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Home My WebLink About1000-45.-6-9.4 OFFICE LOCATION: S® MAILING ADDRESS: Town Hall Annex P.O.Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY 11971 Telephone: 631 765-1938 LOCAL WATERFRONT REVITALIZATION PROGRAM M �'�iOLD To: Glenn Goldsmith, President Town of Southold Board of Trustees From: Mark Terry, AICP LWRP Coordinator Date: June 12, 2023 Re: LWRP Coastal Consistency Review for ROBERT P. NELSON, JR SCTM#: 1000-45-6-9.4 Suffolk Environmental Consulting, Inc. on behalf of ROBERT P. NELSON, JR. requests a Wetland Permit for a Ten (10) Year Maintenance Permit to dredge the existing bulkheaded basin to-4.0' mean low water (approximately 550 cubic yards of bottomland), while maintaining 10' separation from existing bulkheads; and to de-water/deposit the±550 cubic yards of dredge spoil across a portion of the neighboring lot, seaward of the existing vegetation and landward of the spring high water mark. Located: 1420 Ninth Street, Greenport. SCTM# 1000-45-6-9.4 _ 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 action is CONSISTENT with LWRP Policy 6.3 and, therefore, CONSISTENT with the LWRP. The dredging is subject to seasonal controls. The increased flushing of the marine wetlands will help with the ecology. 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: Honorable Lori Hulse, Attorney Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FORM JUN 0 22023 Southold Town A. INSTRUCTIONS Planning Board 1. 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. 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 3. 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: A copy of the LWRP is available in the following aces: online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trust s Office,the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSE ACTION SCTM# 45 - 06 - 00 .004 The Application has been submitted to (chec appropriate response): Town Board ❑ Plan ing Dept. ❑ B ding Dept. ❑ Board of Trustees ® ZBA ❑ 1. Category of Town Southold ag cy action(check appropriate response): (a) Action underta en direc y by Town agency(e.g. capital construction, pl nning ctivity, agency regulation, land transaction) ❑ (b) Financial assistan a ( .g. grant, loan, subsidy) ❑ (c) Permit, approval, li nse, certification: Nature and extent of action: Applicant proposes to dredge existing bulkheaded basin to a -4.0' MLW (approx. 550 yds' of bottomland) while maintaining 10' separation from existing bulkheads. Ten-year maintenance permit requested. Location of action: 1420 91h Street • Greenport,NY • 11944 Site acreage: 7.2 acres Present land use: Residential Present zoning classification: R-40 2. 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: Robert P.Nelson (b) Mailing address: P.O. Box 596 • Greenport,NY • 11944 (c) Telephone number:Area Code(631) 477 - 0549 (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 III—Policies;Page 2 for evaluation criteria. ® Yes ❑ No ❑ Not Applicable This project is consistent with the above policy in that,the surrounding neighborhood consists of parcels improved in a similar manner to that which is currently proposed. 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 This policy is not applicable to the subject project 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 The proposed dredging of the subject basin will help maintain adequate tidal flow to wetlands,and consequentlyrooming a benefit to the health of the wetlands Consequently,this project is consistent with the above referenced policy. 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 Thos policy is not applicable to the subject project. 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 ❑ This project is consistent with this policy in that the proposed dredging will facilitate tidal flow in and out of the surrounding wetlands Consequently,this project is consistent with the above policy. 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 ❑ This project is consistent with this policy in that the proposed dredging will facilitate tidal flow in and out of the surrounding wetlands Consequently,this project is consistent with the above policy. 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 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 Not Applicable. 