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HomeMy WebLinkAbout1000-57.-1-8 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 PROGHAM 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 PERILLO SCTM#57-1-8 Eh-Consultants, Inc. on behalf of THOMAS PERILLO requests a Wetland Permit to construct approx. 139 linear ft. of vinyl bulkhead in place of (and up to 10" higher than) existing timber bulkhead; and backfill with approx. 65 cy. clean sand to be trucked in from an approved upland source. Located: 730 Tarpon Dr., Southold. SCTM#57-1-8 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 LWRP policy standards and therefore is consistent with the LWRP; Provided that the proposed action meets LWRP sub-policy 6.3 (A) as outlined below. LWRP Policy 6-Protect and restore the quality and function of the Town of Soulhold 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 action is subiect to the Town of Southold's Waterfront Consistency Law Chapter § 268-5 (A) Review of actions and will require the applicant to complete and file an LWRP Consistency Review form before a final determination can be rendered. § 268-5. Review of actions A. l~enever a proposed action is located within the Town's coastal area, each agency shall, prior to approving, funding or undertaking the action, make a deterrnination that it is consistent with the Ll~RP policy standards' summarized in 3q 268-1 herein. No action in the coastal area shall be approved, funded or undertaken by an agency without such a determination. The proposed action has been reviewed pursuant to § 268-3 because the action is not an in- kind replacement but an increase in height (up to 10" higher than) as proposed. § 268-3. Definitions MINOR ACTIONS -- Include the following actions, which are not subject to review under this chapter: A. Maintenance or repair involving no substantial changes in an existing structure or facility; B. Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard Area (CEHA) law where structures may not be replaced, rehabilitated or reconstructed without a permit; The proposed action 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. § 275-11 Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: (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 ora silt boom that will retain all suspended sediments within the immediate project area. EN-CONSULTANTS, INC. 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING April 8, 2008 Mark Terry, LWRP Coordinator Planning Board Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Thomas Perffio~'79~Tarpon Drive~ Southold Dear Mr. Terry: APR 1 7 2008 Southhold Town _ B.ard of Trustees Attached please find 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. dwRp indicated that all policies are "Not Applicable," because pursuant to Town Co~¢) the corresponding definitions of"action" and "minor action" by §286-3, the submiss]o-- T Consistency Assessment Form is not required for this application, as the proposed work entails only the "maintenance or repair involving no substantial changes in an existing of an existing bulkhead. stxucture or facility," specifical~the in-place replacement Really yours, Robert E. He~.uann Coastal Management Specialist cc: Lauren Standish, Board of Trustees · Town of Southold A. LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS 1. A II applicants for perm its* including T om n of Southold agencies, shall cum plete this C C A F fur proposed actions that are subject to the Towt~ of S outhold Waterfront Consistency Review Law. This assessm ent is intended to supplementotherinformation used byaTownofSou~hold agency in m a k in g a d e t e r m in a ti0 n 0 f c 0 n s is t e 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. Thus.~ each answer must be explained in detail.~ listing both supporting and non- suD~ortin,~ facts. If an action cannot be certified as consistent with the LYV~IP policy standards and conditions, it shall not be undertaken. 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 Plann~ ~ libraries and the Town Clerk's office. ]]I ~ ~ [~ ~ ~ ~ I~; SCTMg 57 - i _ s PROJECT NAME THOMAS PERILLO [ $~l~*hs,~ ~oa, n The Application has been submitted to (check appropriate response): ~ TownBoard ~ PlanningBoard~ 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 139 LUNEAR FEET OF VINYL BULKHEAD IN PLACE OF (AND UP TO 10" HIGHER THAN) EXISTING TIMBER BULKHEAD; AND BACKFILL WITH APPROXIMATELY 65 CUBIC YARDS CLEAN SAND TO BE TRUCKED IN FROM AN APPROVED UPLAND SOURCE, ALL AS DEPICTED ON THE PROJECT PLAN PREPARED BY ' EN-CONSULTANTS, INC. DATED APRIL 8, 2008. Location of action: 730 TARPON DRIVE, SOUTHOLD Site acreage:. 0.47 ACRES 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: THOMAS PERILLO (b) Mailing address: 87 OLD COUNTRY ROAD SOUTHOLD, NY 11971 (c) Telephone number: Area Code 631-249-4141 (d) Application number, if any:. 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?. 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. ~]Yes ~] 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 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 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 Sonthold. 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 App,cable 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 Ill - 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--~1 No [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. [--] Yes [~ No [5~ Not Applicable PREPARED BY R . HERRMANN TITLE COASTAL MGMT SPECIALIST DATE 4/14/08 Amended on 8/1/05 SOUTHAMPTON, NY 1 i968 631-283-6360 TA~PON 1~ = 30' / AREA TO BE REVEGETA 4 UPON . BF CBN m CANAL TO SO" (N/~- ae,~uo,~HS )T/..t O L D C IN PI~OPO~P BLI. Kt-~AP i~PbACBMBNT (IN-PbACI~) fOR THO/VlA5 PBi~ll. bO ON CAN.Ab fO 50U1'HOI. P BAY, .50LITHOL. P, f:~t~Ol.K COUNfY, NY SeCtiON 11'IRLI IN*PLAE~ P~PLAC~M~NT OP TIMIdeR ~LILKHP. AI~ WITH VINYl. 8" LAY].O~ I/4" ~9" ~16' VIN~ 5FCATHINd I0" × tS' ?IL~5 '~ EN-CONSULTANTS, INC, 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 631-283,.6360