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HomeMy WebLinkAbout1000-144.-5-30.1 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. 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: Jill Doherty, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: April 19, 2010 Re: Proposed Wetland Permit for KEVlN McGILLOWAY SCTM# 1000#144-5-30.1 En-Consultants, Inc. on behalf of KEVlN McGILLOWAY requests a Wetland Permit to construct approx. 25 If. of vinyl bulkhead and a +/-4' return in place of existing concrete bulkhead and backfill with approx. 1 cy. clean sand fill. Located: 430 Sailor's Needle Rd., Mattituck. SCTM#144-5-30.1 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 EXEMPT from LWRP review pursuant to.' § 268-3. Definitions. MINOR ACTIONS item "GG" which states: GG. Within all Town creeks, replacement of existing bulkhead on the applicant's property in the same location with a silt curtain deployed prior to and during construction; Cc: Lori Hulse, Assistant Town Attorney EN-CONSULTANTS, INC. ENVIRONMENTAL CONSULTING MarkTerry, LWRPCoordinat°r, ,~ APR -2 / Planning Board Town of Southold P.O. Box 1179 Southold, NY 11971 Attached please find an LWRP Consistency Assessment F°nn ~ subtn~ain~q ermit orenl ce association with an application to the Board of Trustees for a Town Wetlands Perrmt to rep ace an existing concrete bulkhead in approximately the same location (the new bulkhead will be located slightly farther landward) with a vinyl bulkhead, as depicted on the project plan prepared by En-Consultants, Inc., dated March 19, 2010. 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com I have indicated that all policies are "Not Applicable" because pursuant to Town Code {}268-5 (''Review of Actions") and the corresponding definitions of "action" and "minor action" by §286-3 ("Definitions"), the project meets one or more of 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 slructure 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, or reconstructed without a permit." 3. "GG. Bulkhead to replace existing bulkhead on the applicant's property in the same location with a silt curtain employed during construction." cc: Lauren Standish, Board of Trustees Respe ly yours, R. emxmnn' Coastal Management Specialist Town o~ Southold A. LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS 1. A II applicants f0r perm its* including T 0w n 0f South01d agencies, sl'~all c0m plete ;his C C A F f0r proposed actions that are subject ~o the Town of S0uth01d W aterfr0nt Consistency Review Law. This assessmentisintendedtosupplementotherinf0rmation used byaTownofS0uth0[dagency in m a k i n g a d e t e 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,4 rea. 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° su0oortin~' facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# 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 144 5 - 30.1 PROJECT NAME KEVIN McGILLOWAY The Application has been submitted to (check appropriate response): TownBoard [---] PlanningBoard~] Building Dept. ~] BoardofTrustees[~ 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 25 linear feet of vinyl bulkhead and a +/-4' return in place of existing concrete bulkhead and backfill with approximately 1 cubic yard clean sand fill, all as depicted on the project plans prepared by En-Consultants, Inc., dated Mamh 19, 2010. Location of action: 430 SAILORS NEEDLE ROAD, MATTITUCK Site acreage: 0.556 ACRE 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: KEVIN McGILLOWAY (b) Mailing address: 100 GLENLAWN AVENUE SEA CLIFF, NY 11579 (c) Telephone number: Area Code 516-759-2628 (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 II1 - 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 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 Ill - 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 suitable locations. See LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. ~] Yes ~] No [~ Not Applicable uses in 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 [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 ~-~ ROBERT E. HERRMANN TITLEcoASTALMGMTSPECIALIST DATE 3/23/10 Amended on 8/1/05 ~C110N ft-tRIJ RBPLACBMBNT OF CONCI~11~ P~Iq-IB.AP VVIfH VINYl. APPROX. 25' OF DAMAGED CONCRETE BULKHF..N) TO BE I~MOMED PROPOSED +25' VINYL BULKHEAD TO BE CONS'~UC~D IN PLACE OF EX. CONCRETE WNJ.. TO BE REMOVED DISTURBED AREAS OF MARSH TO RE~3~ ~ S. ALTIE'~NIRORA (18 PROPOSED 4' RETURN 4 1" = 40' EX. C~NCRETE BULKHEAD / / ~/o/~_ jEANNZ P. MARRINER ~OPOS~P I~.P!./~I~N!I~NT OF PAN~N~P 5~CT1ON OF CONCI~IT. I~U.I(J-I~AP WI11-I WITH VINYl. BLLIEH~AP POI~ I~VIN JV~CCilI. I. OWAY ON JAM~5 CI~.~K, MAqTIJ~K, 5LFFOL. K COUNI'Y. NBW YOt~ 9airier 1 Of t 9/19/I0