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HomeMy WebLinkAbout1000-135.-1-24.1 'I WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTH OLD To: Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner L WRP Coordinator Date: August 23, 2005 Re: Proposed Wetland and Coastal Erosion Permit for Angelo Padovan SCTM#1000-135-1-23 & 24.1 ANGELO P ADOV AN requests a Wetland Permit & Coastal Erosion Permit to construct a single-family dwelling, sanitary system, gravel driveway, and bulkhead. Located: 22455 Soundview Ave., Southold. The project is located in the Coastal Erosion Hazard Area adjacent to Long Island Sound. 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 LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is generally INCONSISTENT with the following Policy Standards and therefore is INCONSISTENT with the LWRP. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. Policv Standards 3.1 Enhance visual quality and protect scenic resources throughout the Town of South old. A. Minimize introduction of structural design components (including utility lines, lighting, signage and fencing) which would be discordant with existing natural scenic components and character. D. Use appropriate siting, scales, forms, and materials to ensure that structures are compatible with and add interest to existing scenic components. WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town of South old Board of Trustees From: Mark Terry, Senior Environmental Planner L WRP Coordinator Date: August 23, 2005 Re: Proposed Wetland and Coastal Erosion Permit for Angelo Padovan SCTM#1000-135-l-23 & 24.1 ANGELO PADOV AN requests a Wetland Permit & Coastal Erosion Permit to construct a single-family dwelling, sanitary system, gravel driveway, and bulkhead. Located: 22455 Soundview Ave., Southold. The project is located in the Coastal Erosion Hazard Area adjacent to Long Island Sound. 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 LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is generally INCONSISTENT with the following Policy Standards and therefore is INCONSISTENT with the L WRP. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. Policv Standards 3.1 Enhance visual quality and protect scenic resources throughout the Town of Southold. A. Minimize introduction of structural design components (including utility lines, lighting, signage and fencing) which would be discordant with existing natural scenic components and character. D. Use appropriate siting, scales, forms, and materials to ensure that structures are compatible with and add interest to existing scenic components. H. Protect the visual interest provided by active water-dependent uses. 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. 2. Limit alteration of shoreline elements which contribute to scenic quality. 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. 3. Avoid structures or activities which introduce visual interruptions to natural landscapes including: a. introduction of intrusive artificial light sources c. changes to the continuity and configuration of natural shorelines and associated vegetation NATURAL COAST POLICIES Policv Standards 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 ~ Locate new development which is not water-dependent as far away from coastal hazard areas as practical. a. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portious of 6 NYCRR 505.8. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. 2. Avoid reconstruction of structures. other than structures that are part of a water-dependent use. damaged by 50% or more of their value in coastal hazard areas. 3. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for: a. structures which functionally require a location on the coast or in coastal waters. b. water-dependent uses which cannot avoid exposure to hazards. c. sites in areas with extensive public investment, pnblic infrastructure, or major public facilities. c. sites where relocation of an existing structure is not practical. B. Use vegetative non-structural measures to manage flooding and erosion hazards. 1. Use vegetative non-structural measures which have a reasonable probability of managing flooding and erosion, based on shoreline characteristics including exposure, geometry, and sediment composition. 2. Use vegetative measures to increase protective capabilities of natural protective features. Discourage clearing of existing, particularly indigenous vegetation during siting, design, construction and regrading phases of any development project. 