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HomeMy WebLinkAbout1000-117.-8-20 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 OFSOUTHOLD MEMORANDUM To: Jim King, President Town of Southold Board of Trustees From: MarkTerry, LWRP Coordinato~2) Principal Planner Date: January 23, 2008 Re~ Wetland Pernfit for BELVEDERE PROPERTY MANAGEMENT, LLC SCTM# 117-8-20 BELVEDERE PROPERTY MANAGEMENT, LLC requests a Wetland Permit to reorganize approx. 540' of existing jetty rocks and supplement with 1-3 ton rocks as required to raise elevation to 6' above mean low water. Restore beach area with dewatered and dried spoil from maintenance dredging project. Area will then be re- vegetated with Cape .A2nerican beachgrass planted 12" on center. Located: First & Jackson Streets, New Suffolk. SCTM#117-8-20 The proposed action has been reviexved 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 Foml submitted to this department, as well as the records available to me, it is nay recommendation that the proposed action is CONSISTENT with the following Policy Standards and therefore is CONSISTENT with the Policy Standards 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 fi'om 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 desiEn 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. If the action is approved the following best management practices (BMPs) are recommended: 1. Locate all dredge spoil landward of the mean high water to minimize the impact on the intertidal zone. 2. Minimize disturbance to existing vegetation. The BMPs will further Policies 5, Protect and improve water quality in the Town of Southold and 6.3 Protect and restore tidal and freshwater wetlands. Figure 1. Belvedere jetty and beach. 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 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 Sonthold 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 drea. 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 Wat~fiont Revitalization Program. A ~ action will be evalu_at_,~! 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 comisWaey review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a detel~adnation that it is consistent to the maximum extent practicable with lt~ LWRP policy standards and conditions, ff an action cannot be ceffified as consistent with the LWRP policy standards and conditions, it s ~ A copy of the LWRP is available in the following places: online at the Town of .SgRthold's~ local libraries and the Town Clerk's office. . .' _.::: - ' B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM0 ] 000 ] ] 7 -8-20 The .Application has been subnfitted to (check appropriate response): TownBoard ~ Planning Dept. R Building Dept. ~ BoardofTrustees Category of Town of Sonthoid 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 reorgani~, apprnY_ jetty rocks and supplement with 1-3 ton rocks as required to raise elevation to 6' above Mean Low Water_ beach area with dewatered and dried spoil from maintenance Area will then be revege~ated with Cape American Beach Grass planted 12" oc. Location of action: Site acre~e:. Present land use: Present zoning classification: First & Jackson Streetst New Suffolk MR 2 , Private ferry terminal and office 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) Nameofapplicant: Glenn Just/ JMO Environmental Consulting ~) Mailhlgaddress: P.O. Box 447, Ouogue, NY 11959 (c) Telephonenumberz. ArenCode( ) 631-653-0607 (d) Application number, if any:. unknown Yes [~ No [] If yes, which state or federal agency? 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 minimiT~s adverse effecls of development. See LWRP Section III - Policies; Page 2 for evaluation [] No ~-] Not Applicable Attach additional sheets ff necessary Policy 2. Protect and preserve historic ~,nd archaeological resources of the Town of Southold. See LWRP~ection IH - Policies Pages 3 through 6 for evaluation criteria [~ Yes [] No [] Not Applicable Attach additional sheets if neeessary Policy 3. Enhance visual qnallty and protect scenic resources throughout the Town of Southold. See LWRP~cfion IH - Policies Pages 6 through 7 for evaluation criteria []~ Yes ~-~ No ~'~ Not Applicable Attach additional sheets if neee~sary NATURAL COAST POLICIES Policy 4. MinimiTe loss of life, structures, and natural resources from flooding and erosion. See LWRP Section/HI - Policies Pages 8 through 16 for evaluation criteria .. ~ ~n Yes L.~ No L_~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve waler quality and supply in the Town of Sou/hold. See LWRP Section III - Polic~ Pages 16 through 21 for evaluation criteria ~-~ Yes~-~ No ~-~ Not Applicable" Attach additional sheets ifncee~sary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems includin~ Significant Coastal Fish and W'ddlife Habitats and wetlands. See LWRP Section HI - Policies; Pages 22 th~for evaluation criteria. I ~' Yes [] No [] Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section HI - Policies Pages 32 through 34 for evaluation criteria. ~-~ Yes ~ No ~--~ot Applicable Attach additional sheets if necessary Policy 8. l~linimiTe ellviromental degradation in Town of Southold from solid waste and hazardous sub~nc~and wastes. See LWRP Section HI-Policies; Pages 34 through 38 for evaluation criteria. ~--~es [] No [] Not Applicable" PUBLIC COAST POLICIF_~ Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public r~,ourees of the Town of Southold. See LWRP Section HI - Pofieies; Pages 38 through 46 for evaluation criteria. Atiach ~laifional sh~-Is if necessary WORKING COAST POLICIES i..l~. 10. ~ Southold's water-dependent uses and promote siting of new water-dependent ~-~ Yes ~No ~-~ Not Applicable AUach additional sheets if necessary r~d Town waters. See LWRP Section m - rot~e~; Pages 57 through 62 for evaluation criterra. ~Yes [--] No [-~ Not Applicable-- Attach additional she~s if n~cessary Policy 12. Pro~_ecg__ agricullfn~ lands in the Town of ~Southold. ~ LWRP Section m- Policies; Pages 62 through 65 for~al~,0fn cri/erJa. [] Yes ~-~ No 121z~Not Applieable Attach ~ldi~ional sheets if nec~ssa~ Policy 13. Promote app~n~ate use and development of .e~rgy and mineral resources. See LWRP Section IH - Policies 65 tkrough 68 for evaluation criterm. ~-~ Yes ~-~ No L.~ 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. 1000-117-8-20 Applicant proposes to reorganize approximately 540' of existing jetty rocks and supplement with 1-3 ton additional rocks as required to raise elevation to 6' above Mean Low Water. Restore beach area with dewatered and dried spoil from maintenance dredging project. Area will then be revegetated with Cape American Beach Grass planted 12" oc. 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 community and landscape character of the Town of Southold. Policy 2. The project as proposed shall not result in the loss of any archeological resources. An archaeological report was prepared for the subject property and no archeological resources 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 feet 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 hazardous 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 water-dependent 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 f~om 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. 4 To