The URL can be used to link to this page

Home My WebLink About1000-66.-3-14 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: James King, President Town of Southold Board of Trustees ~, ~t ~\X\. From: Mark Terry, Principal Planner N~M L WP,.P Coordinator Date: February 26, 2008 Request for Wetland Permit for JOHN NICKLES C/O BEIXEDON ESTATE PROPERTY OWNERS ASSOC. SCTM#66-3-14&15 Suffolk Environmental Consulting, Inc. on behalf of JOHN NICKLES C/O BEIXEDON ESTATE PROPERTY OWNERS ASSOC. requests a Wetland Permit for the reconstruction/replacement of the existing eastern/inner bulkhead within Petty's Pond and the entrance to Southold Bay (note: the northern return will be reduced by two feet; the existing docks and ramps are to remain); reconstruction/reduction of the existing eastern/outer "box" jetty, from a double-walled structure measuring 308'+/- overall, to a single-walled jetty measuring 278'+/-; removal/cutting at underwater grade the remnant pilings situated seaward of the outer "box" jetty; reconstruction/replacement of the existing western/inner bulkhead within Petty's Pond and the entrance to Southold Bay; and reconstruction/reduction of the existing western/outer bulkhead/jetty, eliminating the 34'+/- of "box"jetty and the 113'+/- of the outermost jetty. The resulting conditions of the project site would include an eastern bulkhead/jetty system measuring approx. 564+/- lf. comprised of fiberglass sheathing, including the single-walled jetty extending into Southold Bay, and the western bulkhead/jetty system measuring approx. 159+/- lf., also comprised of fiberglass sheathing. Located: Arshamomaque Ave. & Petty's Pond, Southold. SCTM#66-3-14& 15 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Toxvn 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 exempt from review pursuant to Chapter 268-3, Exempt Minor Actions, item B which states: "Replace~nent, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, i~tcluding upgrading buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard ~rea (C£HA) law where structures may not be replaced, rehabilitated or reconstructed without a permit ". Cc: Kieran Corcoran, Assistant To~vn Attorney Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 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. 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). 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: 0~lin~%a~ t.t.t~n (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local -. i~;~ libraries and the Town Clerk's office. '- B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 066 - 03 014 & 015 FEn t 2008 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Boart~ofTrus~es Category of Town of Southold 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, ficense, cettifieation: Nature and extent of action: PLEASE REFER to the ATTACHED PROJECT DESCRIPTION Attach additional sheets if necessary Location of action: North & South sides of the canal entrance into Petty's Pond from Southold Bay in the vicinity of Arshamomaque Avenue. Site acreage: 6~ 000 square feet 4- along the shorelines of both the north & south sides of the canal leading into Petty's Pond from Southold Bay. Present land use: Maiority of properties within the proiect area are improved with single family dwellings with existing bulkheads. Present zoning classification: Same as above with reconstructed/replaced bulkheads. 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: John Nickles (c/o Biexedon Estate Property Owners Association). (b) Mailing address: P.O. Box 877; Southold, New York 11971 (c) Telephone number: Area Code ( 631 ) 765 - 3416 (d) Application number, if any: Previously approved under Permit No. 5888. 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? Currently approved by the Army Corps of Engineers {No. 2003-00028}, the New York State Department of State {No. F-2003-0852) and the New York State Department of Environmental Conservation (N~, 1-4738-00817/00008}. 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. Sec LWRP Section III - Policies; Page 2 for evaluation criteria. [] Yes [] No [] Not Applicable Subject proposal is consistent with this policy in that the proposed reconstruction of the existing bulkhead/jetty system is simply to replace the existing bulkhead/jetty system within this community which has harmoniously served this community for well over thirty years, and in effect, has enhanced the community. Additionally, subject proposal will be in accordance with the %.bene£icial use ora coastal location...