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HomeMy WebLinkAbout1000-72.-2-2.2OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 MAILING ADDRESS: /..__ P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD Jim King, President Town of Southold Board of Trustees From: Scott Hilary, LWRP Coordinator Date: July 16, 2008 Proposed Permit to Wetland Permit for KEVIN & ALEXANDRA O'MARA SCTM#72-2-2.2 En-Consultants, Inc. on behalf of KEVIN & ALEXANDRA O'MARA requests an Amendment to Wetland Permit #6248 and Coastal Erosion Permit 6248C to reduce and modify the scope of the previously approved rock revetment to a double- row of quarrystone; and reconstruct (in-place with open-grate decking) and extend the existing bluff stairs over the stone to beach. Located: 14345 Oregon Rd., Cutchogue. SCTM#72-2-2.2 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 LWRP policy standards and therefore is INCONSISTENT with the LWRP. 6.3 Protect and restore tidal and freshwater wetlands. A. 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. § 275-11 Construction and operation standards. B. Shoreline structures. The following standards are required for all operations relating to shoreline structures on residential properties. Operations conducted on properties zoned MI or M2 may be given greater flexibility in these requirements given the water-dependent nature of their use. [Amended 10-11-2005 by L.L. No. 17-2005] (1) Bulkheads, retaining walls, revetments and gabions. (b) Bulkheads on the Sound shall only be permitted when the likelihood of extreme erosion demonstrated and it shall not increase erosion on neighboring properties. (j) Individual residential stairs are prohibited on bluffs if the property is part of an association that maintains a common stairway within a reasonable distance. § 111-4. Purpose. The Town of Southold hereby assumes the responsibility and authority to implement and administer a Coastal Erosion Management Program within its jurisdiction pursuant to Article 34 of the New York State Environmental Conservation Law. In addition, it is the purpose of this chapter to: C. Regulate new construction or placement of structures in order to place them a safe distance from areas of active erosion and the impact of coastal storms to ensure that these structures are not prematurely destroyed or damaged due to improper siting, as well as to prevent damage to natural protective features and other natural resources. E. Regulate the construction of erosion protection structures in coastal areas subject to serious erosion to assure that when the construction of erosion protection structures is justified, their construction and operation will minimize or prevent damage or destruction to man-made property, private and public property, natural protective features and other natural resources. § 111-14. Bluffarea. Bluffs protect shorelands and coastal development by absorbing the often destructive energy of open water. Bluffs are a source of depositional material for beaches and other unconsolidated natural protective features. (1) (2) (3) (4) (5) The following activities are prohibited on bluffs: Excavating or mining, except when in conjunction with conditions stated in a coastal erosion management permit issued for minor alterations in construction of an erosion protection structure or for provision of shoreline access. The restrictions of § 111-16, Traffic control, apply to bluffs. All development unless specifically allowed by § 111-14B of this chapter. Disturbance of active bird nesting and breeding areas, unless such disturbance is pursuant to a specific wildlife management activity approved, in writing, by the Department. Soil disturbance that directs surface water runoff over a bluff face. (1) (2) (a) (b) (c) (d) (e) (3) (4) Activities specifically allowed under this section are: Minor alteration ora bluffdone in accordance with conditions stated in a coastal erosion management permit issued for new construction, modification or restoration of an erosion protection structure. Bluffcuts done in accordance with conditions stated in a coastal erosion management permit issued for the provision of shoreline access, where: The cut is made in a direction perpendicular to the shoreline. The ramp slope may not exceed 1:6. The side slopes may not exceed 1:3, unless terraced or otherwise structurally stabilized. The side slopes and other disturbed nonroadway areas must be stabilized with vegetation or other approved physical means. The completed roadway must be stabilized and drainage provided for. New construction, modification or restoration of walkways or stairways done in accordance with conditions ora coastal erosion management permit. Nonmajor additions to existing structures on bluffs, pursuant to a coastal erosion management permit. § 111-15. Erosion protection structures. The following requirements apply to the construction, modification or restoration of erosion protection structures: (1) (2) The construction, modification or restoration of erosion protection structures must: Not be likely to cause a measurable increase in erosion at the development site or at other locations. Minimize and, if possible, prevent adverse effects upon natural protective features, existing erosion protection structures and natural resources such as significant fish and wildlife habitats. B. All erosion protection structures must be designed and constructed according to generally accepted engineering principles which have demonstrated snccess or, where sufficient data is not currently available, a likelihood of success in controlliag long-term erosion. The protective measures must haYe a reasonable probability of controlling erosion on tile immediate site for at least 30 years. C. All materials nsed in such structures must be durable and capable of withstanding inundation, wave impacts, weathering and other effects of storm conditions [bra minimum of 30 years. Individual component materials may have a working life of less than 30 years only when a maintenance program ensures tbat they will be regularly maintained and replaced as necessary to attain the required 30 years of erosion protection. D. A long-term maintenance program must be included with every permit application of construction, modificatiou or restoration of an erosion protection structure. The maintenance program must include specifications for normal maintenance of degradable materials. To assure compliance with the proposed maintenance programs, a bond may be required. