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Home My WebLink About1000-110.-7-26OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 To: From: Date: Re: Jim King, President Town of Southold Board of Trustees Scott Hilary and Mark Terry, LWRP Coordinators August 20, 2008 Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for MICHAEL SLADE SCTM#110-7-26 Costello Marine Contracting Corp. on behalf of MICHAEL SLADE requests a Wetland Permit to remove 163' of existing wooden boardwalk to allow for the reconstruction of the existing bulkhead. Reconstruct 172' of existing bulkhead by re-sheathing landward side of bulkhead with "Everlast" 2.1 vinyl sheathing. Install new I"X 6' tie rod ends welded into existing backing system tie rods. Reinstall wooden boardwalk in-place after bulkhead reconstruction is completed. Construct an 8' extension to existing finger pier. Install two new 10" dia. X 30' long support pilings at offshore end. Maintenance dredge an ama 50' seaward from the existing bulkhead to a depth of-4.0' below MLW on the east end and progressing to -7.0' below MLW on the west end. Approx~ 350 cy. of dredged spoil to be trucked off site to an approved upland disposal site. Located: 1435 West Rd., Cutchogue~ SCTM# 110-7-26 THE FOLLOWING SECTION ADDRESSES THE PROPOSED BULKHEAD REPLACEMENT: The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalizatioo 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 our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP; provided that the proposed action is an in-kind/in-place replacement pursuant to § 268-3. § 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; 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 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 and as defined in § 275-2. § 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..Ill intertidal construction and excavation requires the installation of a silt boom that will retain all suspended sediments within the immediate project aret~ § 275-2. Definitions; word usage. SILT BOOM -- A structure deployed within the water column that is designed to prevent passage of suspended sediments and contaminants from spreading from the immediate project area to surrounding waters. Properly installed, silt booms completely surround the project area. The deployment of a silt boom will further advance LWRP Policy 5, Protect and improve water quality in the Town of Southold and Policy 6 Protect and restore tidal and fresh water wetlands. Policy 5. Protect and improve water quality and supply in the Town of Southold. 5.3 Protect and enhance quality of coastal waters. B. Minimize disturbance of streams and creeks including their bed and banks in order lo prevent erosion of soil, increased turbidity, and irregular variation in velocity, temperature, and level of water. 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 sel Jbrth in Trustee permit conditions. If the action (bulkhead replacement) is approved the following best management practice (BMP) is recommended: 1. Require the applicant to maximize a non-turf, permeable buffer landward of the bulkhead in place of the existing wooden board walk. The BMP recommended above will further advance Policy 5, Protect and improve water quality in the Town of Southold and 6.3 Protect and restores tidal and freshwater wetlands Figure #1 Existing bulkhead. Figure #2 Existing wooden boardwalk. THE FOLLOWING SECTION ADDRESSES THE PROPOSED FINGER PIER EXTENSION: The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town o£ Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on thc LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the 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. B. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees lmvs and regulations for all Andros Patent and other lands under their jurisdiction I. Comply with Trustee regulations and recommendations as set fi~rth in Trustee permit conditions. The proposed finger pier extension which is on lot (SCTM# 110-7-26) is zoned R-40 Residential. Only one catwalk is permitted per residential lot pursuant to ~ 275-11. Currently there are multiple docking structures on this residential lot and therefore the proposed finger pier extension is not in compliance with ,~ 275-11 Construction and operation standards as referenced below. § 275-11. Construction and operation standards. C. In water. The following standards are required for all in-water operations adjacent to residential properties. Operations conducted on properties zoned MI or M2 may be given greater flexibility in these requirements given the water-dependent nature of their use. (2) Docks. (c) Regulations for the placement and configuration of docking facilities. [1] Residential docks. [Amended 10-11-2005 by L.L. No. 17-2005] Only one catwalk may be permitted per residential lot. Only one mooring or dock may be permitted per residential lot. Upon a showing of special need due to low water level and hazard to property, the Trustees may permit both a mooring and a dock for the same residential property. [Amended 12-18-2007 by L.L. No. 23-2007] Figure #3 Existing finger pier. THE FOLLOWING SECTION ADDRESSES THE PROPOSED DREDGING: 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 our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP; provided that the proposed action meets sub-policy 6.3, as outlined below. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. .,t. 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 dredging activity will require the deployment ora silt boom that will retain all suspended sediments within the water column of the immediate proiect area pursuant to § 275-11 and as defined in § 275-2. § 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(*9 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 § 275-2. Definitions; word usage SILT BOOM - A structure deployed within the water column that is designed to prevent passage of suspended sediments and contaminants d~om spreading from the immediate project area to surrounding waters. Properly instal/ed, silt booms completely surround the project area. Further all dredging activities must be in compliance with dredging standards pursuant § 275-11 Construction and operation standards and Maintenance Dredging as defined in § 275-2. § 275-11 Construction and operation standards C. In water. The following standards are required for all in-water operations adjacent to residential properties. Operations conducted on properties zoned MI or M2 may be given greater flexibdity in these requirements given the water-dependent nature of their use. 3) Dredging. (a) Creeks. [U Only maintenance dredging (as defined in § 275-2) is permitted, unless the applicant owns under~,ater 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 10 years. [Amended 12-18-2007 by LL. 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 alternifiora or Spartina patens) or seagrass (Ruppia mar#ia or Zostera marina) meadows is prohibited (c) All dredging applications must demonstrate a specific location for the deposit of dredging material [Added 12-18-2007 by L.L. No. 23-2007] § 275-2. Definitions; word usage MAINTENANCE DREDGING - A dredging project will be considered maintenance dredging if there is documentary evidence that it has been previously dredged. The proposed dredging activity may improve navigation to Wickham Creek and further support the associated water- dependent uses of the neighboring Marina, which will advance LWRP policy 10, Protect Southold's water-dependent uses and promote siting of new waterdependent uses in suitable locations. The intent of policy 10 is to protect existing water- dependent commercial, industrial, and recreational uses and to enhance the economic viability of water-dependent uses by ensuring adequate provision of infrastructure for water-dependent uses and their efficient operation. Policy 10. Protect Southold's water-dependent uses and promote siting of new waterdependent uses in suitable locations. 10.5 Provide sufficient infrastructure for water-dependent uses. A. Provide adequate navigation infrastructure. 1. Protect and maintain existing public and private navigation lanes and channels which provide access to the Town's water-dependent uses. 2. Maintaia necessary public and private channels and basins at depths consistent with the needs of water-dependent uses. If the Agency, Board of Trustees makes a contrary determination of consistency, the Agency shall elaborate in writing the basis for its disagreement with their recommendations Pursuant to Chapter 268 Waterfront Consistency Review. § 268-5. Review of actions. In the event the LWRP Coordinator's recommendation is that the action is inconsistent with the LWRP, and the agency makes a contrary determination of consistency, the agency shall elaborate in writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is consistent with the L WRP policy standards. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. -'[own of South0~ C6SStSZ NC¥ SSWSSrVmNT INSTRUCTIONS 1. , All applicants for permits* including Town of Southold agenc propose, d gctiqns/that ,ar9 subj~9~t.t0 .the Town of Southold assessment is intended to isupplement other informat~(~n making a determination of consistency. *Except mihor exempt actions including Building ?ermtis 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 Progra4'n.; A proposed'action will be evaluated as to its beneficial and adverse effects upon the coastal area (which includes all of Southold Town) · 3. If any question ~n~C on tiffs form is answered "yes", then the proposed action may aflkct the achievement )e, L ,~,. poliCy,standards and conditions contained in the consistency review taw Thus, the/ 'sho. u[.d b~ analyzed in more detail and, if necessary, modified prior to m:tking determin~tio~ at it tis consistent to the maximum ex~ent practicable with the LWRP standards an ~ndition~.. If an action cannot be certified as consistent with the LWRP policy st~ cq n~, it shall not be undertaken. . ~co of ~L , ~0) .` ,.~y_of~ ~le in the following places: online a}.~ .T~own o f Southold s website /~"' (soUtlmTdto~vh.nort~fork.net),/,he Board of Trustees Office, the PI/~ a~. all local B." D E S C p~l:;~,~n~ ~3D p~(j~ph ~"Ifa'~ Clerk'~ ° ffi(~:E D ACTi ON /~~~ L Category o f Town o f Southold:age~cy acti(~n (check 'apPrC~a~nse)h[ ' (a) Action undertaken directly by Town agency (e.g. c~p~italxtc~ c°nstmcti°n' planning activity' agency regulati°n, land trnan~X~/0,~ (b) Financial assistance (e.g. grant: 10an, subsidy)IO- (c) Permit, approval, license, certification: ~ ~ [C..j~ ~ (_,..j~.