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Home My WebLink About1000-35.-6-26 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1936 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM From: To: James King, President Town of Southold Board ofTrustee2 ~/' Mark Terry, ~rilwlCiRppa~oP~rmdTne~or'X~N~ Date: February 25, 2008 Re: Proposed Wetland Permit for KINGS & ALPHAS, LLC C/O RICHARD ISRAEL SCTM#1000- 35-6-26 KINGS & ALPHAS, LLC C/O RICHARD ISRAEL requests a Wetland Permit to remove existing wood walkway to allow construction of 136' of new bulkhead immediately in front of existing bulkhead using vinyl sheathing. Replace wood ;valk inkind/inplace, and provide 10' non-turf buffer zone behind bulkhead. Located: 745 Osprey Nest Rd., Greenport. SCTM#35-6- 26 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 Fonn submitted to this department, as xvell as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the 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. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction Comply ;vith Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed action does not comply with § 275-11. Construction and operation standards. Section (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 permitted. 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 proiect further seaward of the existing wood bulkheads to the west and east of the property. In the event that that the action is approved, it is recommended that the following BMP's be required to further the below policies: Policy 5. Protect and improve water quality and supply in the Town of Southold. 1. Minimize the use of chromated copper arsenate (CCA) treated wood in the construction of the structure pursuant to § 275-11. B,1 (f) Construction and operation standards below. 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 in sheathing and decking. 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. 2. Require the installation cfa silt boom (where feasible) pursuant to § 275-11. (2) Construction and operation standards belosv. 2) Erosion control. Installation of an erosion control structure is necessary during any building, grading, landscaping or site work activity within Trustee jurisdiction. This structure may include, but is not limited to, installation cfa silt fence, hay bales, wood chip berm and silt booms. The placement of the erosion control structure(s) shall be determined by the Trustees or their designee. All intertidal construction and excavation requires the installation cfa silt boom that will retain all suspencted sediments within the immediate project area. In addition to also 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). It is recommended that the buffer be increased to a minimum of 20 feet. The buffer should be pervious. 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. Please require that the applicant amend the application to meet the above policies to the ~reatest extent possible. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written detemfination regarding the consistency of the proposed action. ~*'vn of Southold A. INSTRUCTIONS Al1 applicants for permits* including Town of Southold agencies, shall complete proposed actions that are subject to the Town of Southold Waterfront Consistency Rcv~cxx assessment is intended to supplement other information used by a Town of Suuthold making a determination of consistency. *Except minor exempt actions inc&dmg ~ttd other ministered/permits not located w~thin the Coastal Erosion ,Hazard Area. / 2 Before answenng the questions in Section C, the preparer of t~s form should ~'c~.~ ndnor action list, policies ~d expirations of each policy confined m the ]'o;~n cl Waterfront Revitalization Progam. A proposed action ~11 be evaluated as tc ~ b~c.~a?and, a~verse effects upon the co~tal area (wNch ~cludes al of Sot o d "ox ........ ~ ...... tf any.qu~on~ Secnon C on t~s fo~ is ~swered "~s'L then the Dronosed a ,~ . ' - ac~4v~en~ of the L~ policy st~d~ds ~d con~ons contained ~n the cone's e .... ~.he action should be ~al~ed in more deta~d, if necessa~, modified p :rn ~ o~ati0n that it is consistent to the m~m extent practicable with the · uu -, ~da~ds 'a~d conditions. If ~ action c~o~be certified as coosisten with thc i_WI stanCes anp conditions, it shall not be unden~en. ................... &~e L~ is available in the fol~wMg places: o~i~ at the To,vn o f Southvtd.... ~.. ~ (southoldtown.~o~hfork.net) the Board ~Tmstees Office,_t~ Pl~n~ De,,an ~ e "~,--J27T-Z,'TiW_ 7-{~'~'r'~e~:tff~ Town Clerk's office. / ............ ~ ~ B, DESC~PTION OF SITE ~D PROPOSED ACTION / The Application has been submitted to (chec~appropdate response: n Catego~ of Town o~outhold agenc/action (check appropriate response): (a) Action upde~n directly p[ Town agency (e.g. capital constmcti~,.Pl~ng actiT( agency re~lation, l~d ~saction) th) Finm~ciaI ~sist~ce~t2 loan, subsidy) (c) Permit, approval, license, certification: Location or action: Site acreage: Present landuse: ,"Sterile. Present zoning clmssificatioii: 2. If an application for the propOSed action h~ been filed With the Town of Southold agenc3, e £ollowina information shall be provided:,, - .,,..: ~h (a) Name ofapplicant: ~t~0% *'./~lo['t0.%. l[ f. (5/O/~'C[/blJfd Icrae [ ' i!qb/ - <c) Telephone number: Area Co'cie' (. [) 10~31. -7)-/- ~'~a (d) Application number, ifaay: ...... Will the action be directly/mdertaken, r~:lutr, filnoint, or approval by a state or federal agency? Yes~No[-"~ Ifyes,.whJchstat, orfedoralagency? N'~?