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HomeMy WebLinkAboutLWRP CAFLWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 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 BuiMing Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or no" then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detail listing both supporting and non- snn~ortine facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, .it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of S0nih01d's website (southoldtown.northfork.net), the Board of Trustees Office,.th6~lannih~ Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# o63 o3 15 PROJECT NAME Site Plan Application for Southwold Manor The Application has been submitted to (check appropriate response): Town Board Planning Board ~ Building Dept. [] Board O~Trustees I. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [---] construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) [---] (c) Permit, approval, license, certification: [~ Nature and extent of action: The proposed action consists of the construction of a 24-unit planned retirement community consisting of eight townhouse buildings, containing three dwelling units within each building. Also proposed are facilities for swimming and resident gatherings. In addition, the existing two-story frame dwelling with detached garage would remain, but would be converted to three moderate-income-family dwelling units. Location of action: 56655 Main Road, Southold Site acreage: 6.754- Present land use: Residential Present zoning classification: HB-Hamlet Business District 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: East End Resources, LLC (b) Mailing address: c/o Alfred L. Amato, 666 Old Country Road, Suite 901, Garden City, New York 11530 (c) Telephone number: Area Code ()(516) 227-6363 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? NYSDOT Highway Work Permit, NYSDEC Yes [~ No ~] If yes, which state or federal agency? Notice of Intent C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY See Attachment Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes [~ No [--] Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~ Yes 71 No [--] Not Applicahle Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [--] Yes [~ No [~ Not Applicable See Attachment Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources fi:om flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~ Yes [--] No [~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [~ Yes [-~ No [--~ Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section IH - Policies; Pages 22 through 32 for evaluation criteria. Yes [--] No [~ Not Applicable Attach additional sheets if necessary Policy 7. Protect m~d improve air quality in the Town of Southold See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [--] Yes [-~ No [~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [--~Yes [~ No[--~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold See LWRP Section HI - Policies; Pages 38 through 46 for evaluatior criteria. [~Yes[~ No [~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES P~licy 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 ~-] Not Applicable Attach additional sheets if necessary Policy 1 I. 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 Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [~ Yes ~ No [--] Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [--] Yes [--] No [~ Not Applicable PREPARI~D g ~ ~~TITLE President Amended on 8/1/05 DATE 10/17/08 ATTACHMENT LOCAL WATERFRONT REVITALIZATION PROGRAM ("LWRP") CONSISTENCY ANALYSIS SITE PLAN APPLICATION FOR SOUTHWOLD MANOR 56655 MAIN ROAD, SOUTHOLD Policy 1. Foster a pattern of development in the Town of Southold that enhances' community character, preserves open space, makes efficient use of infrastructure, ma~es beneficial use of a coastal location, and minimizes adverse effects of development. The proposed action has been designed to enhance community character, preserve open space, make efficient use of infrastructure and minimize the potential adverse effects of development. As the site is not located on the coastline, it cannot, and will not, utilize such resource. The sul/ject property, although historically utilized for agricultural purposes, is developed with a residential structure, which is proposed to remain as part of the proposed action. This residential structure is the entryway to the project site. The retention of this structure, a portion of its existing landscaping and portions of the existing woodland, would help maintain the visual character along Main Road. The proposed project has been designed, from both a layout and an architectural perspective, such that the development would blend with and enhance thc existing character of the area. With regard to open space, the proposed project has been designed such that existing 5.47~ acres of woodland, which includes brush and undergrowth, would be preserved to the maximum extent practicable. In addition, the applicant intends to preserve the existing cedar trees throughout the site by transplanting same along the perimeter of the property in order to thrther screen thc development from neighboring properties and to preserve existing vegetation. After existing cedar trees are transplanted, there will be approximately 0.93± acre of woodland on the suhicct site. With respect to the infrastructure, potable water is available at the site and shall be provided by the Suffolk County Water Authority ("SCWA"). Attached hereto is a letter of water availability issued by the SCWA. On-site septic tanks and sanitary leaching pools would handle sanitary waste to be generated by the proposed development (i.e., 4,118 gallons per day ["gpd"] based on current guidelines of the Suffolk County Department of Health Services ["SCDHS"]). A review of the New York State Department of Conservation ("NYSDEC") Tidal Wetlands' M~q~ (Map Number 716-548) (see Exhibit "A" of this LWRP Consistency Analysis) indicates the subject property is not a coastal property, nor is it identified in the Town of Soulhold Local Wate(/-ront Revitalization Program Reach 6 as an "area subject to development pressure'' or an "area of special concern." The applicant respectfully submits that by designing the project such that the character will be preserved and enhanced, open space will be preserved and infrastructure will be efficiently used, the proposed action would minimize adverse effects of development in the Town of Southold. Therefore, the proposed action comports with this policy. