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HomeMy WebLinkAbout1000-119.-1-15 OFFICE LOCATION: Town Ha~l Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Principal Planner Date: July 18, 2007 Re~ Town of Southold Wetland Permit for John Ingrilli SCTM# 1000-119-1-15 JOHN INGRILLI requests a Wetland Permit to install on filter fabric +/-105' of 1-1.5 ton boulders along the toe of an eroded bluff. The boulders shall then be covered with +/- 150 cy. of clean sand which shall then be trucked in from an upland source and then planted with Cape American Beach Grass 12" on center. Located: 10375 Nassau Point Rd., Cutchogue. SCTM#119-1-15 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) 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 INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. It is our assessment that the erosion is not significant and the property is not endangered and could be mitigated through the successful establishment of vegetation at the toe of the bluffpursuant to the following polices below. Hard shoreline protection structures should only be allowed when a property is in danger, and no other alternative will save the structure. Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. In response to existing or perceived erosion and flood hazards, many landowners in Southold have constructed erosion control structures. Much of the hardened shoreline is not associated with water-dependent uses, but rather with uses that do not have a functional relationship to coastal waters, particularly residential development. While some erosion control structures are necessary to protect development, there are many erosion control structures located along the shoreline of the Town of Southold that are not necessary for erosion protection. Erosion control structures can be both beneficial and detrimental. While they may protect the immediate land behind the structure, they often contribute to erosion both on and off the site due to poor design and siting and lack of down drift remediation of sand. Poor design and siting has resulted in accelerated erosion, aesthetic impairments, loss of public recreational resources, loss of valuable marine and wetland habitats, and water quality degradation. The cumulative impact of these structures can be large in area and significant in impact. Therefore, before a permit is granted for erosion control structures, the purpose, function, impact, and alternatives to the project must be carefully evaluated to determine whether the structures are necessary and whether adverse impacts can be avoided or minimized. Although parts of the Southold shoreline have been fortified, there are significant stretches of the coast that remain in a natural state. The natural shoreline has an inherent natural, social, and economic value that should be respected to ensure continuing benefits to the town, region and state. Consequently, those portions of the Town's shoreline that are not fortified should generally remain in a natural condition to respond to coastal processes. Hardening of the shoreline is to be avoided except when alternative means, such as soft engineering alternatives are not effective. Beach nourishment, revegetation, offshore bar building, or inlet sand bypassing are preferred approaches to control erosion because of their lower cost and fewer environmental impacts than hard structures. Hard structures may be necessary to protect principal structures. The Peconic Estuary shoreline Approximately one-quarter of the shoreline in each of the Reaches 6, 7, 8 and 9 are bulkheaded and most of the inlets and creeks along the Peconic Estuary shoreline have bulkheading along over 20 percent of their shoreline (Dobriner, 1990). In residential areas, about 50 percent of the shoreline is bulkheaded. Over 1,000 groins and numerous jetties can be found throughout the shoreline of the Peconic Estuary, mostly concentrated in Reaches 7, 8 and 9. Jetties have been built at the mouths of the inlets on the Peconic Estuary. Many of these inlets have been dredged by the Town and Suffolk County and placement of the material on adjacent beaches has been an important soft engineering approach to erosion management in the Town of Southold. Much of the erosion along the Peconic Estuary is due to the effects of hard erosion protection