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 The proposed dredging will allow for better navigation of the surface waters of the Town of Southold within the immediate area Consequently,this project is consistent with the above policy. 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 IH—Policies; Pages 47 through 56 for evaluation criteria ❑ Yes ❑ No ® Not Applicable 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 III—Policies;Pages 57 through 62 for evaluation criteria ❑ Yes ❑ No ® Not Applicable 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 ❑ No ® Not Applicable 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 Not Applicable. Attach additional sheets if necessary Hydrographic Map N C� � f rorn,- W E Date: 23 August 2022 C�6� 0 deck Amended: 11 April 2023 T Town: Southold Suffolk County, NY Datum: MLW APR 1 7 2023 N N ,P 1 40 7-711 ------------- SCT# I SCT # 4, � 000-45-6-8 1 1000-45-6-9.4 ill,-:,""�-'�"-�l--Sil\,ep-,gands Holdings LLC I Land of Nelson Mi4W--% to Lin/ MHW ------ ---- ----------ct-------------c�-----------r------------- -------- Iq F. Cherry Lane D U N E Farm rl� LO U1 C� 9th Street 1IR LO (D LO LO LO Ui co vi C, beach grass oh Greenport --------------------------------------------------------------------------------------------------------------------------------------t----------------------------------------- ------- I T/ SCT# 1000-45-6-9.4 Place 550 cys of Dredge spoil above SHW - contain with KI Land of Nelson silt fence - approx 2 cu's per if along 300 If of beach, I dl I , �,_j I 1 1+1 1 IlId)j I I 6� I 1 1 �'j I IC'11 I I i,)i I I M11 I I 1d) -----_-.2t-----------—t-------1-4--------Ni F� '0 CIT, --------------It----. ------------------�SHW ----------------------------- ------------------------------------- -------------------------------- ------------------------------ --------------- /,, Dredge Basin ------------------------------ 0 '• " ------------------------------------------------------- MHW 11� (9 IIR 1� 11: 00 . . I- . (shaded area) --------------------- - - 00 to -4 MLW (approx 550 CYS) ------�i-------------------------------------------------- Stay 10' off blkd ------------------ MLW ----------------_-----------I------------- Li� ----------------- --------- to LO (D Ui Lq Lo Lq Lq Iq Lq 1:2 side slopes --------------------- C; 0 0 C; 0 0 00 0 place dredge spoil above SHW o a C; SHW 10 Typical Fill Section contain with -silt fence until dry Typical Dredge Section max 2.5' deep along 300 If 5— Dredge to -4 MLW --------------------------------MKW------ 1IMN 1w with adjac I ent owners I pproval 111stay 10' off blkds � � 7-0,co 00 5 aU ne 1:2 slopes ---SHW T MLW ---------- ---- ------- W -------- --- MHW -- LO LD Ln .......... O M N N C� C� 50------------ TT 5-------M Cove Lo to" rV FiT Flood C% Ebb__ Lq C� C� C� ROBERT H. FOX LO Ln Ln Ln "t NYS PLS # 50197 r1 P. 0. BOX 366 -Q,-,M Cn CO AQUEBOGUE, NY 1193 to LO (0 to LO U5 LFj Uj, LO LO 111 � 11 1. 11 11. 11� e-Y ,.. -• _.-. • . sem•� 's^.'� , I i r. 'M rift NELSON Property Situate:1420 91h Street • Greenport, NY • 11944 SCTM#: 1000—45.00—06.00—009.004 (photographs taken March 300,,2023) \\� k\\ r" i a a' ti The photograph above (taken facing northeast) depicts the approximate area of the proposed dredging to take place. NELSON Property Situate: 1420 91h Street • Greenport, NY • 11944 SCTM#: 1000-45.00-06.00-009.004 (photographs taken March 30th, 2023) r m . t a i� The photograph above (taken facing south) depicts the approximate area of proposed dredging to take place. 111 � 11 1. 11 11. 11� � �..M)Y ♦3 1��:� f t ^�- w ... ',..7 _- ��'�, ,�'A4 ..j.r.l:'aR-AKA) �� ii►� NELSON Property Situate: 1420 91h Street . Greenport, NY • 11944 SCTM#: 1000—45.00—06.00—009.004 (photographs taken March 301h, 2023) } x' The photograph above (taken facing east) depicts the area of proposed dredging to take place. NELSON Property Situate: 1420 91h Street • Greenport, NY • 11944 SCTM#: 1000-45.00-06.00-009.004 (photographs taken March 30th, 2023) , "rte= M-7 t f7 1 r 1 The photograph above (taken facing southeast) depict the mouth of the existing boat basin as well as a portion of the area to be dredged. — -1- LIK o 7 1-2 1-D2 SO LD so 44,00, & ,,�,4),a. I .—Di( In 4 40 4 3 3 A z W<, o; 2 's0 vvwq�r o 3TDA '02 ap Cd1UNn Of ot IT— rl, 7 ) .W.7 T——D ov i, "R GO ID eEE SEC HO M TC NOTE K COUNTY OF SUFFOLK r, oo 02 ------- k-1 P-p-ly I..S—i-Ag-,y w