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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 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: Mark Terry and Scott Hilary, LWRP Coordinators Date: October 1,2008 (REVISED from LWRP review dated September 23, 2008) Proposed Coastal Erosion and Wetland Permit ROBERT G. BOMBARA SCTM#54-4-19 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 275, WETLANDS AND SHORELINE and Chapter 111, COASTAL EROSION HAZARD AREAS. Therefore, the actions are INCONSISTENT with the LWRP. The purpose of Chapter 275~ WETLANDS AND SHORELINE is to regulate wetlands in order to maintain and contribute to the following resource area values and the attributes and functions they posses: flood control[ erosion and sediment control~ storm dama~.e prevention and water pollution control. In addition~ the following resource area values shall be maintained and protected: prevention of flood damage by limiting of development in flood hazard areas~ prevention of damage to structures and natural resources as a result of erosion~ protection of coastal ecosystems~ minlmi~,ino the impact of new development~ restoration and/or expansion on the resource area values listed above. § 275-3 Findings; purpose; jurisdiction; setbacks. B. Purpose. It is the intention of this chapter to ensure for the citizens of the Town of SouthoM the protection, preservation, proper maintenance and use of its wetlands, giving due consideration to the reasonable economic and social development of the Town. In addition, the Town Board declares that it is the intention of this chapter to regulate the type and placement of fixed and floating piers and docks for the protection, preservation, proper maintenance and use of its waters and wetlands. Therefore, the Town Board declares that the regulation of the wetlands' of the Town of SouthoM is essential to the health, safety and welfare of the people of the Town of Southold. The wetlands shall be regulated in order to maintain and contribute to the following resource area values and the attributes and functions they possess: protection of public and private water supply; groundwater; flood control; erosion and sedimentation control; storm damage prevention; water pollution control;fisheries; shellfish, including spawner sanctuaries; wildlife habitat; agriculture; aquaculture; aesthetics; public access and recreation. In addition, the following resource area values shall be maintained and protected: prevention of flood damage by limiting of development in flood hazard areas; prevention of damage to structures and natural resources as a result of erosion; improvement of water quality; protection and enhancement of existing vegetation cover in order to maintain water quality and wildlife habitat: protection of wildlife, waterfowl, and plant habitat and the maintenance of existing populations and species diversity; prevention of loss or degradation of critical wildlife and plant habitat; prevention of new stormwater runoff discharge and the improvement of existing stormwater runoff discharges; protection of coastal ecosystems which support the continued viability of harvestable shellfish and finfish habitat; public access to water and lan& improvement of groundwater recharge; and the minimization of the impact of new development, restoration and/or expansion on the resource area values listed above. 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. In addition~ 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. § 111-4. Purpose. The Town of SouthoM 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: 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 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. 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 ase 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 ha79rd 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, bluff, primary dune, secondary dune or marsh and their vegetation. PRIMAR Y DUNE -- The most waterward major dune where there are two or more parallel dunes within a coastal area. Where 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 nataral 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 ofbeachgrass or other vegetation on the dunes and assurance ora 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. (2) Clean sand ora compatible type and size is the only material which may be deposited Any deposition requires a coastal erosion management permit. (3) 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. (4) 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. (5) 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. (6) Stone revetments or other erosion protection structures compatible with primary dunes will only be allowed at the walerward 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~ ]urisdiction~ setbacks. Please require that the applicant amend the application to meet the above policies to the greatest extent practicable~ minimizing damao, e 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 $outhoM 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. [I] Residence: 100 feet. If the Agency, Town of Southold 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. 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 Ll4/RP 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 Yorff, State Department of Environmental Conservation 'Division of Water Bureau of Flood Protection and Darn Safety, 4~h Floor 625 BroadWay, Albany, New York 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 Route 25, 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, th~ landward limit line of the nathral 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 revicw the proposal by applying permit issuance standards [Southold, § 111-9. Issuance ofpermit.] and assr!re that the proposal will meet all of them. Those standards require that the proposed regulated activity: A. Is reasonable and necessary, considering reasonable alternativcs to the proposed activity and the extent to which 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 fimctions and protective values, existing erosion protection structures and natural resources. After applying permit issuance st.andards 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 ~re 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 um~ecessary 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 fi'om 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 pnblic 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, Toxvn 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 Cantrell, Clerk, Board of Trustees, Town of Southold Eric Star, NYSDEC Region 1 CEM Representative OFFICE 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: Kieran Comoran, Assistant Town Attorney Lori Hulse, Assistant Town Attorney