HomeMy WebLinkAbout1000-54.-4-19OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
Main Rd. & Youngs Ave.
Southold, NY 11971
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MAIL1NG ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
To:
Jim King, President
Town of Southold Board of Trustees
From: Mark Terry and Scott Hilary, LWRP Coordinators
Date: September 23, 2008 (REVISED from LWRP review dated November 15, 2006)
Proposed Coastal Erosion and Wetland Permit ROBERT G. BOMBARA
SCTM#$4-4-19
Young & Young on behalf of ROBERT G. BOMBARA requests a Wetland Permit & Coastal Erosion Permit to construct a
single-family dwelling, detached garage, swimming pool and associated water supply and sewage disposal facilities. Located:
1725 North Sea Dr., Southold. SCTM#54-4-19
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 us, it is our
recommendation that the proposed actions are INCONSISTENT with the denoted following Town of Southold LWRP
policy standards and NOT IN COMPLIANCE with Chapter 111, COASTAL EROSION HAZARD AREAS, therefore
the actions are INCONSISTENT with the LWRP.
The purpose of Chapter 111, COASTAL EROSION HAZARD AREAS is to regulate, in coastal areas~ land use and
development activities so as to minimize or prevent damage or destruction to man-made property~ natural protective
features and other natural resources and to protect human life. Further~ the purpose of Chapter 111 is to regulate new
construction or placement of structures in order to place them a safe distance from coastal hazard areas. Therefore, the
proposed actions are not in compliance with Chapter 111, COASTAL EROSION HAZARD AREAS.
§ 111-4. Purpose.
The Town of SouthoM hereby assumes the responsibility and authority to implement and administer a Coastal Erosion
Management Program within itsjurisdiction pursuant to Article 34 of the New York State Environmental Conservation Law. In
addition, it is the purpose of this chapter to:
Establish standards and procedures for minimizing and preventing damage to structures from coastal flooding and
erosion and to protect natural protective features and other natural resources.
Regulate, in coastal areas subject to coastal flooding and erosion, land use and development activities so as to
minimize or prevent damage or destruction to man-made property, natural protective features and other natural
resources and to protect human life.
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.
Restrict public investment in services, facilities or activities which are likely to encourage new permanent development
in erosion hazard areas.
Regulate the construction of erosion prolection 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 protectivefeatures and
other natural resources.
4.1 Minimize losses of human life and structures from flooding and erosion hazards.
Minimize potential loss and damage by locating development and structures away from flooding and erosion
hazards.
1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new
development which is not water-dependent as far away from coastal hazard areas as practical.
The proposed actions do not have a functional relationship to coastal waters and therefore is not a water-dependent use
pursuant to § 275-2.
§ 275-2 Definitions; word usage.
WATER-DEPENDENT USES -- An activity which can only be conducted on, in, over or adjacent to a water body because
such activity requires direct access to that water body, and which involves, as an integral part of such activity, the use of the
water. The uses include, but are not limited to commercial and recreational fishing and boating facilities, finfish and shellfish
processing, fish storage and retail and wholesale fish marketing facilities, waterfront dock facilities, shipyards and boat-
building facilities, navigation aides, basins and channels, industrial uses dependent upon waterborne transportation or
requiring large volumes of cooling or processing water and which cannot reasonably be located or operated at an inland site,
and uses which primarily provide general public access to marine or tidal waters.
No development is permitted in natural protective feature areas, except as specifically
allowed under the relevant portions of 6 NYCRR 505.8.
The proposed actions are located entirely within the coastal erosion hazard area and the primary dune~ a natural
protective feature. A primary dune is defined in § 111-6 Definitions as a natural protective feature.
NATURAL PROTECTIVE FEATURE-- A nearshore area, beach, blufJj primary dune, secondary dune or marsh and their
vegetation.
PRIMARY DUNE -- The mosl waterward major dune where there are two or more parallel dunes within a coastal area. Vt/here
there is only one dune present, it is the "primary" one. Occasionally one or more relatively small dune formations exist
waterward of the primary dune. These smaller formations will be considered to be part of the ''primary dune"for the purposes
of this chapter. The waterward limit of a primary dune is the landward limit of its fronting beach. The landward limit of the
primary dune is 25feet landward of its landward toe.
Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard
Areas.
Provide sufficient lot depth to allow relocation of structures and maintenance of required
setbacks over a period of thirty years.
A site visit of the property of Robert G. Bombara SCTM#54-4-19 was conducted on October 17~ 2007. In attendance at
the site visit among others~ were representatives of the Town of Southold Board of Trustees~ LWRP Coordinator Mark
Terry and NYS DEC's Environment Program Specialist Robert McDonough~ which confirmed that the proposed
actions are entirely located seaward of the CEHA line and within a primary dune (*see attached letter referencing the
same~ dated April 15, 2008, signed by Robert McDonough~ Environmental Program Specialist-Coastal Erosion
Management Section*).
