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HomeMy WebLinkAbout1000-111.-13-6 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: Mark Terry, Principal Planner LWRP Coordinator Date: September 20, 2011 Re~ Proposed Wetland Permit for ELLEN F. EMERY SCTM#1000-111-13-6 Lark & Folts, Esqs. on behalf of ELLEN F. EMERY requests a Wetland Permit to repair and replace existing stairs and platform with in-kind material in the same location; trim and remove dead and overgrown vines and non-native vegetation on bluff; build terracing and install erosion control mats at top of the bluff; and replant bluff with native plant material. Located: 5925 Nassau Point Rd., Cutchogue. SCTM#111-13-6 Figure 1. Subject Parcel. 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 repair and replace existing stairs (excluding platform) with in-kind material in the same location is EXEMPT form coastal consistency review pursuant to § 268-3. Definitions: Item B. which states: B. Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site (inplace), including upgrading buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard Area (CEHA) law where structures may not be replaced, rehabilitated or reconstructed without a permit and shoreline erosion control structures (including, but not limited to, groins, jetties, bulkheads, filled piers) located within Great Peconic Bay, Cutchogue Harbor, Little Peconic Bay, Hog Neck Bay, Noyack Bay, Southold Bay, Shelter Island Sound, Pipes Cove, Orient Harbor, Gardiners Bay, Long Island Sound, Fishers Island Sound and Block Island Sound (excluding all creeks); The construction of a proposed 67.2 square foot platform is not a permissible action pursuant to 275- 11 Construction and operation standards, A (6) and is INCONSISTENT with LWRP Policy 6.3 (below) and therefore, INCONSISTENT with the LWRP. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. 275-11 Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (6) Decks and platforms. No decks or platforms shall be permitted on or near bluffs. Platforms associated with stairs may not be larRer than 32 square [~et. [Amended 10-11-2005 by L.L. No. ~7-2005] Note it is recommended that the Board require more detailed plans detailinR the "trim and remove dead and overqrown vines and non-native veqetation on bluff (it is my understandinq that the veqetation has been removed); build terracinR and install erosion control mats". Veqetation species, spacin.q, survivability and terracin.q materials and details should be provided. 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 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 malting a determination of consistency. *Except minor exempt actions including Buila~ng Permits and other ministerial permits not located within the Coastal Erosion H~ard .4rea.. Before answering the questions in Section C, the preparer of this form should review the exempt · minor action list, policies and oxplnnntiOns 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 en~stal area (which includes all of Southold Town). If any question in Section C on this form is ans~ "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- suooorfin~ 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, ail local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION PROJECTNAME Emery Residence Bluff Project The Application h~s been submitted to (check appropriate response): TownSoard ~ Planning Board l--] Bu~ldingDept. ~ Beard ofTrustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital constmedon, planning activity, agency regulation, land transaction) Co) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Repair and replace existing stairs and platform with in kind material in the same location; trim and remove dead and overgrovm vines and non-native vegetation on bluff; build terracing and install erosion control mats at top of the bluff; and replant bluff with native plant material (see attached affidavit of Ellen F. Emery sworn to on August 26, 2011 with attachments as part of this application). Location of action: Site acreage:. Present land usc: 5925 Nassau Point Road, Cutchogue, New York .83 acres one-family dwelling Presentzor~ngclassificafion: R-40 (Residential Low Density) If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: Ellen F. Emery (Trustee of the Ellen F. Emery 1999 Revocable Trust) ~) ~v~ai]i~gaddress: 121 Somerset Avenue, Garden City, New York 11530 (c) Telephone number: Ama Code ( ) (516) 746-4038 (d) Application number, if any: None Will the action be dh'~ctly undertaken, require funding, or approval by a state or federal agency? Yes ~ No~--] Ifyes, which smte or federal agency?. N/A 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 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 IH - Policies; Page 2 for evaluation criteria. Yes ~ No [-~ Not Applicable Provide safe access to the beach with erosion control structure and replant bluff with native species. 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 Attach additional sheets if necessary Policy 3, Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section Ill - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No [] Not Applicable Improve visual quality of the bluff on applicant's property by preventing bluff erosion, remove non-native plants and replace with attractive native species. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Seclion HI - Policies Pages 8 through 16 for evaluation criteria [-~ Yes ~'] No n Not Applicable The replacement of the bluff stair system was necessary for safe access to the beach and to the bluff area to trim the overgrown and dead invasive plants and to install the terracing to provide the re§rowth of heal~ native species and to assist in retarding future erosion. Attach additional sheets ifn~cessary 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 Yes [] No ~]Not Applicable At~ach 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 Seclion IIl- Policies; Pages 22 through 32 for evaluation criteria. [] n Fq Yes No Not Applicable Attach additional sheets if necessary Policy ?. Protect and improve air qualily in the Town of Southold. See LWRP Section III - PoliCies Pages 32 through 34 for evaluation criteria. ~'~ Yes N No ~-] Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southoid from solid waste and hazardous substances and wastes. See LWRP Section HI - 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 Santhold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~-~ Ye.j-] No [] Not Applicable Attach additional sheets if necessary · ,WORKING COAST POLICIES Policy 10. Protect SoUthold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section HI ~ Policies; Pages 47 through 56 for evaluation criteria. Yes [] No Not Applicable At. ch additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island,Sound, the Peconic Estuary and Town waters. See LVtrRp Section HI - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No [] Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southoid. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ~ Yes ~ No [] Not Applicable Attech 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 PREPARED BY Richard F. Lark TITLE Attorney DATE 8/30/11 SURVEY`ED 0-'f-28-2011 .SCJFFOLK COUNTY TAX :~ P/O IOOO - III - lB - ¢ FOR: ELLEN EMERY NASSAU POINT ROAD CUTCHO®UE, NER'/ 'CORK O N W S EL=00 EL=SD' EL EL=45' EL=40' EL=B5' EL=50' EL=25~ EL=20' EL=IS' EL=ID' EL=5' EL:O' LOCATION HAP PLAN VI EI, N PROFILE VIEW NOTES: ELEVATIONS t:~EEERENCE LOI,',I ]dATER AT EL=O.O' LICENSED AF~J:5ORIST NED HARROUN FROI'4 ISLAND TREE CO. ADVISES THAT "CUT AREA" IS CURRENTLY' REVE®ETATIN® ITSELF AND BEST COURSE OF ACTION IS TO LEAVE IT ALONE GRAPHIC SCALE I"= 90'