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Home My WebLink About1000-37.-5-3 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: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator 'Date: June 20, 2012 Re: Proposed Wetland Permit for KENDALL TODD SCTM#1000-37-5-3 Costello Marine Contracting Corp. on behalf of KENDALL TODD requests a Wetland Permit to remove the existing concrete walkway landward of bulkhead; remove existing wooden ramp and 5'X 18' floating dock; remove 76' of existing bulkhead; construct 76' of new bulkhead and new 6' east return in-place, raising top elevation of new bulkhead 2'; install new 30"X 16' seasonal aluminum ramp onto a 6'X 20' seasonal floating dock secured by two 8" dia. anchor pilings; dredge an area 30'X 25' below dock to -4' below mean Iow water, removing approx. 40 cy. of soil; dredged spoil to be placed as backfill for voids landward of bulkhead; supplement dredged spoil with clean trucked-in sand (approx. 35 cy.) as needed; and provide a non-turf buffer of 6" well compacted gravel on filter cloth landward of bulkhead. Located: 670 Bayview Dr., East Marion. SCTM#37-5-3 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 denoted following 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. The proposal to dredge an area 30'X 25' below dock to -4' below mean Iow water is INCONSISTENT pursuant to policy: 6.3 Protect and restore tidal and freshwater wetlands. Ao 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 Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. Maintenance dredqin.q requires proof that the area has been previously dredRed. The applicant has not proved that the area has been previously dred.qed pursuant to § 275-2. Definitions; word usaqe. MAINTENANCE DREDGING -- A dredging project will be considered maintenance dredging if 'there is documentary evidence that it has been previously dredged. Require that the proposed actions comply with Chapter 236 Stormwater Management of the Southold Town Code. 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 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM 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, thc preparer of this form minor action list, policies and explanations of each policy contained in ~ Waterfront Revitalization Program. A proposed action will be and adverse effects upon the coastal area (which includes all of the exempt of Southold Local as to its significant question in Section C on this form is answered "yes", then may affect the the LWRP policy standards review law. the action should be analyzed in more detail and, modified prior to making a that it is consistent to the maximum extent with the LWRP policy and If an action cannot be consistent with the LWRP policy ~ undertaken. in the following the Board of online at the Town of Southold's Office, the Planning Depmhaent, all Bo 37 3 SCTMg The Application has been submitted to i Town Board [~ Planning Dept. ['~ Building Board of Trustees ~-] (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,Lcertification: x ~ ~ Nature andextent ofaction //~ ~ ~'~b~ \xtt'~ N-L-, ~x~~'~ fxfi~''~ b~h~ e~xt~__g_~_conf,,~,e w~w.a2.1.~. d~ffrd .ot'b_ ~l~, ead. Remove exisi~ng wooden ramp and $'x18' floating dock. R~l~ove 76' o£eMsting ~u. t,onswuct to ot new outtmeaa ana new o east return in-place, raising top elevation o£new bulkhead Z'. Igi~all new 30"x16' seasonal alumInum ramp onto a 6'x20' seasonal floating dock secured by two 8" diameter anchor piling. Dredge an area 30'x25' below dock to -4 '0 below mean low water, removing approMmately 40 cublc ya~ o£soil. *Dredged spoil to be placed as backBil For voids landward o£ bulkhead. Suppllment dredged spoil with clean ~ucked. tn sand (approximately 35 cubicya~ds) as needed. *Provide a non-tuff buffer ofG" o£ well compacted gravel on Biter cloth landward of bulkhead. 1. Category of Town of Southold agency action (check appropriate response): Location of action: 670 BAYVIEW DRIVE, EAST MARION Site acreage: 0.Z8 ACRES Present land use: SINGLE FA_MII.y RESIDENCE 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: KENDALL TODD (b) Mailing address: fil W/NDBEAM LANE, RINGWOOD, NJ 07456 (c) Telephone number: Area Code ( ) 201.852.8488 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes'--'l~/[ No R 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 Our proposM is ~m attempt o£ the uplzmd property owners to m~tsin their property. The existing bulkhead is old and it is evident that it needs to be reconstructed. The bulkhead proposal is in-kind, in-place construction. The proposed ramp and float will do not have any effect on the communiO, character or preservation of open space. 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 property has no significant historic resources. Attach additional sheets if necessary Policy 3. Enhance visual qnnlity 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 Our proposal is an attempt to maintain the property and to enhance the functionaliO, of the property. The visual quality will be enhanced with the new structure. Scenic resources will not be disturbed due to our proposal. At~ach additional sheets ir'necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section IH - Policies Pages 8 through 16 for evaluation criteria ~'] Yes ~ No ~'~ Not Applicable Our proposal will not have any influence on the loss of life, structures and natural resources from flooding and erosion. We are replacing existing structures. 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 The proposal will not have any impact on the water qualiO, or supply of the Town of Southold. Attach additional sheets it'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 This proposal will not have any impact on the Town of Southold's ecosystem. Ali construction debris will be contained and all Best Management guidelines wifl be adhered to. Attach additional sheets if necessary 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 will not have m'ty impact on the sir quality of the Town of Southold. Attach additional sheets if necessary Policy 8. Minimize 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. ~l lYes [-'-] No ~'] Not Applicable This proposal will not degrade the environment with solid waste or hazardous substances. 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. ['--] Ye~ No~-'] Not Applicable Our proposal will not limit the public's ability to access coastal waters, public lands or public resources o£ the Town o£Southold. The proposed bulkhead, ramp and float Is in-place of existing. Public access will not be reduced. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and romote sitin of p g new water-dependent uses in suitable locations. See LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. [~Yes ~'~ No ~ Not Applicable Our proposal is to reconstruct an existing bull&ead, ramp and float. The existing bull&ead is showing its age and is in need o£atientJon. The property owner would like to maintain the inte~(y oFthe property and ensure the property is properly protected. This properly is generally used to engage in water-dependent activities such as fishing and swimming by the property owner's Family. These activities will continue at the site once construction is complete. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconie Estuary and Town waters. Sec LWRP Section IH - Policies; Pages 57 through 62 for evaluation criteria. Yes [] No ] Not Applicable The proposed construction of the new bulkhead in-place of the existing will have no significant effects on the living marine resources. The area of the proposed dredge surrounds the proposed floating dock so that navigation to and from the dock are not limited. In general the area surrounding floating docks are active areas and adequate water depth prevents prop dredging which is conununly seen. Attach additional shee~s 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 This proposal will have no impact on the agricultural lands in the Town o£ Southold. Attach additional sheets if necessary Policy 13. Promote appropriate use and devdopment of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ~] Yes ~'~ No ~'] Not Applicable This proposal has no influence on the development of energy or mineral resources. Created on 5/25/05 11:20 AM p~o3roM --..IL.O' o