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Home My WebLink About1000-116.-6-4 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NYl1971 Telephone:631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD i"MEMORANDUM To: Jill Doherty, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: July 15, 2011 Re: Proposed Wetland Permit for DOWN'S CREEK, LLC, LMNY, LLC & REMCC, LLC SCTM#116-6-4 En-Consultants, Inc. on behalf of DOWN'S CREEK, LLC, LMNY, LLC & REMCC, LLC requests a Wetland Permit to construct approx. 192 If. of vinyl bulkhead in place of existing timber bulkhead (including +/-9' on adjacent easterly property and +/-63' on adjacent westerly property) and backfill with approx. 100 cy. clean sand fill from an upland source. Located: 10230 New Suffolk Ave., Cutchogue. SCTM#116-6-4 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of $outhold 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 the following best management practice is required 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 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 EN-CONSULTANTS, INC. 1319 North Sea Road South;New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING Mark Temy, LWRP Coordinator Planning Board Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Downs Creek~ LLC and others, Dear Mr. Terry: Attached please find a copy of an application being filed Wetlands Permit to replace existing timber bulkheading location, as depicted on the project plan prepared by Pursuant to Town Code §268-5 ("Review of Actions") "action" and "minor action" by §286-3 ("Definitions"), the of minor action and is thus not subject to waterfront "GG. Within all Town cree"le~ replacement of, the same location with a silt m~deployed prior to and Therefore, I have not filed an LWRP~Consistency A ~ses yfeu dkneotewrma~m;i thjiFrfFlJeeCt~js not exeml~from waterfronti cc: Lauren Standish, Board of Trustees JUN 2 4 2011 June 6, 2011 Board of Trus Board of Trustees for a Town vinyl bulkheading in the same Inc., dated June 3, 2011. the corresponding definitions of following definition , review pursuant to Chapter 268: on the applicant's property in collstraction." Trustees. Should review, however, please let ttely. Robert E. Hemnann Coastal Management Specialist JUN 3 0 2011 Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Brederneyer Town Hall, 53095 Main Rd. P.O. Box 1179 Southold,NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only .~Coastal Erosion Permit Application Wetland Permit Application Amendment/Transfer/Extension Received Application: Received Feel Completed Application ~__Incomplete SEQRA Classification: Type I Type II Unlisted Coordination: (date sent} LWRP Consistency Assessment Form CAC Referral Sent: Date of Inspection: Receipt of CAC Report: Lead Agency Determination: Technical Review: Public Hearing Held: Resolution: Administrative Permit Name of Applicant DOWNS CREEK, LLC; LMNY, LLC; & REMCC, LCC Address C/O ROBERT McCALL, P.O. BOX 271, CUTCHOGUE, NY 11935 Phone Number: (631) 734-4113 Suffolk County Tax Map Number: 1000 - 116-6-4 Property Location: 10230 NEW SUFFOLK AVENUE, CUTCHOGUE (provide LILCO Pole #, distance to cross streets, and location) A GENT: EN-CONSULTANTS, INC. (If applicable) Address: 1319 NORTH SEA ROAD, SOUTHAMPTON, NY 11968 Phone: 631-283-6360 Board of Trustees Application GENERAL DATA Land Area (in square feet): 53,938 SQ. FT. Area Zoning: R40 Previous use of property: SINGLE FAMILY RESIDENTIAL Intended use of property: NO CHANGE Covenants and Restrictions: If "Yes", please provide copy. Yes X No Does this project require a variance from the Zoning Board of Appeals If "Yes", please provide copy of decision. Prior permits/approvals for site improvements: Agency Date SOUTHOLD TRUSTEES #3886 12/21/90 Yes X No X No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary): Construct approximately 192 linear feet of vinyl bulkhead in place of existing timber bulkhead (including +/-9' on adjacent easterly property and +/-63' on adjacent westerly property) and backfill with approximately 100 cubic yards clean sand fill from an upland source, all as depicted on the project plan prepared by En-Consultants, Inc., dated June 3,201l. Board of Trustees Application %VETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: Maintain existing erosion control structure. Area of wetlands on lot: 0 .square feet Percent coverage of lot: 0 Closest distance between nearest existing structure and upland edge of wetlands: N/A feet Closest distance between nearest proposed structure and upland edge of wetlands: N/A feet Does the project involve excavation or filling? X NO Yes If yes, how much material will be excavated? N/A cubic yards How much material will be filled? +/-100 cubic yards Depth of which material will be removed or deposited: N/A feet Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: Approximately 100 cubic yards clean sand to be trucked in from an upland source and used as backfill landward of new bulkhead. Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): The project entails the ordinary and routine maintenance of an existing shoreline structure, specifically the in-place replacement of an existing wood bulkhead with a vinyl bulkhead. The project thus seeks only to maintain existin~ conditions and will have no adverse impact on the adjacent tidal wetlands or waters of the Town. PROJECT ID NUMBER ao EcT IN O ATtO Ii~O~E~,O~; LMNY, LLC; & REMCC, LLC BY EN-CONSULTANTS, ~C. 3. PRO]E~ LOCA~ON: M~p~ CUTCHOGUE 4. PRECISE LOCATION: S~ree~ Address ~d Road Intersections. Prom~en~ l~dmarks e~c - or provide map 0230 ~W SUFFOLK AVE~E, CUTCHOG~, TO~ OF SOUTHOLD, SCTM ~1000*116-6-4 5. ISPROPOSEDA~ION: ~ ~ ~ ~/~ 6. D~CRIBE PROJECT BRIEFLY: 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by A ?plicant or Project Sponsor) 2. PROJECT NAME County SUFFOLK SEQR Construct approximately 192 linear feet of vinyl bulkhead in place of existing timber bulkhead (including +/-9' on adjacent ~asterly property and +/-63' on adjacent westerly property) and backfill with approximately 100 cubic yards clean sand fill from m upland source, all as depicted on the project plan prepared by En-Consultants, Inc., dated June 3, 2011. 7. AMOUNT OF LAND AFFECTED: I~it~ally 1.238 acres ~ltimately 1.238 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? []Yes [] No If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) ~Yes~ ~ No II yes, list agency name and permit / approval: DEC, COE, DOS 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~Yes ~No If yes, list name and permit / approval: agency I~.~S A Ri~.~LT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I...3 '/es IXI No I CERTIFY THAT~rHE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name R~RT E. HERRMANN, COASTAL MANAGEMENT SPECIALIST Date' JUNE 7, 201 ] Signature ~r~.~,,~ · ' If the action is a Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART 11 - IMPACT ASSESSMENT (To be completed by Lead A~enc¥) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF. [~Yes r"~ No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS AS~CIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) CI. Existing air quality, surface or groundwater quality or quantity, noise levels, exisfing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or th-eatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain btieflv: C5. Growth, subsequent development, related activities likel~t to be induced by the proposed action? Explain briefly: I C6. Long term, short, term, cumulative, or other effects not identified in C1- C57 Exphin briefly: C7. C~her impacta (including chanses in use of either quanfity or type of ener~v? Explain briefly. / D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA/CEA)? (If yes, explain briefly: [-"~ Yes [~No E. IS THERE, OR IS THERE LIKELY TO BEt CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explain. PART II1 - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in cotxnection with its (a) set,rig (i.e. urban or rural); (b) probability of occurring; (c) duration, (d) irreversibtiity; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes, the determmatiou of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. (3~eck thts box if you have identiffed c~e or m~e potent~afly large or significant adverse irr~pacta which MAY occur. Then proceed cEt~ly to the FUU~ EAF and/or prepare a posifive declaraticl~ C~eck this box ff you have determined, based on the information and analysis above and ~ny supporting dccumentatictt, that the propose~ ac fio~n WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination. Name of Lead Agency Title of Responsible Officer Print or Type Name of Responsible Officer in Lead Agency Signature of Respomible Officer in Lead Agency SignaVare of Preparer (If different from responsible officer) Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) (print~ner of prope~) (mailing address) do hereby authorize (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. ner's signature) Board of Trustees Application County of Suffolk State of New York DEPOSF_~ ~ND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIITED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. 1N COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature SWORN TO BEFORE ME THIS I q DAY OF/~.