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Home My WebLink About1000-27.-4-7 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: Jim King, President Town of Soathold Board of Trustees Mark Terry, LWRP Coordinator Principal Planner Date: December 7, 2007 Re: Wetland Permit for Lisa Gillooly SCTM# 27-4-7 LISA GILLOOLY requests a Wetland Pennit& Coastal Erosion Permit to construct a bulkhead along 103' of shoreline using vinyl sheathing, a 12'X 24' platform and 4'X 10' catwalk. Located: 450 Harbor Rd., Orient. SCTM#27-4-7 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. 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 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed bulkhead is a prohibited action pursuant to § 275-11. Construction and operation standards section B. 1. (d) which states: (h) New bulkheads in creeks and bays are prohibited, unless the operation involves construction of a low-sill bulkhead, Chapter 275 defines a low sill bulkhead as LOW-SILL BULKHEAD -- A subtidal structure designed to stabilize the toe of a slope or shore and often associated with boat basins or other navigable waterways. In addition, the proposed 12'x 32' deck~ located on the beach~ associated with the catwalk is prohibited pursuant to Chapter 275-1L A. (6) Decks and platforms. No decks or platforms shall be permitted on or near bluffs. Platforms associated with stairs may not be larger than 32 square feet. [Amended 10-11- 2005 by L.L. No. 17-2005] (8) No structures on beaches, bluffs or dunes unless approved by the Board at its discretion based on its site inspection. [Added 10-11-2005 by L.L. No. 17-2005] No structures are allowed on the beach, pursuant to Costal Erosion Hazard Areas Chapter 111-12 (d) which states: D. All development is prohibited on beaches unless specifically provided for by this chapter. It is recommended that the applicant utilize vegetative methods to control erosion. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. 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. 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. 3. 4. 5. 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. The site was inspected on November 13, 2007. Erosion of the bank where the bulkhead is proposed is moderate with scouring of the toe of the bank. The applicant attempted to stabilize the bank with vegetation, however, the vegetation failed to stabilize the bank and the root balls are currently exposed. Therefore, due to the fetch and exposure to the water body the Board may consider a hybrid erosion control method consisting of vegetation and a rock revetment, with the vegetation planted landward of the structure. 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/hkc T°Wn °f S~u~h°ld ~ ~ LWRP 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 Building 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 detafl~ listing both supporting and non- sum)ortim, 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 Southold ' s website (southoldtown.northfork.net), the Board of:Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. SCTM# ,oq, q PROJECT NAME B. DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted to (check appropriate response): Town Board [] Planning Board ~ BuildingOept. [] Board ofTrustees [~ 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: 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: · - r~ (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 Attach additional sheets if necessary Policy 3. LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~ Yes ~ No 'F.j Not Applicable Enhance visual quality and protect scenic resources throughout the Town of Southold. See 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 [~ 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 t_ · Not Applicable - ,, ¥ - . _ . At~ach 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. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and Wastes. Sec LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~ Yes [] No 1~' ~ Not App!icable , PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes~ No~ NotApplicable 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 LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [-~ Yes [] No ~'~ 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 LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. 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 PREPARED BY TITLE DATE SUP~X/E¥ OF PROPFt~.-I-'r' SITUATE.. ORIENT TOI'~N.. ff~>UTHOLP SUFFOLK. COUNT~, 13 N NOTES: 0 PIPE FOUNC~ AREA = 16,4~2 5f or 0.38 0¢c~5 ®RAPHIO SCALE I"= 20' JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RiVERItEAD, N.Y. 11901 369-8288 Fax 369-8287 1LEF.\~Hp serverkd~PROS\05-172.pro