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HomeMy WebLinkAbout1000-37.-4-17 O~'~]CE 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: Jill Doherty, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: May 16, 2011 Re: Proposed Wetland Permit for GARDINER'S BAY HOMEOWNERS ASSOC. SCTM#1000-37-4-17 Costello Marine Contracting Corp. on behalf of GARDINER'S BAY HOMEOWNERS ASSOC. requests a Wetland Permit to maintenance dredge, via clamshell, the 25'X 930' channel area located within Spring Pond to a depth of -4' below MLW. The 1000 cy. of resultant dredge material to be placed above high water northeast of the channel inlet along Odent Harbor and used as beach nourishment. Located: Dredge Area #2 Spring Pond, East Marion. SCTM#37-4-17 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 with the LVVRP provided that the Board considers the following: The following best management practice is required. § 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 necessar7 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 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 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 GARDINER'S BAY HOA - DREDGE AREA Town of Southoid LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS o All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in 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). o 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 consistency 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 conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.norflffork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION i 37 4 17 ~: ;i :- ~ SCTMg The Application has been submitted to (check appropriate response): :" TownBoard ~ Planning Dept. ['-] BuildingOept. V'-] 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: Maintenace dredge, via clamshell, the 25'x930' channel area located within Spring Pond to a depth of-4' below MLW. The 1000 cubic yards of resultant dredge to he place above high water northeast of the channel inlet along Orient Harbor. Location of action: GARDINER'S BAY ESTATES - SPRING POND Site acreage: 1/2 ACRE TO BE DREDGED Present land use: HOMEOWNER'S ASSOCIATION Present zoning classification: R-40 RESIDENTIAL LOW DENSITY AA 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: GARDINER'S BAY HOMEOWNERS ASSOCIATION (b) Mailing address: c/o FRANK PIROZZI, PO BOX 4, EAST MARION, NY 11939 (c) Telephone number: Area Code ( )~631.477.9423 (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? NYSDEC, NYSDOS, ACOE 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 PLEASE SEE ATTACHED 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 PLEASE SEE ATTACHED Attach additional sheets if necessary Policy 3. Enhance visual qnsli~y 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 PLEASE SEE ATTACHED Attach additional shee~s if necessary NATURAL COAST POLICIES Policy 4. ]Vlinimize loss of life, structures, and natural resources from floodin~o and erosion. See LWRP Section HI - Policies Pages 8 through 16 for evaluation criteria [] Yes ~ No ~ Not Applicable PLEASE SEE ATTACHED 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 PLEASE SEE ATTACHED Attach additional sheets if necessary Policy 6. Protect and restore the q~slity 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 PLEASE SEE ATTACHED Attach additional sheets if necessary policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section IH - Policies Pages 32 through 34 for evaluation criteria, Yes NotAp llcable Attach additional sheets if necessary Policy 8. Minimi~.e environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. Sec LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~Yes ~'] No [~ Not Applicable PLEASE SEE ATTACHED PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and publk resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~'] Ye~ NoV~ Not Applicable PLEASE SEE ATTACHED 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 III - Policies; Pages 47 through 56 for evaluation criteria. ~-]Yes ['-] No ~] Not Applicable PLEASE SEE ATTACHED Atlach additional sheets if necessary Policy 11. Promote sust~inoble use of living marine resources in Long Island Sound, the Peconic Est!m~y and Town waters. Sec LWRP Section IH - Policies; Pages 57 through 62 for evaluation criteria. ~Yes [~ NoN Not Applicable PLEASE SEE ATTACHE1D 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 PLEASE SEE ATTACHED 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 ~'] Not Applicable PLEASE SEE ATTACHED Created on 5/25/05 11:20 AM · Date: Client: To: Project: April 26, 2011 Gardiner's Bay Homeowner' s Association Southold Town Trustees and Mark Terry Maintenance dredge, via clamshell, the 25'x930' channel area located within Spring Pond to a depth of-4' below MLW. The 1000 cubic yards of resultant dredge to be place above l~igh water northeast of the channel inlet along Orient Harbor. DEVELOPED COAST POLICIES Policy 1 Foster a pattern of development in the Town of Southold that enhances cnmmnnity character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal loeatinn, and minimizes adverse effects of development. Our proposal is consistent with this policy in that this channel should be maintained to allow for the members of the homeowner's association to safely navigate in and out of Spring Pond. Policy 2 Preserve historic resources of the Town of Southold. This project location has no significant historic resources. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. Our proposal will not have a negative impact on the visual quality or scenic resources. This proposal is consistent with the area. NATURAL COAST POLICIF,.~ Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. This project has will have no flooding or erosion concerns. Policy 5 Protect and improve water quality and supply in the Town of Southold. Our proposal will not have any impact of the water quality or supply in the Town of Southold. Policy 6 Policy 7 Protect and restore the quality and function of the Town of Southold's ecosystem. Our proposed maintenance dredge will maintain the water depth of the existing channel. The area should be routinely dredged to allow safe beating access to all of Sl~ng Pond. Areas of Spring Pond have been dredged on a yearly basis. Soil samples have been analyzed and it's been determined that there is not any significant amount of cbemicals that will be exposed should dredging occur. Protect and improve air quality in the Town of Southold. Our proposal will not have any impact on the air quality in the Town of Southold. Policy 8 Minimize environmental degradation in the Town of Southold from solid w. aste and hazardous substances and wastes. Our proposal will not influence the environmental degradation in the Town of Southold from solid waster and hazardous substances and wastes. The dredge spoil is allowed by the NYSDEC to be used as beach nourishment. The dredge spoil ha~ been analyzed for its chemical makeup. 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. Our proposal will give the property owners the ability to safely access Spring Pond. There will be no difference in the ability of the public to access public resources of the Town of Southold. · WORKING COAST POLICIES Policy 10 Protect the Town of Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. This is an existing channel leading to Spring Pond where there are a number of waterfront properties. Maintaining the channel will allow these homeowners to engage in water dependent activities and the ability to reach larger bodies of water. Policy 11 Promote sustainable use of living marine resources in the Town of Southold. Our proposal is consistent with previous activities in this area. The channel is an active waterway and not the most desirable habit for living marine resources. The location of the channel is in the middle of the waterway. Vegetative wetlands are not in the immediate area. Policy 12 Protect agricultural lands in the Town of Southold. Our proposal will not have any impact on agricultural lands i~ the Town of Southold. Policy 13 Promote appropriate use and development of energy and mineral resources. Our proposal will not have any impact on the development of energy and mineral resources. o . ~00 I~. ,, "4 .// o BFr.