LOCAL WATERFRONT REVITALIZATION PROGRAM CONSISTENCY DETERMINATION Town of Red Hook, New York On May 2, 1995, the Town of Red Hook adopted a Local Waterfront Revitalization Program (LWRP), which was approved by the New York State Department of State on September 20, 1995. The LWRP requires that the lead agency under the State Environmental Quality Review Act (SEQR) must make a determination that an action under its jurisdiction which is located within the Coastal Boundary is consistent to the maximum extent practicable with the LWRP prior to approving, funding or undertaking the action. This form is designed to assist the Planning Board in making a consistency determination. The form lists the 44 policies of the LWRP. Applicants are requested to make a preliminary assessment of the project’s consistency by completing the attached Table, which the Planning Board will review in making its determination. For each policy, applicants are requested to indicate that the project is either “consistent” or “not consistent” with the policy, or that the policy is “not applicable,” by checking the appropriate column. For an explanation of the policies, please review the LWRP, which is on file in the Planning Board office in the Red Hook Town Hall. Section V.C of the LWRP states that if the agency determines that the proposed action would cause a substantial hindrance to the achievement of the LWRP policies, such action shall not be undertaken unless the agency determines with respect to the proposed action that: a. No reasonable alternatives exist which would permit the action to be undertaken in a manner which will not substantially hinder the achievement of the LWRP policy standards and conditions; b. The action would be undertaken in a manner which will minimize all adverse effects on the LWRP policy standards and conditions to the maximum extent practicable; and c. The action will result in an over-riding Town, regional or state-wide public benefit. Applicants whose proposals are not consistent with the LWRP policies must provide evidence that the above standards will be met before the Planning Board can issue a consistency determination. Name of Action: Bard College Ground Mount Solar System Consistency Determination The Town of Red Hook Planning Board has reviewed the proposed action against the policies of the Town’s Local Waterfront Revitalization Program and has determined that the proposed action is consistent with the policies of the LWRP.
Planning Board Chairperson
March 6 , 2023 Date
Bard College Ground-Mount Solar System
Local Waterfront Revitalization Consistency Form Consistent Policy
N/A
Yes
No
Comments
A. Development Policies
- Not applicable to Red Hook.
✓
1A. Encourage growth of the tourism sector of the Town economy through: (1) preservation, enhancement and/or reuse appropriate areas and structures within the LWRP area/Historic Shorelands Scenic District, and (2) taking steps to inform the public of existing areas of historic, scenic, and recreational interest.
✓
- Facilitate the siting of water-dependent uses and facilities on or adjacent to coastal waters.
✓
- Not applicable to Red Hook.
✓
- Not applicable to Red Hook.
✓
- Encourage the location of development in areas where public services and facilities essential to such development are adequate, except when such development has special functional requirements or other characteristics which necessitate its location in other Coastal Areas.
✓
- Expedite permit procedures in order to facilitate the siting of development activities at suitable locations.
✓
B. Fish and Wildlife Policies 7. Significant coastal fish and wildlife habitats, as identified on the Coastal Area Map, shall be protected, preserved, and, where practical, restored so as to maintain their viability as habitats.
✓
7A. Protect the areas identified as significant habitat areas by the Department of State as well as the creeks, kills, wetland and cove areas draining into and adjacent to the Hudson River from alteration and/or pollutant discharge by residential, commercial, agricultural or industrial uses in order to maintain their viability as habitat areas.
✓
- Protect fish and wildlife resources in the Coastal Area from the introduction of hazardous wastes and other pollutants which bioaccumulate in the food chain or which cause significant sublethal or lethal effect on those resources.
✓
Town of Red Hook LWRP Consistency Form
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Bard College Ground-Mount Solar System
Local Waterfront Revitalization Consistency Form Consistent Policy
N/A
- Expand recreational use of fish and wildlife resources in Coastal Areas by increasing access to existing resources, supplementing existing stocks, and developing new resources. Such efforts shall be made in a manner which ensures the protection of renewable fish and wildlife resources and considers other activities dependent on them.
✓
- Further develop commercial finfish, shellfish, and crustacean resources in the Coastal Area by: (1) encouraging the construction of new, or improvement of existing, on-shore commercial fishing facilities; (2) increasing marketing of the State’s seafood products; and (3) maintaining adequate stocks and expanding agricultural facilities. Such efforts shall be in a manner which ensures the protection of such renewable fish resources and considers other activities dependent on them.
