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HomeMy WebLinkAbout1000-70.-4-45.3 O~'~ICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 ~IAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF $OUTHOLD To: Jill Doherty, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: November 15, 2010 Re: Proposed Wetland Permit for JOHN & VALERIE KRAMER SCTM#1000-70-4-45.3 En-Consultants, Inc. on behalf of JOHN & VALERIE KRAMER requests a Wetland Permit to install approx. 137 If. of dp-rap, consisting of +/-1' to 1.5' dia. approx. 100-300 lb. fieldstone (on filter cloth), and backfill with approx. 50 cy. sand to be planted with Cape American beach grass (18" on center); and construct approx. 148 If. of vinyl retaining wall and backfill with approx. 45 cy. sand to be planted with native vegetation and maintained as a natural vegetated buffer. Located: 2225 Calves Neck Rd., Southold. SCTM#70-4-45.3 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 installation of approx. 137 If. of rip-rap, consisting of +/-1' to 1.5' dia. approx. 100-300 lb. fieldstone (on filter cloth), and backfill with approx. 50 cy. sand to be planted with Cape Amedcan beach grass (18" on center) is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided the following best management practice is required pursuant to: § 275-11. Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (2) Erosion control. Installation of an erosion control structure is necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to, installation of a silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. All Intertidal construction and excavation requires the installation of a silt boom that will retain all suspended sediments within the immediate proiect area The proposal to construct approximate 148 If of vinyl retaining wall and backfill the wall with approx. 45 cy of sand (burying existing vegetation).., is INCONSISTENT with policy 4.1 Minimize losses of human life and structures from flooding and erosion hazards and therefore INCONSISTENT with the LWRP. Applicable policies follow; B. Use vegetative non-structural measures to manage flooding and erosion hazards. Use vegetative non-structural measures which have a reasonable probability of manaqing floodin¢ and erosion, based on shoreline characteristics includinq exposure, geometry, and sediment composition. Use vegetative measures to increase protective capabilities of natural protective features. Discouraqe clearing of existing, particularly indigenous veqetation during siting, design, construction and re qrading phases of any development project. Use hard structural erosion protection measures for control of erosion only where: 2. Vegetative approaches to controlling erosion are not effective. The proposal includes back filling of existing vegetation (see submitted survey dated 10/20/10) that is currently stabilizing the bank. See following photos. It is recommended that the Board evaluate the need of the 148'+ vinyl retaining wall and integrate the existing vegetation into the proposal. Figure 1. Subject parcel. September 20, 2010 image date. Figure 2. Subject parcel. September 20, 2010 image date. 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 Southold LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS 1, A It applicants f0r perm its* including T ow n 0f S0uth01d agencies, shall corn plete this C C A F f0r proposed act[oas that are subject to the Town ofSoutholdWaterfrontConsistencyReview Law. Thks assessmentisintendedt0 supplement0therinf0rmati0n used byaT0wn 0fS0uth01d agency in m a k in g a d e t e r m in a ti0 n 0 f c 0 n s is t e n c y. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. 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- supDortina facts. If an action cannot be certified as consistent with the LVCRP policy standards and conditions, it shall not be undertaken. SCTM# 70 4 _ 45.3 PROJECT NAME JOHN & VALERIE KRAMER The Application has been submitted to (check appropriate response): Town Board 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. DESCRIPTION OF SITE AND PROPOSED ACTION ~] Planning Board [--] Building Dept. ~'] Board of Trustees [~ 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 of action: Install approximately 137 linear feet of rip-rap, consisting of+/-l' to 1.5' - diameter, approximately 100 - 300 lb. fieldstone (on filter cloth), and backfill with approximately 50 cubic yards sand to be planted with Cape American beach grass (I 8" on center); and construct approximately 148 linear feet of vinyl retaining wall and backfill with approximately 45 cubic yards sand to be planted with native vegetation and maintained as a natural vegetated buffer, all as depicted on the project plan prepared by En-Consultants, Inc., dated October 20, 2010. Location of action: 2225 CALVES NECK ROAD, SOUTHOLD Site acreage: 0.941 ACRE Present land use: RESIDENTIAL Present zoning classification: R-40 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:JOHN & VALERIE KRAMER (b) Mailing address: P.O. BOX 1360 SOUTHOLD, NY 11971 (c) Telephone number: Area Code 631-765-1235 (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? 