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Home My WebLink About1000-56.-7-2 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: September 21, 2011 Re~ Proposed Wetland Permit for MILL CREEK PARTNERS, LLC SCTM#56-7-2 Note: The marina comprised of an existing 50 slips, main floating dock 6'X 98'; secondary floating docks, 24 total, 4'-5'X 15'; wood walkways 685'X 5'; and various wood ramps/platforms, all within the existing boat basin is subject to Site Plan Review as mandated in the Notice of Disapproval dated March 25~ 2011 and therefore is not assessed within this LWRP Consistency Assessment Review. Suffolk Environmental Consulting, Inc. on behalf of MILL CREEK PARTNERS, LLC request a Wetland Permit to legalize the existing wood decking and steps located off the eastern side of the existing restaurant, containing 1,050 sf.; legalize the existing stone paver patio and steps located off the southeastern corner of the existing restaurant, containing 475 sf.; legalize/reconstruct the existing wood decking and steps located between the southern side of the existing restaurant and the boat basin, containing 690 sf.; reconstruct the existing bulkheading located along the north side of the boat basin measuring 153 If, relocate 3' further south and elevate to match the existing surrounding grade; clarify/legalize all existing 50 slips, main floating dock 6'X 98'; secondary floating docks, 24 total, 4'- 5'X 15'; wood walkways 685'X 5'; and various wood ramps/platforms, all within the existing boat basin. Located: 64300 Main Rd., Southold. SCTM#56-7-2 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 as built 1,050 sf deck located on eastern side of the restaurant, 475 sf stone patio located off the southeastern corner of the restaurant and a 690 sf deck located south of the restaurant are INCONSISTENT with LWRP Policy 6.3 (below) and therefore, INCONSISTENT with the LWRP. 6.3 Protect and restore tidal and freshwater wetlands. A. 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 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed above described actions were built without the benefit of Board of Trustee review (assessing drainage, building materials and impacts to surface water quality) and all other proper reviews and approvals (Building Department. Zonin.q Board of Appeals, NYSDEC). It is recommended that the structures be removed and/or modified to comply with existin.q permit conditions. The proposal to reconstruct the existing bulkhead located along the north side of the boat basin measuring 153 If is CONSISTENT with the LWRP policy standards and therefore CONSISTENT with the LWRP provided that the following Best Management Practice is required. § 275-11. Construction and operation standards. A. General. The following standards ara raquirad for all operations within the jurisdiction of the Trustees: (2) Erosion control. Installation of an erosion control structura is necessary dudng any building, grading, landscaping or site work activity within Trustee jurisdiction. This structura 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 racommendation in praparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Town of Southold LWRP CONSISTENCY ASSESSMENT FORM Ao INSTRUCTIONS 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). 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 (southotdtown.northfork.net), the Board of Trustees Off Ce, the Planning De~a~tmehi, al 16cal libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 056 07 002 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees 1. 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: PLEASE REFER to the ATTACHED PROIECT DESCRIPTION. Attach additional sheets if necessary Location of action: Site acreage: 64500 Main Road; Town of Southold, New York 3.0 acres Presentland use: Commercial Marina. Present zoning classification: M - II 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: MILL CREEK PARTNERS~ LLC (c/o Eugene Burger1 (b) Mailing address: P.O. Box 326; Cutchogue; NY 11935 (c) Telephone number: Area Code ( 631 ) 734 - 5217 (d) Application number, if any: N/A 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? