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Home My WebLink About1000-78.-5-4 KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAIliNG ADDRESS: P.O. Box 1179 Southold, NY 11971 j r. 4 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair OFFICE WCATION: Town Hall Aonex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town of South old Board of Trustees From: Mark Terry, Senior Environmental Planner L WRP Coordinator Date: February 8, 2006 Re: Request for Wetland Permit for Robert Spitzenberg SCTM#78-5-4 ROBERT SPITZENBERG requests a Wetland Permit to reconstruct in place 107' of timber bulkheading utilizing vinyl sheathing and to dredge the 10'X lOT area immediately seaward of the bulkhead to -4' AL W. The resultant spoil, 30 cy. of sand shall be used to backfill the reconstructed bulkhead. Located: 375 Elizabeth Lane, Southold. SCTM#78-5-4 The reconstruction of the bulkhead, in-kind, is an exempt Minor Action and not subject to L WRP review pursuant to Chapter 95 of the Town of Southold Town Code. This review will address the backfilling of the bulkhead with 30 c. y. fill and the dredging of the 10' x 107' area. Please be advised that the proposed action is located adjacent to Corey Creek, a listed New York State Critical Environmental area and Significant Coastal Fish and Wildlife Habitat Area and Critical Environmental Area. The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (L WRP) 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 generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the L WRP provided the following best management practice is applied; 1. To further the intent of the L WRP and the policies. assess the proiect area for the use of a floatin!!: turbidity screen silt/boom durin!!: re-construction and dred!!:in!!: activities of the structure to minimize turbiditv in the water column. f, Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. 'fown of Southold LWRP CONSISTENCY ASSESSMENT FORM A -:y ,~-\- - (;"I'~ ,','" -- -- "(-\-\" , ' , , w.. c.",, _ \ A. INSTRUCTIONS ......1 I. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of South old Watemont 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 Watemont 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 L WRP policy standards and conditions contained in the consistency review law. Thus. each answer must be explained in detail. Iistinl! both supportinl! and non- supportinl! facts. If an action cannot be certified as consistent with the L WRP policy standards and conditions, it shall not be undertaken. A copy of the L WRP 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. ' B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# O+~ 5' -'-I JAN 2 0 2006 PROJECT NAME p~~O- hu~.on.-l. .re l'J)~%-u.c:f.M nth c\ e\of'O ~r ~ The Application has been submitted to (check appropriate response): Town Board D Planning Board D Building Dept. D Board of Trustees 5Z1 I. Category of Town of South old agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) D D (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: [)g. Nature and extent of action: 'fl<>up S-ee r1 fltAv/v,rl 'Location of action: '3 -=IS Eli kl ba-..fh LOvJe" ~OI.t..Jho IA- I Site acreage: ;;}. t, (n eo. \; i - Present land use: 8,~ lp_ .f'aM:\~ dwell,"J Present zoning classification: 12-? 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: 120hor4-- ~t+;2f,^Ju rj (b) Mailing address: 341.{ ~f""'1 Cour-!- ~O~\6-.1 tJ'-l~ \tq,-:J..\ (c) Telephone nwnber: Area Code ( ) (1A1/- -=10~ - 't'DQ.-'f (d) Applicationnwnber, ifany: vi" k.r1DWV\ Will the action be directly undertaken, require funding, or ~y a state or federal agency? Yes 00 No D If yes, which state or federal agency? N, 'I. c..1),~(. ) AJ....,. <;"1)0,(, F/ v(,S.:Do,\.\, C. Evaluate the project to the following policies by aualyzing 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 L WRP Section III - Policies; Page 2 for evaluation criteria. DYes D 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 D Yes ~ No ~ Not Applicable 11- 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 DYes D No [3 Not Applicable 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 Ei1 Yes D No ~otAPPlicable 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 D No DNotAPPlicable 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 thgh 32 ~ eva~tion criteria. 'Ves No Not Applicable 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. o Ves 0 No ~ 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. rives 0 No 0 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 L WRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~ o VeD No D9 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 L WRP Section 111- Policies; Pages 47 through 56 for evaluation criteria. [j Yes 0 No 0 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 L WRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~ Yes 0 No 0 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. DYes 0 No [S('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. DYes 0 No 0 Not Applicable PREPARED BY GtenC"'\ E -:::JlL~ TITLE ~cU'\. +- DATE~ j.M.O. Environmental Consulting Services Applicant: Robert Spitzenberg Location: 375 Elizabeth Lane, Southold S.C. T.M.No. 1000-078-5-4 The project consists of the applicant's request to reconstruct in place 107' of timber bulkheading, utilizing vinyl sheathing, and to dredge the 10' x 107' area immediately seaward of the bulkhead to -4' ALW and to use the resultant spoil, approximately 30 c.y. Of sand, to backfill the