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. According to the website of the New York State Office of Parks, Recreation and Historic Places ("OPRHP"),1 the subject property is situated within an archaeologically-sensitive area. Furthermore, the existing residential structure, the Albertson House, has been identified by the Society of the Preservation of Long Island Antiquities ("SPLIA") as historically significant and is eligible for listing on the National Register of Historic Places. It is noteworthy that the Albertson House would be retained under the proposed action. Given the substantial ground disturbance caused by previous usage of the site as farmland, correspondence was sent to OPRHP on July 14, 2006 requesting concurrence that historic agricultural use and existing development have disturbed the soils on the subject property such that no such intact archaeological resources would be expected. OPRHP responded to the inquiry in correspondence dated August 3, 2006, and it recommended that a Phase I archeological survey be conducted (see Exhibit "B" of this LWRP Consistency Analysis). Therefore, the applicant retained the Institute of Long Island Archaeology ("ILIA") to conduct an archaeological survey (Stage 1 and 2) of the subject property. A copy of the Stage 1 archaeological survey, which recommended further investigation in specific portions of the subject property, is included in Exhibit "C" of this LWRP Consistency Analysis. The Stage 2, which will be submitted under a separate cover, was completed in October 2008. The ILIA concluded that the archaeological deposits do not seem to have the potential to provide additional information of past lifeways. The site lacks integrity and it is unlikely that any unmapped buried outbuildings remain. Therefore, no further archaeological investigations are recommended.2 Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. Minimize introduction of structural design components (including utility lines, lighting, signage and fencing) which would be discordant with existing natural scenic components and character. While the subject property is not a designated scenic vista, the proposed action has been designed such that the proposed residential development would visually blend with the architecture in the area. As depicted on the proposed Utility Plan, the proposed utility lines would be underground and would not impact the aesthetics of the area. According to the proposed Landscape and Irrigation Plan, a six-foot, above-grade-level ("agl"), green-color, chain-link fence would be locacted along the perimeter of the subject property. In addition, existing 20-to-25-foot cedar trees situated throughout the site would be transplanted along the perimeter of the property in order to screen the development from neighboring properties and preserve existing vegetation. Further, the proposed Manor Drive would be lined with vegetation. The lighting will be designed to (a) visually blend with the character of the community; and (b) minimize glare and illumination of and as seen from surrounding properties. http://www.oprhp.state.nv.us/nr/main.asp, accessed June 22, 2006 The standing Albertson House was not evaluated as part of the archaeological investigations. 2 According to the proposed Alignment Plan, signage is proposed at the entrance of the proposed Manor Drive. While the signage has not yet been designed, the signage will be designed to visually conform to the existing character of the surrounding area. Therefore, the proposed action complies with this policy. B. Restore deteriorated and remove degraded visual components. The subject property is not designated as a scenic vista, and the existing residence is neither deteriorated nor degraded. Notwithstanding this, it should be understood that the visual perspective from Main Road will be maintained as the existing residence, a portion of the existing landscaped areas and a portion of the existing woodland would remain. Also, as previously indicated, cedar trees on the site will be transplanted to the perimeter of the property to further screen the development. The proposed development has been designed such that the architectural elements would conform to and enhance the existing character. In addition, on July 13, 2006 at a public hearing of the Southold Town Architectural Review Committee ("ARC"), the applicant presented its proposed plans and elevations of the structures to be constructed at the site. According to information provided by the applicant, the proposed plans and elevations were well received by the ARC. Therefore, the proposed action comports with this policy. C. Screen components of development which detract from visual quality. The proposed development has been designed such that it would be aesthetically pleasing. Moreover, the applicant intends to preserve the existing cedar trees throughout the site by transplanting same along the perimeter of the property in order to further screen the development from neighboring properties and preserve existing vegetation. Therefore, the proposed action comports with this policy. D. Use appropriate siting, scales, forms, and materials to ensure that structures are compatible with and add interest to existing scenic components. As previously indicated, the subject property is not designated as a scenic vista. Also, the proposed development has been designed such that there would be a mixture of materials and styles, all of which would be compatible and harmonious with existing development in the surrounding area. As previously stated, the visual character along Main Road would be maintained as the existing residence, a portion of the existing landscaping and a portion of the woodland would be retained. In addition, on July 13, 2006 at a public hearing of the ARC, the applicant presented its proposed plans and elevations of the structures to be constructed at the site. According to information provided by the applicant, the proposed plans and elevations were well received by the ARC. Therefore, the proposed development is consistent with this policy. E. Preserve existing vegetation and establish new indigenous vegetation to enhance scenic quality: 1. Preserve existing vegetation which contributes to the scenic quality of the landscape. As indicated on the proposed Landscape and Irrigation Plan, it is proposed that existing vegetation would remain, to the extent possible, in several areas of the overall property. In addition, the applicant intends to preserve the existing cedar trees throughout the site by transplanting same along the perimeter of the property in order screen the development from neighboring properties and preserve existing vegetation. Thus, the proposed development is consistent with this policy. 