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in thc 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 The proposed project is for the enhancement of the existing property, currently being utilized as a Restaurant/ Marina, which has existed harmoniously within the surrounding community for many years without an? form of adverse impact Consequently, we believe that this project fully satisfies this Policy 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 This proposal is not applicable to this Policy Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 5 through 7 for evaluation criteria [] Yes [] No [] Not Applicable No change to the current visual quality of this section of shoreline. This proposal is not applicable to this Policy. 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 This proposal is not applicable to this Policy, 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 This proposal is not applicable to this Policy. 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 This proposal is not applicable to this Policy. 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 This proposal is not applicable to this Po]icy 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 This proposal is not applicable to this Policy. 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 This proposal is not applicable to this Policy WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable The proposed project will maintain/protect the navigability and ease of access for this commercial marina (i.e. water-dependent use in a suitable location). Consequently, this proposal is consistent with this Policy. 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 This proposal is not applicable to this Policy. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section 111 - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [] Not Applicable This proposal is not applicable to this Policy. 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 This proposal is not applicable to this Policy. Created on 5/25/05 11.'20 AM PROJECT DESCRIPTION for the MILL CREEK PARTNER$, LLC. Application Situate: 64500 Main Road; Greenport; Town of Southold, NY SCTM #: 1000 - 056 - O7 - 00~ Applicant proposes to perform the following items within the property referenced above: (1) Legalize the existing Wood Decking (and steps) located off the eastern side of the existing Restaurant, containing 1, 050 square feet +_. (2) Legalize the existing Stone Paver Patio (and steps) located off the southeastern corner of the existing Restaurant, containing -~75 square feet +. Legalize/Reconstruct the existing Wood Decking (and steps) located between the southern side of the existing Restaurant and the boat basin, containing 690 square feet _+. Construct proposed Wood Decking (and steps) located off the western side of the existing Restaurant, containing 990 square feet _+. Reconstruct the existing Bulkheading located along the north side of the boat basin measuring 155.0' + in length, relocate S.o' further south and elevate to match the existing surrounding grade. (6) Clarify/Legalize all existing Slips (fifty ~_50_q total), Main Floating Dock (G.O' W x 98.0' L _+); Secondary Floating Docks (twenty-four ~_2+_- total @ ~.o' - 6.0' W _+ x 15.0' L _+ 70pzcaF_ ); Wood Walkways (6S5.o' _+ L (overall] x &o' _+ W ?yp~ca~); and various \Vood Ramps/Platfbrms, all within the existing boat basin. MAiN BLDG. 2 STORY FRAME BUILDING FIN.FLOOR = EL. 14.5' - PROPOEED $' WIDE WALKWAY t / / / 10~ X 4' DEEP TYP. OF E L4_; LOCATION. LOCATION MAP EX BULKHEAD TO HORIZONTAL DEADMAN WHALER § I/2" WIDE FIBERGLASS SHEATHING 12" CCA ffi PILE BULKHEAD PROFILE NOT TO SCALE S.C.T.M DIST, t000 SEC. 50 BLK. 07 LOT 02 so.,,,i~,,:oo, Condon Engineering, P.C. MILL CREEK INN AND MARINA 64,300 MAIN ROAD (NYS 25) 1,7.55 Sigsbee Road SOUTHOLD, NY Drawn by: JJC Matt~tuck, New York 11952 (631) 298-1986 (631) 298-1986 fax Date: 8/23/2011 www. condonengineering.com SITE PLAN MAIN ROAD (STATE ROUTE 25) N~ ~ ----L)/5 TE OVt=t~.Hf=A~ ~I___~ES ~ ~ ...................... '-- ~ ~ UTILI~ .. -:--_'Z-~--~ ~ LE. NARK OUT ~ ~ ~ ~ ~ ~ POLE ~ ~ 98.42' ~ 6~ ¢ T~, 12.~' B~,~.4' +12.4 7 UTII T/Al, EX ~AI'4P E NTt~,."¢' ELEC, UTII POLE 2 STORY FRAME BUILDING FIN.FLOOR = EL. 14.B' C, HII' --t-1f UP N..r-~ I STOtm,.¥ F~Ah4E t~IJILDIN~ I, AIITH 2ncl FLOOR DEC. K, O',/Et~,. PAt~,.K I NC T/BLKHD. EL.: +~1.4 BOAT BASIN PROG DATE: Aug AUG 3 0 2011 2011 PROJECT NO: DRAWN BY: UT CHECKED BY: DATE: SCALE: 1/8" = 1' - 0" SHEET TITLE: ENLARGED SITE PLAN SHEET NO: