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Home My WebLink About1000-117.-8-19 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 ro~ Jim King, President Town of Southold Board of Trustees Mark Terry, LWRP Coordinator ~x~ Principal Planner Date: January 23, 2008 Re~ Wetland Permit for BELVEDERE PROPERTY MANAGEMENT, LLC SCTM# 117-8-19 BELVEDERE PROPERTY MANAGEMENT, LLC requests a Wetland Permit to install approx. 120' of single row rock wall utilizing 2-3 ton rocks. Rocks shall be placed on top of filter fabric and 25-50 lb. hardcore stone foundation. Wall shall then be covered with approx. 85 cy. of dewatered and dry spoil from adjacent dredging project. Area will then be re-vegetated with Cape American beachgrass 12" on center and Rosa Virginica planted 5' on center and bank shall be maintained and replenished annually as needed. Located: First & Jackson Streets, New Suffolk. SCTM#117-8-19 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Reviexv 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 CONSISTENT with the following Policy Standards and therefore is CONSISTENT with the LWRP. Policy Standards 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The tbllowing management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: Use hard structural erosion protection measures for control of erosion only where: 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 proiect 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. If the action is approved the following best management practice (BMP) is recommended: 1. Stabilize the bank between the rock wall and the parking lot with native vegetation. 2. Locate the wall as close to the existing bank as possible to limit hardened shoreline structure on the beach. The BMP will further Policies 5, Protect and improve water quality in the Town of Southold and 6.3 Protect and restore tidal and freshwater wetlands. 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 ~)f Southold INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT FORM · ~ ~, '~ =, All applicants for permits* including Town of Sonthold ageocies, shall complete this CCAF for proposed actions that are subject to the Town of Sonthold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Sonthokl agency in making a determination of consistency. *Except minor exempt actions inc~a~ng 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 from should ~view the exr. mpt minor action list. policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitali~mion Program A proposed action will be evaluated as to its significant beneficial ~nd adverse ¢ff-e~s upon the co~st~d an~ (which includes aH of Son*huld Town). ff any question in Section C on this form is answered "yes", then the proposed act/on may affect the achievement of the LWRP policy standards and conditions contained in the consi~itn~cy review law. Thus, the action should be analyzed in mo~ detail and, if nocessary, modified prior to making a detmmination that it is consis~nt to the maximum extent practicable with the LWRP policy stnndm-ds and conditions. If an action cannot be certified ns consistent with the LWRP policy standards and ~ndilions, i n t A copy of the LWRP is avai!ahle in the following place~: online at the Town of Soulhold's website (sontholdtown.noflbfork. net), the Board of Trustees Office, the Phnning Depamnent, all local libraries and the Town Clerk's office. IL D~ON OF SITE AND PROPOSED ACTION SCTM~ ~000 - 117 0 -39 The Application has been submitted to (check appwpriate response): TownBonrd ~-~ Pl,nninsDepL [] Suf~l~sDepL [] BonrdofTrustees [] Category of Town of Southold agency action (check appropriate response): (a) Action .ndertakcn directly by Town agency (e.g. capital construction, plan-lng activity, agency regulation, land ammction) Co) Financial assistance (e.g. grant, loan, subsidy) (c) P~nit. approval, license, certification: Nature andextentofaction: wall utilizing 2-3 ton rocks. Rocks shall be placed on top of filter fabric and 25-50 lb hardcore stone foundation. Wall shall then be covered with approx. 85 c.y. of dewatered and dry spoil from adjacent dredging project. Area will then be revegetated with Cape American Beach Grass planted 12" oc. and Rosa virginica planted 5' oc. Bank shall be maintained and replenished annually as needed. Locationofacfion:First & Jackson Streets, New Suffolk Site acreage: 0.4 9 P~sent land me: Private ferry terminal and office P~sent zoning cla~hScafion: MR 2 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: New York, Belvedere Property Management LLC 1251 Avenue of the Americas, 17th Floor NY 10020 (c) Telephone numbec Area Code (). 21 2- 7 8 2- 71 9 5 (d) Application number, if any:_ Will the action be directly undertaken, require funding, o~y ~or federal agency?. Yes [~No~'-] Ifyes, which s~or federalagency? ~.~(,S:~ C~ 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 minimig~ adverse effects of developmen~ See LWRP Section IH - Policies; Page 2 for evaluation criteria. ~ ~ NO [--] Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP ~-~ion IH - Policies Pages 3 throngh 6 for evaluation criteria F'-~/FF--F3b"Yes [] NO ~'~ Not Applicable" Attach ~dditional sheets if necessa~ Policy 3. Enhance vL, aml q~!ity and protect scenic resources throughout the Town of Southold. See LWRP Section I11 - Policies Pages 6 through 7 for evaluation criteria ~///Yes ~ No [] Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. lk41nimi~e 10ss Of life, structures, and natural resources from floodin~ and erosion. See LWRP S~J~I ~ Policies Pages 8 thm_ugh 16 for evaluation criteria Yes [] No [] Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water qnallty and supply in the Town of Southold. See LWRP Section III -~'hc~Pages 16 through 21 fo~ evaluation criteria I-J/ Yes ~-~ No ~-~ Not Applicable ARach additional sheets ffnecessaty Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including SiLmifi~nt Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section IH - Policies; Pages 22 through 32 for evaluation criteria. .