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Home My WebLink About1000-138.-2-25 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: Jim King, President Town of Southold Board of Trustees ~' From: Mark Terry, Principal Planner ~ LWRP Coordinator Date: February 18, 2010 Re: Proposed Wetland Permit for MARTIN KOSMYNKA SCTM#1000-138.-2-25 The action is located within Cutcho.que Harbor Wetlands; a Significant Fish and Wildlife Area and NYSDEC Critical Environmental Area. MARTIN KOSMYNKA requests a Wetland Permit to construct a dock consisting of a 3'X 8' ramp and 3'X 28' fixed dock with a ladder at the seaward end, and a piling and pulley system. Located: 5800 Skunk Lane, Cutchogue. SCTM#138-2-25 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 proposed action meets the policies and sub-policies, as outlined below. Policy 5. Protect and improve water quality and supply in the Town of Southold. The plans do not specify the use of pesticide treated wood materials (if any). It is recommended that in the event the dock is approved and to further the above policy, the Board prevent the use that the below stated materials including the used of chromated copper arsenate (CCA) treated wood in the construction of the structure pursuant to § 275-11. B,1 (f) Construction and operation standards below. In order to prevent the re/ease of metals and other contaminants into the wetlands and waters of Southold, the use of lumber treated with chromated copper arsenate (also known as "CCA"), creosote, penta products or homemade wood preservatives is prohibited for use in sheathing and decking. Preservatives of any type, including but not limited to those listed above cannot be applied to any bulkheads, retaining walls or revetments after installation. Encapsulated pilings or native non- chemically treated (untreated) lumber only should be used in ~ensitive areas. The deployment of a silt boom is not shown on the plan. It is further recommended that the Board require the installation of a silt boom (where and if practical) pursuant to § 275-11. (2) Construction and operation standards below. 2) Erosion control. Installation of an erosion control structure is necessary du~ng any building, grading, landscaping or site work activity within Trustee jurfsdiction. 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 suspended sediments within the immediate project area. Further, the applicant has not clearly demonstrated that the prOposed project meets the following standards. It is recommended that the Board require the applicant to provide additional information to allow the Board to assess whether the dock will have any of the harmful effects. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction (d) 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: [1 ] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, she#fishing, waterskiing and other water- dependant activities; [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; [4] Whether the dock will significantly impair the use or value of waterfront property adjacent to or near the dock; ~ [5] · Whether the dock will cause degradation of surface water quality and natural resources; : [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; [7] Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia maritima) or shellfish; [8] Whether the dock will unduly restrict tidal f/ow or water circulation; [g] Whether the dock will be safe when constructed; [1 O] Whether the dock will adversely affect views, viewsheds and vistas important to the community; [11] Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design., construction, and location of the dock will minimize cumulative impacts; .and [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. 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 1. All applicants for permits* including Town of Southold agen~etes, _shall. 6~mpl~6 .this ?C_AFdo:r proposed actions that are subject to the Town of Southold Waterlxont Consiste~Yz/Re~e.w' t.aw. ~m.s assessment is intended to supplement other information used by a Town ot~Southold agency m making a determination of consistency. *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). 