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HomeMy WebLinkAbout1000-122.-4-34OFFICE 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: Jim King, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator Date: October 6, 2008 Re: Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for ROBERT KRUDOP SCTM# 122-4-34 ROBERT KRUDOP requests a Wetland Permit to excavate bank to a 1:3 slope. Resultant 30 cy. of excavated material to be trucked off site to an approved location. Armor 95 linear ft. of slope with a 100 lb. toe stone and a maximum of 10- 20 lb. stone along the face of the slope. Plant inter-tidal marsh in the upper 1/3 tidal range and a buffer area landward of the tidal wetland boundary. Located: 4650 Ole Jule Lane, Mattituck. SCTM#122-4-34 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 action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. The LWRP sub-policies below recommend the use of non-structural erosion control measures in restoring natural protective features which have a reasonable probability of managing erosion. It is recommended that an indiuenous ve~,etative Dlantim, Dian be implemented in place of the proposed action of (95 linear ft. of slope with 100 lb. toe stone and 10-20 lb. stone along the face of the slope). Planting of the slope with native vegetation will provide a practical non-structural approach in stabilizing the bank. Furthermore, planting of the slope will complement the proposed intertidal planting plan in creating a vegetative transition landward. 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. Use vegetative non-structural measures which have a reasonable probability of managingflooding and erosion, based on shoreline characteristics including exposure, geometry, and sediment composition. 4.2 Protect and restore natural protective features. B. Maximize the protective capabilities of natural protective features by: 1. 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 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 of a hard structure is the only practical design consideration and is essential to protecting the principal use. 7. 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 property owner, does not incur significant direct or indirect public costs. The use of vegetative non-structural measures will further advance LWRP sub-policies 4.1 and 4.2 by maximizino the protective capabilities of the natural protective features of the shoreline as outlined above. The applicant has not demonstrated that the erosion would warrant the hardening of the shoreline. 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 percenL 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 determlno whether the proposed hardened 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 st~te~ 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. 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. Shoreline revegetation is a preferred approach to control erosion because of lower cost and fewer environmental impacts than hard structures. 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. 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. · To~n of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 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 sigrdficant 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 affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detail~ listing both supporting and non- su~nortinq facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. Be SCTM PROJECT NAME A copy of the LWRP is available in the followim, nlaces: online at the Town webs~te (southoldtown.northfork.net), the Boar[r'<Fr~lT~]st~s ~ff~:e~h~Pl~ local libraries and the To~ Clerk's office. [~ ~? ~ .......... ~ DESC~PTION OF SITE ~D PROPOSED ACT ON , 3 ~ i3~ ' Southold ' s tg Department, all The Application has been submitted to (check appropriate response): To,vnBoard ~ Planning Board F-~ Building Dept. [] BoardofTrustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Location ofaction: Site acreage: Presentland use: Present zoning classification: 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: '~-~c~ (b) Mailing address: L~-© O{e~ '-~v[e~ ~x (c) Telephone number: Area Code (). ~-c~--?°g"-~ c- 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~ -4-c 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 At~ach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - P~licies Pages 3 through 6 for evaluation criteria [] Yes [] NoFF/~ Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout thc Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No ~Not Applicable A~tach 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 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 ~[ L~ 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, No Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~ Yes [~ No [-~ot 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. [] yeti No ~oNot Applicable Attach additional sheets if necessary WO~KING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [] Yes ~'~ No ~Not Applicable 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 crileria. [] Yes ~ No ~Not Applicable Atlach 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. DYes ~ No ~No~t 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. [] Yes [] No ~--~Not Applicable PREPARED BY TITLE O,'vr,~''~ DATE I I W 8EP - 5 2008 8ou~hold ?own Board of Trustees SEP - 2008 H.Y.$, U¢. No. 50467 ~ Nathan Taft Corwin III Land Surveyor I PHONE (651)727-2090 Fox (631)727-1727 0 NOAD SURVEY OF PROPER' SITUATED AT MATT/TUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW Y S.C. TAX No. 1000-122-04 SCALE JULY 19. 2002 AREA = 26.428.52 sq. ft. (TO ~]E UNE) 0.607 ac. ffERTIFIEp _TOt TICOR TITLE INSURANCE COMPANY ROBERT KRUDOP / / / / / / / / / / $12.72, DO3K 70'19'1 25.83 WCO0 ~OCK