2. Allow for selective clearing of vegetation to provide public views without impairing values associated with the affected vegetation. The only public view of the subject property is from Main Road, which is limited to the existing two-story home, some of the existing landscaping and some of the existing woodland. Moreover, the public views of the property will be maintained as the existing residential building, a portion of the existing landscaped areas and a portion of the existing woodland will be retained. In addition, the applicant intends to preserve the existing cedar trees throughout the site by transplanting same along the perimeter of the property in order to further screen the development from neighboring properties and preserve existing vegetation. Therefore, the proposed development complies with this policy. 3. Restore historic or important designed landscapes to preserve intended or designed aesthetic values. The subject property was formerly used for agricultural purposes and continues to revegetate. As such, there are no historic or important designed landscapes associated with the subject property. Therefore, this policy is not applicable to the proposed development. 4. Restore or add indigenous vegetative cover that presents a natural appearance. The subject property was formerly utilized for agricultural purposes and is revegetating. According to the proposed Landscape and Irrigation Plan, landscaping is being proposed along the perimeter of the subject property; around the residential buildings; in the area of the amenities building and swimming pool; and along Manor Drive. The proposed vegetation would be a mix of native vegetation, which would present a natural appearance, and ornamental vegetation, which would create a garden-like appearance. In addition, the applicant intends to preserve the existing cedar trees throughout the site by transplanting same along the perimeter of the property in order to screen the development from neighboring properties and preserve existing vegetation. Therefore, as indigenous vegetation will be added for the residential development, the proposed action comports with this policy. 4 F. Improve the visual quality associated with hamlet areas. The subject property is situated within the Hamlet Business District in the Town of Southold. As previously indicated, the property was previously used for agricultural purposes and continues to revegetate. The visual quality of the proposed development would be maintained, to the extent practicable, and the architecture would be visually harmonious with the surrounding area. In addition, on July 13, 2006 at a public hearing of the ARC, the applicant presented its proposed plans and elevations of the structures to be constructed at the site. According to information provided by the applicant, the proposed plans and elevations were well received by the ARC. Also, vegetation on the site would be maintained and enhanced. Therefore, visual quality would be enhanced. G. Improve the visual quality of historic maritime areas. The subject site, which is located along Main Road, is not situated in a coastal area or a historic maritime area. Therefore, this policy is not applicable to the proposed development. H. Protect the visual interest provided by active water-dependent uses. The subject property is not situated proximate to water or active water-dependent uses. Therefore, this policy is not applicable to the proposed action. L Anticipate and prevent impairment of dynamic landscape elements that contribute to ephemeral visual qualities. As previously stated, the subject property was formerly utilized for agricultural purposes and is revegetating. There are no dynamic landscape elements. The existing residential building and areas of the existing woodland and existing landscaping would be preserved. Therefore, this policy is not applicable to the proposed action. J. Protect visual quality associated with public lands, including public transportation routes, public parks and public trust lands and waters. 1. Limit water surface coverage or intrusion to the minimum amount necessary. The subject site is not public land, and, as previously mentioned, is not a coastal property. Therefore, this policy is not applicable to the proposed project. 2. Limit alteration of shoreline elements which contribute to scenic quality. As previously mentioned, the subject site is not public property and is not a coastal property. Therefore, this policy is not applicable to the proposed project. K. Protect visual quality associated with agricultural land, open space and natural resources. 1. Maintain or restore original landforms except where altered landforms provide useful screening or contribute to scenic quality. As previously stated, the site consists of former agricultural land that is revegetating. The current view, from Main Road, of the existing home, a portion of the existing landscaping and a portion of the existing woodland would be maintained. In addition, according to the proposed Landscape and Irrigation Plan, a six-foot-agl, green-color, chain-link fence would be located along the perimeter of the subject property. In addition, the existing 20-to-25-foot cedar trees situated throughout the site would be transplanted along the perimeter of the property in order to screen the development from neighboring properties and preserve existing vegetation. Furthermore, a vegetative buffer will line the entryway to the proposed Manor Drive. Therefore, the proposed project comports with this policy. 