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HomeMy WebLinkAbout1000-35.-4-28.33 O~'~'ICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Jim King, President Town of Southold Board of Trustee~ From: Mark Terry, Principal Planner LWRP Coordinator Date: November 17, 2009 Re: Proposed Wetland Permit for BLUE MOON PARTNERS, LLC CIO RANDALL FAIRHURST MP SCTM#1000-35-4-28.33 En-Consultants, Inc. on behalf of BLUE MOON PARTNERS, LLC CIO RANDALL FAIRHURST MP requests a Wetland Permit to construct approx. 143 If. of vinyl bulkhead in place of existing timber bulkhead (including 6' and 10' returns); remove existing concrete pad; replace flagpole; construct 5'X 7' platform off bulkhead in place of existing 8'X 7' platform; replace (in-kind and 3' closer to bulkhead) 3'X 12' ramp and 6'X 40' float; and maintenance dredge 15'X 80' area located 5' off bulkhead to a maximum depth of -5' ALW (with maximum 1' ovemut) and use approx. 45 cy. spoil as backfill landward of new bulkhead; and to Transfer Permit #5347 from John Casillo to Blue Moon Partners, LLC, as issued on May 24, 2001. Located: 360 Wiggins Lane, Greenport. SCTM#35-4-28.33 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 provided that the following recommendations to further the below listed policies are implemented. To further Policy 5, "Protect and improve water quality and supply in the Town of Southold" and protect and improve the water quality and supply in the area; the following best management practices are recommended: 1. Require the installation of a silt boom during construction or structures pursuant to: § 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 dudng 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 .~<~sp_ended sediments within the immediate proiect area. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action Cc: Lori Hulse, Assistant Town Attorney EN-CONSULTANTS, INC. ENVIRONMENTAL CONSULTING Mark Terry, LWRP Coordinator Planning Board Town of Southold P.O. Box 1179 Southold, NY 11971 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www.enconsultants.com October 20, 2009 Re: Blue Moon Partners~ LLC~ 360 Wineins Lane, Greenoort .~_x ~'~. / Dear Mr. Terry: / / Attached please find an LWRP Consistency AsSessment Form which is being submitted in association with an application to the Board of T~stees for a Town Wetlands Permit to replace (in-place) an existing tintber bulkhead and flo~ting dock and to maintenance dredge an area previously maintenance cli~dged pursuant to ~/etlands Permit No. 5347, which was issued on \ / I have indicated that all polices are "Not Al~plicable" because pursuant to Town Code §_2,68-5 ("Review of Actions") and th~ corresponcl/ng definitions of "action" and "minor action by §286-3 ("Definitions"),..the proJ~'ct meetspne, or more o.f the following definitions of minor action and is thus not subject to w~er~on~onsistency review pursuant to Chapter 268: 1. "A. Maintenance or repair in-~7olving 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 code, except for structures in areas designated by the Coastal Erosion Hazard Area (CEHA) where structures may not be replaced, rehabilitated, o[. [eg~ without a permit." "GO. Bulkhead to ~'eXistmg b_?ch~.~e~e~d~~heant's property in the same ~,? Uv .... B ~tfully yours, ,., ,., .... C~ 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 Tow n of Southo[d agencies, shall corn plote this C C A F for proposed actions that are subject to the T ow n of S 0uth01d W aterfr0nt C 0nsisten cy Review L aw. T his assessmentisintendedt0supplement0therinf0rmati0nusedbyaT0wn0fS0uth01dagencyin m a k in g a d e t e r m i n 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. 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- su~oortin~ facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# 35 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 28.33 PROJECT NAME BLUE MOON PARTNERS, LLC 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 ~1 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 143 linear feet of vinyl bulkhead in place of existing timber bulkhead (including 6' & 10' returns); remove existing concrete pad; replace flagpole; construct 5' x 7' platform off bulkhead in place of existing 8' x 7' platform; replace (in-kind & 3' closer to bulkhead) 3' x 12' ramp and 6' x 40' float; and maintenance dredge 15' x 80' area located 5' offbulkhead to a maximum depth of -5' ALW (with maximum 1' ovemut) and use approximately 45 cubic yards spoil as backfill landward of new bulkhead, all as depicted on the project plan prepared by En-Consultants, Inc. dated 10/16/09. Location of action: 360 WIGGINS LANE, GREENPORT Site acreage:. 0.655 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: BLUE MOON PARTNERS, LLC (b) Mailing address: C/O RANDALL FAIRHURST, MD 1 CAPI LANE, PORT WASHINGTON, NY 11050 (c) Telephone number: Area Code516-883-2122 (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 [~ 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 8 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 Ap~icable 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[~ 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 RO~E. HERRMANN -- TITLEcoASTALMGMTSPECIALIST DATE 10/23/09 Amended on 8/1/05 LANE 135.00' 5L1~£C1' ~Of~lelY ANP P6'i~?HN~ C,~) 1" = 30' 1-1/2 STORY FRAME HOUSE & GARAGE i 10' RETURN TO BE REPLACED WITH VINYL ADJ. BLKHD. 7' PLATFORM TO BE CONSTRUCTED PLACE OF' EX. 8' X 7' PLATFORM ___- APPROX. UMIT OF fO BE BULKHEAD OUTUHE TO BE ~ROPOSED LOCATIONS OF RAMP, FLOAT, AND (2) 8~' PILES PROPOSED +127 LF. OF' VINYL BULKHEAD TO BE 0 CONSTRUCTED IN PLACE OF EX. TIMBER BULKHEAD 6' RETURN TO BE REPLACED WITH 15' x 80' AREA TO BE MAIHTEHAHCE DREDGED TO A MAX. DEPTH OF -S' ALW (MAX. 1' OVERCUT) FORDHAM CANAL y/o.. r D. ~: R. 'O~AVA~'I$ 199.07' R. · A, WIgC~ORNK ~C110N 11-1RLI II',I-FLAC:[~ PLILIq-IP.~ ~PL,~I~M~NI' ANP MAINll~N/~C~ _~ (var,)' -, ~ 6' PLOAf PRCTP, VINYl. [~KI~, IN PL,'~C[~ OF ~×1511N~ -- ,N.W" O' -12' t~N. i/4. ir ~.~), VIkhL .q'IF. AfHIN5 ~ 20' FIL~5 (/vV~X, -,5'ALW W11'H I' OV~RCLID: APPROX 4P C~ 5POLL 1'0 P~ LF~P ON-~ A5 BN::KFibL PROPO~P MAINI1~NANC~ PI~P~ilI',~ POle PL. LIP. MOON PAIDNP. RS, LLC ON POIqg~ CANM., ~i~l{.NFOler, ~JPPOL. K C0,, NY 5H~f 2 OF 2 I0/t6/O~