3. Discourage alteration of existing natural drainage contours and swales and encourage enhancement of those natural drainage features where they exist. C. Enhance existing natural protective features and processes, and use non-structural measures which have a reasonable probability of managing erosion 1. Enhance the protective capabilities of beaches by using fill, artificial nourishment, dredge disposal, or by restoring coastal processes. a. Use only clean sand or gravel with a grain size equivalent to or slightly larger than the native material at the project site. b. Design criteria for enhancing the protective capabilities of beaches should not exceed the level necessary to achieve protection from a 30-year storm, except where there is an overriding public benefit. c. Provide for sand by-passing at engineered inlets or other shore protection structures to maintain coastal processes and protective capabilities of beaches. 2. Protect and enhance existing dunes or create new dunes using fill, artificial nourishment, or entrapment of wind borne sand. a. Use only clean sand with a grain size equivalent or slightly larger than native dune material. b. Design criteria for created dunes should not exceed the overtopping height defined by the 30-year storm, except where there is an overriding public benefit. c. Enhance existing or created dunes using snow fencing and dune vegetation. d. Construct and provide for use of walkovers to prevent pedestrian damage to existing and enhanced dunes. 3. Increase protective capacity of natural protective features using practical vegetative measures in association with all other enhancement efforts. 4.2 Protect and restore natural protective features. Natural protective geologic features provide valuable protection and should be protected, restored and enhanced. Destruction or degradation of these features should be . discouraged or prohibited. A. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. B. Maximize the protective capabilities of natural protective features by: I. avoiding alteration or interference with shorelines in a natural condition 2. enhancing existing natural protective features 3. restoring the condition of impaired natural protective features wherever practical 4. using practical vegetative approaches to stabilize natural shoreline features 5. managing activities to limit damage to, or reverse damage which has diminished, the protective capacities ofthe natural shoreline 6. providing relevant signage or other educational or interpretive material to increase public awareness of the importance of natural protective features c. Minimize interference with natural coastal processes by: 1. providing for natural supply and movement of unconsolidated materials and for water and wind transport I Policy 5 Protect and improve water quality and supply in the Town of South old. Policv Standards 5.1 Prohibit direct or indirect discharges that would cause or contribute to contravention of water quality standards. B. Prevent point source discharges into Southold's coastal waters and manage or avoid land and water uses that would: 2. cause or contribute to contravention of water quality classification and use standards, or 3. adversely affect receiving water quality, or 5.3 Protect and enhance quality of coastal waters. A. Protect water quality based on an evaluation of physical factors (pH, dissolved oxygen, dissolved solids, nutrients, odor, color and turbidity), health factors (pathogens, chemical contaminants, and toxicity), and aesthetic factors (oils, floatables, refuse, and suspended solids). c. Protect water quality of coastal waters from adverse impacts associated with excavation, jill, dredging, and disposal of dredged material. Policy 6 Protect and restore the quality and function of the Town of South old ecosystem. Policv 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: 2. Degradation of ecological components Degradation occurs as an adverse change in ecological quality, either as a direct loss originating within the resource area or as an indirect loss originating from nearby activities. Degradation usually occurs over a more extended period of time than physical loss and may be indicated by increased siltation, changes in community composition, or evidence of pollution. 3. Functional loss of ecological components Functional loss can be indicated by a decrease in abundance of fish or wildlife, often resulting from a behavioral or physiological avoidance response. Behavioral avoidance can be due to disruptive uses that do not necessarily result in physical changes, but may be related to introduction of recreational activities or predators. Timing of activities can often be critical in determining whether a functional loss is likely to occur. Functional loss can also be manifested in physical terms, such as changes in hydrology. