the site is to construct the home into the existing topography with rear cr€'€Gup 8 . foundation walls exposed to reduce the need for grading and filling on the slope. The use of retaining walls, adjacent to the house and sanitary system, reduces the amount of grading in areas of cuts and fills. Plant material will be used to screen and break-up the visual effects of the use of extensive retaining walls on site, as provided in the eCG planting plan. A driveway base course will be installed as soon as finished grade is reached. Considering the rapid permeability of the soils and the use of erosion and sediment controls throughout construction phases, erosion or sediment transport is not likely to pose a problem. 8. Dust Control: Dust control is not expected to be a problem due to the small area of exposure, the undisturbed perimeter of trees around the site, and the relatively short time of exposure (not to exceed 9 months). Should excessive dust be generated, it will be controlled by sprinkIing. . cr€'€6oup 9 Construction Schedule The following is a general schedule. Please note that portion of the construction has already . started on the site, but was halted to obtain the necessary variance( s) needed for setbacks from the edge of the bluff. Those portions of the schedule that have not been complied with to date will take place prior to any further activity on the site. 1) Obtain plan approval and other applicable permits. 2) Flag the work limits, covenanted areas, buffers between houses and mark any trees proposed to be saved within clearing limits for protection (if any). 3) Install protective fencing on limits of clearing. 4) Hold pre-construction conference at least one week prior to starting construction. 5) Remove vegetation within limits of clearing. Chip material and stock pile for future use. 6) Install temporary gravel/wood chip construction entrance/exit. 7) Rough grade site, stockpile topsoil, install drainage systems and temporary drop inlet protection. Install sediment fence and staked straw bales as needed. Maintain all erosion and sediment control structures, including temporary drop inlet protection and provide diversions adjacent to them as required. 8) Install retaining walls and foundation. 9) Finish the slopes around building and retaining walls as soon as rough grading is complete. Hydro-seed or otherwise vegetate and mulch immediately. . 10) Complete final grading for driveway and stabilize with gravel. cr€'€6oup 10 11) Complete final grading for buildings. . 12) Complete final grading of grounds, topsoil critical areas, and permanently vegetate, landscape, and mulch. 13) All erosion and sediment control practices will be inspected weekly and during and after rainfall events. Needed repairs will be made immediately. 14) After the site is stabilized, remove all temporary measures and install permanent vegetation on the disturbed areas. 15)Estimated time before final stabilization.9 months. . . cr€€6oup 11 Maintenance Plan . 1. All erosion and sediment control practices will be checked for stability and operation during and following every runoff-producing rainfall but in no case less than once every week. Any needed repairs will be made immediately to maintain all practices as designed. 2. Sediment will be removed from the drop inlet protection device(s) when storage capacity has been approximately 50"10 filled. Straw bales and fencing will be cleaned or replaced when the sediment pool no longer drains properly. 3. Sediment will be removed from behind the sediment fence when it becomes about 0.5 ft deep at the fence. The sediment fence will be repaired as necessary to maintain a barrier. 4. All seeded areas will be fertilized, reseeded as necessary, and mulched according to specifications in the vegetative plan to maintain a vigorous, dense vegetative cover. 5. Trucks leaving the site will be cleaned as necessary. Dirt and debris deposited on the public road will be cleaned. . cr€'€6oup I? . ApPENDICES Erosion Control Specifications: Temporary GraveJ/Wood Chip Construction Entrance Page 14 Temporary Block and Gravel Drop Inlet Protection Page 15 Temporary Straw Bale and Sediment Fence Drop Inlet Protection Page 16 Tree Preservation & Protection Page 17 Land Grading Page 18 Sediment Fence Detail Page 19 Straw Bale Dike Detail Page 20 Leaching Catch Basin/Dry Well Detail Page 21 . Contractor - Subcontractor Certification Statement Page 22 . cr€€6oup " TEMPORARY GRA VEL/WOOD Cmp CONSTRUCTION ENTRANCE . c,~ "~~ o,~ ......E'I'!:L.. ':Iof....,.:Ho" 1t~~9JiIo,~ . f <<D. ~:'.':; ,"Io"\j",. '1.0' '0 o' I~ r- I , JI ~:;;:~":''':;-~~ ~~~~j -- -t-~4l!.~ \"2.:1I"w~-.o ~ """"""' "17 . " -r I....... i ~ ~,~'JE \- 'e ~-:-r.>..~c.E / e. x\"r WIOT"~ - \$0' l'=I,."""Et> , ~'N - 5'0.0' ",~e. - 2010 I 11:> 25"".0 AT' ~:;.Ap Construction SpecuIClItions I, Clear the entIancelexit area of all vegetation, roots, and other objectionable material 2. GIlIde the road foundation so that the entrnncelexit will have a cross slope to the north and sooth and all nmoff will drain away from the paved road. 3, Place stone or wood chips to the dimensions, gIlIde and elevation shown, NOTE: Maintain the gravel pad in a condition to prevent mud or sediment from leaving the site. Should mud be tracked or washed onto Village roads, it must be removed imml'lliately. , . cr€'€6oup 14 TEMPORARY BLOCK AND GRAVEL DROP INLET PROTECTION (If Required) r-~' I , -- I . ,"'\Lor 0f"ISNu-J,," ~E- 3Z" "<\O_E.. FLooc> f!N."F..ow .......... "'.... tCI"""*1~T'IIMI '!- """"'''''' _ _ of:--=- ~ \- "'~lit w_ I ~.I!~~"o""~~"","'~l"" ~~IIb"""'~~~. .' ~ Z touC~ t:F ~ atCU"1l" . \""0.&"'- . Construction Specif"1cation8 1. Lay concrete blocks on firm, smooth foundation excavated 3" below storm drain top. Place blocks against drain inlet for 1ateral support. 2. Place at least one concrete block on its side in each bottom row of blocks. 3. Place wire mesh with 1/2" openings over all block openings used for drainage. 4. Use D.O.T. #57 washed stone to reduce flow mte but allow drainage. Place stone on 2: I slope to within 3" of top of block. 5. Any soil left exposed between the block and concrete drain inlet should be filled with 3" diameter stone to prevent washing when water flows over blocks into dmin . cr€'€6oup 15 TEMPORARY STRAW BALE AND SEDIMENT FENCE DROP INLET PROTECTION (If Required) 5fakJ 51rq;, ~oI~,:> r-- ~~.. I , - I . t , Inld o~ninq 10 be '2" L ~2" !:JqUQI~ Flood Ovcf/fN - - - - - - 5fokJ 51rq;, ~oI~!> Floc~ bol= liqIJly loqdkr, bury 'fI' Info qroonJ. 51akJ 5dinm Fenc~ ..' . . Construction Specif"1cations I. Lay straw bales on firm, smooth foundation excavated 4" below storm drain top. Place bales against drain inlet for lateral support. 2. Place bales tightly against one another and slake. See straw bale dike detail in this section for greater detail. 3. Place stakes for sediment fence against straw bales for lateral support. Set slakes minimum 10" into ground. 4. Surround straw bales with sediment rence. Bury sediment renee minimum of 6" and backfill with compacted material. See sediment fence detail in this section for greater detail. . cr€€6oup 16 TREE PREsERVATION & PROTECTION . I Drip Li~ I I I I I F alCE . . DiQ,.,e/Q afUQI5 Jrip line . Drive stakes fmnly into ground - at least 12"" 12' m</h NarE: Sediment fence material. construction or snow fence may be used to build fence. . cr€'€6oup 17 LAND GRADING 1. ~ 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. . IS. 16. 17. . Finished land surfuces will be graded as shown on site development plan. In forma\i7M 1andscape areas, cut slopes will be 3: I or flatter for maintenance by mowing and roughened for vegetative establishment The high fill slope on the oorth will not be steeper \ban 2: I and roughened by grooving across the slope. Topsoil will be removed from areas to be graded and filled and it will be stockpiled in locations shown. Areas to be filled will be cleared and grubbed. Fill will be placed in layers oot to exceed 9" and compacted as required in the specifications for the development plan (oot a part of sediment control plan). Frozen material or soft, highly compressible material will not be used as fill. Fill will not be placed on a frozen surface. Road and parldng surfuces will be sloped as shown on site development plan to control nmotf. Land adjoining paved areas will be sloped no steeper \ban 6: I and graded to drain as shown. Surface runoff from buildings will be collected in gntters and piped to dry wells. Diversions will be installed above cut slopes prior to land clearing and grading. A diversion will be maintained at all times above the fill slope to prevent overflow on this steep area. Cutting and filling will be done as a continuous operation until final grade is reached. Should grnding be temporarily discontimwl, a tempotary diversion will be constructed across the middle of the distmbed area to break up the long slope to the north. As soon as final grades are reached the graded areas will be stabilized in accordance with the vegetative plan. An undistmbed area will be left as a buffer around the entire graded site except at road entmnce. When the developed site bas been properly stabilized, all the temporary sediment and erosion control measures will be removed, the distmbed area graded to blend with the smrounding area, andvegetaled. cr€€&up 18 . . Sediment Fence Detail IloII to SceIe 3I'"min. fence post r- drINn mIn. tl"' _ tr ilia. c. to C. ground ~ Front View )1 I"'miII i....--_-:::!L -=-=--_-=-_=_~_ .. " .. ground _ b.........at trencIl _ _efence (mln. t4-t/2_ INL I"'me8h) 36'" rom fence post f_ cloth . _filer duthl"'mIn _ ground Cross Section fIoW-:-i Compaded - +- Construction Specifications: t. Woven wire fence to befntened _"" tofenee posts with wire ties ... staples. Posts: steel .,.-... .". t,pe or 2" wood. Z. filer c_to be __d MOcureIyto ...... wire rence wilh ties spaced ""lIlY 24'" It top ..d mid ....ttIon. fence: Woven ~ t4-t/2 .... ... ma ....h o'''''*'O 3. _two......ons attller c_ M1JoIn __ lhelr..... be _lapped ~ sIxlncMs _ folded. filer CIaal: filer X, Mlrlllt t08ll, 5t1bl_e Tt-. ...e....... 4. ...__...... be performed .. _ded end moterlel re....ed wilen """,,"-_Iop In _ eIIl fence. 101I'1t: UI~MRnI "'0UI'1t1 o:mW9don ...-vlet.. t:,THLI... NY __ed ~I: Ger1feb EIwirofence, or equeL . . cr€€6oup 10 . " Straw Bale Dike Detail Bedding Detail 4" .ert.... flce FlOW) Anchoring Detail II II II ~ . AngIefirsl__n1 _1ousIy1llid _ - "'),I ~~ ~ , Construction Specifications: t. 88188..... be pieced 81 the toe of I B1_ or <WI the contOl8' ...t In . row _ ........ tightly lIbultIng the ~nt bale. 2. Each beIe .haIl be embedded in the soil a ........... of four (4) inches, ...t pieced eo the binding. are hollzolllaL 3. Be......... be securely _ed In plece by eIIh<< two _ or r&bar _throoghthe bale. The firsteleke in eech_ ..... be _tqowerd the preliouely _ bele at an angle to force the b.... together. stakes _ be drleenftueh _the bale. 4. In~ _ befrequenl_repair repl...n__be mede promllr _ needed. 5. I..... _ be removed when they_ ser__ u__ SO _ not to bloclc or in........ storm flow or It .......... . . cr€'€&up 80.... _..- on co_ 2 re.ber. or 2"lI2" ...... t-tl2"to r In ground; Drioe _ftuehto bale. 1oUnIe: u.1:Mt .....1..1OIAt1 O:mMrtlton 1Ir'tIct. .,..,... NY 'Il LEACIllNG CATCH BASIN/DRY WELL DETAIL (TYPICAL) . . U_ "FUM /JIoc& J>y Nicnlod e~l;qh /1<<1 t:lJ!J/fIq GtoJe \ .f.(J-.a. """'"" D<nY a.H 7.V,- _ t'11Mr/ - -.&. :U:/~~~/en ~doN I ...&..w.:_7 ~ .Anj, A~ "P.~.;o...w,. $'..1-JG'.~ ~n--~,.r~ ,",,""""1 ~ I'&,Sfo.,,"'_ do- ~._n'! /J P?~N V/(If/ seer/ON 8-8 No 7:#. 2Ii SECT/ON 8-8 IV.T5. A~n. t!o.--:4'f.4t1.a.... ..10..... ~ MM .-,.m-lN't!o...,.. - . . ..- , s_ Mon., DIi'AIN o.-CNIMS DerAIl. MT5. 5Et;.T/ON A-A NDTE5: I.~~"~ 4~L_ ."......,.",.,. ~ ...n.........., ~ ~ AIIwI~ 41"" /" 6.;N .,..... ~ "'~ HIr7'v 1-""1 "..., /-.... A.~,M. Leaching Catch Basin Detail Not to Scale . . cr€€6our 21 . CONTRACTOR - SUBCONTRACTOR CERTIFICATION STATEMENT . Erosion & Sediment Control Plan (ESCP) NICHOLAS ALLIANO PROPERTY e/o Glen Court - w/o Duck Pond Road Cutchogue, NY SCTM #1000-83-1-11 & 12 ATTENTION: The below document is required to be completed by all contractors and subcontractors prior to undertaking any construction activity on the site. "1, . certify under penalty of law that I understand and agree to comply with the terms and conditions of the ESCP for the construction site identified in such ESCP as a condition of authorization to construct a single family residence and associated uses on the site. I also understand that the operator must comply with all terms and conditions of the Town of Southold (et. al.), New York State Department of Environmental Conservation and the Suffolk County Department of Health Services Permits issued on this site. . . Signature Date Name Title Company Address City, State, Zip Telephone . . cr€'€6oup ?? PHONE NO. : 6317273160 " "- Mar., 02 2006 11: 49AM Pi J' G, ..! ~ /' '/:UMBER OF PAGES (inc. this one): FAX TRANSMISSION ,,~ 20 FAX NUMBER: FROM: ------:? DATE: \--\vc- Z Z..:lO.A 5 % '1. '" SUBJECT: COMMENTS: ~ -+ t-J'1!S ~c "P~ It l.n:h \, ~ 'SOl ~~ -l:o L..:,....:~ 4U\~~MO u.:,,~ J....r\-fwyY\~. - kS L~ If you do not receive all pages, please contact: Suffolk County Soil and Water Conservation District 423 Griffing Avenue, Suite 110 Riverhead, NY 11901 Phone: (631) 727-2315 Ext. 3 FAX: (631) 727-3160 . FROM. t-RCS/SWCD R i verkead PHONE NO. 6317273160 ""- Mar., 02 2006 11:49AM P2 .. COUNTY OF SUFFOLK ~' ,~ Steve Levy SUFl'OLK COHN'IT 1OO!C1J'l'IVE Tho...../, MeMahon DISTRICf MANAGIlR (631) 727-2315 SOILANDWATf:R CQNSERV AnON DlSl'RICf FAX:(631) 727-3160 February 27, 2006 Chairwoman Ruth Oliva Board of Appeals Town ofSouthold P.O. Box 1179 Southold, New York 11971-0959 RE; ZBA File REF. No 5846 Dear Chairwoman Oliva: As requested, a site review was conducted for the construction of a house on the above--mentionecl site located at Glen Ct, Cutchogue, The following are the observations and recommendations associated with the bluff and eastern slope of the property. Observations; This visit revealed that a "Stop Work Order' has been issued for the construction of the house due to installation of the foundation within the coastal hazard line. As indicated on the blue print, and confirmed during the site visit, the hollSe is sited on a point of'land approximately 45 feet south of the bluff face and on the edge of the eastern slope. In order to facilitate the installation of the foundation, cuts into the slope were made at least 10 feet deep and 1.5 feet wide. Additionally, the entire eastern slope face has been denuded (Photos 1-5). The Investigation into the stability of the bluff revealed that severe erosion is occurring at the toe, face, and the top ofthe bluff. The top of the bluffis partially vegetated with brambles, herbaceous plants, and trees. A