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HomeMy WebLinkAbout1000-123.-10-1 OFFICE LOCATION: Town Hail 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: Mark Terry, LWRP Coordinator Principal Planner Date: September 22, 2010 Re: Wetland Permit for KENNETH & ELIZABETH LESTRANGE SCTM# 1000-J.2.3.8.0.1 ~ ~-"~ - ~ o ~ \ Costello Marine Contracting Corp. on behalf of KENNETH & ELIZABETH LESTRANGE requests a Wetland Permit to construct 136' of Iow sill bulkhead with two 10' returns and 136' of retaining wall with two 10' returns. Sheathing for Iow sill bulkhead to be driven in-place and supported by batter pilings. No excavation to be done in inter-tidal marsh area. Located: 960 Willis Creek Dr., Mattituck. SCTM#123-10-01 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. Figure 1. Subject parcel. 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: D, Use hard structural erosion protection measures for control of erosion only where: Construction of a hard structure is the only practical design consideration and is essential to protecting the principal use. The principal use is residential. A single family dwelling is located approximately 72+ feet from the landward limit of the tidal wetland. The Iow sill bulkheads are proposed to be located within the high and intertidal marsh areas where the rate of erosion appears to be Iow. File photos indicate that the shoreline is relatively stable except in two areas; around the dock pilings and under the existing stairs. The areas lack vegetation. It is recommended that the Board require alternative erosion control methods (re-planting of vegetation, fiber controls and/or selective stone armoring) in areas where erosion has occurred. 5, The proposed hard structural erosion protection measures are: a. limited to the minimum scale necessary As indicated above, it is recommended that the Board consider requiring that the applicant retain existing vegetation and where practical, restore vegetation (spartina alterniflora) within the intertidal zone to control erosion. Additionally, in areas where erosion has occurred selective stone armoring could be integrated in the design. Practical vegetative methods have been included in the project design and implementation. The Iow sill bulkhead proposal includes replanting of disturbed areas, however, the species, specifications and spacing of vegetation have not been identified. 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 Town of ~outhold 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 dctermination 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 minor action list, policies and explanations of each policy contained in ' Southold Lo~ Waterfront Revitalization Program. A proposed action will be as to its significant beneficial and adverse effects upon the coastal area (which ~f Southold Town). If any question in Section C on this form achievement of the LWRP policy standards and Thus, the action should be analyzed in more detail determination that ~s consistent to the standards and If an action camnot the proposed action may affect the in the consistency review law. if necessary, modified prior to making a practicable with the LWRP policy as consistent with the L WRP policy A copy of the website ~ local h'braries and the places: online at the Town of Southold's of Trustees Office, the PJnnning DepalhueIlt, all B. DESCRIPTION OF SITE AND SCTM~ Z:~3 /o~- / The Application has been submitted Town Board [-~ Planning I)ept. 1. Building Dept. [] Board of Trnstees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by 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 °facti°n?~'~14.~rr/~/' I.'~' t%C I011)'.~,.lt md+t -/'ac, !0' rd- vn 1{3' If an application for the proposed action has been filed with the Town of Southold agency, the following infommfion shall be provided: (a) ofappli t: On) Mailing address: 1[I (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 [] If yes, which state or federal agency? ~'~a'-(' 'i ~ ¥~ j')~) ~ 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 HI - 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 Attach add',~onal sh~ts if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of So~lmld. See LWRP Section Il1 - Policies Pages 6 through 7 for evaluation criteria Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. 