structures, reflecting the piecemeal approach that has been used to protect individual properties. Bulkheads have caused localized scouring and erosion and the groins have altered the beach profiles and interrupted the movement of sand. The Peconic Estuary Program adopted a "no net increase" policy, as detailed in the following recommendation: "Maintain current linear feet of natural shoreline and over the next 15 years reduce shoreline hardening structures by five percent (measured by the percent change of natural vs. hardened shorelines) through GIS mapping. (CCMP, Chapter 1. page 12.) Areas of low bluffs or dunes Development should be minimized within these areas, with structures set back from the low bluffs or dunes, existing houses should be moved back where possible, and native plantings used to protect the bluffs and dunes. Hard shoreline protection structures should only be allowed when a property is in danger, and no other alternative will save the structure. · Wave exposed shores Much of this unit has been protected with bulkheads and groins. Management efforts need to focus on mitigating the impacts of these structures on the remaining natural shoreline, natural resources and public trust lands. The use of non-structural measures should be encouraged. The intent of this policy is to protect life, structures, and natural resources from flooding and erosion hazards throughout the Town of Southold. The policy reflects state flooding and erosion regulations and provides measures for reduction of hazards and protection of resources. Definitions Natural protective features are nearshore areas, beaches, dunes, bluffs, and wetlands and associated natural vegetation. Policy 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: Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 3. Move existing development and structures as far away from flooding and erosion hazards as practical. 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. 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. Protect and enhance existing dunes or create new dunes using fill, artificial nourishment, or entrapment of windborne sand. a. Use only clean sand with a grain size equivalent or slightly larger than native dune material. 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. Increase protective capacity of natural protective features using practical vegetative measures in association with all other enhancement efforts. 4.2 Use hard structural erosion protection measures for control of erosion only where: 1. Avoidance of the hazard is not appropriate because a structure is functionally dependent on a location on or in coastal waters; located in an area of extensive public investment; or reinforces the role of Maritime Centers or Areas for Concentrated Development. 2. Vegetative approaches to controlling erosion are not effective. 3. Enhancement of natural protective features would not prove practical in providing erosion protection. 4. Construction of a hard structure is the only practical design consideration and is essential to protecting the principal use. 5. The proposed hard structural erosion protection measures are: a. limited to the minimum scale necessary b. based on sound engineering practices 6. Practical vegetative methods have been included in the project design and implementation. 7. Adequate mitigation is provided and maintained to ensure that there is no adverse impact to adjacent property or to natural coastal processes and natural resources and, if undertaken by a private property owner, does not incur significant direct or indirect public costs. 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. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. Maximize the protective capabilities of natural protective features by: 1. 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 of the natural shoreline C. Minimize interference with natural coastal processes by: 1. providing for natural supply and movement of unconsolidated materials and for water and wind transport Limited interference is to be mitigated to ensure that there is no adverse impact to adjacent property, to natural coastal processes and natural resources, and, if undertaken by a private property owner, does not incur significant direct or indirect public costs. The LWRP requires that the proposal be evaluated for the impact of divertine wave and wind energy on the neighboring parcels. Furthermore the proposed boulders will disrupt the natural erosive forces that nourish the beach. Inspection and evaluation of the parcel leads to the conclusion that changing the grade and adding sand and plantings is the first project to install in order to reduce erosion at the toe of the bank. Ingrilli property. