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HomeMy WebLinkAbout1000-27.-4-6 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: From: Date: Re: Jim King, President Town of Southold Board of Trustees Mark Terry, LWRP Coordinator Principal Planner November 18, 2009 Wetland Permit for YAN RIEGER SCTM# 1000-27-4-6 YAN RIEGER requests a Wetland Permit and Coastal Erosion Permit to install 77' of a single row of stone (one to two tons in size) at toe of dune, underlain with filter fabric and core stone and place sand over stone and plantings, and install stone steps. Located: 370 Harbor Rd., Orient. SCTM#1000-27-4-6 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 following Policy Standards and therefore is INCONSISTENT with the LWRP. Note that the action proposed to the Board is inconsistent with the stated narrative on the plans approved by the New York Department of Environmental Protection dated 9/15/09. A single row of stones at the toe of the dune is proposed, however, the plan shows three rows of stones. Figure 1. Subject parcel. To further sub-policy 4.1; it is recommended that the applicant incorporate "practical vegetation methods" in the design of the structure. Policy Standards 4.1 ' Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: Use hard structural erosion protection measures for control of erosion only where: Construction of a hard structure is the only practical desi,qn consideration and is essential to protect nq the principal use. The proposed hard structural erosion protection measures are: a. limited to the minimUm scale necessary b. based on sound en.q neer nq pract ces Practical veqetative methods have been included in the proiect desiqn and implementation. The slope is currently vegetated. The proposed action would cause the net loss of established, coastal vegetation. It is recommended that the Board avoid the vegetated areas to the greatest extent practicable. Adequate mitiqation is provided and maintained to ensure that there is no adverse impact to adiacent 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. Additionally, the applicant has not demonstrated that the proposed action would not adversely affect (accelerate the rate of erosion) on the private property to the east by deflection of tidal/storm energy. It is recommended that the Board consider this potential affect dudng project review. To further Policy 6. "Protect and restore the quality and function of the Town of Southold ecosystem" it is recommended that a perpetual buffer be established on the property · taking into account the existing vegetation seaward of the lawn area. A sample definition of a natural vegetated buffer follows: NATURAL VEGETATED BUFFER -- a land area of a certain length and width where existing vegetation occurs prior to the commencement of any grading or clearing activity. Vegetation shall be maintained to achieve a minimum percent ground cover of ninety-five (95) percent. To achieve the pement ground cover indigenous, drought tolerant vegetation shall be planted. Survival of planted vegetation shall be (ninety) 90 percent for a period of three (3) years. Maintenance activities within the buffer are limited to removing vegetation which are hazardous to life and property and replanting of vegetation. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its wdtten determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Town 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 significant beneficial'end 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 detafl~ listing both supporting and non- suooorting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Tox~,n of Southold ' s ' website (southoldtown.northfork.net), the Board of TruStees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION scm# [oVO - 23t- tp. . The Application has been submitted to (check appropriate response): Town Board ['--] Planning Board [--] Building Dept. ~-~ BoardofTrustees ~/ Nature Category of Town of Southold agency action (check appropriate response): (a) Co) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Site acreage: ~ Present land 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: Co) Mailing address: (c) Telephone number: Area Code ( ) ~/ (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [~ No[~ Ifyes, which state or federal agency? ~:C, ~1~ [r'Ctgll~r$. ~fl~ 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 cl~aracter, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section IH - Policies; Page 2. for evaluation criteria. ~Yes [] No [--] Not Applicable 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 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 IH - 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 IH - Policies Pages 16 th,rough 21 for evaluation criteria ~ Yes ~-~ No []Not Applicable Atlach 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 HI - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable .,( Attach additional sheets if necessary Policy 7. Protect and imProve air quality in the Town of Southold. See LWRP Section HI - 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 S~yesCes and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~ 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. ~'~ye~j--~ No ~Not Applicable ' Attach additional sheets if necessary WORKING COAST POLICIES Policy 1~0. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in shitable locations. See LWRP Section III- Policies; Pages 47 through 56 for evaluation criteria. ~Yes [] No ~-~ Not Applicable Attach 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 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 TITLE DATE APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics nmhibits conflicts of interest on the hart of town officers and emolovees. The ouroos~ of this form s to omvide information which can alert the town of oossible conflicts of interest and allow it to take whatever action is (Last name, flint nan~,~niddle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate, thc other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If "Other~, name thc activity.) Do you personally (or thmagh your company, spoas~, sibling, parent, or child) have a relationship ~vith any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or buginnss interest. "Business intarese' means a business, including a parmership, in which the town officer or employee has even a panini ownemhip of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO ~ If you answered ' YES , comp ete thc ba anne of this form and date and s gn where mthcated Name of person employed by the Town of Southold 'Title Or position of that person Describe the relationship between yourself (thc applicant/agent/representative) and the town officer or employee. 'Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or Child is (check all that apply): ___A) the owner of greater than 5% of the shares of the corporate stock of the applicant (whe~ the applicant is a corporation); B) thc legal or beneficial ovm~r of any interest in a non-corporate entity (when tho applicant is not a corporation); C) an officer, director, parmei', or employee of the applicant; or __.D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 Submitted Signature Print Nam~ .z" Z :, O'OC We propose: To install a single row of stones at the toe of the dune. Stones to be 1 to 2 tom in size, plus underlain by filter fabric. Stones to be installed approximately 6 inches below grade. Stones Will be covered with sand and planted with beach grass. Beach grass will be maintained yearly. Stone steps will be built into the stones. CROSS¥1EW DIAGRAM ~ ."~ ' i ' --~ // . ~ /1 ; · ~1~,~/~ p~- 1,,~ Xl: ~ ~ Peters Ne ~~'.. '~: ...... -.~ ;o- ,?' . ~"~.~ We propoae: To install a single 'row of stones at me t~ of me d~e. I"' Stones to be 1 to 2 to~ ~ Size, plus underl~n by filter fabric. Stones to ~ ins~l~ appmxi~tely 6 inches ~low ~Me. .. ' - Stones ~11 ~ coved wi~ s~d ~d pl~ted ~ ~ach gr~s. Stone steps will ~ b&lt ~to ~e stones. ~TON~ PI~IVEkqA¥ EL = -/' 45.2' 100.00' cOASTAL EROSION HAZARD t,IN E t~'.' Z-'~ N o , ,, , -. Orien~ 0 PIPE FOJN~ JOHN C. EHLERS LAND SURVEYOR 369-8~88 F~x 369-8'287 R~F.\~onvi~q~wea'~n~WA07-20~.Im~ ~RAPHIG ~C, ALE I"= 20'