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HomeMy WebLinkAbout1000-104.-3-18.1 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: Jim King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: April 17, 2012 Re: Proposed Wetland Permit for SKUNK LANE, LLC SCTM# 1000-104-3-18.1 En-Consultants on behalf of SKUNK LANE, LLC requests a Wetland Permit to construct a 4'X 68' fixed timber catwalk (equipped with water and electricity and constructed with open-grate decking) with a ladder at seaward end; and a 6" tie-off piling. Located: 9105 Skunk Lane, Cutchogue. SCTM#104-3- 18.1 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 INCONSISTENT with the below listed policy and therefore INCONSISTENT with the LWRP 6.3 Protect and restore tidal and freshwater wetlands. 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 § 275-11. Construction and operation standards. (b) Dock locations and lengths. [Amended 10-11-2005 by L.L. No. 17-2005] [1] No dock shall be erected or extended if, in the opinion of the Trustees, such structure would adversely affect navigation, fisheries, shell fisheries, scenic quality, habitats or wetland areas. [2] Within creeks and other narrow waterways, no dock length shall exceed 1/3 the total width of the water body. Determination of the lenqth of the dock must include the dimensions of the vessel. The orientation and beam of a representative vessel is not shown on the plans. I n the even that the action is apporved, 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 Southold Ecosystem it is recommended that the Board require a silt boom during construction. § 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. Further it is recommended that the Board assess the following dock standards pursuant to § 275- 11. Construction and operation standards. [11] Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish... 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 I. AII applicants for perm its* inchding T ow n of Southold agencies, shall corn plct¢ (his C C ^ F for proposed actions ~hat arc subject to the Town of Southold W aterfron~ Consistency Review Law. This assessmeatisintendedtosopplcmonto~herinformationoscdby aTowo of $ootholdagency in m aking a dctorm inafion of consistency. *Exce£tminorexem£tactions 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 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~ listing both supporting and non- suovortin~ facts. If an action cannot be certified 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, all local libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION '' 2¢i2 104 3 18.1 PROJECT NAME SKUNK LANE, LLC The Application has been submitted to (check appropriate response): TownBoard [~] Planning Board [~] BaildingDept.[~] 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:APB - 2 2012 [~ Nature and extent of action: Construct a 4' x 68' fixed timber catwalk (equipped with water and electricity and constructed with open-grate decking) with a ladder at seaward end; and a 6" tie-off piling, all as depicted on the project plan prepared by Eh-Consultants, dated March 16, 2012. Location of action: 9105 SKUNK LANE, CUTCHOGUE Site acreage: 1.809 ACRES Present land use: VACANT, RESIDENTIAL Present zoning classification: R-40 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: SKUNK LANE, LLC (b) Mailing address: c/o ANTHONY LOMANGINO, MANAGER TRUSTEE 11743 BELLADONNA COURT, PALM BEACH GARDENS, FL 33418 (c) Telephone number: Area Code561-262-1418 (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?NYS DEC, USA COE 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. [~Yes [~ No [~ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of thc Town of Southoid. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [-~ Yes [-~ No [~ Not Applicable Attach 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 The proposed catwalk would create minimal visual intrusion in this small dredged channel, as it will be elevated Iow to grade and extend only approximately 14 feet into the waterway. 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 Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ~ Yes ~ No ~ Not Applicable Insomuch as Policy 5 is applicable to the project, the proposed catwalk would be constructed with untreated decking to minimize potential surface water quality impacts as required by Chapter 275 of the Town Code. 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 The proposed catwalk, which is substantially similar in design, scope, and location to that previously approved by the Board of Trustees pursuant to Wetlands Permit #5995, has been designed to intrude minimally into the waterway just enough to provide structural access to the water and to dock small watercraft. It would be constructed with open-grate fiberglass-reinforced decking to minimize the use of treated lumber and to allow light penetration over the narrow span of vegetated marsh it would traverse. This minimally designed structure would not cause the "fragmentation of ecological communities" nor result in the physical loss, degradation, or functional loss of ecological components. The structure will otherwise comply with the various regulatory and statutory requirements of the NYS DEC and Town Trustees and will thus be consistent with Policy 6. 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 [~ blot 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 III - Policies; Pages 38 through 46 for evaluation criteria. Yes ~ No ~ Not Applicable The proposed structure would not create a navigational intrusion that would exceed one-third of the width of the waterway and would not otherwise preclude public access to or recreational use of the waterway. 'Ihe entire structure would be located over privately owned upland and bottomland. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. P'rotect ~outhold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section IH - 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 evaluatiou criteria. [--] Yes ~] No [~ Not Applicable 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 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 PREPARED BY ROBERT E. HERRMANN TITLE COASTAl MGMT SPEC~A[~ST DATEMarch 20, 20~2 Amended on 8/1/05 TIDAL iETLANDS 5111~ (AE~ 4' x 68' FIXED CATWALK PROPOSED 4' WIDE PATH THRU NONDISTURBANCE I" - 2000' EN-CONSULTANTS 1319NORTHSEAROAD SOUTHAMPTON, NY11968 631-283-6360 4-97' ~94' NON-TURF BUFFER PORCH 1" = 40' PI~OPO~P POCK POl~ F~LINK LANt~, LLC, ON CHANNI.% 1'0 LI1'11.1~ C~CHO~Le, 5UPPOLK COUNTY, NY ~1~1'1 01~ 2 ~-1~-12 i 65' ~1~ TIM!~BR CATW~K ~bW * O' -0" ~' BX, 4"~ 4" POSTS Sir-OrlON 11-IRLJ PROPOSBI? t~IXP. I~ TIMI~If.R dAI'VVAI. K SKUNK LANE~ IA,C~ 9105 SKUNK LANE Figure I. Looking, northwest at location of proposed cat,calk. Figure Z Lookhtg south at Iocalion q/proposed cat,calk.