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Home My WebLink About1000-117.-5-51.1 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: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: January 15, 2010 Re: Proposed Wetland Permit for FREDERIC ENDEMANN SCTM#1000-117-5-51.1 J.M.O. Environmental Consulting on behalf of FREDERIC ENDEMANN requests a Wetland Permit to resheath approx. 36' of timber bulkhead with vinyl sheathing, construct approx. 160' of Iow sill timber bulkhead utilizing vinyl sheathing and to plant area with Spartina Alterniflora 12" on center. Located: 840 Old Harbor Rd., New Suffolk. It is recommended that the Board evaluate the placement or elevation of the spartina altemifiora in relation to the AHW. Normally, ve.qetation is planted landward of a Iow sill bulkhead. A Ion.q term survival requirement for the planted veqetation is also recommended. 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 sub-policies 6.3, and outlined below. 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 Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. 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. 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 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 of the erosion control structure(s) shall be determined by the Trustbes 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. 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 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for p~tmlts* including Town of Southold agencies, ahall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfiont Consistency Review Law. This assessment is intended to supplement othex infonmtion used by a Town of Southold agency in making a detenninatien 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). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the ennsistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditens. If an action emmet be certified as consistent with the LWRP policy slandards and conditions, it shall not be unde~aken. A copy of the LWRP is available in the following phcea: online at the Town of Southold's website (southoldtown.norflffork.net), the Board of TruCa~ Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIFrlON OF SITE AND PROPOSED ACTION TownBoard ~ Planning Dept. [-~ Building Dept. [] Board of Trustees '~ -o I. Category of Town of Southold agency action (check appropriate response): construction, planning activity, agency reglllafion, land tran//~/iction) . (b) Financial assistance (e.g. grant, loan, subsidy) ' (c) Permit, approval, license, certification: ~/ Nature and extent of action: t i Applicant proposes to resheat~ aD.rex. timber bulkhead with vinyl sh~ath~fi~'~:~t~*~construct approx. 160' of low ~11 bulkhead utilizin~ v±ny1 sheathinq and plant area ~±th Spartina Altern±flora 12 on center. Location of action: Site a~enge:. 840 Old Harbor Road, New Suffolk 1.145 ac. Present ~and use: Bocking Present zoning classification: R- 40 If an application for the propo~d action has been filed with the Town of Southold agency, the following (a) Name of applicant: Frederic Rndemann Co) Mailing address: PO ~ox 745 Culzhogue, NY 11035 (c) Tel~hone numbe~. Anm Code (). (d) Application numbe~, if any: unknown Will the a~ion be dkecfly unde~ake~ ~quim funding or aol~mval by a ~ate or federal agency? Yes ~] No[--] Ifyes, which state or federal agency? ~IygnRc 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 minlmi~$ adverse effects of development. See LWRP Section IH - Policies; Page 2 for evaluation criteria. ~'~ Yes ~'~ No [] Not Applicable of th~ community: ~hal] nn~ impa~ open ~pa~ an~ m~k~ a beneficial uso of it's coastal loeaeton_ It is folt that project is consistent with this Policy. Armch additional sheem if necessary Policy 2. Protect and preserve hi~torie and arehaeoingkal resom'ees of the Town of Son, hold. See LWRP Section IH- Policies Pages 3 thrnngh 6 for ev~inotian criteria [] Yes [-~ No [--] Not Applicable The project as proposed shall harm no impnct.q ~]pon thm hi.qtmrim or archaeoloqical resources of the Town of Southold, It is felt that this project is consistent with this Policy. Attach additional sheels if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southoid. See LWR~ Section IH - Policies Pag~ 6 through 7 for evaluation criteria [~Yes [] No [] Not Applicable ' The project as proposed shall have no impacts upon the visual quality or scenic resources of the Town. It is felt that this project is consistent with this Policy. Attach ad~fion~ sheem if necessa~ NATURAL COAST POLICIES Policy 4. !