2. Group or orient structures during site design to preserve open space and provide visual organization. The orientation of the proposed structures was designed to preserve existing vegetation in several areas of the site (i.e., along Main Road and on the east and west sides of the proposed Manor Drive) and visually organize the buildings so they are oriented toward Manor Drive. Moreover, the buildings have been sited, and the landscape design has been designed, to minimize visual impacts to neighboring properties. In addition, on July 13, 2006 at a public hearing of the ARC, the applicant presented its proposed plans and elevations of the structures to be constructed at the site. According to information provided by the applicant, the proposed plans and elevations were well received by the ARC. Therefore, the proposed development complies with this policy. 3. Avoid structures or activities which introduce visual interruptions to natural landscapes including: a. introduction of intrusive artificial light sources; The lighting will be designed in order to minimize glare and illumination of and as seen from surrounding properties. Therefore, the proposed project is in compliance with this policy. b. fragmentation of and structural intrusion into open space areas; and As previously stated, the site consists of former agricultural land that is revegetating, and several areas of existing vegetation are being retained. Moreover, the subject property is surrounded on three (3) sides by residential and commercial development and on one (1) side, by railroad tracks used by the Long Island Rail Road ("LIRR"). Therefore, this policy is not applicable to the proposed development. 6 c. changes to the continuity and configuration of natural shorelines and associated vegetation. As stated earlier, the subject site is not a coastal property, and, thus, has no natural shorelines. Therefore, this policy does not apply to the proposed action. Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. Policy 4 is categorized as a "Natural Coast Policy," and is not applicable to the proposed action, as the site is not situated along the coast. As such, the proposed development and structures would be located away from flooding and erosion hazards. Furthermore, the subject property is located in an area determined to be outside the 500-year floodplain (Federal Emergency Management Area Flood Insurance Rate Map 36103C0158G, Panel 158 of 1026, dated May 4, 1998), and implementation of erosion and sediment control measures will be employed to prevent sedimentation off-site. With regard to erosion, a Stormwater Pollution Prevention Plan has been pmpamd for compliance with Phase II Stormwater Regulations. All erosion and sediment control measures would conform to the relevant segments of the New York State Guidelines for Urban Erosion and Sediment Control. Policy 5. Protect and improve water quality and supply in the Town of Southold. The proposed development would handle all anticipated sanitary waste through on-site septic tanks and sanitary leaching pools. As this is a residential use, there will be no unusual chemical discharges. Furthermore, the proposed development would also be served by SCWA. Thus, the water quality and supply in the Town of Southold would be protected. Therefore, the proposed action complies with this policy. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. The subject site is not situated within a Significant Coastal Fish and Wildlife Habitat. Furthermore, them are no wetlands on or adjacent to the subject property. Therefore, this policy is not applicable. Policy 7. Protect and improve air quality in the Town of Southold. No unusual air discharge points are associated with the proposed development, as it will consist of residential uses. In addition, the proposed action will not result in significant traffic delays that could cause significant vehicular emissions from increased idling. Furthermore, as the proposed residential community is situated within walking distance from local shopping, dependency on an automobile may be reduced. Therefore, the proposed action complies with this policy. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. Solid waste created by the proposed residential development would not be significant, especially given that the majority of the units will be a planned retirement community. In addition, as the proposed action is a residential use, no hazardous substances or wastes would be expected. Therefore, the proposed project is in compliance with this policy. Policy 9. Provide for public access to, and recreational use of,, coastal waters, public lands, and public resources of the Town of Southol& The subject site is not public land and is not situated on the coast. Therefore, this policy is not applicable to the proposed action. Policy 10. Protect SouthoM's water-dependent uses and promote siting of new water- dependent uses in suitable locations. As previously mentioned, the subject site is not a coastal property. In addition, there are no wetlands on or proximate to the site. Therefore, this policy is not applicable to the proposed project. Policy 1L Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. As discussed, the subject site is not a coastal property, and no wetlands were found on or adjacent to the site. Therefore, this policy is not applicable to the proposed project. Policy 12. Protect agricultural lands in the Town of Southold. The subject property was formerly utilized for agricultural purposes and continues to revegetate. Furthermore, a review of the Town of Southold Farmland Protection Strategy map, dated September 1, 1999 (see Exhibit "D" of this LWRP Consistency Analysis), depicts the site as "Land Not In Agricultural Use." Therefore, this policy is not applicable to the proposed action. Policy 13. Promote appropriate use and development of energy and mineral resources. The proposed action consists of a residential use restricted to adults of age 55 and older that will not create a significant energy demand. Moreover, given the property's location and zoning, it is not suitable for use in the development of energy and mineral resources. Therefore this policy is not applicable to the proposed project. F:~IOBS2005\EED-05-236_56655 Main Road, Southold\Finalized Documentation\LWRP Consistency Analysis Attachment - Rev4-Oct 08 - FINAL.doc 8