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HomeMy WebLinkAbout1000-3.-2-1 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: Jill Doherty, President Town of Southold Board of Trustees From: MarkTerry, Principal Planner LWRP Coordinator Date: May 14, 2010 Re: Proposed Wetland Permit for NICHOLAS NOYES Located: Off Private Rd. on Chocomount Cove, Fishers Island. SCTM#1000-3-2-1 Docko, Inc. on behalf of NICHOLAS NOYES requests a Wetland Permit and Coastal Erosion Permit to retain 40+/- cy. of stone shorefront protection landward of the flagged tidal wetlands, relocate 20+/-cy. of stone from the tidal wetlands and place it landward of the flagged tidal wetlands and east of the stone to be retained over an area of approx. 400 sf. and place an additional 20+/~cy. of stone over 300+/-sf. landward of the flagged tidal wetlands east of the other stone. 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 CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. 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 T~wn, 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 for 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). 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-supporting 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 Town 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 SCTM# 1000 -003-2-1 PROJECT NAME: SHORELINE MODIFICATIONS - NICHOLAS NOYES The Application has been submitted to (check appropriate response): Town Board Planning Board __ Building Dept. __ Board of Trustees .X, 1. Category of Town of Southold agency action (check appropriate response): a) Action undertaken directly to 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: Retain 40 +/- CY of stone shorefront protection landward of the flagged tidal wetlands, relocate 20+/- CY of stone from the tidal wetlands and place it landward of the flagged tidal wetlands and east of the stone to be retained over an area of approximately 400 SF and place an additional 20 +/- cy of stone over 300 +/- SF landward of the flagged tidal wetlands east of the other stone. 1 Location of action: Site off East End Road (so called). Site acreage: Parcel = 1.8 Acre Present Land use: Residential Present Zoning Classification: Residential 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: Nicholas Noyes b)Mailing Address: 103 Coolidge Road, Concord, MA 01742 c) Telephone number: Area Code (978) 369-9708 d) Application number, if any Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X No If yes, which state or federal Agency? US ACOE. NYS DEC Evaluate the project to the following policies by analyzing how the project will further support of 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. X _ Yes __ No __ Not Applicable The Noyes home makes appropriate use of an existing residentially zoned waterfront property. The shoreline modification depicted in this application complies with environmental design factors published by the NYS DEC, and the DOS Coastal Management Pro,ram, Southold Local Law No. 6, 2004 and the Southold LWRP. The shoreline will remain in its same configuration and will provide improved shoreline protection as well as wetlands habitat. There will be no impairment of waterflow or navigation during or after the repair and maintenance work has been completed. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section HI - Policies Page 3 through 6 for evaluation criteria. __ Yes __ No X Not Applicable There are no known historic or archeologicallv significant features on this site. 2 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 X Not Applicable Thc proposed project is modification of an existing shorefi.ont protection. The view and vista of thc harbor / cove will not be adversely or even noticeably affected by the proposed maintenance work. 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 X Not Applicable The Noyes' shoreline is located in Chocomount Cove and is acknowledged to be in a flood-prone area; and there is wave exposure at this site. This is a long-standing structure which has demonstrated its ability to withstand the elements including inundation waves and ice but has suffered fi.om deterioration through the loss of soils fi.om the bank. The work proposed is required to maintain and restore structural integrity of the shoreline protection system while creating a more natural habitat. 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 __ No X Not Applicable This project will not have any affect on suitability of or availability of drinking water on Fishers Island. The shoreline is at the bottom of the hydrologic gradient of the water table which is within the exchange area between marine salt water and natural ground water. The construction materials, primarily boulders for the shorefi'ont protection, are not a threat to drinking water quality in this case. Policy 6. Protect and restore the quality and function of the Town of Southoid ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. X Yes __ No __ Not Applicable This project is necessary to maintain the structural stability, soil retention capability and scour / erosion protection of the site. Thus the preservation of the bank armor is desirable to maintain water quality and fish and wildlife habitat quality and results fi.om the shoreline protection. 