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Home My WebLink About1000-118.-2-13 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) SouthoId, 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 19, 2012 Re: Proposed Wetland Permit for NORA FLOTTERON SCTM# 1000-118-2-13 Costello Madne Contracting Corp. on behalf of NORA FLOTTERON requests a Wetland Permit to remove 100' of existing bulkhead and 360 sr. of existing wood decking; construct '100' of new bulkhead and 360 sf. of decking in-place; remove approx. 20 cy. of sediment from immediately in front of bulkhead and place as backfill landward of bulkhead; and repair frame shed (boathouse)foundation as needed. Located: 1480 Bayberry Rd., Cutchogue. SCTM#118-2-13 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 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 project area. Further, if the action is approved to further Policy 5: Protect and Improve Water Quality in the Town of Southold and Policy 6; Protect and Restore the Quality and Function of the Town of Southoid Ecosystem it is recommended that a landscaped buffer (width undetermined) be required landward from the bulkhead/wooden deck. LANDSCAPED BUFFER -- A land area of a certain length and width which is planted with indigenous, drought-tolerant vegetation similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve 95% ground cover within two years of installation. Survival of planted vegetation shall be 90% for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which is hazardous to life and property, trimming tree limbs up to a height of 15 feet to maintain viewsheds, replanting of vegetation and establishing a four- foot-wide access path constructed of pervious material for access to the water body. [Added 12-15-2009 by L.L. No. 15-2009] 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 Flotteron Town of Southold 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 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. 2. 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 o~own). 3. If any question in Section C on this form is answered "yes", then the/l~oposed action may affect the achievement of the LWRP policy standards and conditions contajl~d in the consistency review law. Thus, the action should be analyzed in more detail and, if n,~dessary, modified prior to making a determination that it is consistent to the maximum extep4 practicable with the LWRP policy standards and conditions. If an action cannot be certif~l as consistent with the LWRP policy standards and conditions, it shall not be undertaken. /' A copy of the LWRP is available in ~eX~ollowing places: o~ine at the Town of Southold's website (southoldtown.nortlffork.net), the~Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office~· B. DESC TIONOrS,TEANDPROPOSEDACnONt --, The Application has been submitted to (check appropriate response): Town Board [--] Planning Dept. ["-] Building Dept. [--] Board of Trustees Category of Town of Southold agency action (check appropriate response): (a) (b) Action undertaken directly by Town agency (e.g. capital [--] construction, planning activity, agency regulation, land transaction) Financial assistance (e.g. grant, loan, subsidy) Permit, approval, license, certification: Natur,e and extent of action: Remove 100 of eMs~l]kh~d ~-,~ ~t o£existiyf~ood decMng. Cons~ct 100' of new b~ead ~d 360 ~u~ f~t of new w~d d~k ~-pla~ove app~Mmately 20 cubi~s of ~ent lmm ~mediately In fmnt of bul~ead ~d place as bac~ landw~ of b~ead. Re~ shed ( ~amou~) to ' . Location of action: 1480 BAYBERRY ROAD, CUTCHOGUE Site acreage: 0.8I ACRES Present land use: SINGLE FAMILY 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: NORA FLOTTERON (b) Mailing address: PO BOX 533, CUTCHOGUE, NY 11935 (c) Telephone number: Area Code ( ) 631.734.8533 (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? 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 proposal is an attempt of the upland properly owners to maintain their properly. The existing bulkbead is old and it is evident that it is being undermined. Our proposM is in-kind, in-place construction. No new structures are being proposed. Our proposal will 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 proper(y has no significant historic resources. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. Sec LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [] Yes [--1 No I71 Not Applieab,e Our proposal is an attempt to maintain the property and to enhance the functionality of the property. The visual quality will be enhanced with the new structure. Scenic resources will not be disturbed due to our proposal. 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 Our proposal will not have any influence on the loss o£1ffe, 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 V'-] No [~Not Applicable The proposal ~11 not have any impact on the water qualiO' or supply of the Town of Southold. AtIach additional sheets it'necessary Policy 6. Protect and restore the quality and function of the Town of Southoid 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. AH construction debris will be contained and aH Best Management guidelines will 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. This proposal will not have ~ny impact on the ~ir quality o£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. See LWRP Section IH - Policies; Pages 34 through 38 for evaluation criteria. I---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 proposM will not limit the public's ability to access coastM waters, public lands or public resources o£ the Town of Southold. The proposed bulkhead is in-place of the existing bulkhead. Public access will not be reduced. Attach 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 Our proposal is tb reconstruct an existing bulldsead and deck lea. The existing bulkhead is failing and is in need of attention. The property owner would like to maintain the integriO, of the property and ensure the property is properlyprotected. This properly is generally used to engage in water-dependent activities such as fishing and swimming by the property owner's family. These acgvities will continue at the site once construction is complete. Attach additional sheets if necessary Policy 11. Promote sustainable use of Hying marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Vl es F1 NolT1 Not Applicable The proposed construction of the new bulkhead in-place of the existing will have no significant effects on the living marine resources. Attach additional sheets 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 of Southold. 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 ~-] Not Applicable This proposal has no influence on the development of energy or mineral resources. Created on 5/25/05 11:20 AM · i AI O ;~.~ ,&"'/ O T"/',E., .I