HomeMy WebLinkAbout1000-71.-2-1.1 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:
Jill Doherty, President
Town of Southold Board of Trustees
From: Mark Terry, Principal Planner
LWRP Coordinator
Date: August 22, 2011
Re: Proposed Wetland Permit for HARBOR LIGHTS PROPERTY OWNERS ASSOC.
SCTM# 1000-71-2-1.1
Andrew Penfield on behalf of HARBOR LIGHTS PROPERTY OWNERS ASSOC. requests a
Wetland Permit to maintenance dredge areas of existing canal to a depth of 4' below mean Iow
water and deposit the spoils (approx. 2,400 cy. total) on the two beaches adjacent to the inlet.
Approximately 1,400 cy. to be placed on the east beach and approx. 1,000 cy. on the west
beach to a maximum height of 2' above grade. Located: 715 Harbor Lights Dr., Southold.
SCTM#71-2-1.1
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 part of the proposed action is INCONSISTENT with the LWRP.
The area proposed to be dredged in the west portion of the water body is part of the
intertidal marsh to the north. Time series aerial analysis indicates that the area was not
created by seasonal deposition of sand, rather, the area is part of the intertidal marsh
and was mapped as such by the NYSDEC in 1974. Is the area exposed at Iow tide? Has
the area developed into a bar? Is it classified as a wetland in its current state?
Figure 1. 1974 Aerial Photo showing intertidal marsh.
Figure 2. 2004 Aerial Photo showing intertidal marsh.
Figure 3. 2006 Aerial Photo.
Figure 4. 2010 Aerial Photo
The dredging of the channel (red box) is CONSISTENT with the LWRP provided that the
Board require a silt boom during construction pursuant to:
§ 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 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 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.
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
To~vn of S0uthold
LWRP CONSISTENCY ASSF~SMENT FORM
A. INSTRUCTIONS
All applicants for permits* including Town of Southold agencies, sh~!! complete this CCAF for
proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This
assessment is inteaded to supplement oth~ information used by a Town of Southold agency in
making a determination of colisistellcy. *Except minor exempt actiom including Building Permits
and other ministerial permits not located wfthin the Coastal Erosion Hazard Area.
Before answering the questions in Section C, the preparer of this form should l~,iew the exempt
.minor action list. policies and explanations of each policy contained in the Town of Southold Local
Wat~t~ont Revitalization Program. A proposed action will bc evaluated as to its ~maificant
beneficial and adverse effects upon the coastal area (which includes aH 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. Thu.~ cadl ~mswer m~t be exphfi~ed in det~ii~ ii~tin~ both suOOorfin~ ~md noa-
suooorfine facts, ff an action cannot be ceffified as consistent with the LWRP policy standards and
conditions, it shall not be undertaken.
SCTM# ~- ~ [ ~) /
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 Planning Department,
local libraries and the Town Clerk's office.
DESCRIPTION OF SITE AND PROPOSED ACTION
The Application has been submitted to (check appropriate response):
TownBoard ~ Pi~nningBo,rdN Building Dept. [-~ BoardofTrnstees
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:
Location of action:
Site acreage:
Present land use:
Present zoning classification:
If an application for the proposed action has been fried with the Town of Southold agency, the following
information shall be provided:
(a) N ne ofapplic nt:
(b) Mailing address:
(c) Telephone number: Area Code ( ) (~3/
(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?
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.
[~es ~ 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
[7 ot Applicable
Attach additional sheets if necessary
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southoid. 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 Southoid. See LWRP Section III
- Policies Pages 16 through 21 for evaluation criteria
Yes [] No I~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 -ddifional sheets ffnecessaty
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section m - Policies
Pages 32 through 34 for evaluation criteria.
[--] Yes [--] No [--~ot Applicable
Attach additional sheets if necessary
Policy 8. Minimi~£ 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 otA..lica.e
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 HI - Policies; Pages 38 through 46 for evaluation
criteria.
Yes~ No [~ Not Applicable
Atlach 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
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 ~Not Applicable
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section Ill - Policies; Pages
62 through 65 for evaluation criteria.
~-] Yes [--] No ~rSNot 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 ~ot Applicable
EAST ,~EACH
P, L ,A t,J
DA'I~D JUNE 14, 2011
p.O. BOX ~27
SO~F[IfOU), N.Y. 1~971
C/O TODD SImELLMAN
P.O. BOX Z327
SOUTHOLD, N.Y. %%97!