lo-foot vertical face, topped with an overhanging lip of vegetation, is found on the upper portion of the bluff. The bluff face is composed of sandy soils, mixed with gravel, cobblestones and a few large boulders, Sparse herbaceous vegetation and a few trees and shrubs exist on the bluff face. At least one gully runs vertically down the bluff race, indicating a concentrated flow from either hydl'Ostatic pressure/ground water seeps or from runoff over the top of the blult: (Photos 4, 5, 9-1$) The vegetated toe of the bluff and the asphalt ll.lXeSS point at the end of Duck Pond Road, just to the e-dst ofthe bluff are continually being eroded with each high tide, Active sloughing of sediment at the toe, as well as, movement of sediment down the bluff face was witnessed numerous times while on site at low tide. It should be expected that the erosion of the bhdfwill continue to increase with each tidal cycle and may be exponentially severe with storm events, It is assumed that for this reason, bulkheading has been installed both to the east and directly west of this property. (Photos 12 -14) . FROM.: NRCS/SWCD Riverkead PHONE NO. 6317273160 ~ Mar. 02 200e; 11:50AM P3 ... ~. Recommendations: The first concem is that this site, and all the COllstruction sites on Duck. Pond Ro~are in violation of dle new Environmental Protection Agency's Phase II Stormwater Runoff Regulations enforced under the New York. State Department of Environmental Conservation (NYS DEe) Law. This law stales dIal any construction site disturbing more than one acre of land, which has a hydraulic link, is required to submit and implement a . Sediment and Erosion Control Plan. Duck. Pond Road serves as a direct hydraulic link. to Long Island Sound, has bare and actively eroding soils, and inappropriately installed erosion control fencing (photo 6 & 7) and no vegetative cover!ng on elCPosed soils. Therefore, even with a certified NYS DEC Sediment and Erosion Control plan, the entire disturbed area along Duck. Pond Road is in violation under NYS DEC law. In order to be in compliance with the Phase II regulalions, a certified Sediment and Erosion Conlrol plan most be developed, implemented. and maintained to avoid the $25,000 per day violation fee. Preventing runoff and sediment pollution into water bodies is the llQal of these regulations. 'Therefore the correct installation. of silt fencing and establishment of temporary vegetation on anyeJ<PO!lCd soils should oce"Uf. . l The enclosed literature provides diagrams on the correct methods for silt fence installlllion. This is critical since vegetation will not be fully established until after the spring rains. . These rains ha.ve the potential to cause severe gullies on the slope, sediment-laden runoff land in the worst-case scenario, landslides. 'Therefore, every effort. should be made to install and maintain the correctly installed silt fencing along the entire e:xtcnt of Duck Pond Road. Vegetation should be established on this slope as soon as weather permits. A lempO{3.IY cover of cereal rye or oal$ is recorrunended or if a permanent cover is desired the recommendations for the bluff revegetation (listed later in this letter) should be followed. The vegetarion will hold the soil to the hill, helping to prevent sloughing and potential landslides. The siting of the house on the eastern slope is tile second concern due to the steep slope and soil type. The Suffolk. County Soil Survey identifies this location (and the entire sloped area where construction is occurring on Duck. Pond Rd) as having Calver and Plymouth soils (CpE> with slopes between 15-35 %. 'The soil survey lists. the limitalions of this soil as severe for the installation of home sires (due to slopes), septic systems (slopes), lawns and landscaping (sandy surface area), pipefine loc.ations (stability), and paths and trails (sandy surface area). Due to ti,e .severe" limitations of this site.. it should not be developed and opened to erosion. A footnote of the soil survey lists an additional concern with the septic Sy$tems as a pollution hazard for WIlIer bodies due to the sandy nature of lbe soils. This is important to recognize, as the installation of the septic sy$tem on this property would be a maximum of ISO feet from Long Island Sound. A 'Total Maximwn Daily Load for nib'Oge!l has been established for Long Island SOlmd by the Environmental Protection Agency due to low FROM NRCS/SWCD Riverkead PHONE NO. 6317273160 .... "- Mar. 02 2006 11:50AM P4 J' oxygen levels. Thus, the potential impact of the nutrient loading on Long I.land Sound from t11is septic system should be considered. ,,~ lawm and landscaping activities have severe limitatiorul due to the droughty and sandy soil characteristics. As discussed above, vegetation on this slope is imperative for slope stability. However, due to dte droughty natUre of the soils it will be difficult IX> successfully establish vegetation on this area wit.hout irrigation. It is recomnlended that no sprinkler irrigalion be' used on Ibis slope because irrigation acts as a catalyst for erosion. Therefore native plants adapted to drought and saline conditions are recomnlended for dte landscaping :Iud vegetative cover of this area. A listing of native plants appropriate .for this site is included with this letter and is .curdler addressed in the bluff revcgation section found below. Lastly, and of equal concern is maintaining Stl'UcturaI stability of the house from the bluff exposure. As noted above, the entire bluff is unstable due to active erosion of the top, face, and toe. Currently, a distance of apprOJdmately 40 feet exists between the house and the bluff. In order to stabilize the bluff, at least 15 feet of dte top of the bluff will be required fD be cut. back in ordCl' fD obtain an. natural angle of repose for bluff stability. This will reduce the distance between the house stl'Ucture and the bluff edge to 2.5 feet. As you are aware, bluffs are dynamic enviromnents dtat are easily compromised by both nat:unU forces (storms) and hWIlan impacts. Hence there is n;' guarantee dtat future bluff erosion will not occur even if full stabili7.ation of the bluff is achieved. Respectively, a stop work order on this construction due to encroachment of the coastal hazard line is extremely warranted at \ this location and continuation of construction is cautioned. Regardless of dte decision tn issue or deny this variance, it is highly encouraged dtat actions are taken to restore dte bluff and dte eastern slope to a stable enviromnent. Specific to dte bluff, it is important to recognize that even with the best vegetative cover- on the bluff fac.e, it will be compromised by erosion if the toe and top of the bluff are not stabile. The first measure of protection is to stabilize the toe of the bluff. Unfortunately, toe erosion at this . site cannot be stabilized by vegetating the toe, due to the high del,ltee of tidal erosion. Therefore, a solid strocture similar to a. bulkhead or rock. wall will probably be required for run toe protection. Jay Tarulki, NY Sea Grant (631) 682-8780 is a profession3I in coastal erosion aba1en1ent structures and should be contacted regarding the appropriate toe protection structure. Permits from the New Yark. State Department of Environmental CoruleIVation and possibly the Anny Corps of Engineers must be secured for such an installalion. During this installation, the least ~ount of activity possible should occur on the bluff face, they are very wlStable environments and easily dantaged. Secondly, dte overl1anging lip of vegetatioll and vertical fae:e, should be cut back to a natural 45-degree angle in order stabilize this portion of dte bluff. 'This may involve the removal of the vegetation along the top of the bluff. Nelrt, any additionallree or sluubbery, within 3 feet of the bluff edge and on tbe bluff fa.ce mould be cut fD ground levd, leaving the roots intact. The cutting of trees prevents them from toppling due to wind forces. while allowing the remaining roots to hold the soil, thereby preventing erosion. Any debris, including the cut trees should be removed from the bluff face while ensuring that minimal damage to the bluff occurs (i.e. trees not be dragged down the bluff face). The debris FROM i'l<CS/SOCD R 1 verhead PHONE NO. 6317273160 Mar. 02 2006 11:51AM P5 .... ... J' .hould not be depo.ited on \l,e beach. Once Ihe.e action, are completed thell the revegewion of the bluff .hould OCL'\U. ,. " 'Cape' American beach grass i5 rhe most recommended specie. to be established on rhe bluff, top of bluff face, behind of the toe stabilization structure and on rhe eastem slope. 'Ibis grass ."""" ... an effective .ediment !rap and erosion control measure dne to plant density and itJ .nbstantiai root sl"terns. Cope-American beach grass i5 a hardy nabve perennial, that thrive. on Long Island's harsh conditions found at thi5 .ite: doughty sandy soils, & salt exposure. It i. these clta:rn<:teristics that have extensively promoted the u~ of Cape-American beach grass to reamre, create and protect bluffs and dunes from both WlRd and water erosion. Cape American beach grass i. readily available from nurseries and for best results should be trllJlJp\anted when is it dormant; late fall, winter, or early .pring mooths. 'Ibis limits you to planting it during the months of December through March. Thus, con.ll1lction and planting activities should be schednled around thi5 planting time to ensure suceessful vegellllive establishment. The beach grass should be planted as three culms (plandets) every 12 to 18 inches epart in a grid pattern (See enclosed planting guides for fertilizalion and additional information). Planting should occur from the top of the' bluff to the toe. To increase diversity 8Ild reduce the threat of disease, a warm season grass seed mixb1re should be broadcast on the slope just prior to planting the beach gr.... Treading on rhe soil during planting of the be....h grass will effectively 'plant" the seed and enSure good soil to seed contact. The seed mixture and complete melhod for planting the Beach Grass is liated within the llSDA ."'-I.;Cf"h.m of Eroclisw mulli document endosed with thi5 letter. Additionally, other low growing species such as Black-Eyed Susan, Montauk Daisy, VJrginia creePer, Beach Rose (Rosa virginica) Ea.tern Prickly Pear Cactus,' Seaside Goldenrod, Golden Aster, Sweet Fern, and Beach Pea are strongly recommended. Once all of the above recommendations are implemented, prcvenWive measures.need to be taken to ensure future erosion does not occur. As thi5 is a residential area, humans, pe", and wildlife (deer) must be prevented, as much .. practical, from traveling down the bluff face. Cat:tus and Cape American beach grass can be planted together up to the bluff edge behind the toe protection SttUCD.rc. Behind thi5 planting, ro.es and .hrubs can be establiahed m further discourage access. Cape Americ.an b"""b grass is easily damaged by foot traffic and is _tial to holding soils in place. Therefore, any vegewion die-off whelher naIur.ll or human cau.ed should be repaired as soon as possible. . Fostering an understanding of the imporlance of bluffs is critical to l1.eir protection. As rhe community uses thi5 bluff area el<tensively, the installation of signage would serve ...ille perfect mellJlJ to educate rhe public on the sensitive bluff enviroomen.. and the effo.... they can eJDploy to protect the bluff (i.e. no walking on the bluff). It is recommended that such signs be placed at the access poinL Thi5 is an inexpensive means to foster an appreciation for the bluff while dually protecting the bluff and stairway by tho.e who utilize thi5 area for itJ naIur.ll beauty. FROM : NRCS/SWCD Riverkead PHONE NO. 6317273160 Mar. 02 2006 11:52AM P6 New Requirements for Small Construction Projects Think Ahead! Did you know that if your proj~ dishn~bs one or more acres of land, you must. . have a permit for stormwater discharges . from the site? . Why? ,.\. ~ It eQuId take up to sixty (60) business days to get a permit, but often only takes. five (5) business daYs. The iength of time dependS on . the type of construction site involved. l.t also depends on the existing levels. of pollution in. the. waterbodiesto which storinwater . from the site will discharge. For 1\'Iore Info~Ination Visit-oUr webSite: .WWW.dec;sJ:at~;ny.us/webSlte/dow/ mafnpage.htm . Excessive amounts of sediment and. . debris from construction sltElliare . often washed into local waterhljdies . during a storm. Construction .... vehicles can leak fuel, oil,aria:pther . . . harmful tluids that Can be pi6~edup . by stormwater as well. What to Do? . Un,der a new regulation, the Department of Environmental Conservation (DEe) requires iliat . before starting construction, a Stormwater PollutiQn Pnivention Plan (SWPPP) must be deVeloped, The SWPPP is a plan for erosion and. sediment control, and possThly othet management practices. . Ifyau begin construction before filing an Nor and obtainin.g eQverage; you may be subjectto a penalty of up to $25,000 per violation per' day. . If you don't have web access, you can obtain Written material by caIJ.Uig . 518-402-8265. Or call the loCal DEe. regional offiCe. TOO~AVailable from the DEe: fl. Pernnt . . . . SPDES General P"""ltfur Slormwater Discharges from construction ActlVft;y (GP'02-G') guidance . OVerview of the SPOIlS GenerolPennit for Slormwater Discharges from Const:ruciion Activitltll InsttueliOD Manu.Uor Stormwater COnstruction Permit' TechnicBI Information New-York Sb,te Slormwater Management DesignM""uaI NYS Srandards and Specifications fur.Erosion and Sediment Control (0180 known '" the Blue Book) New York Contractors Erosion and Sediment Canno! Fiold Notehook . Btifore construction activity begins, a Notice of Intent mustbe filed with theBEC affirmin.gih.at 11 SWPPP has been prepared. and is being Implemented. Ql!iot'&f: R. Ptll.ki. GOVtmOf State:O(Nt;!wY~ o Erin M. Crotty, CommwronGJ' NVS LltpL of!.lvlfOl\nlflllllll' CooSClVllioa I'- How To Gain Complianc.e D- E ~What is Required for .... . ....Construction Sites? '" ~ If your project gjwill disturb .: more than one '" Eacre of ground, you are required to: (Sl '" .... M r- N I'- .... M '" 1. Obtain a Stonnwater General.Permit from the NYSDEC. You can request information that explains the permil requirements from either your County Soil & Water Conserva- tion District, or NYSDEC. Detailed permil in- tormation can be found on the NYSDEC Stormwaler homepage: www.dec.slate.ny. ~1F.iweb(..iiefdow/m3h1 page.htltl Have a Stormwater Pollutkm Prevention Plan (SWPPP) and follow it. The SWPPP is the plan for controlling runoff and poUutanls from a site during and after conslructlon ac- tivilles. The SWPPP must be Impiemented in order to prevent waler qualily violations, 3. Certify Under Penalty 01 Law to follow the SW PPP. Landowner and contractors must sign a statement that they understand and agree to comply wilh the terms and condl- lions 01 the SWPPP. Perform Weekly Inspections to determine the level of compli,mce to waler quamy stan- dards and adherence to the SW?PP. The landowner must hire a qualified professional 10 perform weekly stormwaler inspections, as well as .inspections aIler 112 inch of rain. Maintain Erosion & Sediment Control PractIces and update SWPPP regularly. Keep all SWPPP and Inspection Forms in a site log book on the construction $lte and avnil;:lhlA In rACllMtorv ~I;dt. 02 z . w is I D- " .. " ..c t. ~ :> - '" Cl U ~ "- ~ ,. '" Z A), E 0 e: Stormwater Contacts Who do I contact about the Stormwater Phase II Program? In New York, the State Department of Envi- ronmental Conservation {NYSDEC) regulates the slormwaler program. Stormwater Phase II is the lalest component of the Federal 1972 Clean Wa- ter Act to come into effect. The Clean Water Act is a set of laws designed to protect U.S. waters and maintain water quality. Additional information about the program can be found on the NYSDEC Stormwater website: WWW.de-C.Slate.ny.us/vlret)sileidowlrnahlpage.htm P1'oricfiog ~ 1"oOOy... a 'CJ ~:::~~~ ~ Stormwater & ~"". " Construction How Phase II Stormwater Regulations Effect the Industry ';'-"."