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HomeMy WebLinkAbout1000-57.-2-20OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ~ P.O. Box 1179 54375 State Route 25 ~ Southold, NY 11971 Main Rd. & Youngs Ave. Telephone: 631 765-1938 Southold, NY 11971 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD Toz Jim King, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator Date: March 10, 2009 Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for ROSE L. MILAZZO REVOCABLE TRUST SCTM#57~2-20 En-Consultants, Inc. on behalf of ROSE L. MILAZZO REVOCABLE TRUST requests a Wetland Permit to construct approx. 52 linear ft. of vinyl bulkhead in place of existing timber bulkhead and backfill with approx. 5 cy. of clean sand to be planted with Spartina patens (18" on center) to re-establish approx. 189 sq.ft, of high marsh; and construct approx. 36 linear ft. of low-sill vinyl bulkhead between two bulkheads and backfill with approx. 5 cy. of clean sand to be planted with Spattina alterniflora (12" on center) to create approx. 137 sq.ft, of intel-tidal marsh. Demolish and partially reconstruct (in-place and raised to FEMA-eonforming F.F. EL.10') existing one-story, one- family dwelling (footprint downsized by approx. 12 percent); construct 854 sq.ft, two-story addition onto landward side of reconstructed one-story dwelling; construct 214 sq.ft, attached deck; install drainage system of drywells, leaders, and gutters; remove existing sanitary system located +30 from the wetlands and install upgraded sanitary system whose leaching pools will be located more than 100' from the wetlands; install new pervious gravel driveway; and establish an 850 sq.ft, non-turf buffer adjacent to the wetlands. Located: 1165 Island View Lane, Southold. SCTM#57-2-20 THE FOLLOWING SECTION ADDRESSES THE PROPOSED BULKHEAD REPLACMENT: 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 EXEMPT pursuant to § 268-3. § 268-3. Definitions. MINOR ACTIONS -- Include the following actions, which are not subject to review under this chapter: Replacement, rehabilitation or reconstruction ora structure or facility, in kind, on the same site, including upgrading buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard Area (CEHA) law where structures may not be replaced, rehabilitated or reconstructed without a permit; The following BMP is recommended: 1) Installation of a silt boom prior to and during all intertidal operations surrounding the immediate project area. THE FOLLOWING SECTION ADDRESSES THE PROPOSED LOW-SILL BULKHEAD: 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 CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP; provided that a silt boom is installed (prior to and durin~ all intertidal operations) that will retain all suspended sediments within the immediate project area pursuant to § 275-11 A (2). Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the SouthoM 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. § 275-11 Construction and operation standards. Shoreline structures. The following standards are required for all operations relating to shoreline structures on residential properties. Operations conducted on properties zoned MI or M2 may be given greater flexibility in these requirements given the water-dependent nature of their use. (1) Bulkheads, retaining walls, revetments and gabions. New bulkheads in creeks and bays are prohibited, unless the operation involves construction o fa low-sill bulkhead 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 A. INSTRUCTIONS 1, LWRP CONSISTENCY ASSESSMENT FORM ) A I1 applicants for perm its* including Tow n of S0uth01d agencies, shall c0m plete this C C A F for proposed actions that are subject to the Town of S0uthnld W aterfr0nt Consistency Review Law. This assessmentisintendedt0supptement0therinf0rmati0n used byaT0wn0fS0uth01dagencyin m a k in g a d e t e r m in a ti 0 n 0 f c 0 n s is t e n c y. *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 significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). the proposed action will ontained in the consistency Ion- and If any question in Section C on this form is answered "yes" affect the achievement of the LWRP policy standards and review law. Thns., each answer must be ex snpportinll facts. If an action cannot be certified as conditions, it shall not be undertaken. \~ A copy of the LWRP is available in the follow~l~g places: (southoldtown.northfork.net), the Board of Trustees libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED SCTM# 57 2 20 .'s website PROJECT NAME ROSE L. MILAZZO REVOCABLE (b) i---I (c) The Application has been submitted to (check appropriate response): Town Board [~ Planning Board[--'] Building Dept. [---] Bogfd of Trustees Category of Town of SoUthold agency action (check appropriate response):/~')L~ (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land t Financial assistance (e.g. grant, loan, subsidy) Permit, approval, license, certification: Nature and extent of action: Construct approximately 52 linear feet of vinyl bulkhead in place of existing timber bulkhead and backfill with approximately 5 cubic yards of clean sand to be planted with Spartina patens (18"O.C.) to reestablish approximately 189 square feet of high marsh; and construct approximately 36 linear feet of low-sill vinyl bulkhead between two bulkheads and backfill with approximately 5 cubic yards of clean sand to be planted with Spartina alterniflom (12"O.C.) to create approximately 137 square feet of intertidal marsh, all as depicted on the project plan prepared by En-Consultants, Inc., dated February 12, 