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Home My WebLink About1000-111.-9-7 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAll ING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: James King, President Town of Southold Board of Trustees From: Mark Ten'y, Principal Pla~mer LWRP Coordinator Date: November 8, 2007 Re: Request for Wetland Perlnit for Daryl Malter SCTM# 111-9-7 DARYL MALTER requests a Wetland Permit to remove and replace 110' of existing CCA bulkhead, construct 4'X 80' stairs to beach, and install 100' cy. clean sand fill. Located: 4425 Nassau Point Rd., Cutchogue. SCTM#111-9-7 The proposed action repair of existing bulkhead has been reviewed to Chapter 268, Waterfi'ont 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 mc, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. ComFly with statutory and regulato0' requirements of the Southold To,vn Board of ?)'ttstees laws crud regulations for all Andros Pate~t a~d other la~& under their jurisdiction 1. Comply with Trustee regulations and reconnnendations as set forth in Trustee permit conditions. The proposed materials for the replacement of the existing bulkhead are prohibited pursuant to Chapter 275-11, Shoreline structures, Bulkheads, of the Southold Town Code: In order to prevent the release of metals and other contaminants into the wetlands and waters of Southold, the use of lumber treated with chromated copper arsenate (also known as 'CCA '), creosote, penta products or homemade wood preservatives is prohibited for use iu sheathing and decMng. Preservatives of any type, including but not limited to those listed above cannot be applied to any bulkheads, retaining walls or revetments after installation. Encapsulated pilings or native nonchemically treated (untreated) lumber only should be used in sensitive areas. The proposed access stairs have 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 generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that the following Best Management Practices are applied to further the policies: 1. No CCA treated lumber is used in the construction oftbe stairs. 2. A revegetation plan is provided for the blufffollowing construction to control erosion. 3. Existing vegetation on the bluffis protected during construction and the applicant limits the clearing of vegetation to the area necessary to construct the access stairway. Pursuant to Chapter 268 the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. MT/hkc Town o['Southold LWRP CONSISTENCY ASSESSMENT t ~1 1. All applicants for permits including Town of Southold age~'~ for proposed actions that are subject to the Town of Southold Watery 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. 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- supoorfin~ 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 places: online ,at ~: Town nf' website (southoldtown.northfork.net), the Board of Trustees Offil ?~la~lil~ l~e~r tl~ 1~ local libraries and the Town Clerk's office. B. ! OCT 2 SCTM# 10Oo - 111 - Oq '- 00'7 The Application has been submitted to (check appropriate response): TownBoard ~ Planning Board ~ Building Dept. [] BoardofTrustees ~ DESCRIPTION OF SITE AND PROPOSED ACTION Category of Town of S outhold 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: Location of action: Site acreage: Present land use: ~Q~-~ c., Present zoning classification: 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: ~)~x~. (c) Telephone namber: Area Code ( ) 5/7 , _~' - ~5~:~/ at~ qt'7 7(I (d) Application nmnber, if any:_ Will the action be dir/e~lY undertaken, require funding, or approval by a state or federal agency? Yes ~-] No4/~l If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide ali 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. 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 II Yes Ed No I ~' I Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southoid. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~-~ Yes [] No [~/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 Se~IIl - Policies Pages 8 through 16 for evaluation criteria ~ ~ Yes ~ No ~ Not Applicable Attach additional sheets if necessary Policy ~/Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - ~es Pages 16 through 21 for evaluation criteria ~ _Yes ~ No ~ Not Applicable . ~, 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. Y~s 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 ev,~aluation criteria. ~ Yes ~-~ No ~/Not Applicable I Attach additional sheets if necessary Policy 8. Minimize envi[onmental 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[-~l I 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 LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~/ YeJ~ No [] 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 S~yee locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. s ~ No [] 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 Ill - Policies; Pages 57 through 62 for evaluation criteria. [~/Yes ~ No [~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 t, firough 65 for evaluation criteria. ~Yes~ No ~Not Applicable ~,. ,::. 7, l ~ ~^ ~'.._._-.L.' - ~' ..... - Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies 65 through 68 for evaluation criteria. [] Yes ~ No~l ~ I Not Applicable PREPAREDBY TITLE L*(,e4 ~.~& DATE/0~of0~ PROPOSED REPLACEHENT CCA'BULKHEAD REI~IOVE EXISTING AND DISPOSE OFF SITE, REPLACE ZN SAllIE LOCATION (LENGTH l l O') N/F CARDINALE 4365 Nassau Po~t Rd Cutchogu~ NY J1935-2652 N 78'36'50"E Mr 26 N/F KUBEK 4465 Nassau Point Rd Cutchogue, IVY 11935-2652 SITE PLAN SCALE: 1"= 40' LOT 28 LIH~T OF BACKF~LL AND DISTURBANCE APPROX. ~00 YD. CLEAN SAND FROi~ UPLAND SOURCE INSTALLED BY TRACK EXCAVATOR -- LONG, W.rTrH (2) $CTM~ lO00-H1-Og-O07 SURVEYED BY STANLEY J. ISAKSEN, JR. P.O. BOX 294 NEll SUFFOLK. N.% 11956 631-734-5835 SCALE: 1"= 2000' LEGEND PHOTO PHOTO DIREC?ION *NOTE EQ UIPTMENT ACCESS VIA NASSAU POINT ROAD )ROPOSED STAIRS & BULKHEAD REPLACEMENT NASSAU POINT ROAD, CUTCHOGUE, NY 11935 OWNER: MICHAEL MALTER 4425 NASSAU POINT ROAD CUTCHOGUE, NY 11935 Allen Glenn Bernhard, P.E.P.C. 18 Aster Road, Rocky Polnf, NY 11778 (631) 805-2349 Fax: (631) 980-3836 P,E, 076761 SCALE: 1"= 10' CROSS-SECTION OF PROPOSED BULKHEAD PROPOSED STAIRS & BULKHEAD REPLACEMENT NASSAU POINT ROAD, CUTCHOGUE, NY 11935 OWNER: MICHAEL MALTER NASSAU POINT ROAD, CUTCHOGUE, NY 11935 Allen Glenn Bernhard, P.E.P.C. 18 Aster Road, Rocky Polnf, NY 11778 (631} 805-2349 Fax: (631) 980-3836 SH£ET ~' MAXL Nlen Olenn Bernhord, P,E. 076761 II II 3'6" MtN. --t CROSS-SECTION OF PROPOSED STAIRS SCALE: 1"= 10' U U