3. If any question in Section C on this fo~ is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standard~ and conditions contained in the consistency review law Thus each answer must be explained in detail~ listin~ both suooortino and non-/ supoorfln~ facts. ~f an action cannot be certified as consistent with the LWRP policy standards ~a- conditions, it shall not be undertaken. ,/~,. A copy of the LWRP is available in the following places: online at the Town of Southol~ s website (southoldtown.northfork.net), the Board of Trustees Office, the Plapning Dep~ent, all local libraries and the Town Clerk's office. '\~ // B. DESCRIPTION OF srrE AND PROFOSED ACTION ~-~- / ~, The Application has been submitted to (check appropriate response): TownBoard ~-~ Planning Board ~ BuildingDept ~ BoardofTrustees [] Category of Town of Southold agency action (check gppropriate 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: 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: /r~/~ (b) Mailing address: / ? ~ (c) Telephone number: Area Code ~ 7 ~ t:/ - /7/t:'' ~" q (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~No[~ Ifyes, whic sta~gor federal agency? /)~7.~ ~/~ t~/~/ '~T"~t/?~- . C. Evaluate the project to the following policies by analyzing how the project wffi 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 IH - 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 ' Poli~cies Pages 3 through 6 for evaluation criteria ~ Yes ~7~ No ZNot Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section IH - 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 Pa. ges 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 Ill - 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. V~ Yes V-~ No ~--/~Not Applicable At~ach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes.~ee LWRP Section III - Policies; Pages 34 through 38 for evaluation eriteria. I [Yes I INol INotApplieable 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. ~ Ye..'~-~ No ~'/Not A-,qicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southoid's water-dependent uses and promote siting of new water-dependent uses in suitable locations Se~ LWRP Section III- Policies; Pages 47 through 56 for evaluation criteria. ~ Yes [] NO~ NOt Applicable Atlach 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 HI - 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 III - Policies 65 through 68 for evaluation criteria. L_J Yes ] I No I I NotApplieable PREPARED BY~ TITLE DATE ///f~?/~) Ne~v York State Department of Environmental Conservation Division of Environmental Permits SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 Telephone (631) 444-0403 Pacsimile (o3~} ~-0300 Alexander B. Granni$ Commissioner Mr. Martin Kosmynka 1985 Pine Tree Road Cutchogue, NY 11935 January 15, 2010 RE: 1-4738-03913/00001 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Environmental Analyst SLA/ls Enclosure NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03913 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: MARTIN KOSMYNKA 1985 PINE TREE RD CUTCHOGUE, NY 11935 Facility: KOSMYNKA PROPERTY 5800 SKUNK LN CUTCHOGUE, NY 11935 Facility Application Contact: ALPHA CONSULTING PO BOX 1602 RIVERHEAD, NY 11901 (63 l) 477-0444 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Facility Principal Reference Point: NYTM-E: 713.596 NYTM-N: 4543.51 Latitude: 41000'53.3" Longitude: 72027'35.3`' Authorized Activity: Construct dock consisting ora 3' x 8' ramp and 3' x 28' pier with a ladder at the seaward end. Install piling and pulley systm. All work must be done in accordance with the attached plans stamped "NYSDEC Approved" on January 15, 2010. Permit Authorizations Tidal Wetlands - Under Article 25 Permit 1D 1-4738-03913/00001 New Permit Effective Date: 1/15/2010 Expiration Date: 1/15/2015 Water Quality Certification - Under Section 401 - Clean Water Act Permit ID 1-4738-03913/00002 New Permit Effective Date: 1/15/2010 Expiration Date: 1/15/2015 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. Permit Administrator: GEORGE W HAMMARTH, Deputy Regional Permit Administrator Address: NYSDEC REGION 1 HEADQUARTERS SUNY ~ STONY BROOK150 CIRCLE RD STONY BROOK, NY.~l~l,790 -3409 ~,.// Page 1 of 6 CROSS SECTION Prepared by: ALPHA ql CONSULTING Date: ~.. ?_C). Scale: NOT 'T'O SCTM~ Ko5 ~y.r,cK..n. ]~T -r c_T 95-20-1 (11/03)-9d New York State Department of Environmental Conservaticn NOTICE The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conserw~tior~ Law for work being conducted at this site. For fu 'the~ information regarding the nature and extent of the appn)ve¢ work and any Department conditions applied to the appr, wal contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DE.C. Permit Number Expiration Date Regional Permit Adrninislrato~ NOTE: This notice is NOT a permit 5LO I'ES: ~. F~R~ ZONE ^E (£c, S) 2, ELEVATIONS SHOWN REFER (FORUERLY USC ~ OS DATUU) ~E EXIS~N~ OF RI~ OF W~ AND/~ EA~MEN~ ~ RECORD GUARAN ~ED. TO THIS SURVEY IS A~. VIOLA TION OF SECTION 7209 OF THE NEW YORK STATE £DUCA TION LA W. UTILITY COPIES OF THIS SURVEY MAP NOT 8EARINg.. p-