~//Yes [-~No~-~ Not Applicable At~¢h additional sh~:ts ffnecessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section in - Policies Pages 32 through 34 for ev/Muation criteria. [] Yes ~-~ No ~/Not Applicable Attach additional sheets if necessary Policy $. Minimize environmental degradation in Town of Southold from solid waste and h~-~.rdous y S trod wastes. See LWRP Section III- Policies; Pages 34 through 35 for evaluation criteria. ~-~ 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 m- Poficies; Pages 38 through 46 for evaluation criteria. · ~ Ye~ No ~Not Applicable Attach additional sheets if necessary WORKING COAST IN)LICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in y b~ ocations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ~-] No ~'~ Not Applicable Attach additional sheets if nceessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic F~mry~nd Town waters. See LWRP Section 111 - Policies; Pages 57 through 62 for evaluation criteria. [~es ~-] No [] Not Applicable Attach additional sheets if nceessat~ Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section HI - Policies; Pages 62 ..ugh 65 for~o~ c~.'teria. ~'~ Yes [] No ~ ~ Not Applicable At~ach additional sheets if necessary Policy 13. Promote appropriate use and development o.f e~e. rgy and mineral resom-~es. See LWRP Section HI - Polic~;~es 65 ~hrough 68 for evaluation criteria. [] Yes [~ No [ ~0~ Not Applicable Created on 5/25/05 11:20 AM Responses to LWRP Applicant: Belvedere Property Management, LLC. Location: First & Jackson Streets, New Suffolk S.C.T.M.No. 1000-117-8-19 The project consists of the applicant's proposal to install approximately 120' of single row rock utilizing 2-3 ton rocks. Rocks shall be placed on top of filter fabric and 25-50 lb. hardcore stone foundation. Wall shall then be covered with approximately 85 c.y. of dewatered and dry spoil from adjacent dredging project. Area will then be revegetated with Cape American Beach Grass planted 12" o.c. and Rosa virginica planted 5' o.c Bank shall be maintained and replenished annually as needed. In 2006 an application was submitted to the Town Trustees and the N.Y.S.D.E.C. for this proposed activity. At that time, the project was approved by the Town Trustees, but the N.Y.S.D.E.C. had requested that the project be modified. The requested modification was for the "construction" of a sand dune, planted with native vegetation instead of the rock revetment, with the assurance that if the sand dune failed, a revetment may be constructed. The sand dune has failed and approximately 16' of uplands have eroded into Cutehogue Harbor. 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 this proposed project: Policy 1. The project as proposed will not result in any negative impacts whatsoever upon the development pattern desired by the Town of Southold or shall it result in the loss of the commullity and landscape character of the Town of Southold. Policy 2. The project as proposed shal!not result in the loss of any archeological resources. An archaeological report was prepared for the subject property and no archeological resoumes have been identified. Policy 3. The project shall not impair the visual quality or the scenic resources of Cutchogue Harbor. Policy 4. The proposed reconfiguration of the existing structure has been based on sound engineering practices and designed to minimum scale necessary to manage flooding and erosion. The project shall not negatively impact public lands or public trust lands. Policy 5. The project does not involve any direct or indirect discharges that would cause any negative impacts upon water quality standards. There shall be no 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 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. The project shall have no impact upon the ecological quality of the Town of Southold. There shall be no direct or indirect disturbance to any significant Coastal Fish or Wildlife Habitats. 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 wastes or debris. There are no baTardous 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 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 negative impacts upon any existing water-dependent commercial, industrial or recreational uses of the Peconic Bays. Nor is the project located on Mill Creek of within the Village of Greenport and does not involve water4ependent 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 maintenance 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. J.M.O. Environmental Consulting Services To whom it may concem: Please be advised that we have authorized the firm of J.M.O. Environmental Consulting Services to act as our agent on our behalf in applying for certain approvals through your agency and others involved with this project. J.M.O. Consulting Services has been retained to coordinate all approvals necessary through your and other involved agencies, as well as our architect, engineer and contractors. We request that all communications, correspondences, notices, approvals and calls be addressed directly to the offices of J.M.O. Environmental Consulting Sew/ieee. Signature .t ~,,~. ,.~jL']''/. Dated Phone (631) 653-0607 · Fax (631) 653-3348 '~2'~ Jessup Ave · 2nd Floor- P.O. Box 447 Quogue, New York 11959-0447 Belvedere Property Management, LLC. New Suffolk New Suffolk Ave -_ ~eorge Rd O~/'/e~'6o.' °New Suffolk Kouros Rd - ~ Jackson St ~ - ~ 0.8