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Home My WebLink About1000-37.-4-18 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 James King, President To: Town of Southold Board of Trustees~/ From: Mark Terry, Principal Planner -,,~v,_~ LWRP Coordinator Date: February 27, 2008 Re~ Proposed Wetland Permit for GARDINER'S BAY ESTATES HOMEOWNER'S ASSOCIATION SCTM#37-4-18 Costello Marine Contracting Corp. on behalf of GARDINER'S BAY ESTATES HOMEOWNER'S ASSOCIATION requests a Wetland Permit to remove and replace 382' of existing bulkhead, walkway and catwalk dock sections. Relocate 166' section "A' and "B" 6' land,yard to provide straight alignment with existing adjacent bulkhead, walkway, dock structures at northwest end, and remaining 216' to be reconstructed in-place. Construct new lo~v- profile bulkhead below sections "D" and "E", provide 6' wide non-turf buffer area and re- vegetate with Cape American Beach Grass. Located: Gardiner's Bay Estates, East Marion. SCTM#37-4-18 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 the following recommendation is implemented: Policy 5. Protect and improve water quality and supply in the Town of Southold. The structures propose "treated lumber" with the treatment unspecified. It is recommended in the event that the actions is approved and to further the above policy that the Board prevent the use of chromated copper arsenate (CCA) treated wood in the construction of the structure pursuant to § 275-11. B,I (f) Construction and operation standards below. In order to prevent the release of metals and other contaminants into the wetlands and waters of $outhold, 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. Further it is recommended that the Board require the installation of a silt boom (where feasible) pursuant to § 275-11. (2) Construction and operation standards below. 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 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 of a silt boom that will retain all suspended sediments within the immediate project area. To further Policy 6.3, Protect and restore tidal and freshwater wetlands it is recommended that the Board require construction best management practices that: Minimize adverse impacts resulting from unavoidable fill, excavation, or other activities by: a. reducing scale or intensity of use in order to limit incursion into wetland areas. b. designing projects to result in the least degree of adverse wetland impacts. In addition is recommended that the Board require that any areas where a loss in Spartina Alterniflora occurs, the applicant restore the area through replanting of the species. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written deterrnination regarding the consistency of the proposed action. · 'Town of Southold INSTRUCTIONS LWRP CONSISTENCY ASSESSN[ENT FORM All applicants for permits* including Town or Southoid agencies, shall complete :his proposed actions that ~e subject to ~e Town of Southold Water~ont Consistency Review assessment is intended to supplement other info~ation used by a Town of Southold mahng a dete~mation of consistency. *Except minor exempt actionx including ~md other mim'sterial pe~ils not located within the Coastal Erosion ~azard 2 Before answering the questions in Section C, the preparer of this form should reviex~ d:u minor action list, policies and explanations of each policy contained in the Town ol' Suuthuki Waterfront Revitalization Program. A proposed' action will be evahlated as to its beneficial and adverse effects upon the coastal area (wh/ch includes all of$o~ thold I oxx u > If any question in Section C on tkis form is answered "yes", then the proposed act:on mtt~ achSevement of the LWRP policy standards and conditions contained in the consistenc~ :'ox tc..s Thus, the action should be analyzed in more detail and, if necessary, modified prior to determination that it is consistent to the maxirnurn extent practicable with the IWRP standards and conditions. If an action cannot be certified as consistent with the LWt{P pul:.) standards and conditions, it~shall not be undertake______gn. , .,Pr _ v llable in the following places: online at the Town of Soulholcl3~.~l~sl {sournotdtown.norlhrork.net), the Board orTmstees hbranes and the Town Clerk's office. { iT Sf;?~2 l; B. DESCRiPTION OF SITE AND PROPOSED ACTION i i F[:D ' 9tqclo [ i ili The Apphcatt0n has been submitted to (check appropriate response): L . ~ ..L=L..,~_iL[I Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, plann/ng activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant', loan, subsidy) (c) Permit, approval, license, certification: ~ Nature and extent of action: · REMOVE 382' OF EXISTING BULKHEAD,. WALKWAY AND CATWALK DOCK SECTIONS. REPLACE SAME. · ~66" SECTION ""An AND 'v'J3"' TO BE RELOCATED 6~ LANDWARD TO PROVIDE STRAIGHT ALIGNMENT WITH EXISTING ADJACENT BULKHEAD~ WALKWAY~ DOCK STRUCTURE AT NORTHWEST END. · REMAINING 216' TO BE RECONSTRUCTED IN-PLACE. -- · CON~W LOW PROFILE BULKHEAD BELOW SECTIONS P" AND "E'. · PROVUE 6~/~DE NON-TURF BUFFER AREA. · REVE(3L=~o~FED W~['l-I CAPE AMERICAN BEACH GRASS. Present landuse: .