~, '~';-l"~",,,"~"""Wf"'i';';'f~~' '<, ., '-, ~ .".,_..~",llUll ;f,coO,lI:oI,",;ttiltl-.....,;.::;r; ::':-~ . , . ' ,'h.. '^'. .. . ::, c':; ".::';"':':'::2:' :;,(;.ffil &lli'YJi RitA::}) i Sctti \11,"'"' _. - "'.~ -__' ,,~_ .';;:0:........'_ '-.,-:..;.."'[ _ "",'f,. ,.~, ,',I" . . pl'o\'.iding Today.,. Prot.ecting ToulOrrow vlVllllfYCllCI LJI;:)~llall:;~;:) & Water Quality H:' ~ The construction induslry Is a cfllic:al participant lfl in New York State's efforts to protect our streams, ;..; wetlands. rivers, bays and lakes. Through the use of .... Erosion & Sediment Control (ESe) praeUees, :,g construction site openitors are the key defense re against erosion and sedimentation. [\] IS) ~ Plannin9 a ~ proJtxt In Sl<lgeS minimizes :1-10 amount of area thrn is bare & s.ubjeci to ISl e;osion. Ul .... I"l r- [\] r- .... I"l Ul '".- ._-:._.....~.: As stormwater Haws over a construelion site, ij picks up pollutants like sediment, debris, and chemi. cals and delivers lhem straight to our water r.... ci sources. These pollutants degrade water quality and z ':!! aqualic habitat. o I "- In addition to the environmental impact, uncon- trolled erosion can have a signIficant financial im. pact on a construelion pfOject. It costs money and lime to repair gullies, replace vegetation, ctean sedi- ment-clogged storm drains, replace poorly installed ESe practices, and miligale damage to olher pea. pie's property or 10 natural resources. 'tl re fhe less soi' t ~.-.~pcsed. ~ l1e Msier & 0::::: .::heaper it .'Jill beta e :ontrcA ffi 'lr~ion_ , lJ1 hi z :E Ii! u. t>oJll:rosion Prevention & SedimentGontrol All important responsIbility onaJiconstruction sites MInimize the amount of exposed soU On site: . To lhe extenl possibie, pian the project in stages to minimize the amount of area that Is bare 8I1d sub- ject 10 erosion. The less soil exposed, lhe easier and c.heaper it will be 10 conlrol erosion. . Vegetate disturbed areas with permanent or tempo- rary seeding Immediateiy upon reaching final gra<le. . Vegetate or cover stockpiles that will not be used immediately. . . Protect de'fil1ed cllannels immediately with measures that will handle e)cper:rerl 5tOffl1 flows: . Stabilization measures such as sod, gaolexlile, natu- ral filer, or riprap should be used to allow channels to carry waler without causing erosion. . . Use softer measures like geotextlle or vegetation where possible 10 prevent downstream Impacts. Reduce velocity of stormwater to reduce I:tw erosion rate: 7:;'" .... "<.'" '..I~J ~';f.:~ '.' . Vegetated buff- <!", ers and check ~. dams are ESC practlces lhat can be used to slow down stormwaler as it travels across and away from the project sileo ~., . Silt fences & other types of perimeter filters should never be used to reduce the veiocity of runoff. Keep sediment on site: . Maintain a 50 loot length of ciean stone at con. structlon sile access points to accommodate iarge construction vehicles. Much of the dirt on tires wiD fall ofll>efore reaching the street. . Con<luct regular street sweeping at the construcl/on el1lrance to prevent dirt from enlering storm drains. . 00 not hose paved areas. . Sediment traps and basins are temporary struclures and should be used in conjunction with other measures 10 reduce sediment. Divert clean W'dteo' from disturbed soil: . Inlerceptors and diversions should be lBed to direct "ow away [rom exposed areas toward stable portions of the sile. Maintain at! ESe practices to ensure their effectIveness dl.lrlng the Ufe of the projeGt: . Reguiarly remove collected sediment from silt fences, berms, traps, and other ESC practices. . Ensure that geo. textiles and mulch remain in place until vege- tation is welt es- tablished. . Maintain se<li. ment controls that protect senqitiv9 areas such as diversion structures and sill fenGtlS. i;;'l1~m~,~c;!'~::~~t;~Y:l~~iy[ff~t]:i!, """'~"'. .... . .;,. < "'; FR01 : t-RCS/SWCD Ri verkead , ~ Munlclpal1tJe. have tl1e alllhorlly \0 menage ltormwolllr 1hroo<<h1ocal codes and ordinances. The New York NEMO Pfogram (NQ/'lpoint Education for Munlclp&I Officials) js en ~ucatlonal program for 15l'lCf use decision mpets that strive. to reCI.... ronpolnt polh/t.ion by Ulustratingtl1e connection between land use and water quality. OUr goal is to provide COMmunities with infOfmetlon that will 8$sl~t them In protecting tf$i~ natural re$Ources while meeting land use needs. Sea~ NewYorlr ,\";\l':~'~M PHONE NO. 6317273160 -..- . ~'lJ ~.., New York Sea Grant NEMO Program ~~7.::~,..,,,,:,.,:,, Reducing the Impacts of Contaminated Stormwater through Local Authority Municipalities in Long IsLand have the power and responsibility to make land use decisions that determine how their community uses not only its Land, but also its water and other natural resources. These decisions directly determine whether the community's resources will support a good quality of life for its citizens. The Stormwaler Phase II program provides a framework to help local municipalities manage stormwaler effectively and to protect public health, the environment and the local economy. The New York State Department of Environmental Conservation is responsible for implementing the EPA Phase n stormwatcr regulations. TIle new regulations require regulated municipalities to incorpoC"dte stormwatcr management into their local code to control construction site and post-construction runoff. Because stormwater management is a necessary part of all land development projects, the most straightforward way to establish local control of Slormwater lrnpacl:.\ during and after construction is t() amend the existing laws aod ordinances that govern zoning, subdivision and site plan review, The amended toea/laws must establish the following: . Operators of construction sites IDll>t create and abide by Stormwater Pollution Prevention Plans (SWPPPs) governing the management of stormwater during constru~tion and post-<:onstruction and must construct any needed stormwater management facilities specified in the NYS Stormwater Management Design Manual . Municipalities must create stormwater management programs to review and enforce developers' SWPPPs and establish responsibility for and ensure ongoing operation and maintenance (O&M) of stormwater management practices after construction is complete The NYS Stonnwater Mana~ment Guidance Manual fur Local Qiticlals includes a model Stormwater Management Local Law with specific language for amending zoning, subdivision, site plan review and erosion and sediment controliaws to include the review of SWPPPs and ensure ongOing O&M measures on developed sites. Municipal Powers: Tools for Storm water Management In a<ldition to the proVision for the review of SWPPPs and establishment of O&M procedures. municipalities may also amend their zoning, subdivision, site plan reView and erosion and sediment control laws to include innovative land use pl1KtiCCS. f:sctsheet m~I1(1I$ : adapted from the NYS DOS and . NY$ OEO Stormwatei Manage.n''1Emt : Gvidaneo MiYt\J~1 tOt: Loc~! OffICials. . FROM : NRCS/SWCD Riverhead Issuing Building Permits and Certificates of Occupancy: Through adoption of a local law, a municipality may direct the building Inspector to require a SWPPP when an application is made for a land use permit such as a site plan, subdivision, zoning change or special use permit. Such a local law may authorize the Building Inspector to require an approved SWPPP before issuing the Certificate of Occupancy. Operating and Maintaining Stormwater Infrastructure: Municipalities must ensure the ongoing operation and maintenance of stormwater .. j.,'i fucilities npon the completion of a development project. Municipalities may either t;. ~~7~'lr(fF~;.~':;;r assume direct fu1filIment of O&M responsibilities by accepting an easement or Enviro<lmentaJ' ownership of the land on which the structures arc located 01' alternatively, a ~s~:nt:~"'" munlcipaliry and a developer may enter into a maintenance agreement or covenant to SoIn! Stu<\!, tile ""'no ensure the ongoing operation and maintenance of the stormwater management ~~"" prnctices. Aeserl'8. The New YOrk Sea Grant NC.MOProBf$lTli98 member of \tie: Nttlonal NEMO NttWtlrl.c. . PHONE NO. 6317273160 Mar. 02 2006 11:56AM P10 Establishing Special Districts and Uses: Zoning overlay distrlc:ts and special districts can be used to place conditions on certain uses in sensitive areas. For example, to reduce erosion and sedimentatiOn into a stream during constmCtion, a stream corridor overlay distriCt may reslrictland uses wlthin a specified distance from the stream. The provisions of special disttlct.~ and uses may be amended to require review and approval of SWI'PPs to ensure that they meet special district conditions. Conservation or duster II'ObdMslons can be used to reduce the percentage of impervious surface and provide open space and natural areas that are useful for managing stofIDwater runoff. Low-lmpad development is a new c.oncept in site planning that may be used to complement other land use tools. By integrating site design and planning techniques such as narrower streets, rain gardens and bioretention areas, local officials can conserve the hydrologic funCtions at a site. stotmwllier Dndnage Districts may be created by a llIunicipality as a vehicle for ongoing funding of stormwater fudJity operntion and maintenance. Municipalities may also enter into intermunicipal drainage district agreements for the purpose of sharing costS and resources. CONSERVAnllN DEllI8H _ Arendt: c.elOMliol1 Iltoien lor 5ubcIMole.., I P,"'ca1 Guidi III cnoti1oJ D1>eo spa.. Ne\w<>I1Is Adopting Natural Resource Protection Regulations: Ilrosion and sediment control laws or filling and grading regulations usually require some rype of erosion and sediment control plan. If a municipality has one of these laws in place, it should be amcnded to reflect the Stormwater Phase II : regulations for constnlction_ Floodplain x-egulations and wetland and watercourse protedion laws are other. mechanisms that municipalities can adopt as local laws or ordinances to restrict land uses neat srn.-ams and wetlands and to control stom]W'dter n11Ioff Into water bodies. Sm~1 New York . ! ....j..t'.. NY Stale Phase II Construction and PostoCl>nsIruction standards and usefullechnical guidance guides with ap-Io-dale practices, checklisl5 and implementation tools: Slormwater Managemenl Guidance Milllual for Local Officials . A~i1able on co NYS Slormwaler Manogelll8llt Design Manual hltp;/ /WINI.dee stat..n'.us/wAbs~./drNI /toolQPw Iswmanuall NY Standard, and S~tiOIl5 for Erosion and &.diment Control http://VNIW dec.stall!.ny.u~/webRIrAI dow Itoolbox lescstandards/ FROM NRCS/SWCD Riverkead PHONE NO. 6317273160 Mar. 02 2006 11:57AM P11 "" 3ThNOARD AND SPECIFICATIONS FOR SILT FENCE l Dermition A temporary barrier of geotextile fabric (filter cloth) used to intercept sediment laden runoff ,from small drainage are~s of disturbed soil. Purpose Tbe putpo$C of a silt fence is to reduce ruooff velocity and effect deposition of transported sediment load. Limits im- posed by ultrt.violet .lability of the fabric will dic""e the maximum period the silt fence may be uscd. COnditioDS Where Practice Applies A silt fence ~y be used subject to the following conditions: .1. Maximum allowable slope lengths contributing l"Ul'loff to a silt fence are: Slope 5:tNlpnp.c:.ll: MaxlmumSlope Length (Fl) 50 75 125 175 ZOO 2:1 3:1 4:1 5:1 Flatter than 5: I 2. Maximum drainage area for overland flow to a silt fence .haIl not exceed 1/2 .cn: per 100 feet of fence; aiw . 3. Erosion would occur in the form of sheet crosionj and 4. There is no concentration of water flowing to the barrier. Design Criteria Design computations arc not required. All silt fences shall'be placed as clo.e 10 iIIe area as possible. and the area below the fence must be undisturbed. or stabIlized. A detail of the silt fence shall be shown .On the plan. and contBin the follo~ing mluimvtrt requirements; L The type. size. and spacing offence posts. 2.. The size of woven wire support fences. 3. The type of fIlter cloth used. 4. The method of anchoring the ftlter cloth. 5. The method of fastening the ftlter cloth 10 the feneing support. Where ends of filter cloth come logether. they sh~1l be over- lapped, folded and stapled to prevent sediment bypass. S.. Figure 5A.9 on page 5A.20 for details. Criteria for Silt Fence Materials I. Silt Fence Fabrict The fabric shall meet the fOllowing speclflcations onless otherwise approved by the appt'(>- priete erosion and sediment control plan ~pproval aothority. Such approval sh.all not consiituto statewide ~oceptance. sweWide. acceptability sh.all'depend On In f"1O!d and/or laboratory obServ!llions and evaluations.. MlnimUllJ Acceptable YalJit. 90 Fahrir. PrQ.JJP.rtlp.!,; G...b TenslJe Strength (lbs) Elongation at Failure (%) Mullen Burst Strength (PSI) Po"cOlte Strength (lbs) Slurry Flo", Rale (gaVminlsl) Equivalent Opening Size mtraviolet Radiation Slabilily (%) TfI!qt MRtht"llt ASTM 0]682 50 ASTM D16S2 190 40 ASTM D3786 ASTM 0751 (mQdlfled) 0.3 40.80 US Std Sieve CW-02215 ASTM<p'-26 ..,..:.,';. ';'" .,', ";; 90 2. Fence Posts (for fabricated units); The length shall be: . minimum of 36 incbes long. Wood posts will. be uf soUnd quality l1ard:wood with a minimum cross sec- tional __ of 3.0 square inches. Sr<el po.t. will be standard T and U section weighing not less then 1.00 pound pet' linear foot 3. Wite rel1ce (for fabricared units): Wire ren~ng shall be a minimtlm 14~ In gage whh " maximum 6 in. mesh opening. or as approved. 