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Home My WebLink About1000-35.-6-27 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: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM Date: Re: James King, President Town of Southold Board of Trustees Mark Terry, Principal Planner LWRP Coordinator February 22, 2008 Proposed Wetland Permit for George Garbe SCTM#1000-35-6-27 GEORGE GARBE requests a Wetland Permit to construct 117' of new bulkhead and 16' south return immediately in front of existing bulkhead using vinyl sheathing, and provide a 10' non- turf buffer zone behind the bulkhead. Located: 685 Osprey Nest Rd., Greenport. SCTM# 35-6-27 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 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 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. Section (Bi) item (a). 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 ora silt boom (where feasible) pursuant to § 275-11. (2) Construction and operation standards below. 2) Erosion control. Installation of an erosion control structure is necessary during any building, grading, landscaping or site work activity within Trusteejuriscliction. This structure may include, but is not limited to, installation ora 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 ora silt boom that will retain all suspended 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 fresh~vater 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 fi~nctions. Please require that the applicant amend the application to meet the above policies to the greatest extent possible. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. '~bwn of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicams for permits* including Town of Southold agencies, shall complete proposed actions that are subject to the Town of Southold Waterfront Consistency Revi¢x~ assessment is intended to supplement other information used by a Town of Southoki malting a determination of consistency. *Except minor exempt actions inchMmg rind other ministerial permits not located within the Coastal Erosion Hazard Before answering the questions in Section C, the preparer o£ this form silo ..Ii._ ~.~ :: minor action list, policies and explanations of each policy contained hi thc of 5~,u'tx ~!.~ ! ,.~: ..... Water4r~-m..~R,~4a zation Program A proposed action w be ev as to ~t- <~ b~ :~,~..~. .... ~.,~ . _ _ alu eneficml and :.a:~erse effects upon the coastal area (which includes all lox,. ~; ~ __/~:anT~qUestion ~h Section C on this form is answered "yes", then th roposed action ma', t::t... · achieve~nent bffthe LWRP policy standards and conditions contai in the con? stenc~ lc,. :,., ~:i' ~ tl[e aCiion should be analyzed in more detail and if n ~ mod fled ~ o < standards an]t conditions. If an action cannot be certi consistent with thc i_\VRi~ i,,.` si;a}~d~s anc] conditions, it shall not be undertaken. A co_py o f the&.~WRP is available in the following "'2' ~S('son-~:l-~rthfork.net), the Board of Trustees libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTI( online at the Town ofSoulbold% ,,..q, :~ the Planang Department, ~dl h,,::! SCT 'I, 35 O The Application has been submitted to (check Town Board Planning ~t. [] I Category of Town of Southol{ (a) Action undertaken construction, planning (b) FLnancial assistance (e.g. Building ] action ' Town ck appropriate response): ;ncy (e.g. capital regulation, land transaction) subsidy) Board of Trustees~ (c) Permit, approval, license, certification: · atu. re a~.d extent o£act~on: llq' neu3 bdkkeM Site acreage.~ 2. ~ ~ apphcation for ~e nr~-~ ~:L:~LLT v ':. 4' ~ - info~ation s~ .... ~ ~gy**u ~uun .n~ oeen filed wiD ~e To nm~ oepmmdeo: , ~ ~, ~ of Southold agency he follox~ing (c) Telephone n~b¢ ~ ', 6 / (d) Appli b iffy'. ""' ''h cat~n nm er, : Will the action be directly ' . Yes ~No ~ ~*~g, or approv~ by a state or federal agency? D~ELOPED COAST POLICY Policy 1, Foster a pattern ofd~v~lopm~t i~ th~ Io~n otSouthold that enhances community character, prese~es open spaee~ make~ efficlen~ u*e of Infrastructure, make~ beneficial use 0f a coastal location, a~d minimizes adverse effects of ~evelop~e~t' See LW~ Section III -Policies; Page 2 for evaluation criteria, Yes ~ No ~ Not Applicable:;: 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 ~J No ~NotApplicahl~ ~~, Aitach additional sheeB ffnecessary ..... 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 N -- NotApplica_ble_~ ~ A~tach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Mini .m. lz.e loss of life, structures~, and natural resources from flooding and erosion, See LWRP Section III - Pohcles PagesrS.throughq:6~f~?~e¥~luatiOn.:cri'te?ia: :.'....: .~ Not Appli% ~ ~~ Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section Ill '7. Policies pages 16 thrgugh 21 f~r. eyaluatlon ~criteria 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 LWR.P Section III - Policies: Pages 22 through 32 for evaluation criteria ~Yes ~-~ No[~ Not Applicable.,,,: ~, x,, Attach additional shcets if neq~ssar Policy 7. Protect and improve air'qualitY i~ th'e T~wu of So'uthoid. See LWRP Section Ill - Policies Pages 32 through 34 for evaluation criteria, [~ Yes ~ No ~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation !Il TOWn of Southold from solid waste and hazardous substances and wastes. See LWRP section III- Policies; Pages 34 through 38 for evaluation criteria. 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 [~J Not Applicabt~ __ a .,. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, ,the Peconic ]Estuar~ and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~ Yes [] No [] Not Applie, ahle_[..~ At~ach additional sheets if necessary Policy. 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 02 through 65 for evaluation criteria. Yes [] 1No~ Not Applicabt~-~ Anach 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 Applie~ Created on 5/25/05 I i :20 AM · D~te: To: Proposal: December 3, 2007 Southold Town Trustees and Mark Terry Construct 117' of new bulkhead and 16' south return immediately in front of existing bulkhead using vinyl sheathing, Provide 10' non turf buffer zone behind bulkhead, DEVELOPED COAST POL/C/ES Policy I Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes eff'~ient uso of infrastructure, makes beneficial uso 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 histodc 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 POL/CIES Policy 4 Minimize 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. PUBLZC COAST POI TCTES Policy 9 Provide for public access to, and recreational uso 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 George Garbe WORK]lNG COAST POL/C[ES 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 Protect 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. STIR LIN G EAST MARION NPORT CL~e~ P~ PIPES COVE Southhold Town Board of Trustees~ I V