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. MT/hk¢ JUN-28-2007 12:42 FROM:JMO CONSULTING 6533348 TO:?G~6641 P.2 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS Ali applicants for permits* including Town of Southold agencies, shah completc this CCAF for proposed a~lions that are subject to the Town of Southold Watm~mmt Consistency Review Law. This assessmcot i~ inteaded to supplement other information used by a Town of Southold agen~ in making a d~torminafion of connisteacy. *Except minor ~empt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answ~ning the questions in Section C, the prepat~ of this form should review the exeaiipt minor aclion list, policies and explanations of es~h policy contained ill tho Town of Soultmld Local Watertight Revitalizalion Program. A proposed action will be evaluated as to its ~ignificant beneficial and adverse effects UlXm &¢ coastal area (which includes all of Somhold Town). If any queslion in Section C on this form is answ~ "yes", then the proposed action may affe.~ th~ schievement of the LWRP policy standards and conditions contained in tbe comisl~acy l~view law. Thus, the aclion should be analyzed in more detail and, if necessa~, modified prior to m~kin$ a detr~ud~afion that it is consistent to the maximum extent practicable with the LWRP policy standards and comlitions. If an action cannot be certified as consistcat with the LWRP policy standards and conditions, it shall.not be undertaken. A copy of the LWRP is available in the foUowing places: 'online at the Town of Southold's websit~ (southold~'n.norglfork.net), the Board of TlXlSl '". ..... w - ' t, all B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 119 ~.1 15 $outhold Town The Application has been submitted to (check appropriatc response): Board of Trustees TownBoard [] Planning Dept. F'~ BufldingDept. [] BoardofTrustecs.~.~..~ 1. Category of Town of Southold agency acti~c3a~ete~sponae): (a) construcli°n' plannm§ activ'ty' agency re~!~-l'~n~l~J~hsacU°n) Co) Financial assistance(e.g, grant, loan, subsi '"~ ~ ,,, ~ ""'? .... Nature and cxt~nt of Applicant proposes to install ~aB~' _ of 1- 1.5 ton boulders along' the toe of an eroded bluff Thq,,,,bOulders shall then be covered with +150 o.y. of clean sand which shall then be trucked in from an upland source and then planted with Cape American Beach Grass. 12" on center. $UN-28-2007 12:43 FROM:JMO CONSULTING 6533J48 T0:7656641 P.~ Location of action: Site acreage:. 10375 Nassau Point Road, Cutchoque .04 Present~nduse: Existinq sinqle family dwellinq l~esent zonin§ clas~ficafiom It- ff un application for tho propoecd action haz beso filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: John Inqrtlli (b) I%~milingaddress: 3444 Carrollton Avenue, Wanta~ht NY 11793 (c) Telephone number: Area Code ( ). c/o631-734-5217 (d) Application number, if any: n / a Will the action be directly undertaken, require funding, or approval by a stat~ or federal agency? Yes [] No[~ Ifyes, which state or federalag~ncy? NYSDEC 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 ora eoastai location, and minimizes adverse effects of development. See LWRP Section m- Policies; Page 2 for evaluation criteria. [] Yes n~ No [] Not Applicable Policy 2. Protect and preserve historic and archaeological resources of the Town of Santhold. See LWRP Section m - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] Not Applicable JUN-28-2007 12:43 FROM:JMO CONSULTING 6533348 T0:7656641 Attach sddifional sheet~ if nece~my Policy 3. F~h~nce visual quality and protect scenic resources throughout ~he Town of ~outhold. See Lw~r s~:~on m- Policies Pages 6 through 7 for evaluation criteria [] Yes [] No [] Not Applicable Attach additional sheets if ncccssmy NATURAL COAST POLICIES Policy 4. Minlmi~ loss of life, structures, and natural resources from flooding and erodon. See LWRP Seeaon m- ronm~ Ps~es 8 through 16 for evaluation criteria [] Yes ~ No ~ Not Applicable Attach additional shc~ if n~c~s~my Policy $. Protect and Improve water quality and supply in 1he Town of $outhold. See LWRP Section . Policies Pages 16 through 21 for evaluation criteria [] Ye~ [] No [--~NotApplieable Ataw. h ~Wifioml ~h~ if n~e,~$aaty Policy 6. Protect and m~ ae q,ml~ nd ~on of ae To~ ~ ~ld ~ma hdu~ Si~i~nt C~ ~ ~d Wfl~e ~ ~d w~an~. S~ L~ Mon IH - Pofl~e8; Pa~ 22 ~u~ 32 for evMuaflon c~e~a. otAppli ,b e JUN-28-2007 12:43 FROM:JMO CONSULTING 6533348 T0:7656641 P.5 AUach additional she. ts ifneccs~a~ Policy 7. Protect and improve air quality in the Town of Southold. See LWRI' Section 111 - Policies Pages 32 through 34 for evaluation criteria. [] Yes [] No [] Not Applicable Attach ad~ou~ sheets if necessary Policy 8. Min!m~ eovironmqtttid de~radalJo[! In TOWll of Southold from solid waste and hnnrdous substances nd wastes. See LWRP Section m - Poflcies; Pages 34 through 38 for evaluaOon criteria. ~Yes [] No [] Not Appflcable PUBLIC COAST POLICH~-q Policy 9. Provide for public access to, and recreational use or, coastal waters, public lands, and public resources of the Town of Southold. See LYVRP Section IH - Policies; Pages 38 through 46 for evaluation criteria. [] Ye~ No[-~ Not Applicable Attach additional sheexs if nece.~a~ WOR1ONG COAST POLICEF. S Poflcy 10. Pro~_e~__ Southold*s water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section ILl - Polleles~ Pages 47 through 56 for evalnnfl0n criteria. [~Yes [] No [] Not Applicable JUN-R8-800? 12:45 FROM:JMO CONSULTING 6533348 TO:?656641 Policy 11. Promote sus~qinnble use of living tontine resources in Long Island Sound, the Peconic F. smary and Town waters. See LWRP Section m - Poticies; Pages 57 through 62 for evaluation criteria. n~ Yes [] No [] Not Applicable AtMch addi~on~ sh~ if'n~ Policy ~. ~ ~ hn~ ~ ~e T~ of ~u~. S~ L~ ~n m - PoH~; Pag~ 62 ~u~ ~ for evMuaflon c~te~a. ~ Yes ~ No ~ Not Appflcable Ammh ~ldifion~l ~ if n~ry Policy 13. Promote appropriate ~ ~d devMopmmt of ~ ~d mi~ ~m. S~ L~ S~on ~ - PoH~; Pag~ 6~ ~rou~ ~ for ~uaflon c~ ~ Y~ ~ NO ~ Not Applicable Createdon5/25/05 ll:20AM JUN-2B-20B? 1~:43 FROM:JMO CONSULTIN~ 65333~B T0:76S6641 P.7 Applicant: John Ingrilli, 10375 Nassau Point Road, Cutchogue S.C.T.M.No. 1000-119-01-15 The project consists of the applicant's proposal to install on filter fabric+ 105' of 1- 1.5 ton boulders along the toe of an eroded bluff. The boulders shall then be covered with + 150 c.y. of clean sand which shall then be trucked in from an upland source and then planted with Cape American Beach Grass 12" on center. As part of my review of the Town's LWRP Consistency Form Section C, I offer the following comments regarding the Local Waterfront Revitalization Policies and Ibis proposed project: Policy 1. The project as proposed does not involve agricultural land nor will open space be utilized or impacted. The project will not result in any negative impacts upon the desired development pattern of the Town of Southold nor shall it result in the loss of the community and landscape pattern of the Town of Southold. I believe that this project is consistent with this policy. Policy 2. The project as proposed does not involve excavation and will have no impact upon any archeological resource. The project will not negatively impact upon the preservation and retention of historic resources nor will it have any impacts upon resources that are significant to the coastal culture of the Long Island Sound. I believe that this project is consistent with this policy. Policy 3. Upon completion of the project (sand placed on boulders and planted with native vegetation), the bluff shall be restored to it's former natural state. There shall be no impacts on the scenic resources of the Town ofSouthold. I believe that this project is consistent with this policy. JUN-88-8887 12:44 FROM:JMO CONSULTING 65J~3348 TO:?656641 P.8 Policy 4. The project as proposed is to control the erosion of the toe of an existing bluff. Being that the project is located +, 27' landward of the AHW Line, it should not negatively impact the down drift of sand at the site nor contribute to accelerated erosion. If the sand place atop the boulders erodes, it can be readily replaced, as an alternative, bulkheading was explored but dismissed since there are no existing bulkheads