Loading...
HomeMy WebLinkAbout1000-97.-2-9.1 OFFICE LOCATION: : .: ;, MAILING ADDRESS: Town Hall Annex =` P.O. Box 1179 54375 State Route 25 ; -AL' Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) c/s;: -`-t t Southold, NY 11971 � , �� Telephone: 631 765-1938 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: Glenn Goldsmith, President Town of Southold Board of Trustees From: Mark Terry, AICP LWRP Coordinator Date: March 19, 2025 Re: LWRP Coastal Consistency Review for Russell McCall SCTM# 1000-97-2-9.1 Costello Marine Contracting Corp. on behalf of RUSSELL McCALL requests a Wetland Permit for a Ten (10) Year Maintenance Permit to dredge a 30' wide channel removing approximately 325 cubic yards to a depth of approximately 1' below Mean.Low Water with excavated material to be placed to re-establish previously permitted dike (all within Town owned underwater lands) to close off existing creek inlet, and in an upland area owned by applicant for drainage with dewatered excavated material to be used as beach nourishment. Located: Town of Southold Underwater Lands & 11600 New Suffolk Avenue, Cutchogue. SCTM#'s 1000-116-6-6 & 1000-116-6-7 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 Policies and, therefore, CONSISTENT with the LWRP. Turbidity controls 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: Honorable Lori Hulse, Attorney t Town of Southold C3! MAR 1 1 2025 LWRP CONSISTENCY ASSESSMENT FORM SUU"I HOLD TOWN PLANNING BOARD A. INSTRUCTIONS 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 .s4mifica 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 detEdl,.._listing both supporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions,. t-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. s B. DESCRIPTION OF SITE AND PROPOSED ACTION r SCTM# 116 :6 . •,� ( .cal PROJECT NAME Downs Creek Maintenance Dredge The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ 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: .1 0-year maintenance dredge 30'wide channel-removing approximately,325 cubic yards to a depth of approximately 1' below Mean Low Water. Excavated material to be placed in upland area on project site for drainage. Dewatered excavated material to be used as beach nourishment. M Location of action: 10230 New Suffolk Avenue, Cutchogue, NY 11935 Site acreage: 5.04 Present land use: Underwater Lands Present zoning classification: Unknown _ 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: REMCC, LLC - Downs Creek, LLC c/o Russell McCall (b) Mailing address: P-O. Box 271, Cutchogue, NY 11935 (c) Telephone number: (404) 274-2809 Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes 0 No❑ If yes,which state or federal agency?DEC, DOS, USACE, and Southold Town 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 Our proposal.is for the maintenance dredge of this waterway to allow water to continue to flow in and .out of the creek. The proposal will.not_have.,any effect on.the community character, open space, or- -use of infrastructure. 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 Our proposal will have no influence on the historic and archaeological resources of the Town of Sout _ _ _. 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 ❑✓ Not Applicable Our proposal is-for the maintenance dredge of this waterway to allow water to continue to flow in and_ out of the creek. The visual quality and scenic resources will not be negatively impacted. -- -- - - - --- - 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 The mouth of this waterway frequently experiences shoaling which requires dredging. Our proposal should-be considered routine maintenance. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of.Southold. See LWRP Section HI —Policies Pages 16 through 21 for evaluation criteria - — Yes ❑ No R]Not Applicable Our proposal will not influence the water quality of the water supply of the Town of Southold. 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 HI—Policies; Pages 22 through 32 for evaluation criteria. ❑ Yes ❑No 0 Not Applicable During operations, Best Management Practices will be used to protect the wetlands and waterways. Our proposal will not have any influence on the restoration or protection of the ecosystem. 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 Our proposal will not have any effect on the air quality in the Town of Southold. 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 Z Not Applicable Our proposal does not involve solid waste and/or hazardous substances. 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. ❑ Ye❑ No Z Not Applicable Our proposal is for the maintenance dredge of this waterway to allow water to continue to flow in and out of the creek. There will be no change in public access to or recreational use of coastal waters, public lands, or public resources. 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 III—Policies; Pages 47 through 56 for evaluation criteria. ❑✓ Yes ❑ No ❑ Not Applicable The waterway allows water to continue to flow in and out ?creek so that the habitat within the creek may thrive Maintaining adequate water flow will preserve and improve the upland Walter quality so that it-does not become impaired by pathogens._ 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 ' The maintenance dredging of this waterway will not influence the living marine resources in the Long Island Sound Peconic Estuary or Town waters. Once the work is complete the area will have _ not changed in the sustainable use of marine resources. 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 0 Not Applicable Our proposal will not influence agricultural lands in the Town of Southold. 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 Our proposal will have no influence on the use or development of energy or mineral resources. PREPARED BY Robert Lehmann TITLE Permitting Assistant DATE 10/18/24 for Costello Marine Contracting Corp. WATERVILLE, CUTOH OGUE �� \+s''� r ;•' \\ 'osm � ',':4 .'I, i ''\ '� ' of �'�e� \ �,�'� �d\}L . 26 tr `� c 1, ' Ji l/r''/ Vi' '!a\ °a � �{ Il(i���ti'� i, /:• e 3 \ Q�`-oo'. SlPhaua -= 111� [ l i\ ve - �r N�4 II,Ir ot I t Sa folk A\, rl °�!, '1 { \` 'ft" eW. Uff0lk Ave�..��\ NEW�1 -a` MAT. •� :\ •�►J \ _ _. SUFFOLK i+ -- `� ems` I \ Ict Pak \�,';l•\. URE e Island ' ® E F E B 2 5 2025 APPLICANT: RUSSELL McCALL JBMNY LLC Southold Town RUSTY NY LLC Board of Trustees ADDRESS: P.O. BOX 271 CUTCHOGUE, NY 11935 PREPARED BY: KS REVISED BY: KS VICINITY MAP JOB SITE: 10140 NEW SUFFOLK AVENUE COSTELLO MARINE CONTRACTING CORP. N400 59' 25" W720 29' 43" CUTCHOGUE, NY 11935 P.O. BOX 2124, GREENPORT, N.Y. 11944 SCTM#: 1000-116-6-3&7 (631)477-1199 (SHEET I of 6) DATE: 02/21/25, 10/15/24 ADJACENT PROPERTY OWNERS E. COURTIEN FAMILY TRUST a 1375 BELLEVIEW AVENUE _ I.I PLAINFIELD, NJ 07060 (10006 NEW SUFFOLK AVENUE) (SCTM# 1000-116-6-1.1) JANE BIENEMAN & GIANFRANCO MITRIONE NEW AVENUE- 250 W. 94TH/ STREET, 13C z 0 NEW YORK, NY 10025 (10100 NEW SUFFOLK AVENUE) O ��� O (SCTM# 1000-116-6-1.2) DAVID WESTERMANN JR. c/o THE WYNDHAM EAST O100 HILTON AVENUE #410 GARDEN CITY, NY 11530 0 GREAT PECONIC (10098 NEW SUFFOLK AVENUE) � � BAY (SCTM# 1000-116-6-2) C E W E PROJECT LOCATION RUSSELL MCCALL JBMNY LLC RF F E 0 2 5 202.5 RUSTY NY LLC 03 275 SPRING STREET SW ATLANTA, GA 30303 Southold Town (10140 NEW SUFFOLK AVEJ Board of Trustees (SCTM# 1000-116-6-3) DOWNS CREEK LLC D WEILD III QPRT TOWN OF SOUTHOLD RUSSELL C. MCCALL RUSTY NY LLC DRUE WEILD QPRT P.O. Box 1179 O 3370 PANTERSVILLE ROAD c/o CAROLYN MCCALL 484 SIWANOY PLACE © SOUTHOLD, NY 11971 DECATUR, GA 30034-3833 Q REMCC LLC O PELHAM MANOR, NY 10803-2421 (UNDERWATER LAND) (11600 NEW SUFFOLK AVE.) 633 S. FIFTH STREET (10450 NEW SUFFOLK AVE.) (SCTM# 1000-116-6-6) (SCTM# 1000-116-6-7) COLUMBUS, OH 43206 (SCTM# 1000-116-6-5) (10230 NEW SUFFOLK AVE.) (SCTM# 1000-116-6-4) APPLICANT: RUSSELL MCCALL JBMNY LLC RUSTY NY LLC ADDRESS: P.O. BOX 271 CUTCHOGUE, NY 11935 PREPARED BY: KS REVISED BY: KS LOCATION MAP JOB SITE: 10140 NEW SUFFOLK AVENUE COSTELLO MARINE CONTRACTING CORP. N400 59' 25" W720 29' 43" CUTCHOGUE, NY 11935 P.O. BOX 2124, GREENPORT, N.Y. 11944 SCTM#: 1000-116-6-3&7 (631)477-1199 (SHEET 2 of 6) DATE: 02/21/25, 10/15/24 PROPOSED 10 YEAR MAINTENANCE DREDGE 30 FOOT WIDE CHANNEL REMOVING APPROXIMATELY 325 CUBIC YARDS TO A DEPTH OF APPROXIMATELY ONE FOOT BELOW MEAN LOW WATER. EXCAVATED MATERIAL TO BE PLACED TO RE-ESTABLISH PREVIOUSLY PERMITTED DIKE AND IN UPLAND AREA OWNED BY APPLICANT. DEWATERED EXCAVATED MATERIAL TO BE USED AS BEACH NOURISHMENT. D EC E E F E B 2 5 2025 Southold Town Board of Trustees APPLICANT: RUSSELL McCALL ACCESS: JBMNY LLC RUSTY NY LLC BY WATER VIA BARGE ADDRESS: P.O. BOX 271 CUTCHOGUE, NY 11935 PREPARED BY: KS REVISED BY: KS JOB SITE: 10140 NEW SUFFOLK AVENUE COSTELLO MARINE CONTRACTING CORP. CUTCHOGUE, NY 11935 P.O. BOX 2124, GREENPORT, N.Y. 11944 SCTM#: 1000-116-6-3&7 (631)477-1199 (SHEET 3 of 6) DATE: 02/21/25, 10/15/24 0 NEW SUFFOLK AVENUE BRIDGE O \- C, LAND OF DRUE WEILD QUALIFIED PERSONAL cL ' �� GG\- �� RESIDENCE TRUST N C,M DAVID WEILD QUALIFIED PERSONAL RESIDENCE D o�a SG \6"�' SCTM# LAND OF 1000-II6-6-5 RUSSELL McCALL SCTM# 1000-II6-6-7 DOWNS CREEK . . y . � I lZ MHW: BAR' -*. .* :.5PR1=AD•SPOIL EA$T.AS BEACH NOURISHMENT j TOWN OF 1 i����i�i��i��%/��%i�i SOUTHOLD �zi� --------------- ® UNDERWATER LAND _ PRESENT OUTLET PQ�\c, J SCTM# LRE_ESTABLISN _ CHANEL P , I000 II6 6-6 PIOUSLY r — R pF � P\' � •: --�� PERM �� —�) MLW MHW GREAT PECONIC \0� gPR III r r DREDGED SPOIL DEPOSIT SPND I�IIIM I r,rrM�W SITE (DRAINAGE) 60'xl60'± BAY PROPOSED: r r' 10 YEAR MAINTENANCE DREDGE 30 FOOT WIDE CHANNEL REMOVING r r r APPROXIMATELY 325 CUBIC YARDS TO A DEPTH OF APPROXIMATELY r ONE FOOT BELOW MEAN LOW WATER. EXCAVATED MATERIAL TO BE PLACED TO RE-ESTABLISH PREVIOUSLY PERMITTED DIKE AND IN UPLAND AREA OWNED BY APPLICANT. DEWATERED EXCAVATED OR\F( MATERIAL TO BE USED AS BEACH NOURISHMENT. APPLICANT: RUSSELL McCALL JBMNY LLC RUSTY NY LLC SITE PLAN ADDRESS: P.O. BOX 271 CUTCHOGUE, NY 11935 PREPARED BY: KS REVISED BY: KS 0 100, JOB SITE: 10140 NEW SUFFOLK AVENUE COSTELLO MARINE CONTRACTING CORP. CUTCHOGUE, NY 11935 P.O. BOX 2124, GREENPORT, N.Y. 11944 1"=100' SCTM#: 1000-II6-6-3&7 (631)477-1199. (SHEET 4 OF 6) DATE: 02/21/25, 10/15/24 AREA TO BE EXCAVATED REMOVING APPROX. 