The URL can be used to link to this page

Home My WebLink About1000-51.-4-5.1OFFICE 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 Jim King, President Town of Southold Board of Trustees From: Scott Hilary and Mark Terry, LWRP Coordinators Date: August 13, 2008 Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for SHEILA PATEL SCTM#51-4-5.1 Costello Marine Contracting Corp. on behalf of SHEILA PATEL requests a Wetland Permit & Coastal Erosion Permit to remove and reconstruct the existing upper retaining wall in-place. Located: 19965 Soundview Ave., Southold. SCTM#51-4-5.1 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 bluff is adequately stabilized and the property is in not currently in dano. er or loss of structure due to active erosion. The proposed removal and reconstruction should be fully evaluated to determine whether the action~ at this time is necessary and whether adverse impacts can be avoided or minimized. Anchoring, the existing, retainin~ wall as an alternative method would minimize the impacts to the natural vegetation of the bluff and maximizine the nrotective features of the bluff. Stabilizing! the existinl! retainin~l wall will further advance LWRP Policy 4 Minimize loss of life~ structures~ and natural resources from flooding and erosion as outlined below: 4.1 Minimize losses of human life and structures from flooding and erosion hazards. A. Minimize potential loss and damage by locating development and structures ctway from flooding and erosion hazards. 2. Avoid reconstruction of structures, other than structures that are part of a water-dependent use, damaged by 50% or more of their value in coastal hazard areas. 4.2 Protect and restore natural protective features. Natural protective geologic features provide valuable protection and should be protected, restored and enhanced. Destruction or degradation of these features should be discouraged or prohibited. If the Agency, (Board of Trustees) makes a contrary determination of consistency, 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. I-L In the event the £kVRP Coordinator's recommendation is that the action is inconsistent with the LWRP, and the agency makes a contrary determination of consistency, the agency shall e[aborale in writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is consistent with the L WRP po[icy 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. Town of Southold INSTRUCTIONS I . All applic~ts for pe~ts* including Town of Southol~aa proposed acnons that ~e subject to ~e Town of Southold ~t~aJstenc~ kevi¢~ assessment ~s intended to supplement other mfo~ahon~X m~ng a detestation of consistency. *Except mi~or exempt actions including arid other m~mkterial ~e~its not located within the Coastal ~rosion Hazard drea. 2 Before answering the questions in Section C, the preparer of this form should review Ibc minor action list, policies aad explanations of each policy contained in the Town of Southold Loc'al Waterfront Revitalization Program. A proposed action will be evaluated as to its beneficial and adverse effects upon the coastal area (w~ch includes ali of Southold q'ox~ n) .3. If ~y question in Section C on t~s fo~ is answered "yes", then the proposed action ruth ac~evem~t of the L~ policy stand.ds ~d conditions contained in the consistency ~', ~c~,. Thus, the action should be ~al~ed in more detail ~d, if necess~, modified prior to dete~mation that it is consistent to the mmx~ extent practicable with thc I NXRP standards and conditions. If ~ action c~ot be ce~ified as consistent with the LWRP stand,ds and conditions, jt shall not be under&eh. A c;py of the L~ is available in the follow~g p~nlin~-~t the 'Fo;;~] b f~qolcl's (southoldtown.no~fork.net), the Bo~d of Tmstees~¢, the Plm~ng D~p'~{~(m~nl a~l libraries and the Town C erk's omce. ~[~5~,~' : ~ ~ B. DESC~PTION OFSITE AND PROPOSED ACTIONI' ~'~ ~f:' ' / e '~N~ TheApphcatlonhasbeensubmlttedto(checkappropnateresponse~ 4~,~~ TownBoard ~ elanningDept. ~ Build~gDept. ~ BoardofTrustee's ~ 1 Catego* oWewn of SoutholO agency action (check appropriate response): ¢OG/~ ~ ~ (a) Action unde~en directly by Town agency (e.g. capital ~ ~ ~ cons~ction, pl~ng activity, agency re~lation, l~d ~sactio~ (b) Fin~ciaI ~sist~ce (e.g. g~( lo~, subsidy) (c) Pem~it, approval, license, ce~ification: ~'' h~.~ ~0~~ Site acreage: , . Present land use: '~ If an appl/cation for the proposed action has been filed With the Town of Southold agency, the following information shall be provided: , ~ (a) Nameofappli ant: (b) Mailing address: 4[ 6~)~rVfl~{t~. ~:t>}r (o) Telephone nmber: ~ea C0d~ (:) qF7- b t 7 (d) Application number, if any: Will the action be directly Undertaken, require ~unding, or approval by a state or federal agency? Yes No ~-] If yes, wtfich 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 minimizes adverse effects of development. See LWRP Section III - Policies; Page2 for evaluation criteria. 