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.
A. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant
portions of 6 NYCRR 505.8. Natural protective features area nearshore areas, beaches, dunes, bluffs, and wetlands
and associated natural vegetation.
The natural protective feature area as defined in § 111-6 Definitions is a land and/or water area containing natural
protective features such as a primary dune.
NATURAL PROTECTIVE FEATURE AREA -- A land and/or water area containing natural protective features the
alteration of which might reduce or destroy the protection afforded other lands against erosion or high water or lower
the reserve of sand or other natural materials available to replenish storm losses through natural processes.
New construction is prohibited in natural protective feature areas (primary dune). Only nonmaior additions to
existing structures are allowed on primary dunes pursuant to § 111-13.
§ 111-13. Dune area.
Dunes prevent overtopping and store sand for coastal processes. High, vegetated dunes provide a greater degree of protection
than low, unvegetated ones. Dunes are of the greatest protective value during conditions of storm-induced high water. Because
dunes often protect some of the most biologically productive areas as well as developed coastal areas, their protective value is
especially great. The key to maintaining a stable dune system is the establishment and maintenance of beachgrass or other
vegetation on the dunes and assurance of a supply of nourishment sand to the dunes.
The following restrictions apply to regulated activities in dune areas:
A. In primary dune areas:
(1) Excavating, grading or mining of primary dunes is prohibited
Clean sand ofa compatible type and size is the only material which may be deposited. Any deposition requires a
coastal erosion management permit.
All depositions must be vegetatively stabilized using species tolerant of the conditions at the site and must be
placed so as to increase the size of, or restore, a dune or dune area.
Active bird nesting and breeding areas must not be disturbed, unless such disturbance is pursuant to a specific'
wildlife management activity approved, in writing, by the Department.
Nonmajor additions to existing structures are allowed on primary dunes pursuant to a coastal erosion management
permit and subject to permit conditions concerning the location, design and potential impacts of the structure on the
primary dune.
Stone revetments or other erosion protection structures compatible with primary dunes will only be allowed at the
waterward toe of primary dunes and must not interfere with the exchange of sand between primary dunes and their
fronting beaches.
The distance from the proposed actions to the natural protective feature (primary dune) is 0 feet; a minimum setback
distance of 100 feet is required pursuant to Chapter § 275-3. Findings~ purpose; jurisdiction; setbacks. Please require
that the applicant amend the application to meet the above policies to the greatest extent practicable, minimizing
damage or destruction to man-made property, natural protective features and other natural resources and to protect
human life.
Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem
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.
§ 275-3 Findings; purpose; jurisdiction; setbacks.
C. Jurisdiction: The following areas are subject to protection under Chapter 275 of the Code of Southold.
(1) Any freshwater wetland, tidal wetland, beach, bluff, dune, flat, marsh, swamp, wet meadow, bog, or vernal
pool;
D. Setbacks.
1) The following minimum setbacks apply to any and all operations proposed on residential property within the
jurisdiction of the Board of Trustees:
(a) Wetland boundary.
[1] Residence: 100 feet.
If the Agenc¥~ Town of Southold 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.
H. In the event the LWRP Coordinator'*' 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 L WRP 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.
Cc: Kieran Corcoran, Assistant Town Attorney
Lori Hulse, Assistant Town Attorney
New York State Department of Environmental Conservation
Division of Water
Bureau of Flood Protection and Dam Safety, 4th Floor
625 BroadWay, Albany, NewYork 12233-3504
Phone: (518) 402-8185 · FAX: (518) 402-8082
Website: www. dec.state.ny.us
Alexander B. Grannis
Commissioner
April 15, 2008
James F. King, Jr., President
Board of Trustees, Town of Southold
Town Hall Annex Building
54375 Route25, P.O. Box 1179
Southold, NY 11971
Dear Trustee King:
Lauren Standish of your office has alerted the Coastal Erosion Management (CEM)
Section that the Town Trustees office is expecting additional information from the Department
relating to a site visit on October 17, 2007. The site visit was attended by Joanne Parker of the
Albany CEM section, NYDEC Stony Brook CEM representative, Eric Star and me. The visit
was also attended by Town of Southold representatives Jill Dougherty, Peggy Dickerson, Heather
Cusack and Mark Terry.,
The email received from Lauren Standish requests information identifying the natural
protective feature that was mapped and how the mapped feature relates to the State's Coastal
Erosion Hazard Area (CEHA) regulations in respect to the review of a specific application
(Robert F. Bombara- SCTM#54-4-19).