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: : :~ LOCAL WATERFRONT REVITALIZATIO? TOWN OF SOUTHOLD To: Jim King, President /~b o Z. (~x~ Town of Southold Bo~d of Trustees From: Scott Hila~, LW~ Coordinator / Re: Proposed Pemt to Wetlmd Pe~t t6r ~VIN & ALE~D~ O MA~ SCTMg72-2-2.2 En-Consultants, Mc. on behalf of ~VIN & ALEXAND~ O'MA~ r~uests an ~en~em to Wetland Pe~t g6248 and Coastal Erosion Pe~t 6248C to reduce and modify the scope of the previously approved rock revetment to a double-row of q~stone; ~d r~onstmct (in-place with open- ~ate d~king) and extend the existing bluff stairs over the stone to beach. Located: 14345 Oregon Rd., Cutcho~e. SCTM~72-2-2.2 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Watedront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this · depa~.amel~t~w~ as~ av&l:~to ~.~, ~.~ec~.~en:~on Search Live Search Town of. Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM Allapplicantsforpermits*includingT0wnofS0uth01dagencies, shaIleompletethisCCAF for proposed actions that are subject to the Town of South01d W aterfr0nt C 0nsistency Review L aw. This assessment is intended to supplement other inform ation used by a Tow n of Southold agency in m a k in g a d e t e r m in a ti o n 0 f c o n s is t e n c y~ *Except minor exempt actio ns including Building Perm its 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 ~x~ ~ffect the achievement of the LWRP policy stan. dards, and co. ndi!io.ns contained in thy consistency ?'24 xlreview l.aw. Thus, each answer must be explasned in detail, listing both supp.ortlng and non- ,.g supportnng facts. If an action cannot be certified as consistent with the LWRP pohcy standards and f// 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 Off~,-TPl-~-'fftl~a~ local libraries and the Town Clerk's office. I~~_~' !! '~. _i!_ :; ~iI DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 72 2 2.2 PROJECT NAME ALEXANDRA 8,: KEVIN O'MARA The Application has been submitted to (check appropriate response): Town Board [~ Planning Board[~ Building Dept. [~] Board ofq Category of Town of Southold agency action (check appropriate res (a) (b) (c) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, Financial assistance (e.g. grant, loan, subsidy) Permit, approval, license, certification: Nature and extent of action: IN LIEU OF THE PREVIOUSLY PROPOSED AND APPROVED ROCK REVETMENT (SEE ATTACHED PERMIT NO. 624.8 & 6248C), CONSTRUCT +/-226 LINEAR FEET OF A DOUBLE ROW OF QUARRYSTONE ON A HARDCORE STONE FOUNDATION AND RECONSTRUCT (IN-PLACE WITH OPEN-GRATE DECKING) AND EXTEND THE EXISTING BLUFF STAIRS OVER THE PROPOSED STONE, ALL AS DEPICTED ON THE PROJECT PLAN PREPARED BY EN-CONSULTANTS, INC., LAST DATED JUNE 16, 2008. Location of action: 14345 OREGON ROAD, CUTCHOGUE Site acreage: 3.24 ACRES Present land use: RESIDENTIAL, ONE-FAMILY DWELLING 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: KEV~N & ALEXANDRA O'MARA (b) Mailing address: 64 EAST 86TH STREET NEWYORK, NY 10028 (c) Telephone number: Area Code212-744-7294 (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 [~ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southoid. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria 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 V--] No E~ 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 [~ Yes [-~ No ~] Not Applicable The proposed toe stone is consistent with Policy 4, as the proposed hard structural erosion protection measure is being proposed only where a non-structural, vegetative erosion control program was implemented but ineffective (see Figures 3, 7 & 8 submitted with original wetlands application); where the natural protective feature -in this case the bluff- cannot be effectively enhanced without stabilization of the bluff toe; where a hard structure is the only design consideration that can practicably and effectively provide such toe stabilization; where the proposed protection measure is engineered to provide 30 or more years of effective erosion control but also designed as naturally as possible (i.e., using sloped, natural stone instead of vertically faced retaining wall); where vegetative bluff face enhancement is incorporated into the project design; and where, due to the natural angle of the stone, there will be no adverse impacts to the adjacent properties. There will be no significant direct or indirect costs incurred by the public as a result of the implementation of the project. 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 E~ Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Sonthold. 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 suitabl~e locations. See LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. ~ Yes F~ No [~ Not Applicable uses in 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 III - Policies; Pages 57 through 62 for evaluation criteria. ~] Yes [~] No [5~ 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. VI Yes 51 No N 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. _1 Yes V1 No NI Not App.cable PREPARED BY ~ ROBE~. HERRIvlANN TITLE COASTAL MGMT SPECIALIST DATE 6/24/08 Amended on 8/1/05 BLUFF FACE TO BE WITH NATIVE BEACH CRASS, AND VIROIN~A/CREEPE 1" = 60' NCLUDING 131 g [19F~TH SEA FiD. 631-253-03© ~v/o/? A RICCI :G 0 Ixl 1R, O AC PROPOf::rr.P IA-~P 1"0~ .SfONf. 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