~linirai~e loss of life, ~t,-uctures, and natural resources from flooding and erosion. See LWRP See~Yes- Policies Pages 8 through 16 for evaluation criteria [] No [] Not Applicable-- The shoreline at the project site is slowly eroding into the adjacent "canal". Historicallv. oyster shells had been placed on the eording bank to stabilize the shoreline. The shoreline has now further eroded and the shells are now being wasted into the canal. The project has been designed to be limited to the minimum size necessary to protect the site and vegetative methods have been included in the design to further protect the shoreline A~chaddifio~lsh~ffnec~ssar~tO mitigate t~e pro, eot. It is ~elt that this project is consistent with this Policy. Policy 5. Protect and improve water q,,~ and supply ~ the Town of Sonthoid. See LWRP Section IH - Poli/ies Pages 16 through 21 Mr evaluation criteria F~wt~_.l Yes ~ No [-~Not Applicable- Th~ p~mj~m~ ag prnpn~8 ~h~ll h~va no negative impacts upon the quality or ouantitv of potable water in Southold Town. it is felt that this project is consistent with this Policy. Attach addilional sheets if necessary Policy 6. Protect and restore the q,mllty and function of the Town of Southold ecosystems includino- Sioonificant Coastal Fish and Wildlife Habitats and we4lnnds. See LWRP Section HI - Policies; Pages 22 thr~y~ for evaluatiou criteria. [-~ No ~-~ Not Applicable The project as proposed should not result in the physical loss ~ d~qra~ion of the ecoloqlcal components of the canal. The project should not impact vulnerable fish, wildlife or plant species or any rare ecological communities. The proposed planting or intertidal marsh grasses (~partina Alterniflora) shall provide increased habitat.%t is felt that this proiect is consist ent with this Policy. Attach additional sheets ff necessary Policy 7. Protect and improve air qn~lity in .the TOWll of Southold. See LWRP Section III - Policies Par~ through 34 for evaluation criteria~ ~_~ Yes [] No ~-~ Not Applicable The project as proposed shall have no impact upon air quality in the Town of Southold. It is felt that thin project .iv oonmistent with this policy. AUach additional sheets if necessary POlicy 8. Minimi,~ environmelltal degradation in Town of Southold from solid waste and h~,~rdous substances and w~See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~-~ Yes ~ No~t~ Not Applicable-- It is felt that this Policy is not applicable to this project. Because the project does not invo]v~ eh~ ~ of ~ of sol~d waste and hazardous substances and wastes. 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 IH- Policies; Pages 38 through 46 for evaluation criteria. ~'/Ye~ No [] Not Applicable The project as proposed shall have no imPact upon the public access to or the recreation use of coastal waters puDllc lan~s or the public resources of the Town of Southold felt that eh~ p~j~e ~ o~-~istent with this Policy. A~ch additional sheets if n~ssary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in YeslOCa ons. see LW r sec~on IH- Policies; Pages 47 through 56 for evaluation criteria. [] No [] Not Applicable The project as proposed shall have no negative impacts upon Southold's water-dependent uses. It is felt that this pro3ect is consistent with this Po±icy. Attach additional sheets if necessazy Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Pecanic Yesand Town waters. See.LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~-~ No ~ NotApphcable The project site currently promotes the use of living marine r~nn,~rm~m ~n the Peconic Bay system. It is felt that this project is conmistent with this Policv. Attach additional sheets ff necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section HI - Policies; Pages 62 through 65 for evMu~tion criteria. ~ Yes [] No~lLI Not Applicable Since the. project does not involve the use of agricultural lands, it is felt that this Policy is not applicable to this proj e~t Attach additional sheets ff necessary Policy 13. Promote appropriate use and developm..ent of energy and mineral resources. See LWRP Section HI - Poficies;/Pages 65 through 68 for evaluation criteria. ~'~ Yes [] Norr~l-rI Not Applicable Since the pro~ect does not involve the development of or use or energy or mineral resources it is felt that this Policy is nct app!ic~b!e to ,h~ prnj~_ Created on 5/25/05 11:20 AM GRADE OF BANK Applicant: Frederic Endemann Purpose: Erosion control Location: 840 Old Harbor Road Datum: Apparent Low Water Locus: 72f'28'21.70"W 40'59'44.13"N S.C.T.M.No. 1000- I 1 ?-05~51.1 · IDaC 'o°~ ,,, TOE OF BLUFF WHALER SCALE I% 2'~ AREA TO BE PLANTED WI~H SPARTINA ALTERNIFLORA 12 O.C. AHW~ 2,5/ "'". A~.W o ~OTTOM Applicant proposes to resheath approx. 36' of existing timber bulkhead with vinyl I sbeathing, to construct approx. 160' of low sill bulkhead utilizing vinyl sheathing and I plant area with Spartina Altemiflom 12" on center. At Old Harbor Road, New Suffolk, ~Town of Southold, Suffolk County, New York. SHEET 2 OF 2, ~ J9°5B'O0'' N CELIA ~*wiTI~E~ 30" W 145.~ // SURVEY OF PROPERTY ~q / TUA T£ NEW SUFFOLK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-117-05-51.1 SCALE 1"=20' JUNE 22, 2009 AREA = 49,888 sq. ff. 1.145 ac. l THE EXISTENCE OF RIGHTS OF WAY AND/DR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED, "" NYS Lm No, 50467 Nathan Taft Corwln III Land Surveyor PHONE (631)727-2090 Fox (831)727 1727 29-14( ? EX. DOCK5 AREA TO BE PLANTED SPAPTI NA ALTERNIFL IZ' O,C. RAYNOP~ SHED Applicant proposes to resheath approx. 36' of existing timber bulkhead with vinyl sheathing, to construct approx. 160' of low sill bulkhead utilizing vinyl sheathing and plant area with Spartina Akemiflora 12" on center. At Old Harbor Road, New Suffolk, Town of Southold, Suffolk County, New York. APPLICANT: FREDERIC' LOCATION: 840 OLD HARBOR I DATE: 5.C,T.M.N O, IOOO -117 - O5-51. I ENDEMANN NEW SUFFOLK /~¢,~ '0'~ J.MO, RONM' TAL N.Y-