3 · 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 X Not Applicable There are no air quality issues related to this project. No emissions will be generated by the shorefront erosion protection modifications. 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 X Not Applicable There is no solid waste or hazardous substances or solid waste to be generated from this project. 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 __ No X Not Applicable This project is being built on private land. The public trust lands and waters constitutes the area between the mean high water line and mean low water line and the resources are from the high tide line, out. These environmental resources are being enhanced by the proposed proiect and suitable application of the standards dictated by the Town through their ordinances an laws of the NYS DEC. There is virtually no public use of the waterfront in this area and the modification of the shoreline, moving boulders above the apparent high water line. are not likely to influence or change this fact. WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote citing of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. X Yes No __ Not Applicable This shoreline project is to broaden a portion of an existing armored shore to protect the frontaee of the house. This usage is defined as water-dependent in the LWRP because it is required to protect a private property and an existing, long-standing home.. 4 . 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. X Yes No __ Not Applicable This project is to modify the shoreline protection characteristics for a home that has existed since before existing environmental regulatory programs. The proposed stone relocation helps to maintain water quality and thus promotes sustainable use of living resources. The shoreline protection part of the project is needed to retain structural integrity of the shoreline erosion protection features for a home which has existed at this site for decades. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. __ Yes No X Not Applicable The sloping coastal bluff landward of the armor stone is not used for or in support of any agricultural or aquaculture industries or enterprises. Policy 13. Promote appropriate use and development of energy and mineral sources. See LWRP Section III - Policies; pages 65 through 68 for evaluation criteria. Yes __ No X Not Applicable This property is not used for or in support of any energy or mineral mining or processing operations and the seawall repairs and modification of shoreline protection at the east end does not represent an energy or mineral mining activity. Boulders removed fi.om the wetlands will be placed along the bank below the house for shoreline protection against wave induced scour and erosion. PREPARED BY: Keith B. Ncilson. P.E. TITLE~ DATE March 22.20t0 5 ll:2~OJNO--'"~...E, HOI~EFI2,0NT ' ,¢'IROT'EC'TION t N/F PROPER'Pti :; of' KIDD ~IT~ bOCA-I-ION I-1AI:~ ,.~8,:~, OAF. LAWN RD ~UIT~ 72-5 ;2 TURT1.J~ CI2.~K DALLAS, TX 75219 'WE~T: E.A~T: ~EP-~ ~SLAND C'¢N'FHIA ~ DEVELOPMENT CORP. 5~2 CCkN'rlTOE ~T ~ BOX 4,¢04- BEDF--OI2.D, NY RSHEP-.9 15LAND, NY P~,OJECT: .~HOI2-~FI~ONT I.:2~OT"EO"TION LOCATION: TOWN ,~,,~DUTHOLD CUFFOI..~ COUNT'C, N~vV WATEk:'¥VAY: R.~,HEP*~ L~A,.AND ~OUND DAT~: N~MBER ~, ~ ~T: NICHO~ N~ 5H~l OF 4 DOOKO, INC. B. N~l~n, ~ 572 8~3~ F~ ~ 572 75~ ~ ~s~.n~ ~ NOTE~: 1. Ft b-~VATION DATUM 13 NAV~ 88. 2, TIDE DATA L~ T,,N(EN FROM 2016 NOAA TIDE TA~I ¢c, EEFE~F_.N,CE: NOAN,% ~¢¢~TIC [2JV~R - N~V LONDON 3. Pf24DJECT RE'TArN 4,0 .~- CY OF ~TONE E:,H~NT PP-OTEC?ION LANDWAP. D OF THE FLAC.-~ED TIDAL WETLANDS, ~LOCATE 20-~/- CY', OF 5TONE FP. OM THE TIDAL'vVE'r'b~ND~ AND PL.~E IT LAND'W'AP.D OF '"fl-lE ~ED T~AL Vv'ETLAND~ AND EAST OF THE ~TONE TO BE · 15AP-,~::)N ULMEI~, K-JIDID : AF~O~MA~ U~rrs OF TIDAL WETLAND~ TO BE VERII~F_.D ~OI_JNED I::rWI~UN~ F.F. EL=13..5 I I I I WATBD.,VAY: FI~HER~ I~..N P DATE: NOVE~MESE~ :2~, ~HE~2 ~OCKO, INC. ~ 572 ULMEP-. KIDD P..EI_OCA TE 20.*CY OF POCK OVE,~ 400.,¢.5F FP. Oh'l THE TIDAL. WETLAND FIm. INGE TO !...~NDWA,C.D OF TIDAL WETL~CqD~ AT ~,A~,E OF IJNPROTEC'i~ 5LOCE RETAIN EXI~77N~ 40z. CY EDGE OF /? 'WLF WLF CYNTHIA ,<. EA,V'dSR · ¢HPJJB DVCELLIN~ F.F, E,~-155 I I I I I APPROX. COASTAL FRO¢ION HAZARD I.JNE PER COASTAL EP*OStON HAT. ACD AREA MAP SUFFOL~ COUNTY. NEW YERK; I::'HOTO NO. E:+tEET ,4-5-R OF 49. 8/2.9/88 LOCATION: EXISTING DECK t::'ROPEt~7-Y' oF NOYE¢ ELEVATION DATUM NAVD CUIL~CEY b~ CME,~OC~T~ EN~INE.5~N~, LAND ~Ut~,/E~N~ ,$ A~CHrT'ECTUP~ PLLC ~HOREFI~ONT I2~OT'ECTION WATEk%VAY: R~HFJ2.S I,~/ZkND DATE: NOVEI'lSER 25, 2OO-~ APPiJCANT: NICHOLA.~ TOWN ¢'SOUTHOLD ~UFFOLK COUNTY, NE~V ¥O1:~ I OV¢~ 09-08-21445 ~-[~OK ~L 1~ LJM'ff~ OF 11DAb ..... .:4 '~ ~."~.'..'?: :% ~.}':?': ~. :~ :..!. ~> ;~ .::Vq: ~~]~. ~' .. m ~ ~ ~ ~' ;',.x. ].; -. ', ::.' :~:~: %']/~::'::: ~:.-.:~ :;;.,: O...~:.~ ;:~x~] .~..~- ' ;.;~ ?:'~ :~; ;,,?}~]x:; I I I I ~B~H ~DECK ~H~ Jg OF N~K J j / ~N :',~.:' ~W~ O~ ~a~ m~ it.':;' X:r ']: ::: ;:]:"~ ~'.:':~ '~:~:, .,.:'.::.' .: ~-: ,'. '~. '?: .:,: ~'.~ ;.: :. :: ELEVATION E~A~N DA~M ~ ~ I I I I ~JE~: ~HO~F~ONT ~O~ON  ~N: T~ ~0~ ~U~ GOUt, N~ ~0~ ~: NI~HO~ N~  ~OC~O, INC.