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Home My WebLink About1000-47.-2-31 (2) OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To~ Janes King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: January 7, 2008 Re: Proposed Wetland Permit for MICHAEL BEHRINGER & VESHA KUMAR SCTM#47-2-31 MICHAEL BEHRINGER & VESHA KUMAR request a Wetland Permit to reconstruct 100 lf. of existing bulkhead xvithin 18" using C-Loc vinyl sheathing, and install two (2) new 12' returns. Located: 1755 Shore Dr., Greenport. SCTM#47-2-31 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 generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that the bulkhead is replaced in place as per the following policy: Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. A. Comfl): with statutolT and regulaloiT requirements of the Southold Town Board of Trustees laws and regulations for all Andros Pate~t and other lands ~mder their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed action does not comply with § 275-11. Construction and operation standards. Sectioa (Bi) item (a). "(1) Bulkheads, retaining walls, revetments and gabions. (a) Only in-place replacement of existing functional bulkheads (as defined in § 275- 2) is pemfitted. In-kind replacement relates to the position and dimensions and does not necessarily require or allow for the use of the same materials. At its discretion, the Board may allow for a one-time projection of the replacement structure seaward of the original, only if such placement will not project the proposed structure seaward of adjacent, neighboring structures and if the proposed installation is in close proximity to the original structure. Any subsequent repair or replacement following the first replacement requires the structure to be built on or landward of the original structure." The proposed action will project further seaward of the existing wood bulkheads to the west and east of the property. Please require that the applicant amend the application to meet the above policy to the greatest extent possible. If the action is approved the following best management practices (BMP's) are recommended: 1. Require a minimum 20' non-turf buffer landward of the bulkhead. The BMP will further Policies 5, Protect and improve water quality in the Town of Southold and 6.3 Protect and restore tidal and freshwater wetlands, item D (below). D. Provide adequate buffers between wetlands and adjacent or nearby uses and activities in order to ensure protection of the wetland's character, quality, values, and functions Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in prepanng its written determination regarding the consistency of the proposed action. 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 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", 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- reconstruction of eadst[ng dock, ~cw ramp and flu~t ~3ttkKk'll)aC SCTM#1000- 47-2-31 The Application has been submitted to (check appropriate response): Town Board Zoning Board __ Planning Dept. Building Dept. Board of Trustees ~X Category of Town of Southold agency action (check appropriate response): '(a) (b) (c) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) __ Financial assistance (e.g. grant, loan, subsidy) __ Permit, approval, license, certification: Nature and extent of action: Reconstruct of existing bulkhead Location of action: Shore Drive, Greenport Site acreage: .25 acres. Present land use: residential Present zoning classification: R-40 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: Michael Behringer & Vesha Kumar (b) Mailing address: Shore Drive, Greenport (c) Telephone number: Area Code (631) 765-4330 (Pat Moore) (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: DEC, Dept of State and Army Corp.- bulkhead built prior to 1962 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 dverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes No Not Applicable Reconstruction of existing structure with C-lock vinyl. 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 Existing developed site- fully developed area. Attach 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 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 existing bulkhead will be reconstructed. Structure constructed prior to 1962 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 The replacement of the existing bulkhead will be an improvement to the water quality. Ail construction will meet current stricter standards then the existing structure. 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 The replacement of the existing bulkhead will place conditions on construction which mitigate impacts. 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. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes 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. Yes No Not Applicable Property previously developed with a bulkhead. 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 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 property is a waterfront parcel with a single family dwelling. Reconstruction of existing bulkhead is requested. 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 Construction of new bulkhead will be done with current environmental regulations. 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 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 Plan 'View Prepared: 09-27-07 Amended: 10-03-07 'Amended: 10-10-07 Amended: 10-20-07 Applicant: Michael Behringer SCT# 1000-47-2-31 Town: Southold Suffolk County, NY Datum: Low Water I 1" = 30' I NOV 3 0 2007 Sot.,thold Town Board of ]rustees -2.2 -2.5 3 EA LEVEL MAPPING 631-722-,3,390 PO Box # 366 Aquebogue NY 11931 ROBERT H, FOX NYS PLS# 50197 use ~ ~155 15" C-Loc (,2) new 2' returns -2.4 ............... Proposed ....... Seasonal Ramp 32" x 20' & Float 6' x 20' .... -~:o ............................ ~o ........... ?i~es cove -3.1 Section men ¢ golvonlz~d tie rods ne~ bulkheod exlst:lncj (2) nero 12' returns ..... ~t,,'-'- (~3),~ dia. I IPI ~ Lonchor pipes ~ ~ (-3) exist. t~construc~ b~ct:m. Dock ~ B' x 52' (B' o~. 12" diD. blkcL plies 6' o. c,