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. 8.3 Protect the environment from degradation due to toxic pollutants and substances hazardous to the environment and public health. A. Prevent release of toxic pollutants or substances hazardous to the environment that would have a deleterious effect on fish and wildlife resources. B. Prevent environmental degradation due to persistent toxic pollutants by: I. limiting discharge ofbio-accumulative substances, 2. avoiding re-suspension of toxic pollutants and hazardous substances and wastes, and avoiding reentry ofbio-accumulative substances into the food chain from existing sources. Towl.' of Southold . '. SL <cJ'Zs.l=- tvll L WRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS . . C;j~ I. All applicants for permits* including Town of Southold agencies, shq)\}1iomplet~ 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 South old Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP 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 LWRP is available in the following places: online at the Town of South old's website (southoldtown.northforknet), 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# 1."-5), S~ - / - ,') 3~ :;211:/ (!7!j6flo PIl))o{l1l rf) The Application has been submitted to (check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. 0 Board of 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) o o (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: @ Nature and exteJ(f action: '_ Efiii-f f s:.- T Fo f\ We T L 17/'1 j) Pel!ll1/ T /0 ~ol/ <. r!?I-/CI h1J/---;o~ f} ppinod (Lcss TIM/! .2J-/..o;:' Lx,/S//;YG 1 Sr!!tlc;TlI If E) ;;;: F x/STI/'Ir-;' 07;(1Ic." T<-1/. E. /c C.".C/7fc,;( wlTtI S/f/i 111 (<1 .<; >'~TC/~ Gif,I}//CL Yi((VEUAj .J. 13l.-/t-KI-tf/J):! Location of action: ;(;< t.f -'),;; ,5 D [J r-II) 1/ / [J,v Ii J.I E. , ') D Ll THo L ]J Site~a~ /~ "l7~- Sy fT: Present land use: . <j /.I} rc:~ E F ,411'7 /1- ~/ R ES/ J) e /f r i 111- I Present zoning classification:~ - 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: ,'7 if G f L () P t1,V A t/ /1 rf (b) Mailing address: C loP /JT R J"c. I r1 c: f11 0 () f? E- S/O), 0 fYJl7//j Kof'lj)) Sotl TJI0J..}/ /'J Y 11;11 (c) Telephone number: Area Code () 6 31 76 s---- If 3.3 0 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes D No.lZl If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of South old that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See L WRP Section III - Policies; Page 2 for evaluation criteria. 0Yes D No D NotApplica~e_ ___ . /~ ~*6'J ~C ~ c /#ft/'lCH COlrnt-/J//Tf'- C HI1 ~ nc TEJ:..' 0 ,/ /9/--1 IT/I /1 ~ P -, DriY -fry/..- f'/ If TtI r: E () F 7/fl~ h/ riTE f( F 1<01'/ I Co 111m 1../ If i r Y, , . / Attach additional sheets if necessary Policy 2. Protect aud preserve historic and archaeological resources of the Towu of South old. See L WRP Section III - Policies Pages 3 through 6 for evaluation criteria DYes D No.]2g Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of South old. See LWRP Section 111- Policies Pages 6 through 7 for evaluation criteria Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section 111- Policies Pages 8 through 16 for evaluation criteria g] Yes 0 No 0 Not Applicable o 05 o /jG J Attach additional sheets if necessary Policy S. Protect and improve water quality and supply in the Town of South old. See L WRP Section III - Policies Pages 16 through 21 for evaluation criteria DYes 0 No ~NotApplicable 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 III - Policies; Pages 22 through 32 for evaluation criteria. o Yes DNo~ Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. DYes D No.c81 Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of South old from solid waste and hazardous substances and wastes. See L WRP Section III - Policies; Pages 34 through 38 for evaluation criteria. DYes D No g) Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See L WRP Section III - Policies; Pages 38 through 46 for evaluation criteria. DYes D No ~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See L WRP Section III - Policies; Pages 47 through 56 for evaluation criteria. DYes D No ~ Not Applicable . . Attach additional sheets if necessary Policy 11. Promote sustainable use ofliving marine resources in Long Island Sound, the Peconic Estuary and Town waters. See L WRP Section III - Policies; Pages 57 through 62 for evaluation criteria. DYes D No~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See L WRP Section III - Policies; Pages 62 through 65 for evaluation criteria. DYes D No~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See L WRP Section III - Policies; Pages 65 through 68 for evaluation criteria. DYes D No.rgJ Not Applicable 1. ~t) . -, C,. 