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HomeMy WebLinkAbout1000-49.-1-24OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 To: From: Date: Jim King, President Town of Southold Board of Trustees Scott Hilary and Mark Terry, LWRP Coordinators August 13, 2008 Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for MARTIN SCHWARTZ SCTM#49-1-24 Costello Marine Contracting Corp. on behalf of MARTIN SCHWARTZ requests a Wetland Permit to construct 126' of new retaining wall using "C-Loc" vinyl sheathing. Construct new 3' wide stairway to beach. Regrade area behind new wall with clean trucked-in sand approx. 85 cy., and re-vegetate the disturbed areas. Located: 1950 9th St., Greenport. SCTM#49-1-24 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 our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. The applicant has not demonstrated that the erosion would warrant the hardening of the shoreline. During a field visit to site of the proposed bulkhead~ the only evidence of erosion was identified at the westerly corner of the property were scouring has occurred due to the placement of the neighbors bulkhead. Further~ the proposed action is not consistent with the Town Goals as exemplified in the LWRP; the Peconic Estuary Program adopted a "no net increase" policy~ maintaining the current linear feet of natural shoreline and over the next 15 years reduce shoreline hardening structures by five percent. 6.3 Protect and restore tidal and freshwater ~vetlands. 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. New bulkheads on the bay are prohibited pursuant to ~ 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 M1 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] (D Bulkheads, retaining walls, revetments and gabions. (h) New bulkheads in creeks and bays are prohibited, unless the operation involves construction of a low-sill bulkhead. Before a permit is granted for any erosion control structure~ the applicant must demonstrate the purpose~ function~ and impact of the proposed action. Alternatives to the proiect must be carefully evaluated to determine whether the structure is necessary and whether adverse impacts can be avoided or minimized. The natural shoreline has an inherent natural~ social~ and economic value that should be respected to ensure continuing benefits to the town~ region and state. While some erosion control structures are necessary to protect development~ there are many erosion control structures located along the shoreline of the Town of Southold that are not necessary for erosion protection. Erosion control structures can be both beneficial and detrimental. While they may protect the immediate land behind the structure~ they often contribute to erosion both on and off the site due to poor design and siting and lack of downdrift remediation of sand. Poor design and siting has resulted in accelerated erosion~ aesthetic impairments~ loss of public recreational resources~ loss of valuable marine and wetland habitats~ and water quality degradation. The cumulative impact of these structures can be large in area and significant in impact. Hardening of the shoreline is to be avoided except when alternative means~ such as soft engineering alternatives are not effective. Beach revegetation is a preferred approach to control erosion because of lower cost and fewer environmental impacts than hard structures. The use of non-structural erosion control measures in restoring the natural protective features of the shoreline which have a reasonable probability of managing erosion are recommended. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. B. Use vegetative non-structural measures to manage,flooding and erosion hazards. 1. U~e vegetutive non-structural measures which have a reasonable probability of managingflooding and erosion, based on shoreline characteristics including exposure, geometry, and sediment composition. The use of vegetative non-structural measures will further advance LWRP sub-policy 4.2 by maximizing the protective capabilities of the natural protective features of the shoreline as outlined below: 4.2 Protect and restore natural protective features. B. Mt~imize the protective capabilities of natural protective features by: I. avoiding alteration or interference with shorelines in a natural condition 2. enhancing existing natural protective features 3. restoring the condition of impaired natural protective features wherever practical 4. using practical vegetative approaches to stabilize natural shoreline features C. Minimize interference with natural coastal processes by: 1. pr~viding f~r natura~ supp~y and m~vement ~f unc~ns~~idated materia~s and f~r water and wind transp~rt D. Use hard structural erosion protection measures for control of erosion only where: 2. Vegetative approaches to controlling erosion are not effective. 3. Enhancement of natural protective features would not prove practical in providing erosion protection. 4. Construction ora hard structure is the only practical design consideration and ia' essential to protecting the principal use. 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 properiy owner, does not incur significant direct or indirect public costs. lB If the Agenc¥, Board of Trustees makes a contrary determination of consistenc¥~ the Agency shall elaborate in writing the basis for its disagreement with their recommendations Pursuant to Chapter 268 Waterfront Consistency Review. § 268-5. Review of actions. In the event the LWRP Coordinator's recommendation is that the action is inconsistent with the LWRP, and the agency makes a contrary determination of consistency, the agency shall elaborate in writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is consistent with the LWRP policy standards. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. i. , .All apphcants for perrmts ~ncludmg Town of So.u, thold ag~c~d proposed actions that are subject to the Town of Southold assessment is intended to supplement other information use~"~"~T6~;fi malting a determination of consistency. *Except mi}zor exeml~ actions incl~di~g ]3ztzidu~g Pe~,~,'~., and other ministerial permi~s not located within the Coastal Erosion Hazard A rea. Before answering the questions in Section C, the preparer of thJs form should review the e~cn~?