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HomeMy WebLinkAbout1000-123.-10-2 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~ From: Jim King, President Town of Southold Board of Trustees~. ~/ Mark Terry, LWRP CoordinatorN~ Principal Planner Date: February 26, 2008 Re~ Wetland Permit for ROBERT & HELEN KEITH SCTM# 123-10-2 En-Consultants, Inc. on behalf of ROBERT & HELEN KEITH requests an Amendment to Permit #5700 to extend the existing stone rip-rap along eroded embankment by adding approx. 161 linear ft. of 50-100 lb. stone on filter cloth on grade along toe of escarped embm~dnent. Located: 995 Willis Creek Dr., Mattituck. S CTM# 123-10-2 The proposed action has been revie;ved 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 ;vell 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. To further the policies of the LWRP the following is recommended. If the action is approved the followin~ best managemcnt practices (BMP's) are recommended: Require that construction practices nfinimize destruction of the existing vegetation. Require that an,/areas disturbed due to the construction of the rock revetment be re-planted with native veaetation. Require a significant non-disturbance buffer landward of the proposed rock revetment. 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, item D (below). D. Provide adequate buffers between ,vetlancls and adjacent or nearby uses and activities in order to ensure protection of the wetland%' character, quality, values, and functions. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Town of Sonthold ~ .L.WRP. C_.O_NSISTE. N_C.Y__A~SE_.SSME_NT FORM_ A. INSTRUCTIONS , (~.? 1. A Il applicants f0r perm its includingT0wnofSouth01dagencies,shallc0mpletothisCCAF f0r pr0posedacti0nsthatarnsubjectt0theT0wn0fS0uth0id Waterfr0ntC0nsiStency Review Law. This assessmentisintnnd0d to supplementothnrinformati0n used by a T0wn 0fS0uth01d agnnuy in m a k in g a d e t e r m in a ti0 n 0 f c 0 n s is tn n c y. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. 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- suDDortin~ 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. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 123 lO _ 2 PROJECT NAME HELEN 8,: ROBERT KEITH The Application has been submitted to (check appropriate response): Town Board [~ Planning Board[--] Building Dept. -- Board of Trustees [~ 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: EXTEND EXISTING STONE RIP-RAP ALONG ERODED EMBANKMENT BY ADDING APPROXIMATELY 161 LINEAR FEET OF 50-100 LB. STONE ON FILTER CLOTH ON GRADE ALONG TOE OF ESCARPED EMBANKMENT, AS DEPICTED ON THE PROJECT PLAN PREPARED BY EN-CONSULTANTS, INC., DATED JANUARY 17, 2008. Location of action: 995 WILLIS CREEK DRIVE, MATTITUCK Site acreage: 0.93 Present land use: DEVELOPED- 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: HELEN & ROBERT KEITH (b) Mailing address: 995 WILLIS CREEK DRIVE MATTITUCK, NY 11952 (c) Telephone number: Area Code 631-298-8508 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [~] No [5~ 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 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 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 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 RYes [~ No [~ Not Applicable THIS PROPOSAL REPRESENTS A MINOR MODIFICATION TO A PREVIOUSLY PERMITTED PROJECT THAT INCORPORATED BOTH STRUCTURAL AND VEGETATIVE MEASURES TO STEM NOT ONLY THE LOSS OF UPLAND BUT ALSO THE CHRONIC LOSS OF INTERTIDAL MARSH. SPECIFICALLY, A LOW-SILL VINYL BULKHEAD AND MARSH PLANTING COMPRISED THE SEAWARD COMPONENT, AND RIP-RAP PLACED AT THE ACTIVELY ERODING TOE OF BERM COMPRISED THE LANDWARD COMPONENT. WHILE THE PROJECT HAS SUCCESSFULLY REESTABLISHED THE TIDAL MARSH HABITAT AND CONTROLLED THE UPLAND EROS1ON WHERE THE RIP-RAP WAS PLACED, THE REMAINING, UNPROTECTED BERM HAS CONTINUED TO ERODE. THEREFORE, AN EXTENSION OF RIP-RAP IS PROPOSED TO CONTROL EROSION IN THOSE AREAS AS WELL. AS THE ORIGINALLY IMPLEMENTED PROJECT AND IT S IMPACTS HAVE BEEN CONSISTENT WITH THE POLICY OBJECTIVE OF POLICY 4, THE PROJECT AS MODIFIED WOULD REMAIN SO. 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 ~ NotAp01icable AS ALLUDED TO ABOVE, THIS OVERALL EROSION CONTROL INITIATIVE WAS EFFECTIVELY MAINTAINED, ENHANCED, AND EXPANDED UPON THE EXISTING MARSH HABITAT THAT HAD BEEN CHRONICALLY ERODING DUE TO LOCALLY INCREASED FETCH AND ASSOCIATED WAVE ACTION IN TH1S AREA, WHILE SIMULTANEOUSLY CONTROLLING EROSION OF THE UPLAND ABOVE IT. THE PROPOSED MODIFICATION W1LL FURTHER AND BE CONSISTENT WITH THOSE OBJECTIVES AND THUS REMAIN CONSISTENT WITH THE POLICY OBJECTIVES OF 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 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. [~ 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 ~-~ NoR Not Applicable 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 IH - 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 [5~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lauds 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 evalnation criteria. [---] Yes ~] No [~ Not Applicable PREPARED BYROBE~ TITLEcoASTALMGMTSPECIALIST DATE 2/4/08 Amended on 8/1/05 rWB EX. 5' PROPOSED _.161 LINEAR FOOT EXTENSION OF EXIST1NG §O-100 LB. RIP-RAP TO BE PLACED.O.N FI!~rER CLOTH ON GRADE, .. ....... ¢~ONG EX."TOE Of ESCARPED EMBANKMENT AHW OF EX. S0-1~O-tcB~-~PX-xRA~ \ x, % x, ~×, LOW-51LL ~KHP, ----_.._. SECTION THRLI PRQPQS~P If. XTCNSION QP RIP-PAP ~50' EN-CONSUI.1N, ITS, INC. 1319 NORTH SEA MAD SOUI~'IAM~0N, I~ 11968 631-28~.6361} rt~OPOSrcP IqP-~P ~XfgNSION POI~ ~LI~N AND I~OBP. I~I' ~111-1 ON I~t~P' HOt. l~ CI~P.K,/V~,TflllJCK, 51JPPOLK COUNfY, NY ¢klr:::l~f 10PI 1/17/08