The URL can be used to link to this page

Home My WebLink About1000-117.-10-10PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREME]RS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: August 17, 2009 Re: Proposed Wetland Permit for JAMES MANNING SCTM#117-10-10 Proper-T Permit Services on behalf of JAMES MANNING requests a Wetland Permit for the existing 4' wide stairs to beach, total run 33' with three 4'X 4' landings and 11'× 15' deck, and a 5.3'X 15.1' boat shed. Located: 1370 Jackson St., New Suffolk. SCTM#117-10-10 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 access stairway is CONSISTENT with the below Policy Standards and therefore is CONSISTENT with the LWRP provided that the below best management practices are required. Figure 1. Subject lot showing proposed natural vegetated buffer area. Note: Aerial analysis indicates that clearin.q of the bluff has occurred seaward of the top-of- bluff line (not shown) and a wire fence has been installed on the bluff slope. Further, note that the application does not comply with § 275-6 Application, of the Southold Town Code; the survey lacks the top of bluff line and topo.qraphical contours. In the event that the application is approved the following is recommended: Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. It is recommended that perpetual, natural veqetated buffer be required landward from the top-of-bluff seaward. It is further recommended that the establishment and terms of the buffer be memorialized in a covenant and restriction filed with the Suffolk County Clerk. An example definition 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 percent 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, trimmin.q tree limbs up to a height of fifteen feet (15') to maintain viewsheds, replanting of vegetation and establishing a four foot (4') wide access path or stairs constructed of pervious material for access to the water-body. The 15.1 x 5.3 shed is INCONSISTENT with the below listed policies and therefore is INCONSISTENT with the LWRP. 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: 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. 2. Avoid reconstruction of structures, other than structures that are part of a water- dependent use, damaged by 50% or more of their value in coastal hazard areas. 3. Move existing development and structures as far away from flooding and erosion hazards as practical. The existing shed structure is located on a bluff ecosystem and is not a water-dependent use. Therefore it is recommended that replacement of the shed not be permitted in its current location in the event that the structure suffers damage greater than or equal to 50% of its value. 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: Lori Hulse, Assistant Town Attorney ,lV,~ !J! 2009 ~it'i i ~-~ '-ii i ~ ~'' ...... T~-~'SCTM#: 1000-117-10-10 ~~-- ~ ........... ~NSISTENCY ASSESSMENT FORM Policy 1 Foster a pattern of development in the Town of Southold that enhances eom- munity character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. ~NO [] NOT APPLICABLE The continued presence of existing stairs to the beach, with a small attached deck, from a developed lawn area is not inconsistent with the character of the waterfront community, and because of the relatively small size of the structure and the fact that no changes to it are proposed it is felt that there is no adverse impact on the desired preservation of open space. Infrastructure use is not a factor since the pro- ject is accessory to and accessed from private property. There will be no inere- mental increase in development in the area since the structure already exists and no changes are proposed. Policy 2 Preserve historic resources of the Town of Southold. [] YES ~NO [] NOT APPLICABLE There is no evidence to indicate that the immediate area of the project includes his- toric features, and it is to be expected that the nature of the project area is such that it is unlikely to be the site of recoverable artifacts of past civilizations. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. [] YES ~NO [] NOT APPLICABLE The structure in review is of low profile and will be inconspicuous in the proposed location. It is compatible with other existing shoreline structures in the area, and will not adversely affect the dynamic landscape elements (tidal fluctuations, sea- sonal vegetation changes; seasonal/diurnal changes in ambient light) which might contribute to ephemeral visual qualifies. Policy 4 Minimize loss of life, structures, and natural resources from flooding and ero- SIOI~. [] YES ~NO [] NOT APPLICABLE It is intuitively obvious that the likelihood of the existing structure contributing to increased haTzrds which could result in the loss of life is probably non-existent. The s~-ucture has survived in its present location for more than ten years, although it does not have any effect on the protection of structures and natural resources from flooding and erosion in the area. The bluff on which the structure is situated is heavily naturally vegetated and will provide the widely known benefits of such a feature. Policy 5 Protect and improve water quality and supply in the Town of Southold. [] YES ~0 [] NOT APPLICABLE The continued existence of the structure will not have any effect upon the water quality and supply in the Town of Southold. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosys- tem. [] YES [~II~NO [] NOT APPLICABLE All indigenous plants have been, and will continue to be, protected. The structure is not located in a Significant Coastal Fish and Wildlife Habitat. There has been no structural intrusion into the wetlands. The northern shore of Great Peconic Bay in the project area is highly developed with private waterfront residences. There will be no incremental increase in shore- line development atlributable to the continued existence of the structure, and it is not sj~tmificant from the standpoint of a potential adverse impact upon wildlife, shellfish or finfish. The structure does not extend into the beach area and therefore does not interfere with the use of that area for least tern or piping plover nesting if other conditions are suitable. There are no osprey nesting sites in the immediate area. Diamondback terrapin have not been observed in or near the structure's location. The structure has no adverse effect upon existing tidal patterns and there has been no degradation of water quality. Policy 7 [] YES Protect and improve air quality in the Town of Southold. ~NO [] NOT APPLICABLE The existence or use of the structure does not result in significant amounts of new air pollution.. Policy 8 Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. [] YES ~NO [] NOT APPLICABLE The structure does not result in the generation of any additiomal solid waste. Policy 9 Provide for public access to, and recreational use of, coastal water., public lands, and public resources of the Town of Southold. [] YES ~O [] NOT APPLICABLE The structure does not interfere with access along the beach below the ordinary high water mark. Policy 10 Protect Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. [] YES [] NO ~NoT APPLICABLE This policy is not applicable to the proposed project. Policy 11 Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. [] YES [] NO ~NOT APPLICABLE This policy is not applicable to the proposed project. Policy 12 Protect agricultural lands in the Town of Southold. [] YES [] NO ~OT APPLICABLE This policy is not applicable to the proposed project. Southold lown Beard of Trustees