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HomeMy WebLinkAbout1000-70.-10-62.1 OFFICE LOCATION: Town Hall 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 o f Southold Board of Trustees From: Mark Terry, LWRP Coordinator._[~/ Principal Planner Date: December 10, 2007 Re~ Wetland Permit for KEVIN GALLAGHER SCTM# 70-10-62.1 KEVIN GALLAGHER requests a Wetland Permit to construct two (2) stone revetments at the subject parcel to curb areas of substantial erosion. Both revetments will consist of cap stone and toe stone in the 50-100 lb. rm~ge and will be backfilled with clean upland sand and vegetated with Cape American Beachgrass. Located: 40 Beachwood Lane, Southold. SCTM#70-10-62.1 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. 6.3 Protect and restore tidal and freshwater wetlands. Restore tidal wetlands and freshwater wetlands', wherever practical, to foster their continued existence as natural systems by: 1. reconstructing lost physical conditions to maximize wetland values, 3. manipulating biological characteristics to emulate natural conditions through re-introduction of indigenous flora and fauna, and protecting lands adjacent to wetlands from alterations so as to maximize natural buffers to wetlands. 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. 2. Vegetative approaches to controlling erosion are not effective. 3. Enhancement of natural protective features would not prove practical in providing erosion protection. 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. The revetment is proposed within an intertidal zone subject to tidal action and hence erosion over long periods of time. As you are aware, the erosion process within these areas contributes to the food web of species dependent upon zone. Hardened shoreline structures are supported by the LWRP only where severe erosion exists and the protection of property is imminent or ifa maritime dependent use requires a bulkhead for sustainability. The applicant has not demonstrated that severe erosion exists and no threat to existing structures is apparent. Correspondingly, a wood retaining wall occurs landward of the proposal further protecting the upland structures. It is recommended that the applicant restore the areas through the re-vegetation of the areas with the appropriate vegetative species and minimal changes of the elevations of the grade. 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 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM 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", 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 LWRP policy standards and conditions. 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 O, ffice the Pla?ning Department all local libraries and the Town Clerk's office. , DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 70 10 - 62.1 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] 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: Nature and extent of action: Applicant proposes to two [2] small stone revetments at the subject parcel to curb areas of substantial erosion. Both revetments will consist of Cap Stone and Toe Stone in the 50-100 lb ran,qe and will be backfilled with clean upland sand and ve,qetated with Cape American Beach Grass. Location of action: Site acreage: Present land use: 40 Beechwood Lane; Town of Southold 0.53ac residential Present zoning classification: R-40 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: Kevin Gallagher (b) Mailing address: P.O. Box 25 Southold, NY 11971 (c) Telephone number: Area Code ( 631 ) 786-2135 (d) Application number, if any: N/A 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? 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 of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [] Yes [] No [] Not Applicable The instant proposal is consistent with the oolicv in that the sitinq and utilization of the improved erosion - control facilities (i.e. stone revetment) will maintain the character of the surroundinq neiqhborhood, which currently consists of other similarly improved lots with similar shorelines characterized bv natural structures and vecletation, which the prooosed revetment will mimic. In addition, subiect oarcel will be in harmony with this "...beneficial use of a coastal location..." in that the subiect waterfront lot will be enhanced and improved by the installation of the proposed stone revetment in order to control erosion alona the situate shoreline. The instant proposal will also "...minimize the adverse effects of development" in that the orooosed construction is situated only in the areas of substantial erosion and not the entirety of the situate shoreline. Accordinqly, we feel that the instant proposal complies with Policy 1. 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 [] No [] Not Applicable Policy 2 is not applicable in that subject lot and the surroundin.q neiqhborhood cannot be deemed a substantial historic and/or archaeoloaical resources. 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 5 through 7 for evaluation criteria [] Yes [] No [] Not Applicable Subject ProPosal will not adversely impact the visual quality of the surroundinq area in that the proposal is to install a stone revetment alonq the situate shoreline of the subject parcel. The surrounding1 area is currentlv comprised of properties containJna similar veaetated shorelines, which the proposed revetment will mimic. Scenic resources, assumedlv views of Goose Creek, are not at risk because the proposed revetment will not block any views of said resource. In addition, stone and vegletative revetments are an intearal Dart of the Southold Shoreline and do not neqatively impact scenic resources. Therefore, we feel that the instant proposal complies with Policy 3. 