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Home My WebLink About1000-138.-2-27L 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 From: Mark Ten-y, Principal Plarmer ('14'~,) LWRP Coordinat Date: February 21, 2008 Re~ Request for Wetland Permit for THOMAS GIESE SCTM# 138-2-27&28 NOTE: The proposed action is located within the Cutchogue Harbor Wetlands Significant Fish and Wildlife Area and NYSDEC Critical Envirornnental Area. THOMAS GIESE requests a Wetland Permit to remove 58' of existing bulkhead "A" and replace in-place using C-Loc vinyl sheathing. Backfill area behind new bulkhead with clean trucked in soil approx. 26 cy. and revegetate areas with Cape American Beachgrass 12" on center; Remove 18' of existing bulkhead "B" and replace in-place using C-Loc vinyl sheathing; remove existing marine railway and replace in-kind and in- place with new and approved materials; remove remains of existing wooden dock, and construct a new 4'X 10' fixed dock with a 32"X 20' seasonal aluminum ramp onto a 6'X 20' seasonal floating dock secured by (4) 6" dia. pilings. Located: 5860 Skunk Lane, Cutchogue. SCTM#138-2-27&28 Based upon the information provided on the LWRP Consistency Assessment Fom~ submitted to this department, as well as the records available to me, it is my recommendation that replacement of bulkhead "A" and "B" and the proposed construction of a new 4'X 10' fixed dock with a 32"X 20' seasonal aluminum ramp onto a 6'X 20' seasonal floating dock secured by (4) 6" dia. pilings action is INCONSISTENT with the following policies and therefore is inconsistent with the I.WRP. provided that the following policies and sub policies are met; Policy 5. Protect and improve water quality and supply in the Town of Southold. It is recommended in the event that the dock 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. 69 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 pih3gs or native non- chemically treated (untreated) lumber only should be used in sensitive areas. The above designations (Cutchogue Harbor Wetlands Significant Fish and Wildlife Area and NYSDEC Critical Environmental Area.) recognize the wetland complex as "sensitive" The construction methods are not identified and a silt boom is not shown. It is further recommended that the Board require the installation of a silt boom 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 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) shah 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. To 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 (which states): 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. It is recommended that the Board require a pervious non-turf, native vegetation buffer landward of the proposed bulkheads. rlrown of Southold k. LWRP CONSISTENCY ASSESSMENT FORM. INSTRUCTIONS i All applicants for perm/ts* including Town of Southold agencies, shall .~l)lCtc proposed actions that are subject to the Town of Southold Waterfront Co~3,~riStencv Review assessment is intended to supplement other information used by a/,Town of Southuld making a determination of consistency. *Except minor exempt a.;Z~ons ine[tlchng /hi,','~/,.:,v and other mtntsterial permits not located wit/un the Coastal ~on Hazard Are~ / 2 Before answering the questions in Section C, the prepa~ of th~s form should review - ~. mi,nor action list, policies ~d explanations of each po~y contained i~he Town or' ~'~;4;;..¢ ;,,5~.Z.77'- 7~~vitalization Pro.am, A proposed~tion will be evaluated as to its beneficial afl'adverse effects upon the coastal ar~ ml~s MI ~outhold / :.~:~ If~ng[qg~tib~ in SectioB C on tNs fo~ is ~swered "yes" then the ~ro~os,:~l ......... ach~qve~nt of the L~ pohcy st~d~ds~d conditions conta ned n the cons stoney FEB - 1 ~ u4~th~ action should b~ ~al~ed m ~re detail md if necessa~ mod ~e~ )'o' dete~ma~ion that ~t is c&ns~stent to ~e m~ extent practmable xvith the ...... ---~rdspnd conditions. [f ~ acti~ c~ot be ce~ified as co~s sen w n c [ W , standards ]nd konditions, it sh~ll not ~ under.eh. : ........... ~e~&L~ is availa¢~e ~ ~e following places: online at the Town (southoldtown.no~hfork.net), th~oard ofTmstee&~ffice. ~4~ng ~panmcnt. libraries and the Tox~ Clerk's office, ~ ' ' B, DESC~PTION OF SITE ~D PROPOSED ACTION DLq 2 6 2007 SCTM~ /~ - d d7 The Application has been submitted to (check appropriate respon?e): TownBoard ~ Planning Dept. [---] Building Dept. [--] BoardofTrustees'~ I Category of Town of Southold agency action (check appropriate response): Action undertaken directly by Town agency (e.g. capital construction, plann/ng activity, agency regulation, land transaction) (b) Financial assistance (e,g. grantl loan, subsidy) (c) Permit, approval, license, certification: BULKHEAD "A" REMOVE 58' OF EXISTING BULKHEAD AND REPLACE tN-PLACE USING C-LOC VINYl, SHEATHING, I~ACK FILL AREA BEHIND NEW §ULKHEAD WITH CLEAN TRUCKED IN SOIL APPROXIMATELY 26 CUBIC YARDS. REVEGETATE AREAS WITH CAPE AMERICAN BEACH ~RASS 12' 0.