~ihB/I~C~V,]/hi~(~:% ~%~1~ ~ Present zo~g cl~sifiCa6o~:, J ~ 2. if ~ appScafion for ~e propgs~ ~6on;h~ been fil~d ~ ~e To~ of Son,old agency, the info~ation sh~l n~ber, if ~y Will the action be dkectly ~de~en, r~o ~g, or"approv~ by a state or federal agency? Yes ~ No ~ , Ifyes,.w~ch s~to 0r. f~or~ ag,ne~ bbs ih ,T m D~VELOPED COAST POLICy ~oliey 1, foster a patter~ o~dev~lo~e~t 1~ ~t ~ow~ o~8o~t~oid l~at e~a~ces co~mu~lty cbaracter~ prese~es open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minlmkes adverse effec~ of development, See LW~ Section III - Policies; Page'2 for evaluation A~ch addido~l shee~ Policy 2. Protect and prese~e historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~' .Armch additional shee~ 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~) [] Not Applicable ,!i~, :,,~ ~i,,,:,; , Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, struct.u, res~, and n,atu,ra! resources from flooding and eros]on. Section III - Polieies'Pages,8~throUffh~16~.f~:e~filU'ation,'C~:fteri~: ~. :.,~'~, ,: .: ' See LWRP I I yes I I No ~ Not'Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section I11 L I Yes I I No L/-XNotApphcable 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 X~f~No [] Not App!lcabig~ A~ch additional sheets if necessar Policy 7. Protect and improve air quality in the Town Of southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria, Attach additional sheets if necessary ~ Policy 8. Miatmize environmental degradation ~a Town of Sonthold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes ['-] No .~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. ,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. 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 III - 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 c Policies; Pages 62 through 65 for evaluation criteria. xt Yes [-] r o[5 [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. N° Yes [] ~ Not Applicable Created on 5/25/05 11.'20 AM Date[ ~ro: January 30, 2008 Southold Town Trustees and Mark Terry DEVELOPED COAST POLTCTES 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. Our proposal is consistent with this policy in presently there is an existing bulkhead that is failing. We are trying to straighten the bulkhead to make it more functional and esthetically pleasing. Policy 2 Preserve historic resources of the Town of Southold. This project location has no significant historic resources. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. Our proposal will not have a negative impac~ on the visual quality or scenic resources. This proposal is consistent with the area. This area has is all bulkheaded. NATURAL COAST POL/CZES Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. This project has will have no flooding or erosion concerns. Policy 5 Protect and improve water quality and supply in the Town of Southold. Our proposal will not have any impact of the water quality or supply in the Town of Southold. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosystem. Our proposed dock facility will have minimal effects on the ecosystem. During the initial construction there will be a disturbance to the ecosystem. This area will re-establish itself within one season. Our proposal will make this area safer and more functional. Policy 7 Protect and improve air quality in the Town of Southold. Our proposal will not have any impact on the air quality in the Town of Southold. Policy 8 Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. Our proposal will not influence the environmental degradation in the Town of Southold from solid waster and hazardous substances and wastes. PUBLZC COAST POL/CZES 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 give the property owners the ability to safely walk along this area and enjoy the scenery. The structure will not extend pass the Association under water lands nor will our proposal limit public access. WORIC[NG 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. This is a waterfront piece of property which is presently bulkheaded. The majority of the project is too reconstruct this failing bulkhead but at the same time realign the bulkhead to make it more functional and esthetically pleasing. .Policy Promote sustainable uso of living marine resources in the Town of Southold. Our proposal will not affect the living marine resources. The area will be accessed by land and the majorib/of the work will be done seaward of the existing bulkhead. Policy 12 Protect agricultural lands in the Town of Southold. Our proposal will not have any impact on agricultural lands in the Town of Southold. Policy 13 Promote appropriate use and development of energy and mineral resources, Our proposal will not have any impact on the development of energy and mineral resources. ,/ k ~0 $¢:r,,~ /ooo. :~.7- ~- $5. ~ O',Z',o'~. ,,,f. ~oo? .,doo,. 2.4, 2007 LO' iI ,