From: Mark Terry, Principal Planner/LWRP Coordinator Scott Hilary, Planner/LWRP Coordinator Date: October 1, 2008 Re: 2na revision for ROBERT G. BOMBARA SCTM#54-4-19 Attached, please find the 2~d revision for the LWRP review of the above referenced parcel. The 1st revision, which was copied to you, was amended from the original LWRP review dated November 15, 2006. The consistency determination of INCONSISTENT has not changed from the original review dated November 15, 2006. The 1st revision references the "primary dune" as the natural protective feature of concern rather than the "beach" as referenced in the original review. The 2nd revision adds the purpose of Chapter 275, WETLANDS AND SHORELINE, which states: The purpose of Chapter 275~ WETLANDS AND SHORELINE is to regulate wetlands in order to maintain and contribute to the following resource area values and the attributes and functions they posses: flood control~ erosion and sediment control[ storm damage prevention and water pollution control. In addition~ the following resource area values shall be maintained and protected: prevention of flood damage by limiting of development in flood hazard areas; prevention of damage to structures and natural resources as a result of erosion~ protection of coastal ecosystems~ minimizing the impact of new development~ restoration and/or expansion on the resource area values listed above. Please advise if you any concerns regarding the revised LWRP review of the above referenced parcel. OFFICE 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: 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#54-4-19 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 dama~.e 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. § 111-4. Purpose. The Town of SouthoM 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: 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. D. Restrict public investment in services, facilities or activities which are likely to encourage new permanent development in erosion hazard areas. 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 protectivefeatures and other natural resources. 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 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 lo commercial and recrealional 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 lo 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, bluff, primary dune, secondary dune or marsh and their vegetation. PRIMARY DUNE - The most waterward major dune where there are two or more parallel dunes within a coastal area. Where there is only one dune present, il 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 ora primary dune is the landward limit of its fronting beach. The landward limit of the primary dune is 25feet landward o fits 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 biologicaily 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 of a compatible type and size is the only material which may be deposited Any deposition requires a coastal erosion management permit. All deposilions 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~ jurisdictionl 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 properW~ 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 Southoid 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 thc jurisdiction of the Board of Trustees: (a) Wetland boundary. Ill Residence: 100 feet. If the Agency, 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'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 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 To: Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: November 15, 2006 Re; Proposed Coastal Erosion and Wetland Permit ROBERT G. BOMBARA SCTM#54-4-19 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 me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. 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-dependant uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. a. No development is permitted in natural protective feature areas, except as specifically allowed under the relevam portions of 6 NYCRR 505.8. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. c. Provide sufficient lot depth to allow relocation of structures and maintenance of required setbacks over a period of thirty years. 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 are nearshore areas, beaches, dunes, bluffs, and wetlands and associated natural vegetation. PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE ~se/~i[on is located seaward of thc as h nd 275 of the MARTIN H. SIDOR BEel~d~lRCal~Tte ~.~taonsolidated earth tooJOBOP&lthe ~OVdllt~D~ichever is' most w~ MAILING ADDRESS: P.O. Box 1179 South old, NY 11971 ina and seaward of thegN: Town Hall Annex 54375 State Route 25 the mean Iow-wa~di~d~t~s Ave. ) ne or bluff exists landward landward limit of a beach is 100 feet landwar~ ~here there is a marked change in material or physiographic form or from the line of permanent veg~ ~ichever is most waterwaraT. ~l~iPblgt~d~,f~]e~'1938 seasonal or more frequent overwash or inundation are considered to be "beaches." Fax: 631 765-3136 PLANNING BOARD OFFICE Policy 6 Protect and restore the quality an~e~o~)~f ~ ~ff,-~i~ofL~l~uthold 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 Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed distance from the house and pool to the natural protective feature {beach) is 0 feet~ a minimum setback distance of 100 feet is required pursuant to Chapter § 275-3. Findiw,s: ournose: jurisdiction: setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent possible. Further~ the proposed action is not permitted pursuant to Chapter § 111-12. § 111-12. Beach area. Beaches buffer shorelands from erosion bv absorbin~ wave eneruv that otherwise would be exnended on the toes of bluffs or dunes. Beaches that are hinh and wide nrotect shorelands from erosion more effectively than beaches that are low or narrow. Beaches also act as reservoirs of sand or other unconsolidated material for Inno~hore littoral transport and offshore sandbar and shoal formation. The following restrictions apply to regulated activities in beach areas: A. Excavating, grading or mining, which diminishes the erosion protection afforded by beaches is nrohibited. B. Clean sand or gravel of an equivalent or slightly larger grain size is the only material which may be deposited within beach areas. Any deposition will require a coastal erosion mananement hermit, which may be issued only for expansion or stabilization of beaches. C. Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wildlife management activity aonroved, in writing, by the Denartment. D. All development is prohibited on beaches unless specifically nrovided for by this chatter Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action.