✓
Yes
No
Comments
C. Flooding and Erosion Hazards Policies 11. Buildings and other structures will be sited in the Coastal Area so as to minimize damage to property and the endangering of human lives caused by flooding and erosion.
✓
- Activities or development in the Coastal Area will be undertaken so as to minimize damage to natural resources and property from flooding and erosion by protecting natural protective features including beaches, dunes, barrier islands and bluffs. Primary dunes will be protected from all encroachments that could impair their natural protective capacity.
✓
- The construction or reconstruction of erosion protection structures shall be undertaken only if they have a reasonable probability of controlling erosion for at least thirty years as demonstrated in design and construction standards and/or assured maintenance or replacement programs.
✓
- Activities and development, including the construction or reconstruction of erosion protection structures, shall be undertaken so that there will be no measurable increase in erosion or flooding at the site of such activities or development, or at other locations.
✓
- Mining, excavation or dredging in coastal waters shall not significantly interfere with the natural coastal processes which supply beach materials to land adjacent of such waters and shall be undertaken in a manner which will not cause an increase in erosion of such land.
✓
Town of Red Hook LWRP Consistency Form
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Bard College Ground-Mount Solar System
Local Waterfront Revitalization Consistency Form Consistent Policy
N/A
- Public funds shall only be used for erosion protective structures where necessary to protect human life, and new development which requires a location within or adjacent to an erosion hazard area to be able to function, or existing development; and only where the public benefits outweigh the long term monetary and other costs including the potential for increasing erosion and adverse effects on natural protective features.
✓
Yes
- Whenever possible, use non-structural measures to minimize damage to natural resources and property from flooding and erosion. Such measures shall include: (1) the set back of buildings and structures; (2) the planting of vegetation and the installation of sand fencing and draining; (3) the reshaping of bluffs; and (4) the flood-proofing of buildings or their elevation above the base flood level.
No
Comments
✓
D. General Policy 18. To safeguard the vital economic, social and environmental interests of the State and of its citizens, proposed major actions in the Coastal Area must give full consideration to those interests, and to the safeguards which the State and municipality have established to protect valuable coastal resource areas.
✓
E. Public Access Policies 19. Protect, maintain, and increase the level and types of access to public water-related recreation resources and facilities so that these resources and facilities may be fully utilized in accordance with reasonably anticipated public recreation needs and the protection of historic and natural resources. In providing such access, priority shall be given to public beaches, boating facilities, fishing areas and waterfront parks
✓
- Access to the publicly-owned foreshore and to lands immediately adjacent to the foreshore or the water’s edge that are publicly-owned shall be provided, and it should be provided in a manner compatible with adjoining uses. Such lands shall be retained in public ownership.
✓
20A. Reasonable vehicular access and pedestrian access shall be provided, whenever feasible, to the publicly owned foreshore and public ownership or easement over adjoining land will be pursued, where appropriate.
✓
Town of Red Hook LWRP Consistency Form
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Bard College Ground-Mount Solar System
F. Recreation Policies 21. Water-dependent and water-enhanced recreation will be encouraged and facilitated, and will be given priority over non-waterrelated uses along the coast, provided it is consistent with the preservation and enhancement of other coastal resources and takes into account demand for such facilities. In facilitating such activities, priority shall be given to areas where access to the recreation opportunities of the coast can be provided by new or existing public transportation services and to those areas where the use of the shore is severely restricted by existing development.
✓
21A. Undertake efforts to establish a Town dock and park area or areas in Barrytown to provide public access for water-related recreation activities including fishing and boating.
✓
- Development, when located adjacent to the shore, will provide for water-related recreation, as a multiple use, whenever such recreational use is appropriate in light of reasonably anticipated demand for such activities and the primary purpose of the development.
✓
G. Historic Resource Policy 23. Protect, enhance and restore structures, districts, areas or sites that are of significance in the history, architecture, archaeology or culture of the State, its communities, or the nation.
✓
23A. Conserve, protect, preserve and, if appropriate, promote the adaptive reuse of places, sites, structures, views and features in the Coastal Area of the Town of Red Hook of special historic, cultural or archaeological significance or which by reason of association with notable people or events, or of the antiquity or uniqueness of architectural and landscape design particular significance to the heritage of the Town.