1r.JJS All applicants for pennits* including Town of Southold agencies, shi\'lU\\Orhplete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Qonsistency Review Law. TjJ.is assessment is intended to supplement other infonnation usedby a "',Town of Southold agency' in making a detennination of consistency. *Except minor exempt ~ctions il1.cludingBuftding Permits and other ministerial permits not located within the Coastal Erosidrl-Hafard Area. L WRP CONSISTENCY ASSESSlVIEN s~ fVl J To\'\'n of Southold (. '. A. INSTRUCTIONS 2. Before answering the questions in Section C, the preparer of this fonn should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of South old Town). 3. If any question in Section C on this fonn 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 detennination that it is consistent to the maximum extent practicable with the LWRP 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 LWRP is available in the following places: online at the Town of South old's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. \~J\c1... '^ b.e.<t.. u~ _ ~ P/J-YOVIl ri) r The Application has been submitted to (check appropriate response): ~')(. Town Board 0 Planning Dept. 0 Building Dept. 0 Board of Trustees .~ U B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# /3,$ - / - :J. 3.J- ;J.1j, / (fJrJc5flo I. Category of Town of South old agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) o o (b) Financial assistance (e.g. grant, loan, subsidy) (c) Pennit, approval, license, certification: o Nature and exteo/(f action: . _ E9t-jf~.: T Fa R. wcTLI1f'1 D Pet.k/ T Jo co/1 <. rl?l-/cI h1;Ho~ fJ ppiT/orY (Less TIM'/! .2s7./Jt: E)(/5T1;YG I 5TRttc;TW,< E.) ;;:; Fx/Sfi/'lh' S7"eIlc:Ti.f;? E. 7C bcf//-/f..( wiTH / # Sfllt J1II RI SYST;:~ G~ fjvtL P~(ileWl1f <::f.1]I.-//.-k: /iL/JJ,? Location of action: ;Z,~ tf .....'):; ,5 DUll I) 1/ / E IV A 1/ f , S D JJTHoL y Site&g{~ /~ 17.)- Sy fT: Present land use: ,')//!rC:.LE rA/h/t...f Res/1)e/irlt1L- / Present zoning classification:-----R - 1-fo 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: A if h f L () P fJ)) 11 t/ J1 r-/ (b) Mailing address: C/O p 11 r R Ie: Jt1 C. tv; 00 R E- 5/0)..0 ml9//1 RoM)); SotJTJ-!oJ.-J)/ /'/j f/;?/ (c) Telephone number: Area Code () 6 -5 J 76 S - if.3.3 () (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes D NoJ21 If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of South old that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See L WRP Section III - Policies; Page 2 for evaluation criteria. J2(I Yes D No D Not Applicable. . . ;r~ ~~cr~c~ C~!f1::t~ C"rt""/fITt c;/X1~:l:f r:f /J!/S ~! 1/ 0 ~ :: Co lftE I~~r: -/J1t- - Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of South old. See L WRP Section III - Policies Pages 3 through 6 for evaluation criteria DYes D NoJ8l Not Applicable . Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of South old. See L WRP Section III - Policies Pages 6 through 7 for evaluation criteria Attach additional sheets if necessary NATURAL COAST POLICIES riG Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See L WRP Section III - Policies Pages 16 through 21 for evaluation criteria DYes D No ~NotAPPlicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See L WRP Section III - Policies; Pages 22 through 32 for evaluation criteria. DYes o No 121 Not Applicable . Attach additional sheets if necessary Policy 7. Protect and improve air quality iu the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. DYes D No.c81 Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of South old from solid waste and hazardous substances and wastes. See L WRP Section III - Policies; Pages 34 through 38 for evaluation criteria. DYes D No g] 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 South old. See L WRP Section III - Policies; Pages 38 through 46 for evaluation criteria. D YesD No~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in' suitable locations. See L WRP Section III - Policies; Pages 47 through 56 for evaluation criteria. DYes D No fgJ Not Applicable . Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See L WRP Section III - Policies; Pages 57 through 62 for evaluation criteria. DYes D No~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See L WRP Section III - Policies; Pages 62 through 65 for evaluation criteria. DYes D 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. DYes D No ~ Not Applicable