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Home My WebLink About1000-37.-7-9.1 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 To: Jim King, President Town of Southold Board of Trustees From: Scott Hilary, LWRP Coordinator Planner Date: May 7, 2008 Chapter 268: Waterfront Consistency Review Wetland Permit for THOMAS J. APREA, JR. SCTM#37-7-9.1 Costello Marine Contracting Corp. on behalf of THOMAS J. APREA, JR. requests a Wetland Permit to remove 106' of existing bulkhead, boardwalk and 286 cy. of soil fill from behind existing bulkhead. Truck removed soil off site to an approved upland disposal site. Construct 10' of new bulkhead at rear of basin. Located: 3140 Gardiner's Bay Estates, East Marion. SCTM#37- 7-9.1 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 ~vell as the records available to me, it is my recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. 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. A. 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 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed bulkhead replacement will require the installation of a silt boom that will retain all suspended sediments within the immediate proiect area pursuant to ~ 275-11 Construction and operation standards. Also the upgrade of runoffcontrol measures may be required to mitigate the direct source of surface water runoff associated with the impervious asphalt drive running up to the existing bulkhead basin. § 275-11 Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: Drainage upgrade. Applicants for a permit for any form of construction may be required to upgrade the site's drainage system such that all surface water generated from impervious surfaces shall be kept onsite through infiltration or retention. Applicants proposing grading or filling operations will be required to submit a drainage plan for the entire site at the discretion of the Trustees. See ~' 275-6A(14) for requirements. 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. Pursuant to § 275-11 Construction and operation standards that ali bulkhead construction and renovation work requires the establishment of a permanent non-turf buffer as defined by § 275-2. § 275-2 Definitions; word usage. NONTURF BUFFER -- Any pervious material allowingfor percolation of surface runoff into the soil. Examples include: natural vegetation, wood chips, mulch, gravel, and sand. Decks may be allowed if they are level or pitched away from the water, are pervious to precipitatlon and are constructed of materials other than treated lumber. An), and all runoff generated by such structures must be allowed to percolate into the ground directly below the structure. Fertilizers may not be used within the nonturf buffer area. The proposed action as per project description {to remove 286 cy. of soil from behind existing bulkhead) is a dredging activity and will require a Trustee permit to dredge pursuant to § 275-11 (C). The proposed dredging activity will require the installation of a silt boom that will retain all suspended sediments within the immediate pro|ect area pursuant to § 275-11 Construction and operation standards. § 275-11 Construction and operation standards. C. In water. The following standards are required for all in-water operations adjacent to res identialproperties. Operations conducted on properties zoned MI or M2 may be given greater flexibility in these requirements given the water-dependent nature of their use. (3) Dredging. (a) Creeks. [1] Only maintenance dredging (as defined in ~' 275-2) is permitted, unless the applicant owns underwater land or the applicant is requesting permission to dredge in connection with installation of low-sill bulkheads. All maintenance dredging permits shall be valid for a period no greater than l O years. [Amended 12-18-2007 by L.L. No. 23-2007] [2] Dredging may be permitted when it can be demonstrated that the actions of man have resulted in impairment to water quality or habitat value. [3] Dredging in, or in close proximity to salt marsh vegetation (Distichlis spicata, Spartina alterniflora or Spartina patens) or seagrass (Ruppia maritia or Zostera marina) meadows is prohibited. All dredging applications must demonstrate a specific location for the deposit of dredging material. [Added 12-18-2007 by L.L. No. 23-2007] It is recommended in the event the dredging proiect is in compliance with § 275-11 (C) and to further LWRP sub-policy 6.1. The uses of mitigation measures that are likely to result in the least environmentally damaging feasible alternative are implemented. 6.1 Protect and restore ecological quality throughout the Town of Southold. Mitigation includes: B. Where destruction or significant impairment of habitat values cannot be avoided, minimize potential impacts of land use or development through appropriate 1. Avoidance of potential adverse impacts, including: b. scheduling activities to avoid vulnerable periods in life cycles or the creation of unfavorable environmental conditions, ~[ ow'n of Sohthold LWRP CONSISTENCY ASSESSNEENT FORM INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this £'(' \F proposed actions that are subject to the Town ofSouthold Waterfi-ont Consistency Revie;~ Ial,, assessment is intended to supplement other information used by a Town of Southold , making a determination of consistency. *Except minor exempt actions inchidmg and other ministerial flermits not located within the Coastal Erosion Hazard A rea 2 Before answering the questions in Section C, the preparer of this form should minor action list, policies and explanations of each policy contained in the Town Waterfront Revitalization Pro~<~. A proposed action wiI be evaluated a~ beneficial and adverse efikcts npon the coastal area (wh, Tch ~cludes ail .3. If'anyquestionmSectionCont~sfo~isansw. ed yes,thentheprlp~se~ma~ achievement