As discussed on the site and in subsequent telephone conversations, the landward limit
line of the natfiral protective feature area (a.k.a CEHA line) was mapped based on the
determination that the primary dune was the most landward natural protective feature. North Sea
Drive was built on a portion of this primary dune. During the initial mapping phase which
occurred over twenty years ago and was concluded by public hearing, a decision was made to
place the CEHA line along the north edge of North Sea Drive instead of continuing further
landward to a point 25 feet from the landward toe.
The Department encourages municipalities to ask questions about CEM related issues
that assist in their ability in administering local CEM programs. The Department accomplishes
this through training, community assessment visits (CAV's), email, correspondence, and by
conversations with staff. However, the Department usually does not review a specific
application that is under review by a local authority in order to allow for a municipality to
independently perform such a review internally.
In regard to the application provided, I assume that this is a specific application that the
Town is currently reviewing. The limited information that has been provided to the Department
indicated that there were two lots with proposals for new construction. One lot had an existing
house on it and one lot was vacant. There are a number of different scenarios of how the
regulations would be applied which all depend on the specific limitations of each lot (such as lot
size and configuration) and what exactly is being proposed.
Assuming only 6 NYCRR Part 505 regulations are in place (Southold's local law should
be at least, as restrictive) any new construction resulting in 25% or greater of an increase in
existing footprint is prohibited. In other words, if the proposed ground coverage of structure is to
be expanded by 25% or greater than the ground coverage of the existing structure (on the date
CEHA regulations became effective in Southold, 6/20/1991 ), then the proposed construction
would be considered a prohibited activity. If the proposed ground coverage, including all other
additions since the promulgation of CEHA regulations in the Town is less than 25% of the
original existing structure footprint, then the Town could consider issuing a permit for the
proposal under its local CEM program.
Before a permit could be issued, the Town would have to review the proposal by applying
permit issuance standards [Southold, § 111-9. Issuance of permit.] and assu, re that the proposal
will meet all of them. Those standards require that the proposed regulated activity:
A. Is reasonable and necessary, considering reasonable alternatives to the proposed
activity and the extent to ~vhich the proposed activity requires a shoreline location.
B. Is not likely to cause a measurable increase in erosion at the proposed site and at
other locations.
C. Prevents, if possible, or minimizes adverse effects on natural protective features
and their functions and protective values, existing erosion protection structures
and natural resources.
After applying permit issuance standards to a proposal, it is possible that the regulated activity
could be denied or only allowed in a more landward location (for example: out of the crest of the
dune and placed behind the landward toe) in order to satisfy all of the standards. In the area of
North Sea Drive, a main consideration would be to keep development as landward as possible
and out of the crest of the dune since the road limits any further landward location.
Any demolition and reconstruction of existing structure is considered new construction.
New construction is prohibited in natural protective feature areas. Also, as previously
mentioned, additions resulting in an increase in ground coverage 25% or greater ~e also
prohibited and could only be approved by meeting all variance requirements, [Southold, § 111-20.
Variances from standards and restrictions]. When applying for a variance, an applicant needs to
provide a description of the unnecessary hardship or practical difficulty as well as arguments for
how the proposal will meet all of the variance requirements which are listed below:
A. No reasonable, prudent, alternative site is available;
All responsible means and measures to mitigate adverse impacts on natural
systems and their functions and values have been incorporated into the activity's
design at the property owner's expense;
The development will be reasonably safe from flood and erosion damage;
The variance requested is the minimum necessary to overcome the practical
difficulty or hardship which was the basis for the requested variance;
Where public funds are utilized, the public benefits must clearly outweigh the
long-term adverse effects.
Some of this information has already been supplied in a letter that was mailed to Heather
Cusack on December 12, 2007. I'm forwarding to you that letter again (attached) for the
purpose of providing additional information on this topic.
If you have any questions regarding this matter or coastal erosion management, please
contact me at 518~402-8147.
Sincerely,
Robert McDonough
Environmental Program Specialist
Coastal Erosion Management Section
Enclosures
c. w/Enc:
Jill Doherty, Vice-President, Board of Trustees, Town of Southold
Peggy A. Dickerson, Trustee, Board of Trustees, Town of Southold
Dave Bergen, Trustee, Board of Trustees, Town of Southold
Bob Ghosio, Jr., Trustee, Board of Trustees, Town of Southold
Lauren Standish, Secretarial Assistant, Board of Trustees, Town of Southold
Elizabeth Canti'ell, Clerk, Board of Trustees, Town of Southold
Eric Star, NYSDEC Region 1 CEM Representative