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 Appltcab]~l]~<i~ .... Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III -P~olicies Pages 6 through 7 for evaluation criteria [] Yes [] N° ~ Not Applicable ]j~ Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. Section III - Policies Pages8'through:16:f6revaluation Criteria Not Applicabl~. See LWRP Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section --Policies pages 16 through 21 for eva!nation criteria ot plica ` 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~ Not Applicable,, Attach adddtionaI sheets if necessary Policy 7. Protect and improve air quality in th'e Town of Southoid. 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 [~N°¥N°tApplicable-~. ~0~_. 5~_0_ 0~[ 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 evahtation criteria. ~ ~ Yes[~ No~ Not Applicable At~ach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new Water-dependent uses in suit~able locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. At~ach 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 ~ 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. [~Yes [] NO~ Not Applicab%0.~ ~l~P. ~ Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LVfRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ~Yes [~o~ NotApplic~~ Created on 5/25/0.5 ] 1.'20 AM To: Proposal: .luly 9, 2008 Southold Town Trustees and Mark Terry Remove and replace, in-place, existing retaining wall. DEVELOPED Policy 1 COAST POL/CIES Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient uso of infrastructure, makes beneficial uso of a coastal location, and minimizes adverse effects of development. Our proposal is to remove and replace an existing retaining wall which is located on the top of the bluff. This proposal will have no effect on the community character. The retaining is needed at this location but unfortunately the existing wall is showing its age and needs to be replace. Policy 2 Preserve historic resources of the Town of Southold. Our project does not involve any historic resources of the Town of SouL*hold. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. The new retaining wall will not decrease the visual quality or scenic resource of the Town of Southold. The location of this wall with prevent the public from seeing it. NATURAL COAST POL/CZES Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. If the retaining wall is not reconstructed it will eventually start to fail. Without the retaining wall there will be increased erosion of the land located behind the existing wall. Policy 5 Protect and improve water quality and supply in the Town of Southold. This proposal will have no effects 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. All construction will be above the AHWM. So our proposal will have no effect on the Town of Southold's ecosystem. Policy 7 Protect and improve air quality in the Town of Soutbold. This proposal will have no effects on the air quality or supply in the Town of Southold. Policy 8 Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. Our proposal will not degrade the Town of Southold with solid waster or hazardous substances and wastes. Our proposal will not produce any solid waste and hazardous substances will not be involved in this project. PUBLZC COAST POLZCZES Policy 9 Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of SouthoM. The retaining wall is located at the top of the existing bluff. It does not come near public lands. WORKZNG COAST POLICIES Policy 10 Protect the Town of Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. Tt is our clients intenUon to maintain her properly and stabilize her properLy. ]~f the retaining wall is allowed to fail, the property landward of the wall will erode and it will be more difficult for the upland property owners to access the water from this location. Policy 11 Promote sustainable uso of living marine resources in the Town of Southold. Policy 12 Policy 13 All proposed work will take place landward of the AHWM. There will be no effects of the use of living marine resources. Protect agricultural lands in the Town of $outhold. This proposal will have no effects on the agricultural lands in the Town of Southold. Promote appropriate use and development of energy and mineral resources. Our proposal will have no effects on the use and development of energy and mineral resources. .I