~ in that subject waterfront lot will be enhanced & improved by the upgrading of the existing bulkheading. Consequently, we believe that subject proposal is consistent with this policy. (Subject proposal cannot be applied to the preserving of open space, the efficient use of infrastructure and the minimizing of adverse effects of development.) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section Ill - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] Not Applicable Policy 2 is not applicable in that subject lot and the surrounding neighborhood cannot be deemed a substantial historic and/or archaeological resource. 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 5 through 7 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal will not adversely impact the visual quality of the surrounding area in that the proiect is simply the reconstruction/replacement of the original bulkhead/jetty within the canal, and will maintain the original visual quality that was experienced by all surrounding properties for over thirty years. Accordinglyt this proposal will comply with Policy 3. Attach 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 Subject proposal will fully comply with Policy 4 in that subject proposal is for the reconstruction/replacement of the original bulkhead/jetty system therein, and which will continue to minimize the loss of lifet structures and natural resources from flooding and erosion. Accordinglye this proposal will comply with Policy 4. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section Ill - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No [] Not Applicable Subiect proposal is not applicable to this policy in that it will have no long term impact to the water quality/supply within the surrounding area. 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 Subject proposal will maintain the quality of the surrounding ecosystem in that this proposal is to simply reconstruct/ replace the existing bulkhead/jetty therein, which has existed harmoniously within this area for decades without any apparent degradation to the surrounding environment. Accordingly, this proposal will comply with Policy 6. 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 [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal is for only the reconstruction/replacement of the existing bulkhead/jetty system, and will not result in any form of short-term or long-term negative impacts to the air quality. Accordingly, this proposal is not applicable with this policy. 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 Ill - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal is for only the reconstruction/replacement of the existing bulkhead/jetty system, and will not result in any solid waste and/or hazardous substances/wastes being introduced into the immediate environment. Accordin§lyt this proposal is not applicable with this policy. Attach additional sheets if necessary 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 Subiect proposal is not applicable in that the proposal is for the reconstruction/replacement of a bulkhead/ietty system attendant to private lands. Regardless, this proiect will maintain the currant access utilized for the surface waters in and around the project area. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section II1 - Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not-applicable in that this project will maintain the protection of the properties benefiting from this structure, the majority of which are residential uses, and are not specifically water-dependent. 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 Subject proposal is not applicable in that the proposal does not involve any form of marine resource management (i.e. commercial fisheries, recreational fisheries, aquaculture, etc...). 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 Applicablc Subject proposal is not applicable in that the proposal does not involve agricultural lands (i.e. the conversion of farmlandt the establishment and/or maintenance of new coastal agricultural production~ etc...) Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section HI - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No [] Not Applicable Subiect proposal is not applicable in that the proposal does not involve the conservation of energy resources on a commercial level and/or the promotion of alternative energy sourcest proper maintenance of fuel storage facilities and/or the extraction of mineral extraction Attach additional sheets if necessary Created on 5/25/05 11:20 AM BIEXEDON ESTATE PROPERTY OWNERS Proposal PROJECT DESCRIPTION - Proposal to replace existing timber bulkheads/jetties- Situate: Arshamomaque Avenue and Petty's Pond; Southold, NY SCTM #: 1000-066-03-014 & 015 Currently, the project site is improved with a bulkhead/jetty system situated along either side of the southwestern terminus of Petty's Pond and contiguous to Southold Bay. The eastern bulkhead/jetty system measures approximately 848.0 linear feet +, including the entire timber "box" jetty extending into Southold Bay. The western bulkhead/jetty system measures approximately 306.0 linear feet +. The project proposes the following: (1) Reconstruction/replacement of the existing eastern/inner bulkhead within Petty's Pond and the entrance to $outhold Bay (Note: the northern return will be reduced by two feet; the existing docks & ramps are to remain); (2) Reconstruction/reduction of the existing eastern/outer "box" jetty, from a double-walled structure measuring 308.0' + overall, to a single-walled jetty measuring 278.0' +; (3) Removal/cutting ~ underwater grade the remnant pilings situated seaward of the outer "box" jetty; (4) Reconstruction/replacement of the existing western/inner bulkhead within Petty's Pond and the entrance to Southold Bay; and (5) Reconstruction/reduction of the existing western/outer bulkhead/jetty, eliminating the 34.0' + of "box" jetty and the 113.0' +_ of the outermost jetty. The resulting conditions of the project site would include an eastern bulkhead/jetty system measuring approximately 564.0 linear feet +_ comprised of fiberglass sheathing, including the single-walled jetty extending into Southold Bay, and the western bulkhead/jetty system measuring approximately 159.0 linear feet +, also comprised of fiberglass sheathing. NICKLES PROPOSED BULIE[IEAD REPLACEMENT (Proposed conditions) SECTIONS (I - V) AHW 10~ STING MP EXIS'~ING PROPOSED R£PIJCEI SPECIFICATIONS trDronosed conditions): Northern Timber Bulkhead: 584.0 ± linear f~et total Timinr R~l~ra (~m Highlight): r~la~d "in.kind/in-place' ( lb.0 :t linear feet). Southern Timber Bulkhead: 159.0 ± linear feet total Proposal Specifications: Cap: Wale: Piling: Deadman: Sheathing: 2.0" wide x 12.0' long 6.0" wide x 6.0" wide 8.0" dp x 20.0' long 8.0" qb x 8.0' - 12.0' long 10.0' - 14.0' lengths SECTIONS "N" 8E~Vl ~- VIII) N ICKI ES Proposal (c/o Beixedon Proper~y Owners Association} Situate: ArshamoInaque Avenue & Pe~'ty~s P6nd; Southo[d, NY SCTM #: 1000-066-03~14 & 015 ~Prepared by:' Suffolk Environmental Consulting~ Inc. Sept. 9~, 21 PO Box 2003; Bridgehampton, N~ 11932ApHI 1, (631) 537 - 5160 P RO,r'OSE n CONDITIONS of. SFOT I O N (VI) 278.0~ _+ -- .~ SCALE: 110": 30.0'* PROPOSED GROIN CROSS-SECTIONAL DIAGRAM Cross-Sectional Diagram for NORT1TERN PORTION (VI) BULKHEAD REPLACEMENT (Proposed Conditions) SECTION SPECIFICATIONS: 278.0' L Additional Specifications: Cap: Wale: Piling: Deadman: Sheathhtg: 2.0" wide x 12.0' long 6.0" wide x 6.0" wide 8.0' dp x 20.0' leng 8.0" ~P x 8.0' - 12.0' long 10.0' - 14.0' lengths NiCKI ES Proposal (cia Beixedon Proper'cy Owners. Situate: Arsham~aque Avenue & Pet~s P~d; Sou~oid, NY SCTM ~ 1000-066~14 & 015 - =~T~ :' ac. 18, '-00 ~s~ , Prepped ~ S~olk Environmen[al Consulting, Inc.April ~, '2004 PO Box 2003; Br~dgeham~oh, NY 11932 (63~} 537 - 5160 FXISTI NG CONDITIONs of "N" SFCTIONS (VI through VIII) 308.0' 4- ;t SCALE: ilO"= 30.0' 4. 17..0' 4- · ~' Cross-Sectional Diagram for '" ~l ~ NORTHERN PORTION (VI through VIH) - BULIOt~AD REPLACEMENT - ~ [ ' ', -,(Existing C~nditions) ~ SECTION~_.PEcIFICATIONS. , " ~ N-VL S~ai-func'timal (to be replaced and reduced by 30.0 ): N-VII: S~ni-functimal (to b~ removed): ~'~ : lq-VIII: Semi-functimal (to b~ r,moved): 308.0' L 17.0' L 215.0' L L 215.0' + SCALE: _I,0": 30.0'4,' N IOKi ES Proposal (c/o Beixedon Proper[~ Owne~. Situate: Arshem~i;aque Avenue & Pete's P~d; SouthoTd, NY SCTM ~ 1000-068~3~14 & 015 - ~p~v~ ~: ~w.~ MOl , Prepped b: S~olk Environmental Oon~l~ing, Inc.April 1, 2004 PO Box 2003; Bfidgeh~¢oh, NY 11992 (631) 5~7 - 5160 , , AHW NICKLES PROPOSED BULKHEAD REPLACEMENT (Existing Condi6ons) "N" SECTIONS (I - V) RAMp (TO REMAIN) AP~ ~ fi ~004 SouUmld lown Board of Trustees SPECIFICATIONS (existing conditions): (TO REMAIN) Timber Bulkhead: 848.0 ± linea' feet to~al Southern Timb~ Bulkhead: 306.0 ± linear feet total SECTIONS "N" SECTIONS (VI - VIII) ' NICKI FS Pro I (c/o Beixedon Property Owners. Assbeiation) Situate: Arshamo[naque Avenue & Pe%ty's Pond; Seuthold, NY SCTM #: 1000-066-03-,014 & 015 SCAL~-: 1.0" .-- 40.0'/ *~Paovao aY: o~.~wa a'( MDI OAT~)eC. 18. '2002~ Prepared by: Suffolk Environmental Consulting, Inc. Sept. 9, 21 PO Box 2003; Brldgehampton, NY 11932April 1, (631) 537 - 5160