325± CY.YD'S OF SAND 25' 30'± REGRADED I REGRADED SAND AREA AREA SAND BAR BAR /,/- MHW +2.5' MLw 0.0 NOTE: CHANNEL EXCAVATED SPOIL TO BE PLACED AS BEACH NOURISHMENT IN UPLAND AREA ON PROJECT SITE. E c E 0 V E DETAIL - NEW OUTLET CHANNEL F EB 2 5 2025 0 5' APPLICANT: RUSSELL McCALL Southold Town JBMNY LLC Board of Trustees RUSTY NY LLC ADDRESS: P.O. BOX 271 CUTCHOGUE, NY 11935 PREPARED BY: KS REVISED BY: KS JOB SITE: 10140 NEW SUFFOLK AVENUE COSTELLO MARINE CONTRACTING CORP. CUTCHOGUE, NY 11935 P.O. BOX 2124, GREENPORT, N.Y. 11944 SCTM*: 1000-116-6-3&7 (631)477-1199 (SHEET 5 of 6) DATE: 02/21/25, 10/15/24 DEPOSITION SITE 50'x400'± DEPOSIT 325± CU.YD'S OF DREDGED SPOIL AS BEACH NOURISHMENT ABOVE HIGH WATER LINES 100'± 60'± 1.0'± EXISTING GRADE — — M_JIW JHW+ .5'- - - _ MLW MLW 0.0 ® E C E U CROSS SECTION - EXISTING SAND BAR F E B 2 5 2025 0 20' Southold Town -20 APPLICANT: RUSSELL McCALL JBMNY LLC Board of Trustees RUSTY NY LLC ADDRESS: P.O. BOX 271 CUTCHOGUE, NY 11935 PREPARED BY: KS REVISED BY: KS JOB SITE: 10140 NEW SUFFOLK AVENUE COSTELLO MARINE CONTRACTING CORP. CUTCHOGUE, NY 11935 P.O. BOX 2124, GREENPORT, N.Y. 11944 SCTM*: I000-II6-6-30 (631)477-1199 (SHEET 6 OF 6) DATE: 02/21/25, 10/15/24 I "TCK cmsEQ.No.,"9 mXT—cH -15 FOR NO. FONKLNO, $EESEC.NV Io— ot4li- 084� I. to — —I ' i le TOM OF SOISTHOLD o"M so; mow , LxT 03 U 10 TOM OF U C,"p", m�ig r ,J. 01 1 ., 2 TOM OF e�- 3'U(.) 2.7AW 14,to A -n— I A I f 2W 2W)3wuw_Hrt .2 Ml to -W 29N.) it 8� I It 3A(C) k 'o'.1 , w,a DER,i ?4 NO. 1-1 I 12� 61 i 2� E",7 4 41 1 lAA T.—FloO.OLE) 2 1,s 3� 2.(.) .7t 11, -oT x1 1 , 3 LA. 12WI� 21-4 1tfilo, 2.N. to 1.10,111 ol J. '2 To- PECONIC OF � q oL It lAl.) jlt ro 9 1 is 0 vtgp,.f G 21 2 9. L N NOTICE s ION w COUNTY OF SUFFOLK Q 'E Real Property Tax Service Agency z Y. w 116 . ..... .... Client: Downs Creek, LLC Location: 10230 New Suffolk Avenue, Cutchogue,NY 11935 Date: 7/16/23, 4/7/94 Photo 1: Taken from Google Earth, showing project location. w 047. OL Al .I .� ✓ � �n. _S.dam J P. poogleFarth Photo 2: Taken from Google Earth, showing Downs Creek Inlet in 1994. 0.;7� VA 77 IL Now Image U.S.Geolog"Survey Google Earth Prepared by: Costello Marine Contracting Corp. 423 5th Street, PO Box 2124, Greenport,NY 11944 (631)477-1199 Phone (631)477.W5 Fax 1 Client: Downs Creek, LLC Location: 10230 New Suffolk Avenue, Cutchogue, NY 11935 Date: 3/31/01, 3/6/12 Photo 3: Taken from Google Earth, showing Downs Creek Inlet in 2001. • r idol 1 . _ Google Photo 4: Taken from Google Earth, showing Downs Creek Inlet in 2012. - + - jW A. mpg- s. 1, • • - Prepared by: Costello Marine Contracting Corp. 423 5th Street, PO Box 2124, Greenport,NY 11944 (631)477-1199 Phone (631)477-0005 Fax 2 Client: Downs Creek, LLC Location: 10230 New Suffolk Avenue, Cutchogue, NY 11935 Date: 6/19/14, 5/11/16 Photo 5: Taken from Google Earth, showing Downs Creek Inlet in 2014. Aam tGoogle Photo 6: Taken from Google Earth, showing Downs Creek Inlet in 2016. 1 '... 'I IMF }t .. 14 WIAZ i Prepared by: Costello Marine Contracting Corp. 423 5th Street, PO Box 2124,Greenport,NY 11944 (631)477-1199 Phone (631)477.0005 Fax 3 Client: Downs Creek, LLC Location: 10230 New Suffolk Avenue, Cutchogue,NY 11935 Date: 7/16/23, 6/11/24 Photo 7: Taken from Google Earth, showing Downs Creek Inlet in 2023. tr „ • Photo 8: Taken from drone facing north, showing Downs Creek Inlet in 2024. f 1� m _ F Prepared by: Costello Marine Contracting Corp. 423 5th Street, PO Box 2124,Greenport,NY 11944 (631)477-1199 Phone (631)477.0005 Fax 4 Client: Downs Creek, LLC Location: 10230 New Suffolk Avenue, Cutchogue, NY 11935 Date: 6/11/24 Photo 9: Taken from drone facing southwest, showing adjacent structures. +t4�; 4 — !is m _ r r t ti ,,. Photo 10: Taken from drone facing southeast, showing adjacent stricmcrc s. .1 fix. J i r.. Prepared by: Costello Marine Contracting Corp. 423 5th Street, PO Box 2124, Greenport,NY 11944 (631)477-1199 Phone (631)477-0005 Fax 5