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Home My WebLink About1000-86.-6-8 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 Jim King, President To: Town of Southold Board of Trustees// From: Mark Terry, Principal Planner LWRP Coordinator t.~' Date: February 17, 2010 Re: Proposed Wetland Permit PATRICIA & AUSTIN LANCE LAWTHER SCTM#1000-86-6-8 En-Consultants, Inc. on behalf of PATRICIA & AUSTIN LANCE LAWTHER requests a Wetland Permit to construct approx. 85 linear ft. of vinyl bulkhead in place of existing concrete bulkhead; construct a +/-10' westerly return and a +/-12' easterly return in place of existing 7' easterly return; backfill with approx. 25 cy. of clean sand to be trucked in from an upland source; replace (in-place) an existing dock structure consisting of a 3'X 18' fixed timber catwalk, 3'X 12' hinged ramp, and a 6'X 18' float secured by (2) 8" diameter pilings; and replace (in-place) 3'X 12' steps off dock. Located: 705 Wood Lane, Peconic. SCTM#86-6-8 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 below Policy Standards and therefore is CONSISTENT with the LWRP provided that the following best management practice is required. In the event that the action is approved; to further Policies 5. Protect and improve water quality in the Town of Southold, 6.3 Protect and restore tidal and freshwater wetlands and Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. It is recommended that the Board require that the silt boom be deployed during the construction of the structure pursuant to: § 275-11 Construction and operation standards. A. General. The following standards are required for ali operations within the jurisdiction of the Trustees: (2) Erosion control. Installation of an erosion control structure is necessarF 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 9f 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 tha! will retain all suspended sediments within the immediate project 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 A EN-CONSULTANTS, INC. ENVIRONMENTAL CONSULTING 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants,com Mark Terry, LWRP Coordinator Planning Board Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Patricia and Austin Lance Lawther~ 705 Wood Lane~ Peconic January 19, 2010 ttl /. , , .'/ t z 6 20 0 L/4 Attached please fred 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 replace (in-place) an existing bulkhead and permitted dock in the same location, as depicted on the project plan prepared by En-Consultants, Inc., dated January 19, 2010. I have indicated that ail 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 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 substantiai 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, or reconstructed without a permit." 3. "GG Bu~e~ to replace existing bulkhead on the a licant's property in the '. o~.~ .... · . , ; , .~.. PP locatl6n with a'Silt' curtmn emplo3;ed ~llirlng,~.~stmction." cc: Lauren Standish, Board of Trustees Respectfully yours, Robert E. Herrmann Coastal Management Speciaiist sanle t Town of Southoid A. INSTRUCTIONS l, LWRP CONSISTENCY ASSESSMENT FORM A II applicants for perm its* including T ow n of S0uthold agencies, shall c0m plete this C C A F for proposed actions that are subject to the Town of S0uth01d W aterfront Consistency Review Law. This assessmentisintendedtosupplement0therinf0rmati0nusedbyaT0wn0fSouth01dagencyin m a k in g a d e to r m in a tin n n f c n 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. Bt SCTM# 86 6 _ 8 PROJECT NAME PATR1CIA & AUSTIN LANCE LAWTHER The Application has been submitted to (check appropriate response): 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 Plannin~¢p_artment, all local libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION ~., TownBoard ~] Planning Board[--] 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: [5~ Nature and extent of action: Construct approximately 85 linear feet of vinyl bulkhead in place of existing concrete bulkhead; construct a +/-10' westerly return and a +/-12' easterly return in~' easterly return; backfill~,4tlr~roximately 25 cubic yards of clean sand to be trucked in from a~ up~a,nd sourf, e'Tre~ce (hn-plac~'an existing dock~r-u'~re consist~g of a 3'x 18' fixed timber catwalk, 3'x 12' hinged ramp, and a 6 x I8 float s~ured by (2~)8e~ameter pilings;/fit~ reptace (in-pla/3"x 12' steps off dock, all as depicted on the project plan prepared by En-Consxlttam. s;4ff6., dated January 19, ~10. //e/ Location of action: 1215 LOVE LANE, MATTITUCK Site acreage: 0.553 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: PATRICIA & AUSTIN LANCE LAWTHER (b) Mailing address: 1380 GARDINER DRIVE BAY SHORE, NY 11706 (c) Telephone number: Area Code 631-665-5985 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [~ No [5~ 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 ~'~ 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 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 V'~ No ~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Po. licy 10. Pro. tect Southold's water-dependent uses and promote siting of new water-dependent suitable locations. See LWRP Section III - Policies; Pages 47 through 5i; for evaluation criteria. ~] Yes ~] No E~ 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 [5~ 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 III - Policies; Pages 65 through 68 for evaluation criteria. ~] Yes ~] No [5~] Not Applicable PREPARED BY R H~ER~ ROBE ANN TITLEcoASTAL MGMT SPECIALIST DATE 1/22/10 Amended on 8/1/05 RICHMOND CREEK 6' x 18' FLOAT WIT? (2) ,8" PILES; 3;' x 12'...EAMP; 3; x 18' FIXED WALK; AND 3 x 12 STEPS TO B..~PLACED (IN-PLACE) APPROX. 85 L.F. OF~IN~I/L*BULKHEAD TO BE IN~c~.ACI~OF*EX. CONCRETE BLKHD. .,, . ~ETURN IN PLACE ,*'" OF RETURN FI.~OPOLE PROPOSED 10'x VINYL RETURN FRAME t) F'urlx~: Mair~ain~r~ bulkh~ S ~ ' ~) ~r~ I~: 70~ W~ L~. P~ic: ~N-CONSULTANTS lNG. ' ~ ~oor ~E; 1319 NORTH SEA ROAD (~o~ SOUT~MPTON, NY ] ] 968 63]-283-6360 ~noH 'X~ ~ ~ PROPOS~P t~PLACI~/V~NT OF BLIUI(Ht~AP ANP POCK FOR PAI~IClA ANP AUSTIN !.ANC~ LAWrHI~I~ ON tqCHMONP P~¢ONIC, f~PPOLK COUN1Y, NY q'EP-fl OPt 1/19/10