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HomeMy WebLinkAbout1000-26.-2-7.1 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 MEMORANDUM To: Jill Doherty, President Town of Southold Board of Trustees From: MarkTerry, Principal Planner LWRP Coordinator Date: November 14, 2011 Re: Proposed Wetland Permit for BARBARA DEFINA SCTM# 1000-26-2-7.1 En-Consultants on behalf of BARBARA DEFINA requests a Wetland Permit and Coastal Erosion Permit to construct approx. 108 If. of 1,500-3,000 lb. stone armor, incorporating existing, previously permitted stone armor (a portion of which is to be relocated landward to proposed location of finished structure); construct immediately landward of stone armor approx. 107 If. of vinyl retaining wall; re-nourish upland area eroded away with approx. 200 cy. of sand; re-establish previously required 8' non-turf buffer on landward side of stone to be planted with Cape American beach grass (12" on center); and construct 4'X 6' wood platform and 4'X 6' wood stairs over stone to beach. Located: 192 Willow Terrace Lane, Orient. SCTM#26-2-7.1 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 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 Town of Southoid A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM A ll applicants f0r perm its* including Town 0fS0uth01dagencies, shallc0mpletethisCCAF for proposed actions that are sub)ct to the Town 0f S0uth01d W aterfr0nt Consistency Review Law. This assessmentisintendedt0supplement0therinf0rmati0nusedbyaT0wn0fS0uth01dagencyin m a k in g a d e t e r m i n 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. 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. SCTM# 26 A copy of the LWP,,P 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 2 - 7.1 PROJECT NAME BARBARA DeFINA The Application has been submitted to (check appropriate response): Town Board [~ Planning Board[-"] Building Dept. ~] B~rd oiTrustees 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 transactioiv)./ J (b) Financial assistance (e.g. grant, loan, subsidy) / (c) Perm. it, approval, license, certification: Nature and extent of action: In conjunction with adjacent property to north, construct approximately 108 l.fi of 1,500 - 3,000 lb. stone armor, incorpo~ previously permitted stone armor (a portion of which is to be relocated landward to proposed location of finished struc/in:rre); cons~ immediately landward of stone armor approximately 107 1.f. of vinyl retaining wall; renourish upland area eroded awa~ by Tropical Storm Irene with approximately 200 cubic yards of sand; reestablish previously required 8' nonturf buffer on landward s~f st~on.5..~<(' be planted with Cape American beach grass (12" o.c.); and construct 4' x 6' wood platform and 4' x 6' wood stairs over stone to beach, all as depicted on the project plan prepared by En-Consultants, dated October 24, 2011. Location of action: 192 WILLOW TERRACE LANE, ORIENT Site acreage: 10, 849 S.F. Present land use: RESIDENTIAL, SINGLE-FAMILY DWELLING 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: BARBARA DeFINA (b) Mailing address: P.O. BOX 413 ORIENT, NY 11957 (c) Telephone number: Area Code 631-965-7621 (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 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. [~Yes [--] 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 [~ 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 III - Policies Pages 6 through 7 for evaluation criteria Yes No 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 See attached. 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 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 The proposed project entails the extension/raising of existing, previously permitted stone armor (and the construction of a retaining wall on its landward side to support it and provide improved retention of the upland area behind it) for the purpose of stabilizing and providing more effective long term protection of the owner's upland. A significant portion of that upland was eroded away avulsively during Tropical Storm Irene on August 29, 2011, despite the presence of the existing low-profile stone armor. The project includes the proposed renourishment of this eroded area, the most seaward 8 feet of which will be planted with Cape American beach grass (12" on center) and maintained as a nonturf buffer. Pursuant to Chapter 275-1 I(B)(1), the proposed retaining wall is being incorporated into the erosion control design only where it has demonstrated that the subject shoreline area is susceptible to and has been impacted by extreme erosion; and the proposed stone will armor its entire face, leaving no vertically faced structure exposed to Orient Harbor. Consistent with Chapter 275-11 (B)(1) and Chapter 111-15, the finished structure will maintain a sloped face and will encroach no further seaward onto the beach than the existing structure to ensure that it does not cause a measurable increase in erosion at the site or adjacent properties. In fact, a portion of the existing stone will be relocated landward from its present location on the beach to the proposed location of the finished structure. The proposed structures are being installed in conjunction with the adjacent property to the north, which was similarly impacted during Tropical Storm Irene. The structures are proposed not only where non-structural, vegetative means alone would not be sufficient to stem the ongoing erosion but also where the previously installed low- profile stone armor was demonstrated to be insufficient for this purpose. As a naturally protective feature capable of protecting against continued loss of uptand and ultimately the owner's dwelling is effectively absent at the site, the avulsively eroded area cannot be successfully renourished and maintained over the long term without enhanced toe stabilization; and maintaining, extending, and enhancing the existing hard structure for this purpose is the only design consideration that can practicably and effectively provide such toe stabilization. Despite the loss of the entire area previously designated to be a nonturf buffer, vegetative enhancement will remain part of the long-term remediation plan design, as an 8' nonturf buffer to be planted with Cape American beach grass will again be established landward of the proposed stone armor and retaining wall. Therefore, the project is also consistent with Policy 4 of the LWRP. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southoid. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [--1 Yes F-] No[5~] 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 [5~ 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 ~I~e proposed structure will be installed above high water associated with Orient Harbor and no farther seaward then the existing structure. In fact, a portion of the existing stone located on the beach will be relocated landward to the proposed location of the finished structure. Therefore, the proposed project will not preclude or inhibit existing access along the beach and will to a certain extent increase existing access. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes No Not Applieable uses in 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 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 V'-] 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 through 68 for evaluation criteria. ~] Yes [--] No [~] Not Applicable PREPARED BY ROBERT~RRMANN -__._. TITLE COASTAL MGMT SPECIALIST DATEocT. 25, 20Il Amended on 8/1/05 AREA TO BE RENOURISHED WITH APPROX. 100 CY OF CLEAN SAND ADJ. PROP. RET. WALL & STONE ARMOR PROP. 107 LF. OF VINYL RETAINING WALL ON LANDWARD SIDE OF PROP. STONE ARMOR PROP. 4' x 6' WOOD ALW APPROX. LIMIT OF PROP. 1~.. ;..'_ _.L.~_.o~-~,~eo-~.-nj ,3-,500 ~ONE TOE ~MOR ORIENT HARBOR E N- CONSU[IANIS 1319 NORTH SEA 65i TO BE PLANTED WiTH CAPE BEACH GRASS AND AS NONTURF BUFFER POLE BLKHD. PORt]ON OF EX. STONE TO BE RELOCATED TO PROP. LOCATION OF STONE ARMOR ~CqON THRLI ?RO?O¢gP 51'0Nl~ 4EMOR, I~TAINIHQ W,N.L, ~, I~NO~I~MBN1' 56Abt~:l" * I0'