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Home My WebLink About1000-83.-2-4.1 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. 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: From: James King, President Town of Southold Board of Trustees Mark Terry, Principal Planner LWRP Coordinator Date: September 14, 2007 Re: Request for Wetland Permit for Cheng Kai Yu SCTM# 83-2-4.1 CHENG KAl YU requests a Wetland Permit & Coastal Erosion Permit to construct a second-floor addition to the existing dwelling, alteration of first floor, and new second- story deck; construct 35' stone retaining wall; restoration of stone walk/steps over bluff; and fill and replant vegetation around top of bluff. Located: 3300 Dignan's Rd., Cutchogue. SCTM#83-2-4.1 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. 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. 4. 5. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water- dependent as far away from coastal hazard areas as practical. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. 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, public infrastructure, or major public facilities. c. sites where relocation of an existing structure is not practical. Use hard structural erosion protection measures for control of erosion only where: Vegetative approaches to controlling erosion are not effective. Enhancement of natural protective features would not prove practical in providing erosion protection. Construction of a hard structure is the only practical design consideration and is essential to protecting the principal use. The proposed hard structural erosion protection measures are: a. limited to the minimum scale necessary b. based on sound engineering practices Practical vegetative methods have been included in the project design and implementation. 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. Note: that the bluff is actively eroding with the more severe erosion occurring adiacent to the lawn area adiacent to the top of bluff. The effectiveness of the 35' stone wall to stabilize the bluff through orotection of the toe of the bluff is questionable as gullies have developed from the top of bluff. IT IS STRONGLY RECCOMMEDED THAT AN ENGINEER REVIEW THE PLANS PRIOR TO TRUSTEE REVIEW. The following best management practices are recommended. It is strongly recommended that a non-disturbed vegetated buffer be established landward of the top of bluff to the landward limit of the Coastal Erosion Hazard Line (15+') to control storm water~ minimize erosion and help stabilize the bluff. 2. Require hay bales during construction landward of the Coastal Erosion Hazard Area. 3. Require gutters~ leaders and drywells landward of the existin? structure and additions to contain roof runoff. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. 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 Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The distance to the proposed trellis from the top of bluff is 28 feet; the distance to the proposed second floor addition from the top of bluff is 44 feet; a minimum setback distance of 100 feet from the wetland line is required pursuant to Chapter 275- 3.Findings; purpose; iurisdiction; setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent practical. Figure 1. Yu property with Coastal Erosion Hazard Line depicted. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Kieran Corcoran, Assistant Town Attorney MT/hkc Tdwn A. of~outhold ~.~ ~' I}~ i ~ ~ [~ ~ ~ ~'~'~'~ L~ CONSIS~NCY ASSESS~ FO~~H]H] ~ ~STRU~IONS k I--I pro~sed actions ~at ~e subject to ~e To~ of Sou~old Wa~t ~o~is~ncy Review Law., assessment is ~tended to su~lemant o~er ~o~ation use /~ ~ ~ m~ng a d~e~afion of consistency. *~cept minor exe~o~ inclu~n~er~ and other ministerial permits not located within the Coastal Erosion H~ard 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- suuuorfiw, facts. If an action cannot be certified as consistent with the LWRP policy stand,ds and conditions, it shall not be undertaken. PROJECT NAME ytJ DESCRIPTION OF SITE AND PROPOSED ACTION A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of T __ local libraries and thc Town Clerk's office. The Application has been submitted to (check appropriate response): TownBoard [] Planning Board ~] Building Dept. ~ BoardofTrustees 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: ~/~XI' bh / Nature and extent of action: q')_ RSo opl-Y-.A/6r Hoo ; CAPD ntv Vt.oo ) 0 F. CLL oy_z/3VD roV£/kl OUlVD t L L,'FF Location of action: Site acreage: Present land use: Present zoning classification: 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: (b) Mailing address: (c) Telephone number: Area Code ( )_ (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [-~ No ~ If yes, which state or federal agency?. 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 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 At~ach 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 [] No [~ Not Applicable At~ach 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 Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~17~ 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 / t, t9 / 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. Yes No 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. ~ Yes V~ 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 III - Policies; Pages 38 through 46 for evaluation criteria. [] Ves~ No ~ Not Applicable Attach additional sheets if necessary W~)RKING 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. No Not Applieable Yes Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconie 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 At~ach 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 DATE SURVEY OF PROPERTY A T CUTCHOGUE TO'tN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-85--02-~.1 $CAL~: 1'--50' MARCH .~0, 2007 25' Right of Woy ~ $45'45'00'W 194.13 10' Right of Way ELEVATIONS & CONTOURS ARE REFERENCED TO N.G.V.D, AREA= 1.8995 ACRES TO TIE LINES EL 44 EC T/ON OF STA/RS TO BEACH 2 4% r~i¢ ORE,YON ROAD Ei .Y~S. tiC. NO. 49618 X (631) 765-1797 · 76° 06'15'1E. 64.30' LONG ISL4ND SOUND N. 7'5o 50'3S,, E. 1-59.47,