~ minor action list, policies and explanations of each policy contained in the Toxin ot' Soutl~old ! ~>~,~i Waterfront Revitalization Program A proposed action will be evaluated as to its s~!:unc:~:~ beneficial and adverse effects upon the coastal area (which includes all of So~ihold To.n> 3. If any question in Section C on this form is answered "yes", then the proposed action achievement of the LWRP policy standards and conditions contained in the cc~asistencv Thus, the action should be analyzed in more detail mad, if necessao,,~m~ determination that it is consistent to the m~m extent practicab~thNhe standards and conditions. If ~ action c~ot be ce~ified ~ c~z~,ith stand.ds ~d conditions, it shall not be under.eh. ~ A ~:py ofthe LW~ is available in ~e follow~g plac~ne a (southoldto~vn.no~hfork.net~, the Bo~OfTmst=~ce' the PI~ libraries and the To~ Clerk s office / ~ ~ III Town Board ~ elannin~'~ Category of Town of Southold agency action (check appropfia~r~sponse)X~~ ~ construction, pl~ng activity, agency re~lation, l~d ~action) (c) Pe~it, approval, license, ce~ification: ~ . ~ Location of action:' Site acreage: I°0~ Present land use: Pres=t zomg cl~sificafiom If an appl/cation for the proposed action has been filed with the Town of Southold agency, the £ollowing information shall be provided: , (b) Mailing address: ¢(5 (c) Telephone number: Areacode(:) [o~l' 47-/ -- (d) Applicatk)n number, if any: Will the action be directly Undertaken, require funding, or approval by a state or federal agency? Yes~ N~[-~ Ifyes, which state or. federalagency? .~r-(_~ I. DEVEI,OPED 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, .~, Attach addit/onal 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 [--] N Not APpli;;bl; ~' : 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~16rf~r evaluation Criteria , Yes ]Not applicabk~,~i--~ 0~[19~ Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section II1 - Policies Pages 16 through 21 for, evaluation criteria [] Yes [~] No ~ot APPli;a~k! '''! ' Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southoid ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes ~] No ~ Not Applicable ~~ . Attach additional sheets if n~cessary Policy 7. Protect and improve air quality in the Town of Sonthold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria, [] 51 ]No ]Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation ia Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation crit, eria. ~ Yes ~ No~ Not Applicable c~[~C~ O~ ~{04f'J{~ 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 Attach additional sheets if necessary WORKING COAST POLICIEs Policy 10. Protect Southold's wate.r-dependent u, ses and promote siting of new water de uses in statable locations. See LWRP Section III- Policies. Pa-~- ~ .... - pendent ~ gc~ ,,/mrough 56 for evaluation criteria. Attach additional sheets if necessary Policy 1 I. Promote sustainable use of living marine resources in Long Island Sound, ihe Peconic Estu:try and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Attach additional sheets if necessary Policy.12. Protect agricultural lands in the Town of Southold. See LWRP Section [11 - Policies~ Pages 62 through 65 for ?al~mtion criteria. Ar~ach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LSVRP Section III - Pol!cie/~; Pages 65 through 68 for evaluation criteria. Created on 5/25/05 ll:20 AM · 'Date: To: Proposal: July'l, 2008 Southold Town Trustees and Mark Terry Construct 126' of retaining wall. Construct a set of 3' wide beach access stairs. Regrade area behind retaining wall using an additional 85 cubic yards of trucked in sand. Revegetate disturbed areas. DEVELOPED COAST POLZCXES Policy I Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes benet'~ial use of a coastal location, and minimizes adverse effects of development. Our proposal will be consistent with the surrounding properties. Both adjacent properties are bulkheaded. The proposal will have no impact on open space or compromise the infrastructure of the Town of Southotd. Policy 2 Preserve historic resources of the Town of Southold. Our proposal will have no impact on the histodc resource of the Town of Southold. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. Our proposal is consistent with the area. The proposed retaining wall will not have much impact on the visual quality or scenic resources of the Town. NATURAL COAST POLTCTES Policy 4 Hinimize loss of life, structures, and natural resources from flooding and erosion. The proposed retaining wall is an effort to control the erosion on this property. The two adjacent properties are bulkheaded allowing the project area vulnerable to scouring. The wall will aid in preventing further erosion of this property. The structure is approximately 15' landward of the high water mark so it does not impede onto public lands. Policy 5 Protect and improve water quality and supply in the Town of Southold. Our proposal will have no effect on the water quality or supply in the Town of Southold. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosystem. Our proposal will have effect on the quality and function of the Town's ecosystem. The retaining wall will be constructed approximately 15' landward of the high water mark. Policy 7 Protect and improve air quality in the Town of Southold. Our proposal will have no effect on the air quality in the Town of Southold. Policy 8 Hinimize environmental degradation in the Town of Southold from solid waster and hazardous substances and waste~ Our proposal does not involve solid or hazardous waste. PUBLZC COAST POLZC/ES Policy 9 Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. The retaining wall will have no effect on public access to coastal waters, public lands or public resources. The retaining wall will be constructed approximately 15' landward of the high water mark allowing enough space for the public to walk along the beach if desired. WORK/NG COAST POLiCiES Policy 10 Protect the Town of Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. The'retaining wall will stabilize the eroded areas allowing the property owners and his family to access the beach area safely so that they can engage in water dependent activities.. Otherwise the proposal will not provide for new water-dependent activities in this area. Policy 11 Promote sustainable use of living marine resources in the Town of Southold. This proposal will have not any effect on the living marine resources in the Town of Southold. Polio/12 Protect agricultural lands in the Town of Southold. This proposal does not involve agricultural lands. Policy 13 Promote appropriate use and development of energy and mineral resources. This proposal does not involve the development of energy and mineral resources. ~ARION LING C~e~es k~ PIPE5 COVE .' ~,00?' v /c /,.,.//-/- 7'