4. Prefabricated Units: Envirofence or approved equal may be used in lieu of lbe above method prOviding the unil Is Installed per details shown in Plgure SA.9. April 1997 - Fourth Printing Page5A.19 New Yark Guidelines fOr Urban 'Eroslon and Sediment Conlrol FROM NRCS/SWCD Riverhead PHONE NO. 6317273160 Mar. 02 2006 11:58RM P12 1 2" l'I;N, 1 VHOI$'ri,lR$lttl J1lI~ 1 i ! l u.:" Figure SA.S Silt Fence O~1is '.'.' ";:" "',.'., :.....; ',.... New YorkGuidctin.,.{orU,b.n Em.lnn :and Sediment Control ".. j..:.:J 't,. .,' """,:. --t '...... ....... 'v1ITI:,W(~'J!:::.1 .a.. ..... ~'-'i/:':':' ~r .~ ...:....a.~.:...: "'-' '.1 ': ~.:. ~~I '" .... POSTS, ,J:Efn. UTK~ "T" ~ .U. nflS; OR 2" 1'l4~D~ ffN=!r IfOVEW VIRE. J'~ J.f'2 p, ,. f'UX.' K!:sK ti~fNI'rcG f]!...ifFl tt.DTH: I"J!,.T:f'I X. I!IIU.FI, JllIIlC, $t'A8!LbfI(A, 'rJ.1~N DA APPAOV[C [DUAL,' I'R~FlSF\H'tEO' UNIT. ffOF.... M1AOFfHCE. QR ':PPFlOVfQ itll,lA!.... sr....ri04.AC SYJoI..$:)'. . . . ... r E'fq"S'f=I' E'C T:r v E V ~ ~'W \fDVEH )ItA! FiHtt 11tI~. W. 'Ii" .,E5t1';"ol:C:INi) UTtt ';II.'l'iA h~TH D\'EF. .3&" Hl'H, fliNt!; ~IlOS J'" U2 aA;U~ ~ ...;..;.....- fl.:DIl ~ "Cot1N~ SOIL fMBED 'FILTEJI Cl..Q.J:H "rJII', '" INto ~DUNO SECT :r-ON :Dtuf!IU;T1~ tI~.T~' ,..CiA ."'AIIRleATElI SILT F'ENet:: !. ~DYE>> V~E .FEI'II:E 1'1'0 ~E "J!J.:ST!NEO SE'Cr.J!FlEL'l' rn FfNr;E posr's 1l1't~ V:Af n:ts DR Si"'\pl:ES. ~, I'"ll"TtA :::",:DTH Ttl liE TO Sf 'F'.sr.sHt~ UCtI'FlE\,"l' TD WOYEJ1f \I]~f F'tNt:E \In+! fUO.s "SPt.'UO I",E"'( 2,., :iT T:lF' :fNO HJO nrT1'ON. :to \I"'~H' tV!;; )fn;rwu .O!!l F)l,ttA 'O-aTIoi ,/l~QJN EolCli OTltER 'iI1E'T !\o[;.:.L I!I'E t1vE......#l'lIlE: B1 'J~ :Nt'~U A.Hl;I FlIl,Di:;l, 1. .K:tIII:r.1;H""CE :IHll:Ll..e "!l"",,"CA~atI n NU~H:!) ;t,HD I'IAHRIAL "E"CVE~ IIHE~ ~B\JLgn. 1i'EViLQF IPf 'l'1'1! SlLT "ENee u.s. OtJIARTI'IEHr OF' "6RIt1J...]1Jiilf NATURAl J.ESClJlll:~rS CONSERV111ON S(AVjCr SILT FENCE ,mu.cus!!, tiE\.' ,.O~ Page 5A;20 April 1997 - F""rIh Prinlint FROM : NRCS/SWCD Riverhead PHONE NO. 6317273160 Mar. 02 2006 11:58AM P13 1980 1.06 ( 1. Set the stakes. 2. Excavate a 4"x4" trench upslope along the line of stakes. m _ ~ .--:J\l. . . .......;::-_...~~......~ ;--: ...; ~/ " ,/ -' ,,,,- ..~"~ 7'/~~~;-~~3 /~;; /"~~. ./ Flow:"'--- ~I IV II I 3. Staple filter material to stakes and extend it into the trench. 4. Backfill and compact the excavated soi I. CONSTRUCTION OF A FILTER BARRIER . . Source: Installation of Straw and Fabric Filter Barriers for Sediment Control, Sherwood and Wyant PI ate 1.06a Plan Flow + Elevation \. Points A should be higher than point B PROPER PLACEtlE:n OF A FILTER BARRIER IN A DRAINAGE WAY Source: Adapted from Installation of Straw and Fabric Plate 1.06b filter Barriers for Sediment Control, Sherwood . l/.ndllyant ", , III -n FROM NRCS/SWCD Rlverkead PHONE NO. : 6317273160 Mar. 02 2006 11:59AM P14 1980 1. Set posts and excavllte I 4"x4" trench upslope along the line of posts. 4" 3. Attach the filter fabric to the wire fence and extend it into .the trench. 1.06 2. Staple wire fencing to the posts. 4. Backfill and compact the excavated soil. Extension of fabric and wire into the trench. .' CONSTRUCTION OF A SILT FENCE . Adapted from Installation of Straw and Fabric Filter Barriers for Sediment Control, Sherwood and Wyant Source: . . lU-23 FROM : NRCS/SWCD Riverkead PHONE NO. : 6317273160 Mar. 02 2006 12:00PM P1S ZBA 5846 Duck Pond Road Soils Legend o D soil83 50 100 200 Feet r,;:t"l,l\ f1~."{.il \; <} , . 2004 Aertal Photography Suffolk County Soil and Water Conservation District 423 Grilling Ave. Riverhead. NY 11901 March 1, 2008 FROM NRCS/SWCD Riverkead 50 PHONE NO. 6317273160 SOIl, SURVEY Soil Sewllie disposal JI.ld5 AtsioJ1. so,nd_ - ~ ~- -- ,-- -.~--- ~ ,.. -. - - - ~ ---. Homesite5 I Mar. 02 2006 12:02PM P16 "':J'! ",:' T._aLE 7.-L-i:mitatiO'll8 oj lh. .~ : ::. ~ S~teetli and pukIng La:wne, la.ndllo&plug lots &nd gOlt 1.1r....1'. - Severe: seasonal high wa.ter ta.ble .t <1.pth of II to IlII..t. MQder..te: se8&ona.l hie!> .,.t.r t&hie at depth of l' to ill fe.,. Be&ches_..___...._~_.___..._____...___u___ Sc...ell'.: high .....~ter_ Severe: h!ghwl\teru Severe~ high"N&tern Berryland muoky _<1...---.---'---"'-- Bridgtthampton .lit 10&01, 0 ,to 2 perecnt _slop... Severe; I;c&.Sona.1 hie:h wa.ter t.&ble .t d.pth of ;i t6 Il\ f.et. . Seven: prolonged. /ligh "'~t,.. tsOl. "bOve ~ deptn ol ;i loot. Slight'_,.._u._.. -- Severe: prolonged high water table . a.bove a. depth of }! foot. Slight___..____..___ Severe: SAndy surfa.oe laytl'; 1..onaI hlth' watAr ta.blt at . depth olll to ill . ;..- lee,. : .~.. Sevtre:: ""~.." w.+~ . \ :.~ : '"6" <tIE[_ _ ' . . . .' Se"ere: ptolOUged Severe: Ul1dy , . high w.ter toble lI\U"laoe layer; high ~bO'" . depth ot '.,&Ier tsbl. aboV. i' loot. a depth of" foot SlighL.._oo ..___.. Slight....._n..... .,', :Bridgeb&mpton &lIt lo&m, 2 to 6 percent SUltht ~ft____.__..__~ 6lighL..uu.~.____. Modera.te:' 81opes~d Blight_...._n_.u__.~ slop". Sevttte: mudertlotely SligliL__...~___u.__ Moderat,f,: Idope, -. Sl1a:M_n_......______. dow 'penne3hili~y in !5u~tra~um. Severe: modl':rtl.tely Moderate: 61opc:L.. Severe: ~lOp_I__.... M.odera.te~ alopl&'iu slow permeability in BUOO~tlt\1I11.. Bridgehamptoo :silt lQam, graded 1___ .un SHgbt; )_u__ ..__._ ,. SlighL__ _.' ~ ----- -- ModHrat.e: ,lopetii'._ SU5ht__u..nn.~...A Bridgeb.:unptoo !Jilt loAlU, ~il1 ~ubstra.tllm, 2 to 6 percent Ilopes. Brld6ehunpton aUt loaD'l, till su,b$tr8.tuxn, 6 to 12 percent slopes. ClW\<1io. "Ut loom___,. .__non___nn" Severe: slow per~ .m.eabilitv; Bea- l'JornU hiih 'Water' table at depth 01 ;! to 1).1 f.et. S~vere: seasoD.tlol bfgh water tabk .t d.pt)> of;! to III feet. Moderate: IiOAlOnaJ. high wA.t.e%' tAble ~. dopth of ~ to Iii feet. ModQrQ.w; .~on..1 high wate: table .. depth 01 K tD 1" f.... Carver and 1'ly.<nDuth ...nds, 0 to 3 per.ent SUght '00" .________ SlighL_____oou... Slight...._.....__.. SeveN: _dy .lopes. .. ."rla.oelayor. C'4io:tvtr md Plymouth BAIld8, 3 to 16 per- cant &lopes. ~ (.''''''',er &nod Plymouth $M.cb, 15 to $.0 per- o~t81opes.. Sli~t to roodert\tc: f ~Pe5 in pLo.ees. Slight to moderate; slopes in pla.ces Modiratc: to severe; olop... SeVere: ....dy aur- f... loyer. Be....."E:re: slope.s;__R_ ~vt;n!: slopcs__..... Severe: elopea...~__. SQV&I't: slopes; hndy aurfAot layer. Cut o.nd IUllond, gently sloplng ..____.___ Slight.. _ .___00 ___ __ SlighL .00__...__00 Mod".te: slopes '.. Severe: ...dy lur- fa"" layer. Cut. Md tillla.nd, sloping 1..,_.. __nnu____ !!in toOtll.otf!' a.t end ot t3.ble. Sevwo: so.ndy,ur- face layer. Mod.rote: 'IOP"___\ Mod.cate: ,lopes._. S.v".: .lop....._. FROM NRCS/SWCD Riverkead ~ \1,: ~' . :: :,: jllf 10"111 (>114 cO\<1II'1I planning ,"., '\--- \ :', . : .,,',:. pipeline lOC&tions! Sa..o.ita.ry la.ndfill ;~i~~:~~~:: __ ~.~Jtt . SetJ~t: w:::~bl~ ;~'::i&< . t~~~~~~ of ~ to ,:!:~.. n~.~:~ti t~;~r;;~ . ~~~~t; ~",.. ~. ,;t~~:~: ~~~~~ ,!!-!~::.. '..J1l;'tt:. ::-~.~!~'" . :B}h1 Sli;hL_n_.W__h ~~tf~:~. "j~':l.;'" . i.:,'";, }.;,:':',: '::', :. '~~:~:ij:~~; .~~~:>' ~~;~/, Se.'''': .t~biJjty___ ~;""'" flr j';:~.',~" ~evert: ':'~..: ,::> \ Sover.: . '~M " I ~~~ I J ,,~ k(#~h \ S,'/~re: 15ta.bility..-- PHONE NO. 63172731613 Mar. 132 213136 12:132PM P17 ~O'$FOLK. COU)iTY; ~r.w YORK 51 Camp a.realii ~ P"ths e.o.d tra& Ficnic gro\lIl.d:. n.nd e~tenst...~ play a.reilS Aohle'ic fields nnd intell5i"6 pla~' o.reas \ \ Bevltre: 508.$0110.1 , hl~h ",.to, ..bi. \ ., d.pth of II to l~ f.et. I trl;b w&.ter__\ Severe: high wa.teJ:__\ SevlU'o: high we.tet. 5l>v~lie; pJ:olonged Severe: prolon.god \ Sevue: ' prolouged bigb w.lor table bid> ",.teI' table high w.t.er above a. deptb Qf above 0. depm of table D.bove 0. ~ foot. l' loot. d.plh of 11 root. SllghLh_m.n.__ Slight_._u._un... Slight. Scvere: ho.za.rd of 'W'e.ttt pollution; ....on&! hlih w..ter u,ble ,a.t depth 01 H to lH teet. SeVll:re: seMonaJ. higll. \'Va.tet" ~ble .t d.pth of H to l~ feet. ModOrll.t.e : ....ono.! high w,,"ter t.ble a.t <leplb oil' \Q 11' feet. Moderate : se~na.l bis:h wa.ter ta'blo o.t d.pth of )~ to I;> fe"r.. s."Cl:c: high wa.ter. Sf;"'llire: 1:I.jgb wate.r.- Se,,-ere: high wa;tern Seve:e: s."ere: prolonged. blg:b w&ter table , AbOve 1\ depth of l! foot. Sllgh.t____n__. _._ n Severe: prolonged high v.'lI.ter t.&ble a.bO,,-e .. depth. of ;~ fo.', Se....en~: rapid peTro,eablllty; he.za.rd of watJ:r pollution. Slight.-.--------'-- Severe: l'apid permea.bility i b:s.zard of 'YI,,,,tet pollution. Mod.Q1'a.t~: stabllily. St:lV'ert: rapid . perme9.biUt)'; b.&zard of ~3.t.cr ' 'Pollution. Sc".cre: &e~oD.Dl hJ,lPL \v9.ter tQ.b10 .t dep'h 01 ;1 to l~ f..I. Se....ere: :sea.soa~l bi1:h wo.tp.rta-ble .t d.plh of >> to 1;.4. feet; ho.sard of , V{l\~J' pollution; tuture. Severe; ra.pid per-- mto..bility; ll.a:lio.rd of WlJ,ter pollu" , t1.on. eto'biUty _ _ _ Severe: rapid per- I' mea.bilitYl ha.l~rd of wa.ter poUu~ 1;ioIl. 8t,a.bllit~;__. Sevtre: ;rm.pid per- I me1\bUlty i ha.~a.rd o( water pollu- tior.. {;i:' Severe: ta.pid per- IIlt"bility i hailal'd of w~ter pollu." tion. .",' ~: ~~~ ~~' ~~, ' \:,., :~ ~'~', ' ~,i? i~): -.j' ;~ [; Se'/ere: llita.bility.. -- Severe: rap'id per. mea.bimy j ha.urd of ",'a.t.er pQlla- tion. I.t;. ?.i;;' .~: : " Severe: prolo:D&ed high w&.tftr ta.ble t\bOY~ 0. depth Qr }li fot)t. Slight_____ u_n___. Moderate for troJ1Qt&: .slopetS. ~ligb.t for tents. Severe: sLo\'I" :VC~- nle~bility ll;U~!J()l1.. D.l high. WlIot.cr ta.- bl. .t dep'h of ;; to HI fee'. Severe: $&tldy sur- fo.ce l<J,yer. Severe; Sli-ndy sur- bee layer; slOPes. SEl'/ere: :sand)" 1fUl" fa.oo la.yer; slo~. MQdenl.tc: p.ndy surface layer. I Severe for tto.ilen: \ .lopea. Mode".. fQr tents: slopes i 5sndy surface layer. Slighl__u...n____. SlIgbt.--.....------' ModeL.te: &lop'" 811ght___ ___..'~_~_n_ Sl1gbt-__ _ uu .._____ Moder(l.t~: :Jop~., i ~lQdcra.tc: rsG~oxwl 1Ylo~r~te: liea.soll:tl I high \\'l).te.t table high ,,,,,tor table I a.t depth of )~ to \ llt dQpth of Y; to llHeet. ljlf.... 5ov""O: ..ndy sur- . Severo: .""dy Sn'" fll.ce layer, I fAce la.yor. I Se.vera; sandy sur- fa.ce ~yer. 1 \ Severe: 6&ndv BUr- l fOree layerj &i.opelS, , SCVP.re: sandy s\,\r- fAce ).a.yer. Sl1ght~~...--,--w---- Slight__~__~__.--r-- Modere.te for I "ail...: slop"" .. '. I ~ SHght (Qr ~nt8.. Shgn~_u_._.______'_ IVc"erc for trNle~, SUght-.__M___~__r__ :Moder~t!:; l11o~eSn_1 ~overe: sloPeE. Moder3.te for teat:!. ~ 6lopes. I Sllght____n.n.---- SlighL__._________ SUghL____.n__u. Sligh', &vere; 15~1;I.dJ .!Sur~ !Me layer; slope!;. Mo<klr?obe: fst\ndy lii\lrla.ce llA.yer. Modo:ru.te: .al1dy &\lrla.ne b.yer. Molhre.te; su.ady Sl).T!aoe layat, Moderu.te: lSa.ndy ,w!l.ce lA)"Qr. slopes- SeV'Qrl::l: tieMODo.I high wo.tu ta.ble t\t depth of ~ to 1~ I..t. Bevllre: as.ndy surface 1lI'1~{. Se....ere; sandy surlo.ce la.yer. SeWN: li<l.nd,v a;\ldM& 1.ls.Ye1i sl.opelii. \ ModeJ'ate: :S(l.nd$ surfa.ce ll.\yar. I ~~....~e: 5lopc.s. \ I F~ NRCS/SWCD Rlverhead PHONE NO. 6317273160 Mar. 02 2006 12:03PM P18 SOIL SURVEY T.'BL~ 6.-l1lurpretaticrM oj included in thia tQbl~: l)ft~a.\1s~ their ohe.re.cteF!!rt.ic5 .lire tOe) ~~r~o.ble t~ c~tUnateJ_ are the 1p.isceHl\neous Ia.nd types Be. Cu S. cue. Cu E, . hi hfghlv orpnic -a.nd is not luita.ble for engineering. An a.s~ensk beside the senes. n~me 1D the first column indJoa.tes thAt a.t le...t on. ~t1l)n&, ind tor t.his rea.seD. it Is neoeS$a.ry to foHow C3.refully the instr\ictions for ret'p,.mng to other aeries th&t app,1lJ' tn tho ioU serfeli a.nd mllop 1Jymbols " At.. 00 _.. uu._ 1>00' ad._.__u_u .h<lll1pton: '.lA, BgB_____uu__ I hB, ShC_m_unul ! ice: Cil.__~~..~.____ - "Y iT, CpA, CpC, <:fE, For PlY.Qlouth PI.rt, so. Pl:rmouth serIss. :rotnO'WI "t '~d of tllble. Topsoil Poor: ae.... oonal high wa.tQr ta.blQ; 00.... teJCture. Poor: pro- long.d high wD.ter table; Coa.tSe texture. , GOOdnn_n_/ OoolL _ nun Poor: l3ea.. BOna! hlgh water t&hlei clnyey below & d.p'th of 24 Inches. Poor: COMSO texture. Sui<abili, Poor: ::iiv eoll bou pi.. Not Ii Good .. Y Il.S sourte of-- Soil fe.e.tures a:ft'eotinr- 'ranular FiU Highway Embankment Foundation. tor atel'ial materi.e.1 loc&tion I foundation 1011" bulldlnll'l , 1,1,nder- FAir: under~ SeIlSOno] hi~h StrengGh S.asonal hit. ter Wl\ta:r wn.ter tab e. gen.rnlly ."ter ta. 'i ca.vatiotl.. flXaaVo.tion; "dequatc fOl" low compno.. needs binder high embank- lbl1lly; large in pla.ces. "''''''''; slight oettlemontO ' liettlement. '. posslblo under vibra.. tory loada, unde~" Fair: uncler- Prolon.e;ed high. Stre~h gon- l'rolonll1ld hIp tor Wtl.tcr w1\terta.ble. or Y wate.ria.ble, aavation, I .,xc..'\~atioIl; ~ua.te for loW oomprus- needs binder hlgh embank_ lblIlty. in places, m.n!>; oIif.ht utf.1emen. " below a. Ii a.ir to .a. deptb Shllllow eutl! Strength Low comprl!ll5l.~ th or 5 j or 56 inches; Mvl:l nanunl- generaJ.ly bilitiii poor t, !Silty.1 Goad fOfll:l sub- II.df:!qlltte for ~ lty &bov .. below{i{\ ! grade in high embanle. 5 f..t. Inches but pl1l,l;e.!l. m~"'; ,Uzht .- ne~d~ binder ~ttJemont. in places'. . . excp':$_ Fafl' lO D. depth SeeEa~e :it silt- Strength Low compressj. e BlIos; ()i 48 inches' . t Imtena.cp.; adequate for ~lijror taint! silL,".~ Good' shallow cuts high .mbnnl<- ldel'$ in below 4R have nonuni- ",.nt>; 'llj~ht a.bove r feet; " ..' Inches; Su.o- form sub- El!;~tl6ment.. water may be stl'o.tual g;-ade in peroh.d I compn.ct. TUI pla.cc.s.; tl.bove 151.lb- .. I la.Ye1'S e~eusjve cuts Itr&t1,lm. generAlly ond fills cQntain likely in " Sufficient BhC. " binder. ~, , uitabll.'!.~. '. Not s\litable__u " Sen.'K)nal :hj~b Low stnD.~th: S....no.! hl~b j\'a.tet tab e; l.a.:'ge so tIc- watorta.b ej " fine-textured manto h1zh com- mJ.terioJsj r;..QIQ.!{1~ ; p<l<)r !;t,1I,- f. I bility. ment. f. t I , . . . '. - ~ --I Good, nel!dg Poot'" trallico.bil- Strength ~J)- Low oom~lI$l- " bi~lder in . - ity i extensive eraJly .s.Cle- bility; t. "i: I places, cuts and fills qUl.\te lor .eettlemen ',' likeb-- on hlgh.ll1- poQlQI. 1.mit~ CpC bs.nkments ; unw' " and Cp 1::. $1i~ht settl. v1brntory ., .., m.nt& mod. load; mo&. " , I era.te steap er..tely ste.P I' to ste.p to steep r,' sloft" on s10)'.. on I "n t CoE. ,UnIt CO', .r- " G '" ,. Fair ,va. .x Fa.il': W. ox ',' , .i': ,..~. ,:i' . '.' ,-, '...... ;::'. ,- ~~.= Oood dep fee it J'f, :f ,..... ;?~:.: ~;~~.: '<' ~1; n, oN.,' 1;'10.1 :;t' "'i.;i '-- ';lOc ;,;J !5~ ~,' ir:"'j' -q; '.'i ~i :t1 C\~ rYi ~1 ~;1 ~.l ",'l ~':'.C iil;~ ~. 'r~:- '~~\. :,;,,,t rJ.~~<~ f'~!fJII 'if,t~! .JIi~ '~~~'l ..f~~ . "~~.~. ' 'li1:: :;,.',1 .:~~, ..1,', FROM NRCS/SWCD Riverhead PHONE i'll. 631727316111 SUHOLK CouNTY, NEW YORK Mar. 1112 2111I1I6 12:11I3PM P19 39 ."gintffi1\g properties . rd. F" Gp, M.. Re, Tm. .nd Ur and the graded soil. ,Bm. MIB. MIC, RhB. .nd RhC, ?-luok (Mu) .1'0 i. DO' ioclud.d, bee.u.. .~i>~~1 unlt in th.t .erie. 1. ",.de up of t,,, or more klDd. of ""I. The sOII,ln O\\oh m.pplng unit. m~y h.ve d,tfer,at propo""s .nd ltmi- 'i..., ",lUron] ,'" 'c.-- ';" Farm ponds ',," ~ .!~\!.. 