~. BULKHEAD "B" REMOVE 18' OF D(ISDNG BULKHEAD AND REPLACE IN-PLACE USING C-LOC VINYL SHEATHING, MARINE RAILWAY ~,EMOVE EXISTING AND REPLACE IN-KIND, IN-PLACE WITH NEW AND APPROVED MATERIALS, DNDCI~ REMOVE REMAINS OF EXISTING WOODEN DOCK. CONSTRUCT NEW 4'X10' FIXED DOCK W1TM A 32'~20' SEASONAL ALUMINUM RAMP ONfO A 6'X20' §~NAL ~LOA~N~ (DO(}K ~EdUl%~b ~ (4) 6" b~AMET~R ~tdN~g. Present land use: Present zoning clause, float/on ,. .... 2. If an application for the proposed action h~ been fil~d with the Town of Southold agency, the following information shall bC provided:; Co) Mail/nE addtessi '~/'~/-~ ~" (c) Teleph0ne numb~r:AreaCosl~,(~,) (d) Applicativn number,.if~y:. ~ Will the action be directly undertake ' n, r~q~re;ftl,nding~ or-approval by a state or federal agency? Yes 7 No If yes, '~hich st~e or. federal agencyTN~2{h~j~.I N~'[~% i ,4/6~. .DEVELOPED COAST POLICY Policy 1. Foster a pattern of development In the Town of Sonthold that'enhanees community cliaracter, preserves open space, makes efficient use oflnfrasWIlcture, makes beneflchil use qf a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evalu ation criteria. '~Yes [] No ['-] NotAppllcab!eim Attach additional shee~ ifnoc~sary .......... _ 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 Attach additional sheeta if necessary Policy 3. Enhance visual qualiW 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 At~ach 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~lilUation~c~tte~la~ ~.,.~ ':',' A/~ach additional sheets if necessary Policy 5. Protect and improve water quality and supply in thc Town of Southold. See LWRP Section '7, Policies Pages 16 t.hr..o,ugh:21f.o.r, ey~alllatloll~crlterla~ v ~'~, -: .... No 57211Not 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/- Polk/es; Pages 22 through 32 for evaluation criteria Attach additional shccts if necessary Policy 7. Protect and improve air quality in the Town of So'uthold. See LWRP Section Ill - Policies Pages 32 through 34 for evaluation criteria, [] Yes [-] No7 Not Applicable Ar/ach additional sheets if necessary Policy 8. Minimize e ' nvlronmental degradation !II Town of Southold from solid waste and hazardous substances and wastes, See LWRP Sectioa'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 lauds, 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 , At~ach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, Ihe Peconic Estuar.~ and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No [] Not Applicable Auach 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. 1-~ Yes ~ No~ Not Applicable Anach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRI' Section Ill - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [-~ No"~---] Not Applicable Created on 5/25/05 11.'20 AM To: December 20, 2007 Southold Town Trustees and Nark Terry DEVELOPED COAST POLZCTES 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. This project site has been developed and neglected, All structures are existing but failing. Our proposal will revitalize the area creating a more useable and functional area to engage in water dependent activities. 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, Our proposal will enhance the visual quality. The present condition of these structures is somewhat an eyesore. Reconstructing the existing structures will make the area look well maintained and non neglected. NATURAL COAST POLTCZES Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. The existing bulkheads are small in size and are needed to protect the upland property. The new bulkheads 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 POLZCTES 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 bulkheads present and we are proposing in-kind, in-place construction. The proposed dock is minimal in size. Just long enough to reach an adequate water depth but still stay within 15' of the property line. WORKING COAST POLTCTE~ Policy 10 Protect the Town of Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. Our proposal will allow the property owners to safely access the water so that they can engage in water-dependent activities. The condition the site is presently deters the property owners to use the area as much as they would like. ~ . Pag~ '~of 2 Policy 11 Promote sustainable use of living marine resources in the Town of Southold. During the initial construction there will be minimal disturbance to the area. The area is expected to re-establish itself within a season. 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. DEC 2 6 EOu7 $outhhold Town Board of Trustees ~c?-. z~, Z~ 7 WI° Ol 'o0'/4 7E' ~7 'oo" ~ ,.'./ oc~' 4~.~oo 1