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Home My WebLink About1000-104.-3-15 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 24, 2011 Re: Proposed Wetland Permit for 8925 LLC SCTM#1000-104-3-15 Peconic Permit Expediting on behalf of 8925 LLG reqUests a Wetland'Permit for the as-built 4'X 24' catwalk, 3'X 20' ramp and 6'X 20' floating dock. Located: 8925 Bay Ave., Cutchogue. SCTM#104-3-15 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 INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP: Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 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 structures were constructed without a permit pursuant to Chapter 275 Wetlands and Shorelines of the Southold Town Code. Additionally, if the action is approved and to further Policy 4.2 Protect and restore natural protective features and Policy 6; it is recommended that natural vegetated buffer incorporating existing vegetation (trees) landward of the wetland. An example definition follows: NATURAL VEGETATED BUFFER -- a land area of a certain length and width where existing vegetation occurs pdor to the commencement of any grading or clearing activity. Vegetation shall be maintained to achieve a minimum percent ground cover of ninety-five (95) percent. To achieve the percent ground cover indigenous, drought tolerant vegetation shall be planted. Survival of planted vegetation shall be (ninety) 90 percent for a period of three (3) years. Maintenance activities within the buffer ara limited to removing vegetation which are hazardous to life and property, trimming tree limbs up to a height of fifteen feet (15') to maintain viewsheds, replanting of vegetation and establishing a four foot (4') wide access path constructed of pervious material for access to the water-body. 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 ' Tdwn of Southold LWRP CONSISTENCY ASSESSMENT FORM A. 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 supplemem 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 si.gnificant 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" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail~ listin~ both supporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# Il04 ~ - ! ~ PROJECT NAME ~] .~ 9 /.- / ~ 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, all local libraries and the Town Clerk's office. The Application has been submitted to (check appropriate response): TownBoard [--] Planning Board r-q Building Dept. [] 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: Location of action: ~5~q.~, Site acre~e: ~sem l~d ~e: ~sent ~g cl~sfficafion: If ~ applimfion for~e proposed ~fion ~ ~en ~ed ~ ~e Tom of Sou~old ~ency, ~e follo~g ~o~afion sh~l be prohd~: (a) Nme ofapp~c~t: (b) Mailing address: (c) Telephone number: Area Code ( ) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a slate or federal agency? Yes [--] No N If yes, wb_ich state or federal agency? C. Evaluate the project to thc 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. Yes ~'~ No ~ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LVOtP Section III - Policies Pages 3 through 6 for evaluation criteria [~ Yes [~ No ~ Not Applicable AUach additional sheets if necessary Policy 3. Enhance visual quality 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 Attach additional sheets if necessary NATURAL COAST POLICEES 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 Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes 7q No 7dNotApplieable 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 Ili - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable Attach addifonal sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section IlI- Policies Pages 32 through 34 for evaluation criteria. [--] Yes ~ No [~ Not Applicable Attach additional sheets if necessary 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 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. [] Yes~ No ~ Not Applicable Attach additional sheets if necessary COAST POLICmS 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 jSound, the Peconic Estuary and Town waters. See LVfRP Section m - 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 ITl - 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; Pages 65 through 68 for evaluation criteria. PREPARED BY TITLE DATE LOCATION OF SUBJECT DOCK PHOTO5 KEY MAP D 24'-0" EXISTING DOCK PLAN 5CALE,~" = ILO" lO0 LEGALIZE EXISTING CATWALK & FLOATING DOCK AT 8925 LLC 8925 BAY AVENUE CUTCHOGUE, NY S.C.T.M. # 1000 - 104 - 3 - 15 REVISIONS DATE; O PECONIC PERMIT * ~XPEDITING PHONE: G3 I .734.83G I DATE: 7-6-11 DR. BY:R W L SCALE: AS NOTED G' O" x 20LO'' PLOATrNG DOCK EXI5TING DOCK SECTION SCALE 4 = I -