✓
H. Scenic Quality Policies
Town of Red Hook LWRP Consistency Form
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Bard College Ground-Mount Solar System
- Prevent impairment of scenic resources of statewide significance, as identified on the Coastal Area Map. Impairment shall include: (i) the irreversible modification of geologic forms, the destruction or removal of vegetation, the destruction, or removal of structures, whenever the geologic forms, vegetation or structures are significant to the scenic quality of an identified resource; and (ii) the addition of structures which because of siting or scale will reduce identified views or which because of scale, form, or materials will diminish the scenic quality of an identified resource.
✓
24A. Prevent impairment of the Estates District Scenic Area of Statewide Significance.
✓
24B. Prevent impairment of the Ulster North Scenic Area of Statewide Significance.
✓
- Protect, restore or enhance natural and manmade resources which are not identified as being of statewide significance, but which contribute to the overall scenic quality of the Coastal Area.
✓
25A. Prevent impairment of scenic resources incorporated within the Mid-Hudson Historic Shorelands Scenic District.
✓
25B. Protect and enhance the scenic qualities of roads in the Town designated as scenic roads.
✓
I. Agricultural Lands Policy 26. Not applicable to Red Hook.
✓
26A. To conserve and protect agricultural lands in the Coastal Area of the Town of Red Hook, an action shall not result in a loss, nor impair the productivity of important agricultural lands, if that loss or impairment would adversely affect the viability of agriculture in an Agricultural District, or if there is no Agricultural District, in the area surrounding such lands. 2
✓
J. Energy and Ice Management Policies
- Decisions on the siting and construction of major energy facilities in the Coastal Area will be based on public energy needs, compatibility of such facilities with the environment, and the facility’s need for a shorefront location.
✓
- Ice management practices shall not damage significant fish and wildlife and their habitats, increase shoreline erosion or flooding, or interfere with the production of hydroelectric power.
✓
- Not applicable to Red Hook.
✓
Town of Red Hook LWRP Consistency Form
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Bard College Ground-Mount Solar System
K. Water and Air Resources Policies 30. Municipal, industrial, and commercial discharge of pollutants, including but not limited to, toxic and hazardous substances, into coastal waters will conform to State and national water quality standards.
✓
- State Coastal Area policies and purposes of approved Local Waterfront Revitalization Programs will be considered while reviewing coastal water classifications and while modifying water quality standards; however, those waters already overburdened with contaminants will be recognized as being a development constraint.
✓
- Encourage the use of alternative or innovative sanitary waste systems in small communities where the costs of conventional facilities are unreasonably high, given the size of the existing tax base of these communities.
✓
- Best management practices will be used to ensure the control of stormwater runoff and combined sewer overflows draining into coastal waters.
✓
- Discharge of waste materials into coastal waters from vessels will be limited so as to protect significant fish and wildlife habitats, recreational areas and water supply areas.
✓
- Dredging and dredge spoil disposal in coastal waters will be undertaken in a manner that meets existing State dredging permit requirements, and protects significant fish and wildlife habitats, scenic resources, natural protective features, important agricultural lands, and wetlands.
✓
- Activities related to the shipment and storage of petroleum and other hazardous materials will be conducted in a manner that will prevent or at least minimize spills into coastal waters; all practicable efforts will be undertaken to expedite the cleanup of such discharges; and restitution for damages will be required when these spills occur.
✓
- Best management practices will be utilized to minimize the non-point discharge of excess nutrients, organics and eroded soils into coastal waters.
✓
- The quality and quantity of surface water and groundwater supplies will be conserved and protected, particularly where such waters constitute the primary or sole source of water supply.
✓
38A. Work to re-establish and maintain the Saw Kill Water Quality Surveillance Program.
Town of Red Hook LWRP Consistency Form
✓
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Bard College Ground-Mount Solar System
- The transport, storage, treatment and disposal of solid wastes, particularly hazardous wastes, within Coastal Areas will be conducted in such a manner so as to protect groundwater and surface water supplies, significant fish and wildlife habitats, recreation areas, important agricultural lands and scenic resources.
✓
- Effluent discharged from major steam electric generating and industrial facilities into coastal waters will not be unduly injurious to fish and wildlife and shall conform to State water quality standards.
✓
- Land use or development in the Coastal Area will not cause national or State air quality standards to be violated.
✓
- Coastal management policies will be considered if the State reclassifies land areas pursuant to the prevention of significant deterioration regulations of the Federal Clean Air Act.
✓
- Land or development in the Coastal Area must not cause the generation of significant amounts of the acid rain precursors: nitrates and sulfates.
✓
- Preserve and protect tidal and freshwater wetlands and preserve the benefits derived from these areas.
✓
Town of Red Hook LWRP Consistency Form
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