1telJervQ1r ~ : .". t'~. . ,~.o1 high w.,er ': ~,;:: U,blo j fa,p~d . "C:panl'e.bnity. \I-:r.:'-: , ., . d. ;:i~, . "., ~:t~~" " 'i~rolonb..d h1gkl i' ;~., ".,tor ta.ble; rapld ~: ::t..per1tle4billty. *,,:~i.' ~. ;.~;.~. ~\'~ r ,.',RD.pld p..-m.~bilit" ~. ::'. .'in &uhatrat\llIl. i1:e:: :'" :~!;::. ji. ;flApld p..-m..biU,,, \: . ;'::: in la.yers of ::' '~:"&ub:\~r..twn. t:tr ...... :',,' ~g:... f~t, .~;! ~.:. > -:'~ona1 high wat.et :. ~.:.tablei ropid . 'g..,}lemlo.oilltv in 1< X. ma.terit\l below r,; .;~ doptbs of 5 01' 6 A '~it:f"~ in pla.oes. . ~~ .'\Yf':' is.' .:.~ita.pid pexme.o.bility' ~~:~~'modcr&.to and I ~.~:: moderately etaGI> .t;:\.~.to s~ep slopes on \.....uilits CpC a.nd 'i~~ :~l~ .~ ~ E . I"', ~"" $:~:r ~~f ~41'", '.';),'\1\ ~~~~/~ ~;( tt.;? ~;,: .;.~:;;: 'ii...... ;~: r~~.,. 1~;1~J~: Elnb&nkment 2 Fall' to poor resist.- .nce to elping; fair St&bllLt:,; modera.t.e to l1lgb permeAbility. Poor rui$ta.noe to . piping; fe.1r 3ta.btlit)"; nl.oder~ .te to hii!!' permeliobility, PCJOT rcsist1\lU..-e t<1 piping; moderate I permeability; poor I to fa.lr compMtion I cha.racterlstiCS. )'00'(' res:j5ta,nce to piping; poor sto.bilit). ~l'l.d cqul~ paction cha.ra.ctcr- Jsttcs &bove t\. depth of 48 iacbes, F;1.ir t.o poor sUI," biUty; 10"" to mOd-I cr~te perme- a.bllity; poor I "rorJr.l1.bility. \ :Fa-it to poor resi!3t- &nee to pipingj fair $t8.bilitYi high permeabllity- Soil fel\tul't",s 3.ft'octing--Continued Agricultu1eJ. . dra.bl&s:e Seasonal high \vater t.ble' limited outlotsi unst.L\.blB cut lilopoo, Prolongod ni!;h ""awr ttLbte; lirniwd outlets; unst30blo cut slope". W i'lll drai1'lt'.d to mod(U'o.tell). WEll dra.IUQd; poor !It.'l.bilit)". Wen dt3.ined tu modera~teJ'~ well dl's.inedj J,oo:r sta.bllit.y; slope of . Sh C \mhwnro.ble in !:lOtn~ o.re.ui>. So:uona.l high wn.ter t.a..1;lle; li}'nit~d outlet.!S; f:.\ir to pOOt sb1.bUlt:r in cut slopes. E:'I:cL'$sjvely drt\.ined; n<Jt ~pplic&bLe. Irriga.tion VerY low Q.va.ila.bla moistur6 oapa.city; I .....,nlll nigh wa.ter .tabl'j r,-pid water In~kc. prolong.d nfgh w..ter t,$,blc i ....-ery low D.vs.llil.b\ft moisture capacit~~; ra.pid wa.ter intake. No unfll.vora.bJp. fe~tt1res. No unla,,'ornble fea.t\ITeS except .lope of ehC, SoaSQtulJ htgh wa.ter table i lo\v wa,t.Cr inta.ke. Ven low ava.ilable moisture cApacity; ra.pld water in.. talte; moderate and moders.tt1'1 Ilwep to ew::p ~ slopes on C pC a.nd Cp E, -I Diversion. I Nearly level saHli j lO'\V,tert.iHtYi liIm~ed outlet!;.. Nearly level SOU~; DO outletS j 10..... fertility. I UnEto.ble Qmbn,nk- ments j su~~ptible to soH blowing andsilta.tJQ1"l.. I i i I I Uf):!lltahle eItl.bs.nI(~ U1CIlt!t; S\1$ocl'tible .to soil blo,ving . 8.ndsilta.tion. N ea.rly level soiis i Hmit4d outlet.!'. Sa.nd)"! ra.pid per. nlea.bility; diffi.. oult to ~t/l.blli;h and m~inte.ln oover plants; steep slopes o.c. ROrlioI1!i ot unit CpE. Waterways N'e~rly levelsotl!; seasonal high W'o.ter ta.b1ej low fertlll'y; verv low..vD.il3.bla moisture co.pa.citt. NelLIly levEl soib; prolonged high w...ter tfLbl8; low fert.ilitYi very low &vQ.ilabl.8 JD,oisture c,'lpacity. Highlyerodiblei I silta.tion of ehonne!J;. , I Ii Hi~bly erodIble; slltation of clinnnels. N ea.rly level soUa; se",olUll high W3.ter tabl.. Col\l'se-textured soil; difficult to estllobliA:h a.nd malntain cover pls.nt.s: moderately fit0ep to steep sloplilii on unit CpEj v&r)' 'low a..va.il~blt moistu~ Ml'll.oitJ" . . .,.~......."...; "--.....~.-.;;.\' ,~..".._."......,.~~..,.. .P,"" '.........,...:...-'......_~ v---f Office Location: Mailin2 Address: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net FROM: Mark Terry, LWRP Coordinator, Town of Southold Ruth D. Oliva, ZBA Chairwoman 7~ BOARD OF APPEALS ":::;---'~7 TOWN OF SOUTHOLD I ,~''',EC, \ \\ ThL <"1)765-'809 Fu <"1)765- f D. ~ ii:_~J_~_~, ~ 11 I "JAN 2 7 2006 ! ~ .~ 'l,{b,._~. Southold Town Planni Board MEMO (INTER-DEPARTMENTAL) TO: DATE: January 27, 2006 . ..........-........... -' _d.. RE: ZBA #5846 - Recent Active Site Activities/Proposed Dwelling (1000-83-1-12 of N. Aliano) Transmitted for review under the LWRP are a complete set of documents for your review and determination of consistency and recommendations. Included are engineer's reports obtained by the owner and related documentation. Please note that the applicant's attorney and engineer indicates that the site is stable, however, unpredictable future weather conditions may cause flooding and erosion. Extensive site activities were taken at the site (prior to and after the issuance of a Stop Work Order for a building permit that was issued in error). The applicant's attorney has advised our department that if they aren't able to install a sanitary system, then the activities related to construction and completion of the retaining walls would be delayed. The applicant has indicated that the bluff retaining walls shown on the permit approved by the Town Trustees are not able to be completed, although they have approval from the Health Department for the location shown in the building permit. The applicants wish, however, to build the sanitary system before they complete the retaining walls. The applicant has submitted a rough sketch for additional (front yard) relief, increasing the setback from the sound bluff, which sketch is different than the building areas previously / approved under the agency permits. Thank you. Encls. S", - I) 7-31/0 \)~v<---' I~ \) / Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-9502 Telephone (631) 765-1802 BUILDING DEPARTMENT TOWN OF SOUTHOLD STOP WORK ORDER To: NICHOLAS ALIANO 11 SAILOR COURT MILLER PLACE, N.Y. 11764 YOU ARE HEREBY NOTIFIED TO SUSPEND ALL WORK AT: 3705 DUCK POND ROAD. CUTCHOGUE. N.Y. TAX MAP NUMBER -1000-83-1-12 Pursuant to Section 100-239.4A-1 of the Code of the Town of South old, New York, you are notified to immediately suspend all work and building activities until this order has been rescinded. BASIS OF STOP WORK ORDER: ALL CONSTRUCTION TO BE 100 FEET BACK FROM THE BLUFF. ZONING BOARD OF APPEALS REOUlRED. CONDITIONS UNDER WHICH WORK MAY BE RESUMED: WHEN A VARIANCE IS GRANTED FROM THE ZONING BOARD OF APPEALS. Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. ~ DATED: January 5, 2006 EDWARD J. FO TER DIRECTOR OF CODE ENFORCEMENT (Cert. Mail) 24 06 03:08p HAWKINS WEBB JAEGER 6317327760 p.2 [I ESTAB. 1872 HAWKINS WEBB JAEGER PLLC ENGINEERS . ARCHITECTS. SURVEYORS. PLANNERS WILLIAM L. JAEGER II, P.E., L.S MATTHEW D. CRANE L.S EDWARD R. MILLER, AlA FRANCIS A. HAWKINS 1913 HERMAN P. HA~INS 1962 CHAR~ES S. WEBB JR. L.S 2004 January 24, 2006 (revised) Nicholas Aliano 970 Route # 25A Miller Place. New York 11764 Re: (05-190) - Foundation inspection for new construction on tax parcel # 1000-83-1-11 & 12 Dear Mr. Aliano: On January 9 and January 24, 2006, I inspected the structural soundness of the foundation, evaluated the bhiffstability and calculated the height of the proposed residence on the abovc referenced tax parcel located in Cutchogue, New York. The foundation was constructed on a relatively flat portion of the subject parcel which has a slope with a maximum pitch of 1 on 2 commencing just off the rear wall of the foundation. The lot has an upper soil stratum of silty sand and a lower stratum of fine to coarse sand (based upon a test hole by Mc Donald Geoscience). The topographic and foundation location surveys reveal that the rear wall of the foundation was constructed where the lowest natural grade was at elevation 52.0. The foundation footing along the rear and right rear walls is 12" thick steel reinforced on a 2' spread footing that steps from 2' to 6' and could be seen to be well into virgin soil. The foundation location survey reveals that the top of footing (top of foundation stem wall) for this foundation is at elevation 54.6, which places the bottom of the footing 4'-6' into virgin soil. The left side of the foundation is about 42' from the top of a 45' high bluff which has a slope of approximately I on 1.2. The base of this bluff is approximately at elevation 9 and the bottom of the footing adjacent to (and 42' from) the bluff is at elevation 54 making the footing 45' above and 96' from the base of the bluff, which makes the theoretical slope from the foundation footing to the toe of bluff a 1 on 2.1 slope.;.,. '-1/ Based upon the topography, the foundation elevation, and the reported nature of construction, I find that the bottom of the footing was constructed on virgin soil uphill from a slope of I on 2 to the rear and above a theoretical slope of I on 2.1 from the toe of the bluff. The soil bearing capacity for the material on this site is about 2 ton per square foot and its' natural slope of repose is approximately I on 1.5. Therefore, based upon the information provided, the foundation is resting on structurally adequate material and the radiation of the loading is fully within the surrounding material. 3239 Route 112 - Bid". 8- Suite 1. Medford. NY 11763 PHONE (631) 732-7777I'AX (631) 732-7760 Visit our web site at www.hwiaeaer.Com 24 06 03:08p -" HAWKINS WEBB JAEGER 6317327760 p.3 The code defined building height was determined by calculating the average pre-construction elevation of site at the proposed building location and subtracting it /Tom the ridge height of the proposed residence (all elevations are based upon survey data provided by Peconic Surveyors P.c.). An analysis of the existing elevation of the site at the proposed building location revealed that the average preconstruction elevation surrounding the proposed building was 58.3'. The elevation of the top of the foundation footing was 54.6', and the height of the building /Tom the top ofthe foundation footing to the ridge based upon the proposed plans was 37'9" (37.75'). This makes the elevation of the ridge 92.35' and the height of the ridge above the average grade 34.05' which is less than the 35' permitted by c;ode. In addition, I inspected the bluff fronting on Long Island Sound. This bluffhas a maximum height of 54' based upon the record survey. The bluff is currently unstable with no toe control and some vegetated overburden. The height of the slope decreases from its maximwn height at the westerly property line to "zero" at its easterly property line. The current bluff instability is unrelated to tlte construction of tlte foundation on the subject property and is caused by toe erosion and a lack of vegetation on the bluff. The existing foundation was constructed 42' /Tom the top ofa 51' high portion of the bluffwitlt a top of footing elevation of 54.6' which places the bottom of footing approximately 45' above the' elevation oftlte toe oftlte bluff. Based upon this inspection I recommend that toe protection be provided for the bluff as well as re-vegetation of the face to assure its' long term stability. The toe protection could take the form ofbulkheading as provided for the property to the east, or gabions or otlter stone based toe control which is currently preferred by the N. Y.S.D.E.C. Regardless of the type of toe protection selected it is important that it be tied into the toe bulkheading on the property to the west. Both the toe protection and slope vegetation would require design and specifications and would require approval by the N. Y.S.D.E.C. as well as likely review by the Town Of South old. Should you have any questions, or wish something additional please feel free to call. Sincerely, -' " ":':-~'.':.::~-,~~~~~~7~};:~':-:~};: . '.~.:. c,; 1~iir;: ..~ ; :';-~:';;,~;:.~:~.:~~\.~~~~i~:-'> ~ William L. J Document 01/24/06 Page 2 of2 io ," . . -~ m~,f ~ PATRICIA C.MOORE Attorney at Law 51020 Main Road Southold, New York 11971 --tf3 ~\.fb Tel: (631) 765-4330 Fax: (631) 765-4643 January 25, 2006 \ Margaret Rutkowski ,Betsy Perkins I ,,~~ , Southold Town zoning Board of Appeals Ruth Oliva, Chairwoman J. Southold Town Hall ~ 53095 Main Road L I )( Southold, NY 11971 ,~\ (~ '\' Re: Allano Va la e (1) variahce rom B u f (2) variabce from fr nt yard (alternative relief) Dear Chairwoman and Boar~s: We ask for your consideration in this application because a "Stop Work Order" was issued after excavation of the site and foundation begun. A building permi t was issued in error, a variance from the bluff was required prior to construction. The site is at present stable, however, unpredictable weather conditioJ;1'S may impact the site and cause flooding and erosion. We would rispectfully request that the Board place this matter on your next hearing calender (Feb/March) so that the issues are addressed and variance be considered. Enclosed please find original and 6 packets of the following documents: -f,bPAl. ,. ~ $2. ~6) ~JJ.'~ ([/ Notice of disapproval January 5th issued for bluff setback, January 13th amended to include alternative location of house which requires a front yard variance); Building Permit and Stop Work Order; Opinion letter from the Engineer regarding the structural integrity of the site, height of the house, and stability of the bluff; Survey of the property wi th proposed house presently under construction (no front yard variance will be required if variance from bluff as constructed under building permit #31583 is granted) The location of the footings was verified by peconic Surveyors and received today; $vfs. 'II\~ .If ~. ~ 7 . 8. 9. ~10. ~\"'o..tll. ~ "+12. Y: 13. 14. ~JJ 6Y "/ me. Variance Application for Variance from Bluff (variance from setback to bluff - no front yard variance is required); Variance Application for front yard setback (in the event of alternative relief the variance is included in the public hearing notice) with a copy of the survey with a new building envelope; questionnaire & project description; Transactional disclosure form; Short EAF; Cross section showing height of house; Copy of House Plans approved by the Building Department; Copy of DEC permit; Copy of Trustees permit; My client's check for two variances; Photographs of the property; If you need anything else please do not hesitate to contact yours, cc: Mr. Aliano -, Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 tJt.' Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT Permit #6113 Date: April 20, 2005 SCTM# 83-1-11,12 Name of Applicant/Agent: Cramer Consulting Group Name of Permittee: Nicholas Aliano Address of Permittee: 970 Route 25A, Miller Place, NY 11764 Property Located: 3705 Duck Pond Rd, end of east side of Glen Court, Cutchogue DESCRIPTION OF ACTIVITY: Permit to construct a single family dwelling and retaining walls with the condition of drywells to contain runoff and plantings seaward of the retaining walls after construction and all as depicted on the plans surveyed by Peconic Surveyors and last dated Aug. 31,2005. Permit to construct and complete project will expire two years from the date the permit is signed. SPECIAL CONDITIONS: (apply if marked) / Bluff restoration through a re-vegetation plan is a necessary special condition of this permit. _ A relocation agreement is attached hereto and is a necessary special condition of this permit. _ A maintenance agreement is attached with application and is a necessary special condition of th is perm it. Albert J. Krupski, Jr. President, Board of Trustees AJKlhkc ~--'-'- Albert J. Krupski, President James King, Vice-President Artie Fester Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765.1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. ~I---"(J e ('t\~ t ti- (0 l b INSPECTION SCHEDULE Pre-construction, hay bale line 1 st day of construction y. constructed ,/ Project complete, compliance inspection. , , PATRICIA C.MOORE Attorney at Law 51020 Main Road Southold, New York 11971 ~ . . \ Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Betsy Perkins Secretary January 26, 2006 Southold Town Zoning Board of Appeals Ruth Oliva, Chairwoman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Aliano Variance (1) Variance from Bluff (2) Variance from front yard (alternative relief) Dear Chairwoman and Board members: Enclosed please find planting plan required as a condition of the Trustees permit prior to issuance of the certificate of occupancy. In anticipation of the Zoning Board hearing Cramer Consulting Group completed the planting plan immediately. If you need anything else please do not hesitate to contact me. V~~'!- ~y /~ ~. / .r::; L- ricia C. yours I Moore cc: Southold Town Trustees Mr. Aliano OVERALL SITE 10",0 ,:>0 o",G \) ~o ,,:>\.f>' ~ ~ -<l ~ " ~ t> t (0-" v Proposed Retaining Wans Each Approx. 4' High , r1 10' 'N 30' oW' \.0"'; 0 s......,.i"""""""fforn I'ECONIC SUflVEYORS. P.t p.oeox9O!l 1230 TRAVEtER STREET SOUTHOlO.N.Y.'1gr1 .Iar1lJ1/)13.3lO4 "i€6-- ~~S:-5~~-=~:;r~~ (d3l)476.09<< 10<<-' cO -\ LOT NUMBERS REFER TO"WPOF VlSTA BLUFP FILED WlRCH 15. 1988 AS FILE NO, 5060. G\.~'" \ ';;,,"'- ELEVATlOlllSREFERENCEOTON,GVD 1000....'\3.-:)1-1; fl'-=<'::: ,,".f)A7'4 ~:O FT TO TiE Uf',IE !000-33..0~..11 N=<.E.;." J.t:,).:J '.;G, F, Tn TiE LH"E ", , PLANTING NOTES: Appropri.te -..osIon control musu.... to be taken to precent erosion of slope and silting of lIdJoInlng property and roads. Measu.... to Include, but not limited to. swcked straw b81.., slit screen fencln;, mulching, etc. erosIon control meaSl.l.... to be constantly monftored and appropriate steps tlIken to Immediately correct and/or rtlpalr to provide proper protection. Erosion control measures to remain I"effect until slope Is stablllHd with vegetation. Where possIble, axlstlng trees. shrubs, stumps ....d roots to remain on slope to provide 8b1blllly, provide opportunity for addition" plant growth and I'8stabllshment of previous vegetation. Slope to be hyd~ Immediately after final grading. Hydro-seedlng 8PPllcatiuon and mixture to be according to manufacturer's specifications. SUitable plant matarlal can be substituted for plant material specified on this planting plan only with the approval of the landscape architect. Plant materfal to be monltoM fot a two year perlod to assure a minimum SUrvival rate of 80% during that period. Proposed lawn erN to be sod. .... Loo>o~: lhq'tC#. AUH01 IDote: 01126106 PLANTING PLAN ALIANO AT CUTCHOGUE 810 Glenn Court, w/o Duck Pond Road, Cutchogue. Town of SOuthold TeL..#: 1000-83-1-11 & 12 ~Io: As Scaled I DeIip<l~ 1WC Dr_lye lWC IR-- a.eca4.l1y: 11-' ~ 3 --, ",,--' - \ /,,--,' ..... )(--,/ ,.....\/ \ \ \ \ \ \ , \ \ \ \ \ \ \ \ \ \ \ , \ \ \ \, \ \ \ \ )<:-,.\ .. /~\ '. It. \ \ \ \ \ ~ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ' .."" \ \ \ \ J~R~ ", \ \ '. \ \ ''IS' ~, \ 2Il~k\ \ \ \ \ \ \ \ \ 3~ \ \ , \ , I \ I "- , ' ~ "" I ' I ' I l~.Pl,l PLANT LAYOUT PLAN Proposed Retaining Walls Each Approx. 4' High f:j I :;1 "; -<I "'0 :00 "<>0;>- ~ I iS1. ~ "0 <S> ;; ~,'c~i~",- '" ~: : , I 30' 40' 0' 10' 20' ", ... "- '& 1 I I 101- PM Cramer ConsulUng Group 01126106 PLANTING PLAN ALIANO AT CUTCHOGUE Sheet 2 of 3 PLANT SCHEDULE ~bol Scientific Name Common Name JV _ Juniperus vir iniana Eastern Redcedar I:~r::--i ~~:~~~~~~~ani~:_j~~~:~nR:~b(l~&- RRS i Rosa Ru osa I Ru osa Rose RA Rhus_ Aromatica_._______ Erangrant Sumac PM Prunus maritime Beach Ph,/m ____J -----.-----.-.T-------- ! Size , Quantity! ; 6-7' I 17 1 18-24" 35 18-24" 78 6-12" 40 I 12-18" 20..:-l 18-24" 47 :=J PLANTING DETAILS Planting on Slope Detail 8"Min. Note: Seeoth.... Planting Delails lor mo~ information. NoIlo !IC~le. SlopClOrorm5-11JCC1'" 4"'moond""'".oll'llJP=ofplt l'~nl(Jofhorl,qlbal1 l"l1llsltelle:rJIlk .0 RoGIbaII .' LooIallJ3otburlapball . ..' Baddlll mi.", . aspe:rspus ~CtdltStakes minimum tfootiatoundlsturbcdso'ls. Shrub Planting Detail '"'loR.... Evergreen Planting Detail NOll"..... Note: Trees to be staktdwltll shol1 $IakCS OR 10111 cedlrJtlltes as lhown. , -, Cramer Consulting Group 01/26/06 PLANTING PLAN ALIANO AT CUTCHOGUE Sheet 2 of 3 , i I "I APPLICA nON TO THE SOUTHOLD TOWN BOARD OF APPEALS ~een_~ (~'/~~;I~:~~~-W" Office Notes: ~U"".-______n. .l) For Gjllet: Lise Onl)' p. . Date Assigned/Assignment No._ i ,-. u I '. ;:~ . '--' Parcel Location: HOllse N031t:1S" Street lUJc P<1nd /2()a{} Hamlet Cu..k:Iw'JU< SCTM 1000 Section-1'3-B1ockLLot(s) /2 Lot Size 3~32L{Lolle District IZ-tjo I (WE) APPEAL THE WRITTEN DETERMINA nON OF THE BUILDING INSPECTOR DATED: \Jcuwa.,"l 13, 2oo~ ApplicalltIOwner(s): NIck.. /11t~no Mailing Address: /1 Sa Ilor G"Jv,r t: PltlJu Place. f\At /17/"'/ Telephone:~) 7 "1'1 - S-o dc> t:-<.t- Zo / - NOTE: If applicant is flot the owner, slate if applicant is owner's aUoruey, agent, architect, builder, contract vendee, etc. Authorized Representative: f A-nu U A C Address: 6/020 mff//V tZoAP Telephone: 1>3/- ?/:-S-: t/83o /YloolZG ~~. .5Ou7H'OU> IV-! 1/171 Please specify who you wish correspoudence to be mailed to, from the above listed J\am~s: o ApplieantIOwner(s) ~uthorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED Jau.Ut:I VI 'I kJP,6 FOR: >>Building Permit o Certificate of Occupancy 0 Pre-Certificate of Occupancy o Change of Use o Permit for As-Built Constructiou o Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article )()( V I Section 100- 2.-'1'1 Subsection Type of Appeal. An Appeal is made for: rf,A Variance to the Zoning Code or Zoning Map, o A Variance due to lack of access required by New York Town Law-Section 2BO-A. o Interpretation of the Town Code, Article Section o Reversal or Other A prior appea]~ has Kj has not been made with respect to this property UNDER Appeal No._Year . ormlJt.T-1MCt/f>t-y 1-13-01> , Reason for Appeal Continued Zoning Board of Appeals reo Nicholas Aliano (variance from front yard) Pursuant to Town Law section 267b-3 the Southold Town zoning Board of Appeals is to analyze and assess the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the effected neighborhood or community. In performing this balancing test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Town Law Section 267b-3(b) The variance should be granted for the following reasons: 1. No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if the variance is granted. In order to provide alternative relief for variance from Bluff the only location available is by pushing the house toward the street and away from the bluff. While this relief is sought in this appeal it is not the preferred alternative. The relocation of the house 30 feet from the front yard will require new footings and revisions to the building permit. The foot print would now require the house to be turned and the plans amended to preserve the views of the Long Island Sound. 2. The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance. A variance from the bluff is being requested, in order to maximize the distance to the bluff a variance from the front yard would be required. 3. The area variance is not substantial The application of the balancing test weighs in favor of the grant of the variance. The required front yard setback is 40, a 30 foot front yard setback would not create a significant change to the character of the neighborhood. The parcel fronts a cul- de-sac, only 45 linear feet of the front yard fronts the along Glen Court. The adj acent (SCTM#1000-83-1-13) fronts Duck Pond Road. Therefore, the reduced front yard setback of the proposed house will not be noticeable. 4. The variance will have no adverse physical or environmental conditions district. effect or impact on the in the neighborhood or In 1968 front yard setbacks were 35 feet and there was no restriction on setback to the bluff. The variance for a 30 foot front yard is not significantly greater than the setbacks required when this subdivision was filed. I 5. The alleged difficulty was not self-created. The applicant is requesting this variance only as a last alternative, the location of the house under the building permit which was issued in error is primarily the relief requested. All other permits were obtained, the alternative relief can not interfere with the location of the sanitary system. The well and septic location must be maintained at 150 feet and the sanitary rings must be kept at the appropriate distance to the house. 6. The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant. The house plans are approved, the survey work completed, the property cleared and footings constructed. To require the house to move back away from the bluff would be a significant financial burden on the applicant and cause greater disturbance to the property. The location of the house, presently, is stable and at a safe distance to the bluff. We respectfully request that together wi th any furth reasonable. /" appeal be granted as applied, hat is deemed necessary and State of New York ) )ss County of Suffolk ) Sworn to this /7 day oF ..:;rt'J-N") ;).00 E . :x~~~~ MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified In SUffolk COu~ Commission Expires June 3, ~ '7 ';. , i , "t APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Fee: $ Filed By: Fol' Office [he Only Date Assigned/Assignment No. Office Notes; Parcel Location: Honse No.31bf" Street Duck ~/ld a- Hamlet Cu:tchorue. SCTM 1000 SectionaBlockLLot(s) /2. Lot Size 3{3;;J.Y Zone District 12-1/0 I (WE) APPEAL THE WRITTEN DETERMINA nON OF THE BUILDING INSPECTOR DATED: \JMvllay 5; vx>r,. am-.u"/ JUA'lAr~ /3, Zoo?> Applicant/Owner(s): Ntc.IC ,t'}.po/J 0 Mailing Address: 1/ 5a,/or c/::'vrc. /J1(/ler Place , t()) -Ii'" 7 '1'1 ~OOO M- .;20/ IVY /17" 'I Telephone: NOTE: If applicant is lIollhe owner, stale if applicanl is owner's attorney, agent, architect, huilder, contl.acl vendee, etc. Authorized Representative: frfrrz-<c/-4- c mOO/Je e;r9. Telephone: (, '81 - 76S: '-/:? 30 SoC/J"HOW . CA)C 7 t:>J- 'I~ L/ 3 Address: ,"'iIoZo n7kN 12-o+D. , Please specify who you wish correspondence to be mailed to, frolll the above listed nam~s: o Applicant/Owner(s) ~Authorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED <..1<lIW~t..UJot. FOR: C.snf Ore. Cl.det>) ~Building Permit If>?//Ld /I-J/-(J5 11.3/58/ o Certificate of Occupancy 0 Pre-Certificate of Occupancy o Change of Use o Permit for As-Built Construction o Other: Provision of the Zoning Qrdinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by nu'i'ilJbers. Do not quote the code. Article '><7<.111 Section 100-z~.'1 Subsection A. I Type of Appeal. An Appeal is made for: ~ A Variance to the Zoning Code or Zoning Map. o A Variance due to lack of access required by New York Town Law-Section 280-A. o Interpretation of the Town Code, Article Section o Reversal or Other A prior appeal 0 has Illhas not been made with respect to this property UNDER Appeal No. _Year . Reason for Appeal Continued Zoning Board of Appeals reo Nicholas Aliano (variance from bluff) Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and assess the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the effected neighborhood or community. In performing this balancing test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Town Law Section 267b-3(b) The variance should be granted for the following reasons: 1. No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if the variance is granted. The applicant obtained Trustees, Health Department, DEC non- jurisdiction determination and a building permit. However, the building permit was issued in error because the setback to the Bluff required a variance. This lot is on Map of Vista Bluff filed in the County Clerk in 1968. The lot is adjacent to the Bluff on the Long Island Sound, the proposed house and retaining walls were reviewed and approved by the Southold Town Trustees who granted a Coastal Erosion Hazard Permit. The House is landward of the Coastal Erosion Hazard Line. While the lot is over % acre in size the buildable area is restricted by the bluff and the topography of the property adjacent to Duck Pond Road. The location of the house was further restricted by compliance with front yard setback of 40 feet, side yard of 15 feet and Health Department regulations restricting distance of well to sanitary. The Health Department required retaining walls on the east side of the property for the sanitary rings. The house was located in line with the adjacent properties and in character with the neighboring homes. The applicant was constructing on two other properties and all the construction was scheduled to be coordinated for both efficiency and cost savings. This house has been stopped due to the need for a variance. 2. The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance. The house was constructed in conformance with the building permit, unfortunately the building permit was issued in error. The lot was cleared for construction and footings poured. The relocation or removal of the footings will be expensive and cause further disturbance to the property. The owner has taken great care to confirm with his engineer that the proposed location of the house and construction of the footings will not cause de-stabilization of the bluff. The engineer's report is included in this application for the Board's information. , ' . 3. The area variance is not substantial The application of the balancing test weighs in favor of the grant of the variance. The lot predates the ordinance which requires setback of 100 feet from the bluff. The buildable area is approximately 75 feet in width, therefore a house could not be constructed without a variance from the bluff setback. In addition, the house could not be moved away from the bluff without violating a front yard setback. Because no matter which direction the house is located a variance is required, simultaneously with this application a front yard variance is submitted. In the event that the house is moved away from the bluff, the appeal will not be delayed due to relocation of the house. 4. The physical district. variance will have no adverse effect or impact on the or environmental conditions in the neighborhood or The water front houses in this subdivision can not be built 100 feet from the top of the bluff because the lots are not large enough. The bluff in this area is vegetated and stable. Retaining walls and planting plans are proposed which will prevent any erosion of the property. 