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Home My WebLink About1000-64.-1-29OFFICE 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: Jim King, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator Date: May 6, 2009 Re: Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland permit for PHILIP & JENNIFER STANTON SCTM#64-1-29 En-Consultants, Inc. on behalf of PHILIP & JENNIFER STANTON requests a Wetland Permit to reconstruct (in-place and raised to 30" above AHW) existing fixed dock, consisting of 6'X 15' walk, 6'X 4' stairs, and 6'X 69' fixed pier; and replace (in-place) existing/previously existing 8" dia. tie-off pilings. Located: 845 Maple Lane,Southold. SCTM#64-1-29 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 us, it is our recommendation that the proposed action is EXEMPT pursuant to § 268-3. 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 ora 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 (CELIA) law where structures may not be replaced, rehabilitated or reconstructed without a permit; In the event that a docking facility is approved, the following (BMP's) best management practices are recommended: 1) Minimize the size of the docking structure to the greatest extent practicable: · to provide for reasonable access to the water body. ,, to minimize the loss of navigable waters and use of underwater lands. to minimize the loss of high and Iow intertidal marsh. · to minimize the fragmentation, impairment and physical loss of wetland habitat~ 2) Require design standards allowing fbr the pass and re-pass by the public lbr accessing trust lands, public waters and the foreshore. 3) Prohibit the use of lumber pre-treated with any preservative, including but not limited to chromated copper arsenate (also known as "CCA"), commercial copper quat (CCQ), penta products, Alkaline Copper Quat (ACQ), or homemade wood preservatives. 4) Use grid decking having greater than 50% light penetration (irradiance) to the substrate. 5) In accordance with § 275-1 l Construction and operation standards;require the applicant to limit the catwalk to 4' wide. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. . Town of Southold A. INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT FORM A ll applicants f0r perm its* including T0wn0fS0uth01dagencies, shallc0mpletethisCCAF for pr0p0sed actions that are subject to the T0wn of S0uth01d W aterfr0nt C0nsistency Review Law. This assessmentisintendedt0 supplement0therinf0rmati0n used byaT0wn0fS0uth01dagency in m a k in g a d ete r m in a ti 0 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. 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- supporting facts. If an action cannot be certified as consistent with the LWRP 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 Planning, all local libraries and the Town Clerk's office. SCTM# ~4 -__ ___ t AP3 2 9 / 1 PROJECT NAME JENNIFER & PHILIP STANTON The Applacation has been submatted to (check appropruate 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: RECONSTRUCT (IN-PLACE & RAISED TO 30" ABOVE AHW) EXISTING FIXED DOCK, CONSISTING OF 6' X 15' WALK, 6' X 4' STAIRS, AND 61X 69' FIXED PIER; AND REPLACE (IN-PLACE) EXISTING/PREVIOUSLY EXISTING 8" DIAMETER TIE-OFF PILINGS, ALL AS DEPICTED ON THE PROJECT PLAN PREPARED BY EN-CONSULTANTS, INC., DATED APRIL 26, 2009. Location of action: 845 MAPLE LANE, SOUTHOLD Site acreage: 5.3234 ACRES Present land use: RESIDENTIAL 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: JENNIFER & PHILIP STANTON (b) Mailing address: 18 ORCHARD STREET, #5 NEW YORK, NY 10002 (c) Telephone number: Area Code212-941-6101 (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 ali 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 Applicahle 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 11I - 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 Ill - Policies; Pages 22 through 32 for evaluation criteria. l Ves No Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [--] Yes [-~No[5~ 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 [5~ 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 ~ NoR Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Po. lily 10. Pro?ct 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 V--] 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 II1 - Policies; Pages 57 through 62 for evaluation criteria. [--] Yes ~ No [~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lauds 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 III - Policies; Pages 65 through 68 for evaluation criteria. ~] Yes [~] No [~ Not Applicable PREPARED BY ROBERT~'MANN TITLEcoASTAL MGMT SPECIALIST DATE 4/28/09 Amended on 8/1/05 Tn SEE SHEET 2 OF 3 FOR PLAN VIEW Tow~ Creek POR PHILIP ~ J~NNIfeR Sl'ANTON ON TOWN CI~UK, SOLtll-tOL. l~, SLIPPQt. K COUKi'FY. H~W YORK 8' PILE TO REPLACE EX. PILE (IN-PLACE) TO BE RECONSTRUCTED (IIYs~LACE) . / ~ 8' PILE TO~PLACE --6' 1' = 40' PROPO~P POCK I~CONFlI~,LIC110N FOR PHILIP ~ J~NNIFt~R 5fANI'ON ON TOWN C~K, f::OLITHOL. P, ¢~PPOLK COUNTY, N~W YORK EN-CONSULTANTS, INC. ENVIRONMENTAL CONSULTING 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com April 28, 2009 Mark Terry, LWRP Coordinator Planning Board Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Jennifer and Philip Stanton~ 845 Maple Lane~ Southold 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 reconstruct in the same location an existing, legally permitted fixed dock on the captioned property (copies of wetlands permits attached). I have indicated that all policies are "Not Applicable" because pursuant to Town Code {}268-5 ("Review of Actions") and the corresponding definfions of "action" and "minor action" by §286-3 ("Definitions"), the project meets the following definitions of minor action and is thus not subject to waterfront consistency review pursuant to Chapter 268: 1. "A. Maintenance or repair involving no substantial changes in an existing structure or facility;" 2. "B. Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to ,meet building or fire code, except for structures in areas designated by ~the Coas~igxn\Haz~rd Area (CE~,H~,) where structures may not. be replaced, rehabilitat~n~~hout a permit. -q ' Co~tal Management Spe~alist ce: Lauren Standish, Bo? of Trustees " ~__~.....~