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~