~ Remove ~63' ~ exjs~ng wooden boardwalk to allow for the re<onstruction of existing bulkhead. Reconstruct 172' of exJ~ng bulkheed by reshe~thJng I~ndward side of bulkhead with ~Eveflast" 2.1 vinyl sheathing. Inst~ll new l'x6' tie rod ends welded into existing becking system tie rods. Reinstall wooden boardwalk in-place a~er bulkhead mconstrucUon is completed. Construct an 8' extension to existing finger pier. Install two new 10' diameter x 30' long support pilings at offshore end, Maintenance dredge an area 50' seaward from the existing bulkhead to a depth of -4.0' below MLW on the east end and progressing to -7.0' below t4LW on the west end. Approximately 350 cubic yards of dredged spoil to be trucked off site' ~ooroved uoland disposal site. ~J ~ apphcatmn for ae prop~ ~on.h~ b~ filed ~ ~ To~ of Sou~old a~noy, th~ followin~ (d) Applica~n n~b~, Y~s ~R~LOPRD CO~T POLICY criteria. Yes No Not ApPlicab~ . A~h addi~o~l sh~ ifnecess~ ................. PoUcy 2. Protect a~d pr~e~e historic ~d archaeological ,r~ources o~ the Towo of Southold. See LWRP S~on III - Po~l~ges 3 ~rough 6 ~or eYaluatlou criteria ~ Yes ~ No~ Attach additional Policy 3. Enhance visual quality and protect scenic resources throughout th6' Town of Southold. See LWRP Section IH - Policies Pages 6 through 7 for evaluation criteria Yes ~ N~ L_] Not Applicable ~ ,'v,~:r~.*~i~.~t,;~.~-~,~-:~:-:'~. ~, Attach additional sheet~ if necessary NATURAL COAST POLICIRS Poilc~ ~. ~iaimize loss of i~ s![~c~ au~ ~atur,a.i re~i~rc~ l~om flo~a~ a~d ~ro~io~. S~e LW~ Yes ~ No ~Not'A~plicable~ .. . / ~? Attach additional sheets ifnecessary Policy 5. Protect and improve water qualit~ and sunnlv in the Tow- ,~ a,~, Po ....... ........ .~,.,..,.,,..., See ,LWRP Section III . ;. ,..:.,~..JA I 4ti..,i.,.~ ......... I I Y~ t J No '~otApplicable~ _ // _// At*ach addilional sheets if necessary Policy 6. Protect and restore the'qualit~'and'functiou-bfthe Town of Southold :ei~Osystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section HI - Policies; Pages 22 through 32 for evaluation criteria. 0[2 Attach additional sheets if necess . Policy 7. Protect and improve air quality in the Town of Southold. Pages 32 through 34 for evaluation criteria. ~-] Y ds [] No~ Not APplicabl~ See LWRP Section III - Policies Attach additional sheets if necessary Policy 8. Minimize environmental degradation !II. T0wn of Southold from solid waste and hazardous sub[_~stances and wasJ[es. See LWRP Sectl0n III - Policies; Pages 34 through 38 for evaluation criteria. Yes [~ N°~pplicable~ 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 Applieabie' ' ' Attach additional sheets if necessary ------------ WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and .suitable locations. See LWRP Se~*~,,.- Tvs ,, .... promote siting of new water-deDen ent r-~ ~ . '""" ,,~- r0~lcles; rages 47 through 56 for evaluation criteria~. uses in ~_~L-.-J No L__J Not Applicable ~ ',. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound,.lhe Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. 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 ev~al~ation criteria. Anach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III -Pollc, ie~4 Pages 65 through 68 for evaluation criteria. ~ Yes ~-~ No~~ Not Applicable _'~ Created on 5/25/05 11.'20 AM Date; July 1, 2008 To: Southold Town Trustees and Mark Terry DEVELOPED COAST POLICTES Policy z Policy 2 Foster a pattern of development in the Town of Southold that enhances community charactar, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal IocaUon, and minimizes adverse effects of development. 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. Preserve historic resources of the Town of Southold. This property has no significant historic resources. Policy 3 Enhance visual quality and protect ~cenic 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 POL/C~ES Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. All proposed construction is on pre-existing structures. The maintenance of these structures 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. There is virtually no vegetation in the project area. The area of shoaling is the proposed dredged area. The shoaling is limiting boat access to the bulkheaded area. The proposed construction is on structures that are existing and only a slight alteration is being made to the existing dock which conforms to neighboring docks. A buffer behind the bulkhead will be maintained to control any potenUal runoff. The area is not a significant habitat. All best management practices will be adhered to during the reconstruction of these structures. Policy 7 Protect and improve air quality in the Town of Southokl. This proposal will not have any impact on the air quality of the Town of Southold. Policy 8 Minimize environmental degradaUon 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. PUBI-[C COAST POLTCZES Policy 9 Provide for public access to, and recreaUonal 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. N~-tructures are existing. The extension of the small catwalk will not put any limitations of public access to coastal waters. WORK/NG COAST POLTCZES 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. 'Policy 11 Policy 12 Promote sustainable use of living marine resources in the Town of Southold. During the initial construction there will be a disturbance to the area. There are no vegetative wetlands in the area. The area is developed and our proposal is reasonable and appropriate ¢or this area. 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. ~-~ ' oo' ~o-~