1Minlmi~.e Io~ of life, ~'net-ffres, and natmai resources from fioodtn~ and erosion. S~ LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~Yes r~ N° F-~ 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 through 21 for evaluation criteria 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 Wi]dllfe Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. ~Yes F~ No F~ Not Applicable Anach additional sheets if necessary Policy 7. Protect and improve air qoo!i~y in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~-~ Yes ~'~ No ~ Not Applicable Attach additional shee~s if necessary Policy 8. Minimize ellvironmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section IH - Policies; Pages 34 through 38 for evaluation criteria. [--~ Yes [--] No ~ Not Applicable "~t~ff~/_ ~ ~,0 ff~ ~,_ ~/~_~ 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 HI - Policies; Pages 38 through 46 for evaluation criteria. ~-~ Ye~ No~ Not Applicable Attach additional ~heets if noeessary WORKUNG COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [] Yes ~ No [] Not Applicable Ana~h additional sh~ts if necessm-y Policy 11. Promote sustainable use of Hying marine resources in Long Island Sound, the Peconic Estuary and Town waters. Sec LWRP Section IH - Policies; Pages 57 through 62 for evaluation criteria. [~Yes [] NoF-~ Not Applicable ~,~_~, ~-)~'~ ~/'P/A~'Y Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages Attach additional sheets if necessary PoliCy 13. Promote appropriate use and development of energy and mineral resources. Sec LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [-~ Yes [] N°~ N°tApplicable~-~t~'t~, ......... '~"~z~ //J~t/'~/~Zf/ Created on 5/25/05 11:20 AM · Date: To: Client: Proposal: August 24, 2010 Southold Town Trustees and Mark Terry Kenneth & Elizabeth LeStrange Construct 136' of low sill bulkhead with two 10' returns. Construct 136' of retaining wall with two 10' returns. DEVELOPED COAST POLICIES Policy 1 Foster a pattern of development in the Town of Southoid 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. This residential piece of waterfront property is used by the property owners and their family to engage in water-dependant activities. The family engages in activities such as swimming, fishing and boating. Our proposal will prevent erosion while allowing water to reach the intertidal marsh area allowing this area to continue to thrive. Policy 2 Preserve historic resources of the Town of Southold. This property has no significant historic resources. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. The proposed bulkhead will have no significant impact on the visual quality or scenic resources within the Town of Southold. NATURAL COAST POLICIES Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. The low sill bulkhead will aid in stopping further erosion while allowing water to reach the intertidal marsh ama. The retaining wall is located landward of the high water mark. This wall will prevent further erosion that can occur during storm conditions. Policy 5 Protect and improve water quality and supply in the Town of Southold. This proposal will not have any impact on the water quality and supply of the Town of Southold. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosystem. This proposal will protect the ecosystem by allowing water to still reach the intertidal marsh area while protecting thc ama from further erosion. Any areas disturbed during construction will be revegetated so that the quality and function of the Town of Southold's ecosystem will continue. Policy 7 Protect and improve air quality in the Town of Southold. This proposal will not have any impact on the air quality of the Town of Southold. Policy 8 Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. This proposal will not degrade the environment with solid waste or hazardous substances. 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. Our proposal will not limit public access to the coastal waters or public resources of the Town of Southold. Page 2 of 2 LWRP for LeStrange WORKING COAST POLICIES Policy 10 Protect the Town of Southoid's water-dependent uses and promote siting of new water- dependent uses in suitable locations. This private residential piece of property is used by the property owners and their family to engage in water-dependent activities including but not limited to fishing, boating and swimming. The existing dock is used to access the near by Great Peconic Bay. Our proposal will prevent further erosion and provide stability to the existing dock. Policy 11 Promote sustainable use of living marine resources in the Town of Southoid. This project site will be disturbed during the construction. The property owners have agreed to revegetate any disturbed area to maintain the sustainable use of living marine resources on this site. The property owners are only interested in protecting their property from further erosion. There is no intent on the owners to alter the living marine resources and they will do everything possible to ensure that they area continues to thrive. Policy 12 Protect agricultural lands in the Town of Southold. This proposal has no impact on the agricultural lands in the Town of Southold. Policy 13 Promote appropriate use and development of energy and mineral resources. This proposal has no influence on thc development of cncrO¥ and mineral resources. V/c n~, / 7",r'