of the L~ policy stand.ds ~d condit~s ~~,sistenc Thus, the action should be ~al~ed in more detail ~,~ mo&,fied determination that ~t ~s consistent to the m~ ~acti~ble standards and conditions. If ~ action c~ot be ce~ified as cons stent ~'ith standzds and conditions, ~ shall not be unde~&en. , A c&¢y ofthe~ ~p is available in ~e follow~ ' ~%1 g places: ~ at thrown of Southo~kI'~:t?strc The Application has been submitted to (check appropriate response): 1. Categ°~ °f Town o f SouthoId agency action (check appropriate res once , (a) Action uqden~en dkectly by Town agency (e.g. capital P ) (a) Fm~ciaI asist~ce (e.g. g~t~ loan, subsidy) (c) Pemait, approval, license, ce~ification: Nature and extentofaction: ~ , Site acreage: I 0L)((~ .... ' Pres~t l~d use:~~C4 If~ apphcation for ~e proposed ~fion h~ been filed ~i~ ~e To~ of Southold agency, the following i~o~afion sh~l be prodded: , ' ¢) T~ephone ~: ~e~ Code (:) ~9~ 477 ' ~4q ~ (d) Applica~n umber, iffy: Will the action be dkectly ~dea~en, r~e ~g, or approvfl by a state or federal agency? 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, Attach additional sheets if necessary Poticy 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 [] No7 App,ica _ $ AttaCh additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Sec~on I~-- Policies Pages 6 through 7 for evaluation criteria ~ Yes N° NotApplicable--7..~, fj.,f;J : 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 for evaluation criteria Yes oi~PPiic;%k~ ~ A~ach additional sheets if necessary Policy 5. Protect and improve water quality and supply ia the Town of Southold. See LWRP Section III --Policies Pages 16 through 21 for eva!uation criteria Aaach 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 n~essary Policy 7. Pages 32 through 34 for evaluation criteria. ~ Yes ~ 1No~ Not Applicable Protect and improve air:qualitY in ~the Town of Southold. See LWRP Section III - Policies 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; P ~ ages ~4 through 38 for evaluation criteria. [~ Yes [~ No/~ Not ApplicabL i0~. 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 ~ INo ~ ;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 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. ~j~ 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. A~ach 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~J~ Not Applicable ~ d]~(~_ [40_(~ Created on 5/25/05 ! 1 '20 AM Date: To: Proposal: April 4, 2008 Southold Town Trustees and Hark Terry Remove 106' of existing bulkhead, existing boardwalk and 286 cubic yards of soil fill from behind existing bulkhead. Truck removed soil off site to an approved upland disposal site. Construct 10' of new bulkhead at rear of basin DEVELOPED COAST POLICIES Policy I Foster a pattern of development in the Town of Southold that enhances community character~ preserves open space, makes efficient use of infTa=bdcture, makes beneficial use of a coastal IocaUon, and minimizes adverse effects of development. Our client wants to make more efficient space of his property. Removing this area will open the shoreline up so that more waterfront property is exposed. This small piece of bulkheaded land is not needed. Policy 2 Preserve historic resourc~ of the Town of ~outhold. Our project does not involve any historic resources of the Town of Southold. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. Presently, this area is mostly bulkheaded. Our project will not change the visual quality or scenic resources. NATURAL COAST POLICZES Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. We are proposing to remove this bulkheaded area. There will not be an increase of flooding or erosion. Policy 5 Protect and improve water quality and supply in the Town of Southold. This proposal will have no effects on 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. Removing this section of property will open the existing bulkhead allowing the area to be flushed out more efficiently. This will help the quality and function of the ecosystem in this Gardiner's Bay area. Policy 7 Protect and improve air quality in the Town of Southold. This proposal will have no effects on the air quality or supply 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 produce any solid waste and hazardous substances wilt not be involved in this project. 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, The project location is privately owned lands. Our proposal will not affect the public's access or use of public lands and resources. Page 2of 2 LWRP for Thomas Aprea WORK/NG COAST POI.TCIE~ Policy 10 Protect the Town of Southold's water-dependent uses and promote siting of new water- dependent uses in suitable IocaUons. Our proposal is suitable and reasonable for this area. This is a waterfront piece of property and by removing this bulkheaded area will allow the property owner to use this property to engage in even more water-dependent activities. Policy 11 Promote sustainable use of living marine resources in the Town of Southold. There are no commercial fishing opportunities in this area. Our proposal will have a minimal effect on the wetlands and breeding grounds. During construction minor disturbance is expected but it will only last until the work is completed. After construction, there will be more surface area for marine resources. Policy 12 Protect agricultural lands in the Town of Southold. This proposal will have no effects on the agricultural lands in the Town of Southold. Policy 13 Promote appropriate use and development of energy and mineral resources. Our proposal will have no effects on the use and development of energy and mineral resources. V I ¢ I I,.,I IT¥ MAP ADJACEN-I- PI~.OpE:R.TY oWNEIi:~: ~JOHN A. ~ JOHN £. D~FILIPPI L OCAT I Ol'-J MAP 4.:"o7' oe:~,,.s P~E PA~ED bY: CoSTEL10 tv~ARINE CO~T~^CTING CO[~. / x~c.7, eoo7 7\ __. o .o 0