located adjacent to the site. I believe that this project Policy 5. I feel that the proposed project is consistent with this policy for a number of reasons. The project does not involve any direct or indirect discharges that would cause any negative impacts upon water quality standards. There shall be no increase or decrease in the pH, the dissolved oxygen or nutrients in the waterway and there should be no increase in noxious odors at the project site. There shall be no increase in negative health impacts such as pathogens, chemical contaminants or toxicity nor shall there be any negative aesthetic factors involved with the project. The project does not involve watershed development or the quantity or quality of potable water. Policy 6. I feel that the project is consistent with this policy. The project as proposed shall have no impact upon the ecological quality in the Town of Southold. There shall be no negative impacts upon the adjacent area of tidal wetlands by the destruction of habitat or significant impairment to the tolerance range of any species offish or wildlife. The project should have no impact upon any vulnerable fish, wildlife, plant species or rare ecological communities. Policy 7. I do not feel that this policy is applicable to this project since the project does not involve any atmospheric deposition of pollutants. Policy 8. I believe that the project is consistent with this policy. The project shall not involve the disposal of solid waste or debris There are no b~Ts~dous waste or toxic pollutants involved with the project. Policy 9. I do not feel that this policy is applicable to this project. The proposed project shall have no impact upon adequate physical public access to coastal resources, shall not impact any public visual access to any lands or waters, involve the public interest in and use of lands and waters held in public trust or to public access of such areas. Nor will the project have JUN-~8-~OB? 1~:44 FROM:JMO CONSULTING 6553~48 T0:7656641 P.9 impacts upon the public's right of access along the shoreline Policy 10. I feel that the project is consistent with this policy. The project shall have no impacts upon any existing water-dependent commercial, industrial or recreational uses of the Peconic Bays. Nor is the project located on Mill Creek or within the Village of Greenport and does not involve water-dependant uses at those sites. Policy 11. I feel that the project is consistent with this policy. The project does not involve aquaculture or the removal of shellfish from uncertified waters of the Town of Southold nor shall it have a negative impact upon the long-term mnintenange and health of living resources. Policy 12. I do not feel that this policy is applicable to the project because no agricultural lands are involved. Policy 13. I do not feel that this policy is applicable to the project since the project does not involve energy or mineral resources. Applicant: John Ingrilli Location: 10375 Nassau Point Rd, Cutehogue S.C.T.M.No. 1000-119-01-15 Locus: 40059'27" 72~26'13. Datum: Apparent Low Water Purpose: Bluff stabilization _~15Oe,¥ OF 5AND ,TRUCKED IN FILTE~ ~,~]1 ~NT~NGS ~2 PROP, I - L5 TON BEACH BOULDE RS Applicant proposes to install on filter fabric +_ 105' 1 - 1.5 ton boulders along the toe of the eroding bluff. The boulders shall then be covered with _+150 c.y. of clean sand which shall be tracked in from an upland source and then planted with Cape American Beach Grass planted 12" on center. At Great Peconic Bay, Cutchogue, Town of Southold, Suffolk County, New York. * AHW, ALW located by G Just 1245 Hrs. 29 Mar' 07 J.M.O. Environmental Consulting Services Quogue, New York GREAT S.C.T.M.No. 1000-119-01-15 Locus: 40°59'27" 72°26'13" Datum: Apparent Low Water Propose: Bluff stabilizatio'n Applicant: John Ingrilli Location: 10375 Nassau Point Rd, Cutchogue Applicant proposes to install on filter fabric _+ 105' 1 - 1.5 toe boulders along the toe of the eroding bluff. The boulders shall then be covered with _+150 c.y. of clean sand which shall be trucked in from an upland source and then planted with Cape American Beach Grass planted 12" on center. At Great Peconic Bay, Cutchogue, Town of Southold, Suffolk County, New York. * AHW, ALW located by G Just 1245 Hrs. 29 Mar' 07 JMO ENVIRONMENTAL CONSULTING QUOGUE, N.Y. SCALE I": 40'