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 Subiect orooosal will fully comolv with this Policy in that the proposed stone revetment is specifically designed to minimize and/or prevent loss of life, structures and natural resources from floodinq and erosion. In addition, the ProPosed construction in only the affected areas and not the whole shoreline, will help to "manaqe naviqafion infrastructure fo limit adverse impacts on coastal processes" by drastically reducinq the amount of siltation caused by the project and thereby limitinq impacts to the navi,qation of Goose Creek. The IgrolDosed revetment will also reduce current erosion which will in and of itself reduce siltation into the Creek Therefore, we feel that the instant ProPosal complies with Policy 4. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section Ill - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No [] Not Applicable Policy 5 is not applicable to this proposal in that it will have no effect to the water quality/supply within the surroundina area. 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 Subject proposal will maintain the quality of the surroundinq ecosystem in that the proposal is to simply install a stone revetment. Stone revetments in and of themselves have not been shown to adversely impact aquatic ecosystems. The proposed stone revetment will prevent any further erosion to the property, thereby oreventin~l any upland soils from enteringl Goose Creek. The choice to construct in only the most affected areas and not the entire shoreline, will further "protect and restore ecoloqical quality..." by limitinq the amount of siltation caused by the instant proposal. Therefore, we feel that the proposal fully complies with Policy 6. 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 [] No [] Not Applicable Policy 7 is not applicable to this proposal in that the proposal is simply to replace an existina timber bulkhead thereon, and which will not result in any form of adverse effects to air quality. Accordinalv, this praposal is not applicable with this policy. 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 IIl- Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No [] Not Applicable Policy 8 is not applicable to this proposal in that the prooosal does not involve disoosal and/or transportation of solid waste, hazardous waste, toxic pollutants, or petroleum products. Attach additional sheets if necessary PUBLIC COAST POLIC1ES 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 [] Not Applicable Policy 9 is not applicable to this proposal in that the proposal is not situated within a Drooertv containina, or havinq the potential to cantain, public access to coastal waters, public lands and/or public resources within the Town of $outhold. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable Policy 10 is not applicable to this proposal in that the proposal does not involve a water-dependent use (i.e. marina, aquaculture, etc...1. 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 1II - Policies; Pages 57 through 62 for evaluation criteria [] Yes [] No [] Not Applicable Policy 11 is not applicable to this proposal in that the proposal does not involve any form of marine resource manaqement (i.e. commercial fisheries, recreational fisheries, aquaculture, etc...). 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 Policy 12 is not applicable to this proposal in that the proposal does not involve oaricultural lands li.e. the conversion of farmland, the establishment and Jar maintenance of new coastal aglricultural production, etc...) 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 Policy 13 is not applicable to this proposal in that the proposal does not involve the conservation of enerov resources on a commercial level and/or the promotion of alternative ener.qy sources, broider maintenance of fuel stora.qe facilities and/or the extraction of mineral extraction Attach additional sheets if necessary Site Plan Scale: 1' = 40' RltlrCletk Eastern Cross Section [~lflgSf Po~nf) Western Cross Section Proud Rite[ Cloth - \ Site ?j ; ,etail I NOV 1 6 2007 STONE & VEGETATIVE REVETMENT PLAN for: KRVIN GALIAGI-IRR Property Situate: 40 Beechwood Lone . Town of Southold, NY SCTM #: 1000 - 70 - 10 - 62.1 Suffolk Environmental Consulting, Inc. Phone: (631) 637- 6160 Fax: (631) 537 - 5291 P,O. Box 2003 · Bridgehampton · NY · 1 t 632 DATE: 10/30/2007 SCALE: as noted DRAWN BY: wil COMMENTS: Prepgred for reaulatorv submission · 1 OF 1 PROJECT DESCRIPTION The applicant proposes to install two [2J new stone & vegetative revetments at the subject parcel in order to alleviate substantial erosion in the affected areas. The larger westernmost revetment will measure 25' wide x 11' deep (maximum) and consist of a layer of typical filter cloth (e.g. Gee-Grid®), Core Stone comprised of mixed medium gravel, Cap Stone in the 50-1001b range and Toe Stone in the 50.100lb range. This revetment will be backfilled with approximately 7.5 cubic yards of ctean sand from an approved upland source, An area extending 5' landward from the proposed Cap Stone will then be planted with Cape American Beach Grass {Ammophila breviligulafa) plugs, I' ac. The smaller easternmost revetment will measure 24' wide X 5' deep (maximum) and consist of a iayer of typical filter cloth [e.g. Geo-Orld®J, Core Stone comprised of mixed medium gravel, Cap Stone in the 50-100ih range and Toe Stone in the 50-1001b range. This revetment will be bockfilled with approximately 1.5 cubic yards of clean sand from an approved uptand source. The backfilied area will then be planted with Cape American Beach Grass (Ammophila brevifigulafa) plugs, 1' oc.