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 COASTPOLICY 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. l--lYes [--] 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 Yes I I No [~1 Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section II1 - Policies Pages 6 through 7 for evaluation criteria [~ Yes [~ No ~] Not Applicable Insofar as Policy 3 is applicable to the project, the project is consistent to the extent that it will preserve and enhance existing vegetation and establish and maintain indigenous vegetative buffers between the upland and adjacent beach and tidal wetlands. 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 III - Policies Pages 8 through 16 for evaluation criteria [~Yes [---] No [---] NotAoplicable The project is consistent with Policy 4 because it seeks to incorporate vegetative non-structural measures, i.e., plantings and vegetative buffers, with hard structural erosion protection measures, i.e., stone rip-rap, to stem the loss of the eroding shoreline and provide protection for the naturally protective vegetation that is currently being lost to erosion. The proposed structural erosion protection measures are limited to the minimum scale necessary and must be employed where substantial natural protective features are absent and vegetative means of erosion control are failing and would on their own be ineffective. As both sizuctures will be located entirely landward of spring high water, the project will in no way impede upon public trust lands or access thereto~ Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southoid. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [~ Yes [-~ No ['--] Not Applicable Insofar as Policy 5 is applicable to the project, the project is consistent to the extent that the proposed natural vegetated buffer areas increase stormwater absorption capacity and filtration of contaminants adjacent to wetlands. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Sonthold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. [~ Yes ~l No [---] Not Applicable Insofar as Policy 6 is applicable to the project, the project is consistent to the extent that it seeks to preserve, restore, and or establish indigenous vegetative buffers between the upland and adjacent beach and tidal wetlands, including where the indigenous buffer will be established in place of previously existing lawn areas that were lost to erosion. These buffers provide habitat and increased stormwater absorption capacity and filtration of contaminants adjacent to wetlands. Attach additional sheets if necessary 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 [~ NoR Not Applicable Attach additional sheets if necessary 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 [~ 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. Yes ~ No~-~ Not Applicable The project in its entirely is located landward of the spring high water line and therefore will not impede public access to or along the shoreline. Attach additional sheets if necessary WORKING COAST POLICIES P~licy 10. Protec~ Southold's wate. r-dependent .uses and promote siting of new water-depen.dent uses in suitable locations. See LWRP Section IH - 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 II1 - Policies; Pages 57 through 62 for evaluation criteria. ~l Yes [---] No [~] Not Applicable Attach additional sheets if necessary Policy 12. Protect agricnltnral lands in the Town of Sonthold. 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 throngh 68 for evaluation criteria. [--'-] Yes [---] No [~ Not Applicable PREPARED BY ~ "~ ROBERT E. HERRMANN TITLEcoASTAL MGMT SPECIALIST DATE 10/26/10 Amended on 8/1/05 ~CflON THRU PRQPO~P RIP-P-XP ~ ~TAININ5 W~.L ,~I~A 1'0 [~ B,~C~iLLEP (APPROX, ~0 Of 5Ft,~) -- (~,) I 'l [P~ Of LAWN FP.O~O~P VIN~ ~f, W~I-L ( Tf2F EL. - 7,S) I/4" ~9" ~20' VIN~ ~[~:~-3~P RIP-RAP, CON~SqNI~ Of *_..P-I,E'-PI,~$R, ~PRO)(, I00 - ~ L[~, PI[Lf:~fONI~ (QN PILfeR CLC*[H) & Cr~ 0 ~NECK i ~: +1 o ~:,l ~a~ ~l. E N- CONSULTANTS INC 1319 NORTH SEA RD, SOUTHAMPTON, NY 11968 631-283-6360 EX. DOCK PI(OPO~D I~fAININ~ W, AJ.b ,NNI2 5fONI~ I(IP-P-.AP FOE JOHN AND Vi~.l~l(ll~ I(~1( ON JOC~Y CI~I~K, GOLIYI-IOLP, GUFPOH( COUNYY, NY ~f I OP 2 I0/20/I0