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HomeMy WebLinkAbout1000-31.-9-12 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. 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 To: Jill Doherty, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: January 19, 2011 Re: Proposed Wetland Permit for WALTER G/UPA SCTM#1000-31-9-12 Suffolk Environmental Consulting, Inc. on behalf of WALTER G/UPA requests a Wetland Permit to install a vinyl-sheathed retaining wall along the bottom of bank within the eastern portion of subject property, measuring 73' long overall (inclusive of a 6' long vinyl-sheathed return), which is to measure 4' in height; backfill behind the proposed retaining wall with 100 cy. of clean fill obtained from an approved upland source. Located: 360 Lake View Terrace, East Marion. SCTM#31-9-12 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Codeand 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 below listed Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 4.1 Minimize losses of human life and structures from flooding and erosion hazards B. Use vegetative non-structural measures to manage flooding and erosion hazards. Use vegetative non-structural measures which have a reasonable probability of managing floodinq and erosion, based on shoreline characteristics including exposure, geometry, and sediment composition. Use veqetative measures to increase protective capabilities of natural protective features. Discouraqe clearinq of existing, particularly ind(qenous veqetation durinq sitinq, des(qn, construction and re qrading phases of any development project. D. Use hard structural erosion protection measures for control of erosion only where: 2. Vegetative approaches to controlling erosion are not effective, The proposal includes disturbance (back filling of existing vegetation) that is currently stabilizing the bank (see Figure 1). It is recommended that the Board consider an erosion control method that utilizes natural, untreated materials (rocks) and includes the integration of existing vegetation to stabilize the toe of the slope. The top of bank (bluff) should also be evaluated to determine if storm water runoff is affecting the stability of the slope. Figure 1. Subject parcel. September 20, 2010 image date. Further, the proposed action does not include the re-vegetation of disturbed areas and/or on the backfilled section. If the Board approves the plans as submitted, it is recommended that minimal impact to existing vegetation is required and that the backfilled area be vegetated with appropriate species. Erosion control measures are not specified. In the event an action is approved, to further Policy 5 and 6 it is recommended that erosion control measures are required. 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: Lod Hulse, Assistant Town Attorney Town 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 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", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. 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# 031 09 012 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Oept. [] Board of Trustees [] 1. 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: Applicant proposes to install a vinyl-sheathed retaining wall along the bottom of bank within the eastern section of subject property, measuring 73.0' + long overall (inclusive ora 6.0' long vinyl- sheathed return), which is to measure .k0' _+ in height. Additionally, applicant proposes to backfill behind the proposed retaining wall with lOO + cubic yards of clean fill obtained from approved npland source. Location of action: 3.60 Lake View Terrace~ East Marion Site acreage: o.~7 ± Present land use: Residential Present zoning classification: R - ~0 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: WALTER GAIPA (b) Mailing address: P.O. Box ~24~7i East Marion, NY 1193.9 (c) Telephone number: Area Code ( 63.1 ) 1.77 - 1010 (d) Application number, if any: N/A 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? NYSDEC 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 Ill - Policies; Page 2 for evaluation criteria. [] Yes [] No [] Not Applicable Subiect proposal is consistent with the policy in that the siting and utilization of the proposed retaining wall will reflect the general character of the immediate neiqhborhood, specifically along this section of Marion Lake, in that a substantial amount of properties are also improved with similar erosion-control structures (i.e. bulkheading and retaining walls), includinq the existing bulkhead within this property. In addition, subject proposal will be harmonious with the "...beneficial use ora coastal location..." given that subject waterfront lot will be enhanced and improved by maintaining the existing bluff, preventing erosion threon. Accordingly, we believe that this project is consistent with this policy. 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 [] No [] Not Applicable Policy 2 is not applicable in that subject lot and the surrounding neiqhborhood cannot be deemed a substantial historic and/or archaeological resources. Attach additional sheets if necessary Policy 3. Enhance, visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 5 through 7 for evaluation criteria [] Yes [] No [] Not Applicable Subiect proposal will not adversely impact the visual quality of the surrounding area in that the proposal is to install a Iow retaining wall along the bottom of the bank along the shoreline of Marion Lake, which would become virtually undetectable due to the substantial amount of vegetation within this area. Accordinqly, this proposal will comply with Policy 3. 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 [] Not Applicable Subject proposal will fully comply with Policy 4 in that the proposed retaininq wall will stabilize and maintain the inteoritv of the existing bluff, thereby minimizing loss of life, structures and natural resources from flooding and erosion and/or the threat of Mark Terry. Accordingly, this proposal will comply with Policy 4. Attach additional sheets if necessary 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 [] Not Applicable Subiect [~ro~osal is not applicable to this policy in that it will have no effect to the water quality/supply within the surroundino area. 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 Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria [] Yes [] No [] Not Applicable £ub_iect proposal will maintain the quality of the surrounding ecosystem in that the proposal is to install a small retaining wall along the bottom of the bank to prevent any erosion of the bluff. The existing bulkhead above the bank has existed thereon for many years without resulting in any form of discernible adverse effects to the surrounding environment. Accordingly, this proposal will comply with Policy 6. 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 [] No [] Not Applicable Subject proposal is not applicable in that the proposal is simply to install a small retaining wall thereon which will not result in any form of adverse effects to air quality. Accordingly, this proposal is not applicable with this policy. Attach additional sheets if necessary Policy 8. Minimize~ environmental degradation in Town of Southold from solid waste and hazardous substances hnd wastes. See LWRP Section Ill - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal does not involve disposal and/or transportation of solid waste, hazardous waste, toxic pollutants, or petroleum products. Attach additional sheets if necessary 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 Subject orooosal is not applicable in that the proposal is not situated within a property containing, or having the ootential to contain, public access to coastal waters, public lands and/or public resources within the Town of Southold. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal does not involve a water-dependent use (i.e. marina, aquaculture, etc...). 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 III - Policies; Pages 57 through 62 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal does not involve any form of marine resource manaqement (i.e. commercial fisheries, recreational fisheries, aquaculture, etc...}. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [] Not Applicable Subject r)ro~osal is not applicable in that the proposal does not involve agricultural lands (i.e. the conversion of farmland, the establishment and/or maintenance of new coastal agricultural oroduction, etc...) Altach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No [] Not Applicable Subiect ~ro~osal is not applicable in that the proposal does not involve the conservation of energy resources on a commercial level and/or the promotion of alternative energy sources, proper maintenance of fuel storage facilities and/or the extraction of mineral extraction Attach additional sheets if necessary Created on 1/6/2006 @ l:OOpm TEST HOLE DAT~ N/O/F fflld k MICHAEL KENIN: r N55'47'20'E SURVEY OF PROPERTY AT EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. I000 - 31 - 09 - 42'& I$ SCALE: I'=20' '. JUNE 9, 20~0 DEC. 8, 2010 :~ :~ 11,725 sq. fl. lo fie line 2 sToRYsE R c~ ~ ,~, ~ o,~, / ] TOP OF BANK --- ~ N55'47~O'E S55'47'20'W . 210 RETAINING EALL N/O/F CLEO SECTION 'A'- SCALE, l" - 6' W~LL ELEVATION5 REFERENCED TO N.A.~O '88 I=MONUMENT ; ~OSE SIGNA~RE APPEARS NERE~. L/C. NO. 496h~ (631) '651) 765-1797 P.O. BOX 1230 TRAVELER STREET SOUTHOLD, N.K 1197l 10-233..