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Home My WebLink About1000-81.-1-16.7PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 ro~ James King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: January 23, 2007 Re~ Proposed Wetland Permit for Mary S. Zupa SCTM#1000-81-1-16.7 MARY ZUPA requests a Wetland Permit to maintenance dredge approx. 190 cy. of shoaled material from the mouth of the canal at Paradise Point to maintain -4' MLW at max. of 1:2 slope. The dredge activity is proposed to be conducted by barge crane with clamshell bucket. Place +/-50 cy. of dredged materials along +/-100' of shoreline (+MHW) of property owned by Mary Zupa. Dredge material to be used for beach re-nourishment. On-site containment of excess dredge material on a temporary drying site on the upland portion of the subject property. Located: 580 Basin Rd., Southold. SCTM# 1000-81-1-16.7 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 proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided the following best management practice is required to further Sub-policy 5.3 Protect and enhance quality of coastal waters. 1. Where water depth permits, during dredging operations a silt boom and or turbidity screen shall be deployed north and south of the area during dredging operations. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Dredging. Town of Southold PC/Codebook for Windows (a) Creeks. [1] Maintenance dredging (as defined in § 275-2) only is permitted, unless the applicant owns underwater land or the applicant is requesting permission to dredge in connection with installation of low-sill bulkheads. [2] Dredging may be permitted when it can be demonstrated that the actions of man have resulted in impairment to water quality or habitat value. [3] Dredging in, or in close proximity to salt marsh vegetation (Distichlis spicata, Spartina altemiflora or Spartina patens) or seagrass (Ruppia maritia or Zostera marina) meadows is prohibited. (b) Freshwater wetlands. Dredging of freshwater ponds may be permitted when it can be demonstrated that such action will restore the water body to an historic condition, improve water quality or habitat value. Re: Mary S. Zupa 580 Basin Road, Southold SCTM # 1000-81-1-16.7 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM 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 Permit and other ministerial perrnits 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", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. 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 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#-1000-81-1-16.7 The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. Board of Trustees (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit~ approval, license, certification: Nature and extent of action: 1. Category of Town of Southold agency action (check-avproonat ,,'v r). , · .... ~ (e.g. c{apital-construction, plannina ' ' I, (a) Action undertaken directlx bx Town agency ~ ~ _ ['~'~ activity, agency regulation, land transaction) '-:' [: ~ ~ ~ 7 : U~ DEC 29 2006 1. Maintenance dredging of approximately ~ ~o,~ yalU* UI ~llUal~U j material from the mouth of the Canal at Pamdm~.~am~n,~.-~ MLW at a maximum of ~ :2 slopo, lbo dr~]o activity is proposed to bo conductod by barge crane with clamshell bucket. Placement of Re: Mary S. Zupa 580 Basin Road, Southold SCTM # 1000-81-1-167 +_50 cu.yd, dredged materials along +_100 feet of shoreline (+MHW) of property owned by Mary Zupa. Dredge material to be used for beach re-nourishment. 2. On-site containment of excess dredge material on a temporary drying site on the upland portion of the subject property. Locationofaction: 580 BASIN ROAD, SOUTHOLD Site acreage: 1.7 A Present land use: VACANT RESIDENTIAL LOT Present zoning classification: R-80 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: MARY S. ZUPA (b) Mailing address 4565 PARADISE POINT ROAD, SOUTHOLD, NY 11971 (c) Telephone number: 631-765-6112 (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'? NYSDEC, US ACE 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. Sec LWRP Section III - Policies; Page 2 for evaluation criteria. Yes No Not Applicable Sub/oct site is located in a developed area. Proposed activity is maintenance dredqing only Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section II1 - Policies Pages 3 through 6 for evaluation criteria Yes No Not Applicable The proposed pro/eat is not located near any historic sites or districts. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section Ill - Policies Pages 6 through 7 for evaluation criteria Yes No Not Applicable Proposed activity is maintenance dredqing only. Policy 3 has no relevance to the proposed action. Re: Mary S. Zupa 580 Basin Road, Southold SCTM # 1000-81-1-16.7 NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section II1 - Policies Pages 8 through 16 for evaluation criteria Yes No Not Applicable Proposed activity is maintenance dred,qing only. Policy 5 has no relevance to the proposed action. Policy 5. Protect and improve water quality and supply in the Town of Southoid. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes No Not Applicable Proposed activity is maintenance dred,qing only. Policy 5 has no relevance to the proposed action. 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 Maintenance dredging is proposed because the mouth of the Canal into the Basin at Paradise Point is severely shoaled and effectively non-navigable. The purpose of the dredging operation is to maintain a channel depth of -4' MLW to provide for navigational safety and to prevent disturbance of the bottom by boat traffic. NYSDEC supports use of dredge material for beach re-nourishment because existing jetty has caused diminution of beach to the east and placement of dredged material as proposed will serve to return natural, indigenous material back into the system from which it was originated. 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 Proposed activity is maintenance dredqing only. Policy 7 has no relevance to the proposed action. 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 Proposed activity is maintenance dredging only. Policy 8 has no relevance to the proposed action. Re: Mary S. Zupa 580 Basin Road, Southold SCTM # 1000-81-1-16 7 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 Maintenance dredging is proposed because the mouth of the Canal into the Basin at Paradise Point is severely shoaled and effectively non-navigable. The purpose of the dredging operation is to maintain a channel depth of -4' MLW to provide for navigational safety and to prevent disturbance of the bottom by boat traffic. NYSDEC supports use of dredge material for beach re-nourishment because existing jetty has caused diminution of beach to the east and placement of dredged material as proposed will sen/e to return natural, indigenous material back into the system from which it was originated. It should also be noted that the Basin is Trustees underwater land. 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 Proposed activity is maintenance dredging only. Policy 8 has no relevance to the proposed action. 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 Proposed activity is maintenance dredqing only. Policy 11 has no relevance tn the proposed action. 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 Proposed activity is maintenance dredging only. Policy 12 has no relevance to the proposed action. 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 Proposed activity is maintenance dred.qing only. Policy 13 has no relevance tn the proposed action. I ~ ~ ~ .~. . . ~ I