5. The alleged difficulty was not self-created. The permit was issued in error at no fault of the owner. All other permits were obtained. 6. The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant. The house plans are approved, the survey work completed, the property cleared and footings constructed. To require the house to move back away from the bluff would be a significant financial burden on the applicant and cause greater disturbance to the property. We respectfully request that together wi th any further reasonable. the appeal be granted as applied, that is deemed necessary and State of New York ) )ss County of Suffolk ) Sworn to this ('7dayoFJ-IlN'Jd-OoG ~r'.-~~ Not ry Public MARGARET C. RUTKOWSKI Notary Public, Slale 01 New York No. 4982528 Qualllled In SUffolk Counly .fJM~ Commission ExpIres June 3. ~ 7 ') ') QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? ~ Y t:.-r ) DYes DNo{7/fJO) Are there any proposals to change or alter land cOr.!tours? ;;." hvdu4.L ~ Il!lYes DNo /'2vhfnfit1. wattf> //lSkdUoI .$ a 'llea:tIA f}:fClf~ ~ ~ r / I) Are there any areas that contain wetland grasses? laMe:! .)()P/lq 2) Are the wetland areas shown on the map submitted with this app ication? t J:'S . 3) Is the property bulk headed between the wetlands area and the upland building area? fro 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? 7~ WrJIrZ/ Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? 1114 (If not applicable, state "n/a".) B. C. D. E. Are there any patios, concrete barriers, bulkheads or fences that.exist and are not shown on the survey map that you are subrnitting? (bvAdahtn1 (If none exist, please state "none".) F. Do you have any construction taking place at this time concerning your premises? Yes If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. Do you or any co-owner also own other land close to this parcel? Ves. If yes, please explain whereorsubmitcopieso~deeds. ~t:o/()'IUd- ~ ::3 ~~..s no S<4:.dW/Sfn> ~<j oS ffllA.dian"'Ot/S t./. Please list present use or operations conducted at this p<6'cel P..A /dJ" 4Uh'e.J f,/;1 ~ 'io{., ~ and proposed use l2.e4a:e"A1 ,,~ G. H. orized Signature and Date ( ~c..(NH5/ , . FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: January 5, 2006 AMENDED: January 13, 2006 TO: Nicholas Aliano 970 Route 25A Miller Place, NY 11764 Please take notice that your permit dated January 5, 2006 For permit for construction of a new single familv dwelling at Location of property: 3705 Duck Pond Road. Cutchogue County Tax Map No.1 000 - Section 83 Block~ Lot .l2 Is returned herewith and disapproved on the following grounds: The building department issued permit #31581Z in error. because the proposed construction is not permitted pursuant to Article XXIII Section 100-239.4 A(1) which states: "All buildings located on lots adiacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one hundred (100) feet from the top of such bluff or bank." The proposed construction notes a +/- 40-foot setback from the top of the bluff. Alternativelv. the applicant to wishes to extend their front yard setback to 30 feet. which is not permitted pursuant to Article XXVI Section 100-244. which states that non-conforminl! lots. measurinl! between 20.000 square feet and 39.999 square feet in total size. require a minimum front yard setback of 40 feet. This Notice of Disapproval was amended on Januarv 13.2006 at the request of the applicant. . Note to Applicant: Any change or deviation to the above referenced application, may reqnire fnrther review by the Sonthold Town Building Department. cc: file, Z.B.A. ~ /( ") \ Q\f v ([R\~nlC~ (O[M]j~ll~[M](Q] (Q][R\o~r , Z/Z'l"Jo ~ Complete Land Use Sctvices h Including Planning, Design and Environmental P.O. Box 5535 Miller Place, New York 11764 Telephone (631)476-0984 - Fax (631) 476-6933 Thomas W. Cramer, Principal April 3, 2006 ~~\D~ Ms. Ruth Oliver Chairman Town of Southold Zoning Board of Appeals 53095 Route 25 Southold, New York 11971-0959 Re: Nicholas Aliano Town of South old Zoning Board of Appeals #5846 Dear Ms. Oliver: While I distributed copies of my rebuttals to the letters for the above referenced application to the Board at the hearing last week, I realized I did not formally put them in the record. I, therefore, wish to submit the following documents for the record: . L WRP Consistency Review from Cramer Consulting Group to Patricia Moore, Esq. dated March 23, 2006; . Soil and Water Conservation District from Cramer Consulting Group to Patricia Moore, Esq. dated March 23, 2006; . Response to e-mail from John J. Kalas by Cramer Consulting Group to Patricia Moore, Esq. dated March 28, 2006. If you have any questions regarding the enclosed letters, pie TWC/el Ene. CC: Patricia Moore, Esq. Mr. Nicholas Aliano l/ at 17 f' "-'('U J ," (~~n[~ (OlNJj~L l~lNJCQ] CQ]~O~f Complete land Use Services --Including Planning, Design and Environmental P.O. Box 5535 Miller Place, New York 11764 Telephone (631)476-0984 - Fax (631) 476-6933 Thomas W. Cramer, Principal March 23, 2006 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Re: LWRP Consistency Review -- Proposed Residence of Nicholas Aliano Town of Southold BZA #5846 SCTM #1000-83-1-12 Dear Pat: As per your request, the following are my comments with regard to Mr. Mark Terry's L WRP Consistency Review letter dated March 3, 2006 (revised). The Town of South old Local Waterfront Revitalization Plan (LWRP), and the 13 policies and standards within it, is a refinement of the New York State Department of State's (NYSDOS) 44 Coastal Policies. I am thoroughly familiar with the NYSDOS' program and the rigorous process the towns go through to assure consistency with the State's plan. I have both instructed and been a guest speaker at a number of workshops and symposiums for the NYSDOS on the L WRP program. In addition, I was Director of Environmental Protection and Commissioner of Planning, Environmental and Development in the Town ofBrookbaven. In those capacities I was the chief executive officer in charge of the implementation of Brookbaven' s L WRP. Because of Brookbaven's vast size and the differences in the various coastlines found within the Town, we chose to implement the L WRP program by developing a number of detailed L WRPs to address the various sub-regions in Brookbaven. Furthermore, I have provided consulting services to numerous private clients and municipalities throughout Long Island, many dealing with the various local L WRPs. I am thoroughly familiar with the NYSDOS' program, which is the basis of South old's program, and have worked with and reviewed the Town's LWRP numerous times in the past. For your use and information, I am providing a copy of my curriculum vitae (attached). The Town's document was developed to provide an "appropriate balance between economic development and the preservation that will permit beneficial (sic) use of and prevent adverse effects on Southold's coastal resources ". As stated above, the Town has culled the 44 NYSDOS policies down to 13 that are relevant to Southold. These 13 are categorized into four groups in the L WRP. The categories are useful in determining consistency to the L WRP, depending on the type of project and its location and setting within the coastal zone. The categories are as follows: . Developed Coast Policies . Natural Coast Policies . Public Coast Policies . Working Coast Policies d- " Each of the policies, within the categories, is provided with a narrative as to its relevance to Southold. They are then followed by a set of policy standards to aid and provide guidance in development within the coastal zone. It is these standards and how the proj ect is proposed according to them that would determine consistency to the Town's L WRP. With regard to the L WRP Consistency Review letter dated March 3, 2006 (revised), it is presented that the project is not consistent with only four (4) ofthe thirteen policies. However, the project is not inconsistent with the LWRP as will be presented below. There are several basic issues presented in the March 3rd letter that are incorrect with regard to the proposed project. First, in review of the various surveys on the site, Mr. Terry makes reference to the "concrete" retaining walls. The surveys show a full crib "timber" retaining wall system for the site. Construction details also are provided on the plans for the timber wall(s). Concrete walls have never been proposed, this is an error on the part of the reviewer. As presented at the ZBA public hearing of March 2, 2006 for this project, the February 14, 2006 survey (referred to as "Survey B" in Mr. Terry's letter) is the proposed project at this time. On the top of page 2 of his letter Mr. Terry states that the proposed house is located 42 feet from the top of the bluff. This is not correct. The proposed residence is located 50 feet from the top of the bluff. The survey does show the existing footings on site that were installed in conformance with the previously approved building permit, but which will not be used for the revised house location. The previously approved building permit survey, dated January 18, 2006 (referred to as "Survey A" in Mr. Terry's letter) located the house 42 feet from the bluff. As presented at the hearing, the new house will be setback an additional 8 feet from the bluff and the old footings will be abandoned in place. Again, reference is made to "concrete" retaining walls; timber crib retaining walls are proposed. L WRP Policv Standard 4.1 -- Minimize Losses of Human Life and Structures from Floodinf! and Coastal Hazards: The proposed activity meets this standard. Policy 4.1.A.l states that new development that is not water dependent should be located as far away from coastal hazard areas as practical. This has been done. The proposed house has been moved an additional 8 feet from where it was originally approved, removing it from and setting it back further from the Coastal Erosion Hazard Area, as well as the top of the bluff. The March 3rd letter states that"... it is unclear to what exact area the term "bluff" applies to in the report" of the engineer, William Jaeger, PE, LS. It is unclear what Mr. Terry is referring to as the report is clearing referring to the only bluff on the site. In the first sentence of the paragraph in which Mr. Jaeger addresses the bluff he states: "... I inspected the bluff fronting on Long Island Sound." In fact, that area is the only "bluff' on the site as per the New York State Department of Environmental Conservation (NYSDEC) and as per the Town of South old's Town Code Chapters 37 and 97 definitions. No activities are proposed on the bluff or in the Coastal Erosion Hazard Area. Mr. Jaeger's report clearly addresses the bluff itself and the potential of impact on it from a house located 42 feet from the top ofthe bluff, which was the previous house location. It was his findings that the original house, even 3 2 though closer then currently proposed, would be stable. The report does not, nor was it intended to, address other areas of the site. Since no activity is proposed within the Coastal Erosion Hazard Area and all activity is well above any flood plains, Policy Standard 4.1 is not relevant to this project. Mr. Terry's recommendation that the applicant revegetate the face of the bluff and provide structures for toe protection of the bluff is inappropriate as part of this application. Such a proposal would locate structures within both flooding and erosion hazard areas, which is in direct contravention of Policy 4.1. While not related to Policy 4.1, Mr. Terry suggests that vegetation erosion control methods be employed on slopes greater than 15%. This has already been incorporated into the proposed project. To determine the extent of erosion on the site historic aerial photographs were reviewed. Copies of the 1976, 1988, 1993 and 2000 are attached to the end of this letter. Also attached is an illustration ofthe approximate top of the bluff during those time periods. As can be seen from the aerials and top-of-bluff illustration the bluff. While the bluff is eroding, has not receded significantly or at all in some places, over the past 30 years. LWRP Policv Standard 5 - Protect and Imvrove the Water Oualitv and Suvvlv in the Town orSouthold. This policy standard is meet. The policy's goals and objectives as stated in the L WRP are directly related to the protection and improvement of groundwater quality for drinking water. The groundwater flow at this site is to the north, directly towards and discharging into Long Island Sound. Therefore, water originating from this site will have no impact on drinking water quality. However, even though the policy is not applicable, standards are meet with regard to SCDHS and the proposed landscaping plan prepared by Cramer Consulting Group (CCG) utilizes indigenous species to reduce the need for fertilizers. Mr. Terry has suggested that trees be placed above the sanitary system, this is an inappropriate recommendation as the roots will damage, and reduce the effectiveness of, the proposed sanitary system while not providing any advantage or benefit to reduce groundwater impacts. L WRP Policv Standard 6 - Protect and Restore the Ecolof!:ical Oualitv throuf!:hout the Town or Southold: Mr. Terry states that the property is mostly cleared of vegetation, including areas seaward of the Coastal Erosion Hazard Area. This is not correct. The survey attached clearly illustrates the location of clearing on the site. All clearing has been set back from the Coastal Erosion Hazard Area and only 26.3% of the site has been cleared to date. The survey attached to this letter illustrates the present limits of clearing. This clearing was done as part of the building permit issued by the Town of South old. Mr. Terry states that the effectiveness and success of the planting plan prepared by CCG cannot be assessed without knowing the slope post-construction and the erosion control methods. However, the slope post-construction has been clearly identified on the plan prepared by Peconic Surveyors and this plan has been made part of the record. As shown on the plan, the slope post-construction is the same as existed prior to construction on the east side of the retaining wall, which is approximately I on 2.5. The finished grade between the two sets of retaining walls is approximately 8% to accommodate the proposed sanitary system. These slopes will not present a significant disadvantage in establishing the area with the plant material as proposed and shown on the planting plan prepared by CCG. Furthermore, an Erosion and Sediment Control Plan has been prepared by CCG for the site. This has 'f 3 .' been made part ofthe record and