reconstructed bulkhead. Any excess spoil would be trucked to an upland site for disposal. The project is located on an un-named man made canal located off of Corey Creek and according to the survey submitted with the application the existing bottom of the canal is privately owned. As part of my review of the Town's LWRP Consistency Form Section C, I offer the following comments regarding the Developed Coast Policy: Policy 1. I do not feel that this policy is applicable to this project because the project will not result in a negative impact upon the desired development pattern of the Town of Southold nor shall it result in the loss of the community and landscape pattern of the Town of South old. Policy 2. I do not feel that the project as proposed shall have any impacts upon the preservation and retention of historic resources, or any archeological resources nor the Coastal Culture of the long Island Sound. The reason for this is that the project site has previously been "disturbed" and developed. The property itself was previously disturbed when the existing single family dwelling, sanitary system and driveway were constructed and also when the man made canal adjacent to the site was excavated and the existing bulkhead was constructed. Policy 3. I do not feel that this policy is applicable to the project since the project will not have an impact on any scenic resource of the Town of Phone (631) 653-0607 · Fax (631) 653-3348 121 Jessup Ave. 2nd Floor. P.O. Box 447 Quogue, New York 11959-0447 Southold, the New York State Department of Environmental Conservation, the New York State Department of State Coastal Management Program and the Army Corps of Engineers and to not have any impact on existing wetlands. The project should have no impact whatsoever upon any vulnerable fish, wildlife, plant species or rare ecological communities. Policy 7. I do not feel that this policy is applicable to this project since the project does not involve any atmospheric deposition of pollutants. Policy 8. I believe that the project is consistent with this policy. The project shall involve the disposal of solid waste, the old bulkheading, which shall be removed from the project site as part of the project. There are no hazardous waste or toxic pollutants involved with the project. Policy 9. I do not feel that this policy is applicable to this project. The proposed project shall have no impact upon adequate physical public access to coastal resources, shall not impact any public visual access to any lands or waters, involve the public interest in and use oflands and waters held in public trust or to public access of such areas. Policy 10. I feel that the project is consistent with this policy. The project shall have no impacts upon any existing water-dependent uses of the site nor is the project located on Mattituck CreeklInlet, Mill Creek or within the Village of Greenport and does not involve water-dependent uses at those sites. Policy 11. I feel that the project is consistent with this policy. The project does not involve aquaculture or the removal of shellfish from uncertified waters of the Town of Southold nor shall it have a negative impact upon the long-term maintenance and health ofliving resources. A licensed commercial fisherman who utilizes the site to access the Peconic Bay system via Corey Creek owns the property. Policy 12. I do not feel that this policy is applicable to the project because no agricultural lands are involved. Policy 13. I do not feel that this policy is applicable to the project since the project does not involve energy or mineral resources. SFD icant: Robert Spitzenberg ose: Bulkhead Reconstruction cation: 375 Elizabeth Lane atum: Apparent Low Water S.C.T.M.No. 1000-018-5-4 Locus: 1'1' 25' 41 "or ,,' ^ \!I L\ \)h'; Applicant proposes to reconstruct in place 101' of timber bulkheading utilizing vinyl sheathing and to dredge the 10' x 107' area immediately seaward of the bulkhead to --4- AL W. The r~sultant spoil, :30 c.y. of sand shall be used to backfill the 0""'- reconstructed bulkhead. 1 ~I [\;vJ ~ ~ cr ::> t- V) o ... ::f IT Ll. o t- :r J G'"\ . < z.. '"" -< 11 --A HW...l ' -ALWO , 10'X 101 A~A TO S[;: DREDGE D 10' ExJ3QTT ON Depths, AHW & Atw located by G Just 1015 HRS on 4JAN'OCi Low Tide . 4 J~t\.ro Sheet 2 of. 2 JMO ENVIR TAL CONSULTING QUOGUE, N.Y. SCAL(; 1~4' - ~ t""'O"tJ o'<cr ~ ~l ..-.l........ s: fii .~V. Cl> .... - o - Vl?lo ~ ~. ~~ =' - ~l o 0'1 SrD ~ Z TJ 11 )> Y r Cl ::0 .~ JAN 1 3 2006 UJ 1[TI f"7. >< o ~ ~ . r( ~ ",,\ ~\., ~ ~ V'e,y'0')<1' ~S ~ iI'0. t v\\\) Applicant: Robert Spitzenberg. I' Purpose: Bulkhead Reconstruction: Location: 3~5 Elizabeth Lane ! Datum: Apparent Low Water S.C.T.M.No.1000-078-5-4 ,.J:) /01 Locus:1k 25 41 02 AREA 10 EE DRED~D rQ-4" ALW Applicant proposes to reconstruct in place 107' of timber bulkheading utilizing vinyl sheGthing and to dredge the 10' x 107' area immediately seaward of the bulkhead to -4' ALW. The resultant spoil,;30 c.y. of sand shall be used to backfill the reconstructed bulkhead. At an un-named canal off of Corey Creek, Southold, Town of Southold, Suffolk County, New York. SCALE 1~40' Sheet I Of.2 o ENVIRONMENTAL CONSULTING QUOGUE, N.Y. ,.... -.s "- "- ,. ( / ~ o~ -f!;. 40' 00 f/" I ~ \ \ \ \'!: ~- \ \ \ 'I ~-_\- ;,~ --- \ ~. Jll ~ ~ "-Y ~-4L.....:..:. _____ --'- 7,.2' .(I.. ..-............ ~ -:--"- - - ... . .' "~," <I .. . . . A 4"", ..:..~. 1 .-."-.",,y ., ;..4 .. . . . x.ll.2 x..1.J...5 r:? ('S '9 'S. 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