2009. Demolish and partially reconstruct (in-place and raised to FEMA-conforming F.F. EL. 10') existing one-story, one-family dwelling _ (footprint downsized by approximately 12 percent); construct 854 square-foot, two-story addition onto landward side of reconstructed one-story dwelling; construct 214 square-foot attached deck; install drainage system of drywells, leaders, and gutters; remove existing sanitary system located +30 feet from wetlands and install upgraded sanitary system whose leaching pools will be located more than 100 feet from wetlands; install new pervious gravel driveway; and establish 850 square-foot nonturf buffer adjacent to wetlands, all as cted on the site plan prepared by John C. Ehlers Land Surveyor, last dated January 8, 2009. Location of action: 1165 ISLAND VIEW LANE, SOUTHOLD Site acreage: 0.24 ACRES Present land use: RESIDENTIAL Present zoning classification: R-40 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: ROSE L. MILAZZO REVOCABLE TRUST (b) Mailing address: C/O ROSE M1LAZZO 137 KINGS ROAD, HAUPPAUGE, NY 11788 (c) Telephone number: Area Code 631-234-8873 (d) Application number, if any: Wilt the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~] No [~ If yes, which state or federal agency?. 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. 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 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 ~-] No [~ Not Applicable 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 16 for evaluation criteria [~] Yes ~ No ~ Not Applicable The project will maintain the existence of an existing bulkhead while reestablishing the existing high marsh vegetation present behind it. As there is a stretch of unhardened shoreline located between this bulkhead and a neighboring bulkhead, however, this portion of shoreline is receding landward, resulting in the continued increase to the erosion and flood risk to the developed upland behind it. Thus, this project proposeS to stem the loss of land using a minimalb scaled hard structure that incorporates vegetative erosion control VIA creation and enhancement of the presently lacking naturally protective feature, intertidal marsh. With respect to the residential renovation, all footprint expansion is being proposed landward of the location of the existing dwelling structure, which is also to be downsized by approximately 12 pement and maintained as a one-story portion of the renovated dwelling. 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 Yes [--I No Not Applicable The project will result in 1) the removal of a nonconforming sanitary system located +/-30' from wetlands and the installation of an upgraded sanitary system whose leaching pools will be located more than 100 feet from wetlands and thus beyond Chapter 275 jurisdiction; 2) installation of a drainage system of drywells to capture and recharge roof ranoff from the entire dwelling; and 3) establishment of an 850 s.f. nonturf buffer adjacent to the wetlands and creation of approximately 137 s.f. of intertidal marsh, all of which will result in a net decrease both in the volume and flow rate of surface water runoff; an improvement to the property's filtering capacity of such runoff; and an improvement in the treatment of on-site septic waste. 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 Due to lot size and configuration, wetlands setbacks recommended by Chapter 275 cannot be met, but the project will be :consistent with Policy 6 due in part to the mitigation measures described in Policy 5 (i.e. nonturf buffer, drainage system, and upgraded and relocated sanitary system) that will protect and improve both surface and subsurface water quality at the site but also due directly to the creation of approximately 137 s.f. of vegetated intertidal marsh that will provide potential habitat and enhance the supply of organic nutrients to the adjacent tidal waters. The marginal high marsh area located landward oftbe existing bulkhead will also be replaced with ~ patens, which will provide the same ecosystem benefits. 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. ~-q Yes ~'q NoR 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. 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 [--] NoR Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Po. lic~ 10. Pro. tect Southold's water-dependent uses and promote siting of new water-dependent suflable Iocatmns. See LWRP Section II1 - Policies; Pages 47 through 56 for evaluation criteria. ~ Yes [-~ No [~ Not Applicable uses in Attach additional sheets if necessary Policy 11. Promote snstainable use of living marine resources in Long Island Sound, the Peeonic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~] Yes [--] No [5~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Sonthold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [--] Yes [--] No [5~ Not 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 [5~ Not Applicable PREPARED BY ROBER~RRMANN TITLE COASTAL MGMT SPECIALIST DATE 2/23/09 Amended on 8/1/05 VIA: I I ~) ~) 7) FROPO~P I~IJLKI~.Ai2 I~.FLAC~MI~I',II', LOW-51bL I~LILIq~/~, ANP IN11~IeFIP. Ab MAR~ POl~ ROSP. MILAZZO I~VOC/~.I~ 11~LlSf ON CONIq-IN~ Fl', CO~ (f~lJlt-I~P BAY), 50Liq-DLP, 5LIPPOt, K, NY ft'~f I OF 2 2112/(DC ~CqON A-A: THI~U P~OPO~l) bOW-51bb PUbKI~AD ANP Ik11~k'lll:2Ab AM~ ~CflON q-~LI IN-PL~ Pl.l. lq~A!) I~PLAC~/CeNI' ('lYe,) PROPO5rr. P IY, LILKt-I~AP I~PI. ACI~MI~Nf, LOW-51LL [DUL. K,!-~AP, ,ANP IN11~lerlP/~ M/~5H PO~ R05~ MIL,~7ZO ~VOCAPI. I~ 11qJ51' 0I',1CONKI. IN6i Pr, COVP. (50Lilt-IOt-P PAY), 501Jat40LP, 5LIPPOLK, NY 5J/eZf 2 0~ 2 2112/09