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Home My WebLink About1000-144.-4-10 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To~ From: Mark Terry, MEMORANDUM James King, President Town of Southold Board of Trustees Principal Planner k LWRP CoordinatoC~ Date: February22, 2008 Re~ Request for Wetland Permit for Robert Leighton SCTM# 144-4-10 ROBERT LEIGHTON requests an Amendment to Permit #1738 to construct approx. 72 linear ft. of vinyl bulkhead in place of existing timber bulkhead; construct +/-8' and +/-16' vinyl bulkhead returns immediately landward of existing timber returns to be removed; and backfill with approx. 20 cy. clean sand fill to be trucked in from an upland source. Located: 335 Rochelle Place, Mattituck. SCTM#144-4-10 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 CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. It is recommended that the following be applied to further the below listed 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. 0') 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 '9, 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 pih'ngs or native nonchemically treated (untreated) lumber only should be used in sensitive areas. 2. Require the installation of a 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 Trustee jurisdiction. This structure may include, but is not limited to, installation of a 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. In addition 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 (below). It is recommended that a non-turf buffer be required landward of the bulkhead. 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. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. EN-CONSULTANTS, INC. 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING February 4, 2008 Mark Terry, LWRP Coordinator Planning Board Town of Southold P.O. Box 1179 Southold, NY 11971 FEB Re: Robert Leithton, 335 Rochelle Place, Mattituck ~ Dear Mr. Terry: Attached please fred an LWRP Consistency Assessment Form, which is being submitted in association with an application to the Board of Trustees for a Town Wetlands Permit to construct a vinyl bulkhead in place of an existing timber bulkhead. I have indicated that ail policies are "Not Applicable," because pursuant to Town Code §268- 5(A) and the corresponding definitions of"action" and "minor action" by §286-3, the submission of a LWRP Consistency Assessment Form is not required for this application, as the proposed work entails only the "maintenance or repair involving no substantiai changes in an existing structure or facility," specificaily the in-place replacement of an existing bulkhead. Robert E. Hesi~aann Coastal Management Speciaiist cc: Lauren Standish, Board of Trustees Town of Southold A. LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS 1. A 11 appli0ants for p0rm its* including T0w n 0f S0uthold agencies, shall cnmplete this C C A F for proposed actions that are subject to the Town of S0uthnld W atorfr0nt C 0nsisten0y Review Law. This assessmentisintended~0 supplementotherinformati0n used byaT0wn 0fS0u~h01d agency in m a k in g a d ete r m in a tin n o f c 0 n sis to n c y. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. 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" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thns~ each answer must be explained in detail~ listing both supporting and non- snD~ortint facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# 144 A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION 4 . 10 " PROJECT NAME ROBERT LEIGHTON The Application has been submitted to (check appropriate response): TownBoard ~] Planning Board ~] Building Dept. [~ Board of Trustees [~ 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, license, certification: Nature and extent of action: CONSTRUCT APPROXIMATELY 72 LINEAR FEET OF VINYL BULKHEAD IN PLACE OF EXISTING TIMBER BULKHEAD; CONSTRUCT +/-8' AND +/-16' VINYL BULKHEAD RETURNS IMMEDIATELY LANDWARD OF EXISTING TIMBER RETURNS TO BE REMOVED; AND BACKFILL WITH APPROXIMATELY 20 CUBIC YARDS CLEAN SAND FILL TO BE TRUCKED IN FROM AN UPLAND SOURCE, ALL AS DEPICTED ON THE PROJECT PLAN PREPARED BY EN-CONSULTANTS, INC. DATED JANUARY 31, 2008. Location of action: 335 ROCHELLE PLACE, MATTITUCK Site acreage:. 24,531 S.F. Present land use: RESIDENTIAL, ONE-FAMILY DWELLING Present zoning classification: R-40 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: ROBERT LEIGHTON (b) Mailing address: 335 ROCHELLE PLACE MATTITUCK, NY 11952 (c) Telephone number: Area Code631-553-7635 (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes I I No [~ If yes, which state or federal agency?. C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. 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. See LWRP Section III - Policies; Page 2 for evaluation criteria. No Not Applicable Attach additional sheets if necessary 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 sheets if necessary 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 ~] No [~ Not Applicable 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 $ through 16 for evaluation criteria Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ~] Yes ~--] No [~ Not 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 III - Policies; Pages 22 through 32 for evaluation criteria. [~Yes [~ No [~ Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southolfl. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~-] Yes ~ NoR Not Applicable 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 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 IH - 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, 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 - Policies; Pages 62 through 65 for evaluation criteria. [--] Yes [--] No [~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section Ill - Policies; Pages 65 through 68 for evaluation criteria. ~] Yes ~] No [~ Not Applicable PREPARED BY TITLEcoASTALMGMTSPECIALIST DATE 2/5/08 Amended on 8/1/05 JAMES CREEK EX, DOCK TO BE TEMPORARILY DETACHED & REPLACED IN-KIND/IN-PLACE PROPOSED +72' VINYL BULKHEAD TO BE CONSTRUCTED IN PLACE OF EX. TIMBER BULKHEAD · ~.~ +--8' NONFUNC OF EX, RETURN TD '~.. ,~, HM _+16' BULKHEAD +S' VINYL TURN Tn DE CONSTRUCTED IMNEDIATEL LAND~/^RD OF' S' SECTIrlN DF' EX, RETURN TO BE RENrlVED ±8T ±105' 0 1" = 30' RETURN TO DE CONSTRUCTED LANDWARD OF EX, TIMBER FD BE REMOVED ADJ. ~LKHD. DVE..LUNG JO" 5eCTION THRU IN-FLAE:e eT' (var,) · PLATFORM 1'0 BP ~FLACBP ~×, P. 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