~< Notary Public MARK AARDEMA Notary Public, Stale of Oh~ My Comm. Expires 09/15 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics t~rohibits conflicts of interest on the ~art &town officers and emvlovees. The nurp9~ 9f this form is to provide information which can alert the town of vossible conflicts ofintemst and allow it to take whatever action is necessary to avoid same. (Last ~lme, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other NAME OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of Zone Approval &plat Exemption from plat or official map Other (If "Other", name the activity.) Building Trustee Coastal Erosion Mooring Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a parmership, in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than~res. YES NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or emptoyee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner &greater than 5% of the shares of the corporate stock of the applicant (when the applloant is a corporation): B) the legaI or beneficial owner &any interest in a non-corporate entity (when the applicant is not a corporation); __.C) an officer, director, partner, or employee of the applicant; or __.D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I Submitted this/_~___day of ;~O g~,~) 20~11 Signature/.~5~. [P/~ll.,q/~.--~ ~ -- Print Na~ C o~ (~) ~ [[ Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) (print Owner of property)/ (mailing address) do hereby authorize (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (ig~ner's signature) '~ Board of Trustees Application County of Suffolk State of New York ~ /']4e ~ BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature SWORN TO BEFORE ME THIS oQ-49 DAY OF 20 / O Public DONNA McGAHAN Notary Public, State of New York No. 01 MC4851459 Qualified In Suffolk County Commission Expires Aug. 18,L~1~, ~ APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics vrohibits conflicts of interest on the t>art of town officers and emnlovees. The ~urt~ose of this form is to t~rovlde information which can alert the town of vossible conflicts &interest and allow it to take whatever action is necessary to avoid same. YOURNAME: //~C~'tS[}/, /---'~5~','-C~ 0/,~.,~._ ~---/I/~/k/¥/, ('Last name, first name, middle initial, unless you are dpl~lying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) T~x grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee bas even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% oftbe shares. YES NO c// If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicanffagent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __.A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any in~erest in a non-corporate entity (when the applicant is not a corporation); __.C) an officer, director, partner, or employee oftbe applicant; or __.D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS l Submitted this ~-day of / /// ,.;,~ / 200 Signature (~qT~rZ~c '-'~ ~"~.- ~ -- Print Name ~.,4 ~ re~ Board of Trustees Application AUTHORIZATION (where the applicant is not the owner) I, ~gl~I'/]..'/~3t.~ t.//~'~///zer'~:c residingat /"~0 )~ ~7/ (print 6v~ner Of prfperty) (mailing address) do hereby authorize (Agent) to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Owner's sigt~ature) Board of Trustees Application County of Suffolk State of New York ~,_ .,~..2- ,~/(,/~ CffTfl/~'2- ~ BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Signature SWORN TO BEFORE ME THIS ~-~DAY OF~d~2~,20 [[ Notary Public Notaw Public, Sta~ of ~ vnd~ ~o. 01VA6~86177 Qual~ in Suf~o ~ Cou ~t) Commission Expires ,a ',rii 27:5:01; APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics ~rohibits conflicts of interest on the cart of town officers and emolovees. Tile oumose of this form is to t~rovide information which can a}ert the town of ~ossible conflicts of interest and allow it to take whatever agti0~ is necessary to avoid sara~. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company, If so, indicate the other NAME OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of Zone Approval of plat Exemption from plat or official map Other (If U0ther'. name the activity.) Building Trustee Coastal Erosion Mooring Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a part/al ownership of (or employment by) a corporation in which the tom officer or employee owns more than 5°/3 of the shares, YES NO ~ lfyou answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __vA) the owner of greater than 5% &the shares &the corporate stock &the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or __.D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I Submitted this 42;24/_day of p ,~, 200 Signature ~, NY; 5CfM 1" = 50' ,¢ ~nOH 'X~ EN.CONSULTANTS, INC. 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 631-283-6360