-fl ~'~'~cs-f', A<~-~ 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 oflufrastrueture~ makes beneficial use of a coastal location, ,'md minimizes adverse effects of development. See LWRP Section III - Policies; Page2 for evaluation criteria. ~kYes [~J No [--J Not Applicable , Attach additional sheets if necessary ~ Polic, y 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 , Ai~ach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LW3R. P Section IH - Policies Pages 6 through 7 for evaluation criteria Yes ~ NO ~ Not Applicable ,:.: ..... : Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimiz. e loss of life, structur~s~, and natural resources from flooding and erosion. See LWRP Section III - Poltcles Pages,8.,through:16f~'~,~lUatiOn,:crl~te~la: ,,. ::. , , Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III '7 Policies pages 16 through 21 for. evaluation.criteria . .. . [~ Yes[-~No"~No - :., I. .... , t 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 II/- Policies: Pages 22 through 32 for evaluation criteria. Attach ad~tional sheets if n~qe~sary . ~ ?~ Policy ?. Protect and improve air quality In the Town of southold. See LWRP Section III - ?olicies Pages 32 through 34 for evaluation criteria. [~ Yes ~] No'~ Not Applicable Anach additional sheets if necessary Policy 8. Minimize environmental degradltl0n !t~ TOwn of Southold from solid waste and hazardous substances and wastes. See LWRP Seetl0a III ~ PoliCies; Pages 34 through 38 for evaluation criteria. [] Yes [] No~J. NotApplteable 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 ocat/ons See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria, ~ Yes ~ NO [] Not applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, ~he Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes [] No Not App,ieable 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 Anach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes {--] No ~]~ Not Applicable Created od 5/25/05 i ].'20 AM To: Proposal: December 3, 2007 Southold Town Trustees and Mark Terry Construct 136' of new bulkhead and ~.6' south return immediately in front of existing bulkhead using vinyl sheathing, Provide 10' non turf buffer zone behind bulkhead, DEVELOPED COAST POLZCIES 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. The existing bulkhead on this property is beginning to fail. We are proposing to build a new bulkhead immediately in front of the existing bulkhead to ensure that the creosote used on the existing sheathing does not leach into the water. Policy 2 Preserve historic resources of the Town of Southold. This property has no significant historic resources. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. The bulkhead at this location exists, The present condition of this bulkhead is becoming unstable threatening the integrity of the upland property. A new bulkhead is just an attempt of the upland property owner to maintain his property. There is an existing bulkhead and the surrounding area is bulkheaded so the visual quality and scenic resources will remain the same. NATURAL COAST POI.ZCIES Policy 4 Hinimize loss of life, structures, and natural resources from flooding and erosion. The existing bulkhead is needed to protect the upland property. The new bulkhead will not increase flooding or erosion in this area. Policy 5 Protect and improve water quality and supply in the Town of Southold. This proposal will not have any impact on the water quality and supply of the Town of Southold. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosystem. This proposal will not have any impact on the Town of Southold's ecosystem, Policy 7 Protect and improve air quality in the Town of Southold. This proposal will not have any impact on the air quality of the Town of Southold. Policy 8 Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. This proposal will not degrade the environment with solid waste or hazardous substances, PUBI TC COAST POLTCIES Policy 9 Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. Our proposal will not limit public access to the coastal waters or public resources of the Town of Southold. There is a bulkhead presently existing and we are proposing to construct a new bulkhead immediately in front of the existing bulkhead. The new bulkhead's sheathing will be 10" face to face with the old sheathing. page 2 of 2 LWRP for Kings & Alphas, LLC WORKING COAST POI.~CZES Policy 10 Protect the Town of Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. Our proposal is to reconstruct a failing bulkhead. The present condition of the bulkhead is poor and unsafe. This property is used by the upland property owners to engage in water dependent activities such as fishing, swimming and boating. These activities will continue at this site. Policy 11 Promote sustainable use of living marine resources in the Town of Southold. During the initial construction there will be minimal disturbance to there area landward of the bulkhead, Our proposal includes a 10' non turf buffer behind the bulkhead after construction. Policy 12 Prol~t agricultural lands in the Town of Southold. This proposal has no impact on the agricultural lands in the Town of Southold. Policy 13 Promote appropriate use and development of energy and mineral resources. This proposal has no influence on the development of energy and mineral resources. STIRLING AST MARION ' PIPES C[eve~ ~ COVE NPORT Op. '~z.~' r,,'/¢/~,J/-t' 7" A4,4~=) L Board of Trustees I I I