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HomeMy WebLinkAbout1000-83.-1-4 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~ James King, President To;vn of Southold Board of Trustees From: Mark TelTy, Principal Planner LWRP Coordinator Date: November 29, 2007 Re: Request for Wetland Perufit for Birch Hills Property Owners Association, Inc. SCTM#83-1-4 BIRCH HILLS PROPERTY OWNERS ASSOCIATION, INC. requests a Wetland Pernfit to repair the existing beach stairs, deck, and safety fence along the top of the bluff: Located: 355 Glen Court, Cutchogue. SCTM#83-1-4 The repair to the existing beach stairs 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 generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that the following Best Management Practices are applied to further the policies: 1. Require a re-vegetation plan for the bluff following construction to control erosion. 2. Require that existing vegetation on the bluff is protected during construction and the applicant limits the clearing of vegetation to the area necessary to repair the access stairway. 3. Construction materials as per Chapter 275 requirements, with no treated lumber for decking. The proposed deck has been reviexved to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Progrmn (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 reconm~endation 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 deck exceeds the size allowed pursuant to Chapter 275-11~ A. General~ (6~ Decks and Platforms: No decks or platforms shall be permitted on or near bluffs. Phttforms associated with stairs may not be larger than 32 square feet. Please require that the applicant amend the application to meet the above policy to the greatest extent practical. 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" 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- sul)t0ortin~ facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# 1000 PROJECT NAME A copy of the LWRP is available in the following places: online at ..... webmte (southoldtown.northfork.net), the Board of Trustees local libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION Birch Hills Property Owners Association, Inc. The Application has been submitted to (check appropriate response): To.n oard [] Planning oard [] ui dingDept. oardomustees 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: Maintenance Permit to allow for maintenance of existing structures of the stairs and deck and continue planting to protect the bluff area. 355 Glen Court, Cutchogue, New York Location of action: Site acreage: 1.00 acre Present land use: 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) Nameofapplicant: Birch Hills Property Owners Association, Inc. (b) Mailing address: c/o Lark & Folts, Esqs., P.O. Box 973, Cutchogue, NY 11935 (c) Telephone number: Area Code ( ) 631-73/4-6807 (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 [] NotApplieable Your applicant's property is designated "Park and Play,round" for a 16 lot residential subdivision known as "Birch Hills" of which 12 lots are presently occupied by homes. The upland portion of the "Park and Playground" has since 1967 served the Birch Hills residents as a recreational area for the children as well as passive recreational and social gatherings on t~deck especially at sunset. It has also served as access via stairs (Continued on additional sheet) '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. 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 Over the last 35 years your applicant has been able to slow down and control the erosion problem on the bluff area and eliminate the water flooding on the upland portion of the "Park and Playground". Various flowering plants have been planted on this upland portion to enhance its visual quality for the use and benefit of the residents of the Birch Hills subdivision. The observation deck needs to be maintained so the residents can enjoy the spectacular view of Long Island Sound especially at sunset. 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 When the subdivision was approved by the Planning Board in 1967, there was virtually no vegetation on the bluff portion of the "Park and Playground". It was unfortunate the developer did not provide properly for the street water drainage for the subdivision. As a result the upland portion of the "Park and Playground" was continually flooding. (Continued on additional sheet) 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 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 x Not Applicable At~ach 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 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. --] I 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. [] Yes~ No ~ Not Applicable At~ach 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 Peeonie 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 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 Barbara Ripel TITLE Vice President DATE 10/30/07 LWRP CONSISTENCY ASSESSMENT FORM Project Name: Birch Hills Property Owners Association Inc. "Park and Playground" (SCTM #1000-83-1-4) Policy 1. (Continued) to the lower "Park and Playground" (beach area) which is used by residents for swimming, fishing and sunbathing. It is intended by your applicant to continue the use of the "Park and Playground" as passive recreation for the use and enjoyment of the lot owners. Policy 4. (Continued) The hydraulic pressure of the water sitting on the low portions of the upland portion of the "Park and Playground" created frequent blowouts along the bluff area which resulted in the loss of large chunks of the bluff area and the stairs leading to the beach and the observation deck. In the mid 1970's hundreds of yards of soil were trucked in to fill the voids. Before the stairs and the deck were rebuilt with volunteer work of the members of the applicant's association in the early 1980's, 50± feet deep holes were dug in the low portion of the property and filled with clean sand which allowed the street water to percolate into the ground. The results were spectacular in that it generally stabilized the bluff area from suffering from continuous blowouts from hydraulic pressure where tremendous amounts of soil were washed down to the beach. This has not occurred for the last 30 years. In the late 1970's and early 1980's the stairs to the beach were completely rebuilt and the observation deck was reduced to half its size. It has basically withstood the test of time to this date. Terracing and planting vegetation on the bluff area has generally stabilized it except for a few small portions. Ail of the shoreline properties 300 feet to the west and 800 feet to the east are bulkheaded. The toe of your applicant's property continued to washout during storms due to wave action. The way the adjacent bulkheads were built, the water was being funneled into the exposed toe of your applicant's property especially at the foot of the stairs. As a result in 1999 2000, a 107 foot length timber retaining wall was placed on the toe of the bluff on your applicant's property and was connected to the adjacent retaining walls. The landward side of the retaining wall was filled with clean sand and beach grass was planted which proved to be successful in preventing further erosion at the toe of the bluff. After the planting of the beach grass other indigenous plants were planted last year which have taken root and have eliminated much of the erosion on the bluff. The work of terracing and plantings have been done on a yearly basis by the property owners. Additional native plants have been ordered from the Department of Environmental Conservation to be used next Spring to fill in the voids at the westerly portions along the middle and upper bluff area. For the last four years association members have been stabilizing the deck and stairs by driving two inch black iron pipes to a solid foundation and then fastening the pipes to the wooded supports. This was started at the observation deck and has been commencing down the stairs, but it is a slow and arduous process. The results seem to have stabilized the deck and the stairs. For some unknown reason in the past year, individuals, including fishermen who park on the adjacent public street and children from adjacent neighborhoods, have been coming on your applicant's property to get to the beach and walk on the top of the bluff. In fact some of the children were riding their bicycles right on the edge of the bluff. This portion of the bluff is still not stabilized in some areas and the result caused large chunks of the bluff to cave in causing a tremendous danger. For safety reasons only, your applicant reluctantly installed a three foot vinyl picket fence to prevent people from walking to the edge of the bluff and someone getting hurt. The fence itself is very light and is portable and although anchored to the deck railing, it is supported by half inch pipes being placed into the ground to prevent it from being blown over in the winter time. To date this effort has been successful in eliminating people from walking along the edge of the bluff and has reduced the number of trespassers using the "Park and Playground". Your applicant intends to plant flowers to break up the effect of the fence and create an attractive area for the residents to enjoy. Next Spring indigenous plants are going to be planted along the top of the bluff. NOV - 8 £007 Southhold Town Board of Trustees