includes methodology and erosion control methods to protect and preserve the hillside during and after construction. Mr. Terry continues to refer to the eastern slope as a bluff. The portion of the site where construction activity and grading is taking place is not considered a bluff as defined under two sections of the Town Law and by the NYSDEC. Mr. Terry makes recommendation that a revegetation plan of indigenous, drought tolerant plant species be provided. A planting plan was submitted by CCG as part of the Trustees requirements and was made part of the record. The proposed planting plan provides for indigenous and drought-tolerant plant species, as such they are appropriate for the setting in which they are proposed. L WRP Policv Standard 6.3 - Protect and Restore Tidal and Freshwater Wetlands: Mr. Terry states that a recommendation regarding compliance of the proposed action to Chapter 37 cannot be made at this time. Chapter 37 -- Coastal Erosion Hazard Areas, of the Town Code does not deal with tidal or freshwater wetlands, so it is unclear why it is mentioned here in relationship to this policy. It is not relevant to this policy. Chapter 97 - Wetlands of the Town Code is relevant to this policy, but not to this project. As stated in the March letter, Chapter 97 (as well as Chapter 37) defmes a "bluff." The definition is clear as to what is considered a bluff on site: On this site, the waterward limit of the bluff would be the beach and the landward limit would be 25 feet landward of the top ofthe bluff, which would coincide with the Coastal Erosion Hazard Area boundary. As stated previously, no activity is taking place within the Coastal Erosion Hazard Area and, as such, no activity is taking place in the bluff area; therefore, the action complies with the Policy Standard 4.1; Policy Standard 6.3, referenced here, is not relevant to this project. L WRP Policv Standard 9.2 - Protect and Provide Public Visual Access tram Coastal Land and Waters From Public Sites and Transportation Routes. Where Phvsical/v Practical. Mr. Terry states that visual access from Glen Road, a public road, will be impaired because of the construction of the residence. This is not the case. Glen Road is a cul-de-sac that never had visual access to coastal lands and waters. The photographs attached to this letter illustrate both before and after clearing for the proposed home. As can be seen, there was no opportunities to view the water from this site prior to construction. Since the clearing has taken place there are limited water views and when the house is constructed limited water views would be expected to be maintained. Therefore, just the opposite will be achieved then what is suggested in the March 3rd letter. To suggest that the extent of the visual impairment cannot be accurately assessed without a view shed analysis is very inappropriate. As can be seen in the attached photographs there will be no impact to the views from Glen Court, in fact the views, although limited, may be improved. The suggestion for a view shed analysis can only be considered as a way to prolong the process at the expense of the applicant. The terminus of Duck Pond Road does provide public visual access to the coastal lands and waters. The proposed project preserves this visual access point. Therefore, Policy Standard 9.2 is addressed. -5 4 In consideration of the above, the proposed project is consistent with the Town of Southold's LWRP. It must be stressed that portions of this site was cleared and construction commenced as part of an approved building permit from the Town of Southold. The Town of Southold stopped work at a phase when there was significant grading, excavation, and stockpiling of soil on site. This exposed soil on site will result in significant erosion and impacts to the subject site as well as the adjoining properties and Long Island Sound if it is not allowed to be stabilized in accordance with the proposed plans. Any delay on the part of the Town increases the likelihood offailure of the erosion control systems put in place by the applicant. I hope the above has addressed the necessary concerns. Very truly yours, Thomas W. Cramer, ASLA TWC/el Attachments CC: Nicholas Aliano /p 5 7 6 . Top of Bluff From 1976 - 2000 North of Glenn Court, Cutchogue Town of Sout!l2l!l _ _ - Long Island Sound --- , 1988 1893 Bulkhead Bulkhead ", " Top of Bluff -;t~ DoC::J Hotel C? SITE Glenn Court Date of Aerial: 1976 1988 1993 2000 r 7 f NOTE: 1IlPJI:h1s added to survey by Cramer Consulting Group for illustrative purposes. SURVEY OF PROPERTY AT CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NY. 1000-83-01-11 .. 12 8tOil!.Ii r n' NOTE: REDUCED .c. JANUARY 13, 2004 NotToScale ~// June 23, 2004 (b'Jft) J!Jy 19, 2004 ('nirio~) S"..l, 2OC-f ".w.IoMJ ../!n. f3, 200~ (rt/v;siQ//$) JtKI, /9, 2005 (r.II/l/ons) ~:~ I':. J7~:; !<.-.-;p ;1.>' /~ AUf JI, ZOO~ (,fr,qlI!.!le.r/ 1'\ "~". ,.c, .."....:7 .~" ,.~ U, l""&. (/- _ c~"'p 11.::v 'l"'7 lpPC(aJJ..,.."tJ / ./ O~O // \J ./' ANY AUCRArlON OR A0011/ON /0 THIS SUP'IE't' IS A I'IOfATlC-'. OF SEcnON 72090F 1J.K N€iII roRK STAT'[ WVCAilON LA..... EXCEPT AS PER S!CTION lZ09-sv8OfVlSJOfI Z. AU CffHlflCA" I1EHEON ARE VALlO FlJR THIS /lAP ;Wf) COP:f~' THEREOF ONLY SAIO /JAP OR COP~ BEAR THE lA/PRESSED SEAt or THE SUR., ~OSE SIeNA TURC APPEARS HEREON. LOT NUMBeRS REFER TO '"MAP OF V1S'fA 8WFFH F.: iN THE SUFFOLK COUNTY CLERK'S OFFICE ON }'h1P:- /5. '.968 AS FILE NO. 5060 [L[VA nONS REFERENCED TO N.G. VD ./' . ~~ll ffJ N -+~ p.\.-/ /' ~~~~~\ , , , , , , , , , , , , , , \ , , , , \ ~ \ \,~ '. "6 9. '<l o ~ a:"/~'<.,,'~ 1"",/)),1..,1 IJu' "......7J~ oS.",,""I'''' /J'l~-I 'It> tlI',;fi'lj ./eff"1Jj:(\ G ~\O 0... ,..\ ~ \.\<\6 .. . ,"~", r c,o~~. ~ ;<. ~ Icdh 4/ wl'''' .''6>. PROVIDe 2 ORYWElLS tJ' , . ,S' DE.U' ro HA.viJL~ ~~f:r;~'1:i[ ON TOP AND BOTTOM OF rHE: RETAiNiNd WALLS ""& _<SAl'<7TARY SYSTEM ('0--_ <6" C016 ,. ~r~..... SUBSURFACE SEWAGE DISPOSAL SYSTEM DESIGNED BY' JQ~PH H. BAER, P.E. CIO DVfRKA AND BARnLUCCl CONSUl TING ENGINEERS (516J 36"1-9890 TrfiJ . ~- ~ w.,,~ r;.; [: =-=1<!t7._~- BaGlW"-___ ,j """': -'-~--=-==--. OcU8LE TIER TYPICAL FULL CRfB REf A'N!NCJ WALL W<l.L "","AC ...." li'l'.w~, I FIN.F.LR. ~ ".. _____ ~ a Sol ;........', o 1000-83-01-tt AREA=6.474 SQ, FT TO l1E UNE tOOO-8J-01-t2 AREA=J4.J24 SQ. FT. TO TIE UNE CROSS SECTION SEPTIC SYSTEM Y'L--'/);~CJ- N. Y.s. Ltc. NO" 4961~ 'ECON1C SUR YORS~ P. C. (631) 765-5020 FAX (631) 765-1797 ~2~/;;:":'~R STRm00S-' 30S- SOUTHOLD. N. Y. /1971 I (J - COft STAL EROSION HAZARO L./NE" FROM COA5TAL EROS/ON HAZARD AREA MAP PhGl'~ # 58~S45.83 1 8 ; VIEW FROM GLENN COURT BEFORE CLEARING. March 2005 Water or Shoreline Not Visible. Heavy Vegetation Screening, especially when foliage present. View from Glenn Court after clearing. March 2006 Limited Water Views. House will be located to right portion of photograph. Limited water views expected to be created. ID 9 - ~ , (~~n[E~ ((Q)[N]J({J!ll~[Nj(~ ~~(Q)~' Complete Land Use Services .. Including Planning" Design and Environmental P.O. Box 5535 Miller Place, New York 11764 Telephone (6:,1)476-0984 - Fax (63 I) 476-6933 Thomas W. Cramer, Principal March 23, 2006 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Soil & Water Conservation District n Proposed Residence of Nicholas Aliano Town of South old BZA #5846 SCTM #1000-83-1-12 Dear Pat: As per your request, the following are my comments with regard to Ms. Polly Weigand letter, dated February 27, 2006. First, Ms. Weigand has made several observations that are incorrect. She has stated that the project was stopped because the house foundation was within the coastal hazard line. This is not true. Construction was halted by the Town, after the approval of a building permit and the installation of footings in reliance on that permit, because a variance was not received for the construction of a home within 100 feet of the bluff. The house and the foundation was/is proposed to be outside of the Coastal Erosion Hazard Area as defined by NYSDEC. A permit was obtained from the Town's Trustees to construct a retaining wall within Coastal Erosion Hazard Area. However, revisions to the plans have even removed this structure from the Coastal Erosion Hazard Area. Secondly, while the bluff face is partially unvegetated there does not appear to be a significant erosion problem as suggested in the letter. As discussed and illustrated in my letter to you of this date concerning the L WRP review, the historic evidence does not show the top of the bluff receding at a significant rate in the area (copies of the illustrations are attached). In addition, a small dune area can be found at the toe of the bluff on the site. This area has served as a buffer and shows signs of recent minor erosion from winter storms, as opposed to the bluff itself being eroded. Photographs of the bluff from July 2005 and March 2006 are attached to this letter. As can be seen in the photographs, the bluffface itself has remained unchanged between the two photo dates. The only erosion is the toe of the dune, where winter storms have eroded it about 2' high. It should also be noted that reference is made in her letter to an area of concentrated flow that has created a "gully". The "gully" is small and is a result of the property to the west allowing stormwater runofffrom its lawn being directed over the edge of the bluff. In the recommendations contained of the letter it is discussed the need to for the project to conform to New York State Department of Environmental Conservation's (NYSDEC) State Pollutant Discharge Elimination System (SPDES) General Permit #GP-02-0 I. Silt fencing and stacked hay bales were installed on the site prior to construction. An Erosion and Sediment Control Plan (ESCP) was / I , developed for the site and a Notice of Intent (NO!) was filled with NYSDEC in Albany, as required under the statute. Both the SECP and the planting plan prepared by Cramer Consulting Group (CCG) provide vegetative recommendations for the project site. The species chosen for the plantings are drought tolerant and suitable for the conditions found on site. These plans have been submitted to the BZA at the public hearing. A great deal of discussion has been provided by Ms. Weigand to re-grade and replant the bluff. The proposed project does not propose to alter the bluff in any way. From an "academic" standpoint, the comments made are valid and given an ideal situation with sufficient lot size, they may be appropriate. However, such suggestions as regrading the entire bluff are unlikely to be approved by the NYSDEC nor could they be carried out on the site. In fact, a permit has already been issued by the NYSDEC that does not allow any grading or toe protection of the bluff. The substantive comments made in the letter have already been or are being addressed as part of the proposed project. That is, with the exception of reconfiguring the bluff, which is considered inappropriate. I hope the above has addressed the necessary concerns. Very truly yours, Thomas W. Cramer, ASLA TWC/el Attachments CC: Nicholas Aliano 12.- 2 I 13 3 Top of Bluff From 1976 - 2000 Long Island Sound North of Glenn Court, Cutchogue Town of Southold ------ ---- , 1988 1993 Bulkhead Bulkhead "" ~ Top of Bluff -;t~ wo[] Hotel C? SITE Glenn Court Date of Aerial: 1976 1988 1993 2000 If ~ . , Bluff on Site - Looking west Julv 2005 March 2006 /s- 5 (~~IMHE~ (OlNlJ\CJlll~lNlCQ] CQ]~O\CJlr Complete Land Use Services -- Inc1udins PJannil1g~ Design and Environmental P.O. Box 5535 Miller Place, New York 11764 Telephone (631)476-0984- Fax (631) 476-6933 Thomas W. Cramer, Principal March 28, 2006 Patricia Moore, Esq. 5] 020 Main Road Southo]d, NY ] ]97] Re: Response to E-mai] from John J. Ka]as Nicho]as A]iano ZBA #5846 Dear Pat: Pursuant to your request, the following will serve as response to the comments sent to the Zoning Board of Appeals from John 1. Kalas for the above referenced application. Mr. Kalas has stated his opposition to the variance. He states four points in support of his objections. They are as follows: I. Mr. Kalas claims that the developer can build a home closer to Duck Pond Road and away from the bluff. This statement is incorrect. The width of the property and the location of the Coastal Erosion Hazard Area is substantially the same on the Glenn Court and Duck Pond Road frontages of the lot. Therefore, moving closer to Duck pond Road will not change the setbacks from the bluff. The location of the building as proposed, on Glenn Court, takes advantage of the level est portions on the site. Moving the house to Duck Pond Road would place the house in areas of steep slopes on the site. In fact, the Town staff has recommended moving the house closer to Glenn Court. 2. He states that granting the variances would result in a driveway being located off Glen Court. The lot is part of the approved subdivision that created Glen Court, the Map of Vista Bluff approved by the Town Planning Board and filed March] 968 in the County Clerk's Office. As a matter of right, the applicant can access his property from Glenn Court. In addition, the location of the access off Glenn Court will have the least impact on the site, see above. Mr. Kalas also states that the creation of a driveway on the cul-de-sac would not significantly impact traffic. This is certainly not true. The cul-de-sac has been designed to include access from this lot. Only six homes are presently accessing Glenn Court, a full Town maintained road. No traffic impacts will occur. The comments that this is an "ad hoc driveway" is incorrect. As stated above, this lot, with its corresponding frontage, was created at the time of the approval of the subdivision, which also created Mr. Kalas' lot. 3. Mr. Kalas states that the proposed setback will affect the character of the bluff in the immediate area. The proposed house will be setback further than Mr. Kalas' house If", from the bluff, as well as all the other houses in the area. While the bluff is eroding, the amount of erosion does not appear to be significant based on aerials and the conditions found on site. 4. Mr. Kalas states that a traffic study and erosion study should be conducted. As stated above, neither traffic nor erosion will be affected as a result of the project, therefore, the studies are unnecessary. However, erosion has been noted on Mr. Kalas' property and on the western portion of our slope. This erosion is a direct result of run-off from Mr. Kalas' lawn over the edge of the bluff in the northeast corner of HIS site. Mr. Kalas should take immediate steps to contain the storm water run-off and eliminate the damage being caused to Mr. Aliano's property as the result ofMr. Kalas' neglect. If you have any questions regarding the above, please feel free to give me a call. Very truly yours, Thomas W. Cramer, ASLA TWC/el CC: Nicholas Aliano 17 i /1