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
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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:
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DATE: NOVEI'lSER 25, 2OO-~
APPiJCANT: NICHOLA.~
TOWN ¢'SOUTHOLD
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