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Home My WebLink About1000-56.-7-4.1 OFHCE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) $outhold, 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: January 23, 2013 Re: Proposed Wetland Permit for MILL CREEK PARTNERS, LLC SCTM# 1000-56-7-4.1 Suffolk Environmental Consulting, Inc. on behalf of MILL CREEK PARTNERS, LLC requests a Wetland Permit. Located: 64300 Route 25, Greenport. SCTM# 56-7-4.1 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. The program supports the madna use in the area known as Mill Creek through policies 10.1 and 10.3. 10.2 Promote Mattituck Inlet and Creek, Mill Creek and the Village of Greenport as the most suitable locations for water-dependent uses within the Town of Southold. Mattituck Inlet and Creek, identified by the state as a regional Madtime Center, and the Village of Greenpotf are the pdmary focus of mad#me activity within the Town of Southold. Give water- dependent development precedence aver other types of development at suitably zoned waterfront sites within Mattituck Inlet and Creek and the Village of Greenport. Ensure that public actions enable Mat#tuck Inlet, Mill Creek and the Village of Greenport to continue to function as centers of water-dependent uses. Protect and enhance the economic, physical, cultural, and environmental attributes which make up the character of Mattituck Inlet and Creek, Mill Creek and the Village of Greenport. 10.3 Allow for continuation and development of water-dependent uses within the existing concentration of maritime activity in harbors, inlets and creeks. In addition to Mat#tuck Inlet and Creek and the Village of Greenport, important concentrations of water-dependent uses are located at Orient Point, Orient ham/et, Gull Pond, Mill CreelVBudds Pond, Town/Jockey Creek, New Suffolk, James Creek and West Harbor. Protect and enhance the economic, physical, cultural, and environmental attributes which make up the character of these harbors, inlets and creeks. 10,1 (b) Improve the economic viability of water-dependent uses by allowing for non-water dependent accessory and multiple uses, particularly water enhanced and maritime support services where sufficient upland exists. The term water-enhanced use means a use or activity which does not require a location adjacent to coastal waters, but whose location on the waterfront adds to the public use and enjoyment of the water's edge. Water-enhanced uses are primarily recreational, cultural, retail, or entertainment in nature. These uses may be necessary for the successful financial operation and viability of water-dependent uses. The improvement of the restaurant (water enhanced use) supports the above policy. Note: That the Board of Trustees issued a permit to the current owners (TR-9671) for the action on November 16, 2011. A Storm Water Pollution Prevention Plan is on file. It is recommended that the following is addressed: The parking spaces proposed on SCTM 1000-56.-7-4.1 within 36 feet from the freshwater wetland system to the east. It is unclear what amount of fill (if any) will be used in constructing the parking area. Clarify if fill is required. Clarify which parking areas would be constructed using oil and stone or gravel- due to the proximity of the parking area on SCTM 1000-56-7-4.1 to the freshwater wetland the use of oil is not recommended. 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 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 deternfipation of consistency. *Except minor exempt actions including Building Permits and oth the Coastal Erosion Hazard Area. Before answering the~ minor action list, policies Waterfront beneficial in Section C, the preparer of this form should~e¥iew the exempt explanations of each policy contained in the Town of Southold Local A proposed action will be evaluated as to its significant n the coastal area (which includes all of Southold Town). If any question in achievement of the LWRP policy Thus determination that it standards and conditions. If an action standards and conditions, it yes", then the proposed action may affect the review law. if necessary, modified prior to making a practicable with the LWRP policy certified as consistent with the LWRP policy A copy of the LWRP is available in the following C the Board of Trustees libraries B. DESCRIPTION OF SITE AND SCTM# 056 07 004.1 The Application has been submitted to (check appropriate response): Town Board [] of Southold's website Plann).ng'il~e~trt~ ment, all local DEC 12 2012 Planning Dept. [] Building Dept. [] Board of Trustees [] 1. 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: 1 0 2g 3 Applicant proposes to dear a portion (22, 000 square feet :e o/the westerly section of subject prope~g in order to provide areas o/additionM parking & gravel driveways, storage for boats and trailers, and a portion o/a proposed cuI-de-sac (24, 500 square feet ~ overall) all within the western section of the property, in order to facilitate the comraercial use of the contiguous prope~v to the east (Mill Creek Partners, LLC). Attach additional sheets if necessary Location of action: Site acreage: 64~600 Main Road; Town of Southold, New York 4.5 acres + Present land use: Commercial Marina. Present zoning classification: M - II 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: MILL CREEK PARTNERS~ LLC (b) Mailing address: P.O. Box 326~ Cutchogue~ NY 11935 (c) Telephone number: Area Code ( 631 ) 734 - 5217 (d) Application number, if any: N/A 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? 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 Ill - Policies; Page 2 for evaluation criteria. [] Yes [] No [] Not Applicable The proposed project is for the enhancement of the existing property which has existed harmoniously within the surrounding community for many years without any form of adverse impact. Consequently, we believe that this project fally satisfies this Policy. 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 proposal is not applicable to this Policy. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 5 through 7 for evaluation criteria [] Yes [] No [] Not Applicable No snbstantial change to the current visual quality of this section of shoreline. This proposal is not applicable to this Policy. 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 This proposal is not applicable to this Policy. 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 This proposal is not applicable to this Policy. 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 is not applicable to this Policy. 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 is not applicable to this Policy. 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 This proposal is not applicable to this Policy. 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 This proposal is not applicable to this Policy. WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable This proposal is not applicable to this Policy. 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 evaluation criteria [] Yes [] No [] Not Applicable This proposal is not applicable to this Policy. 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 is not applicable to this Policy. 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 is not applicable to this Policy. Created on 5/25/05 l l.'20 AM ~XlSTIN~ ~UILIS'IN~ I,'IA~INA PLANTIN~5 - T'YPIC, AL AI~.,T~TAPHYL~ LIMA-UR.Gl, D~ARE~I~Y, I~' HT R:1603,63' L=292.7§' (TIE LINE ALONG MEAN HIGH WATER MARK} t t SOUTHOLD BAY $1T = P' AN SCALE: 1" = 40'-0" SITE DATA SCTM # PROPERTY: ADDRESS OWNER: SITE: ZONING: SURVEYOR: 1000-56-07-,4.1 64600 Route 25 Greenport, NY 11944 PRIN; 194,199 SQ,FT, M-II Hands on Surveying 26 Silver Brook Drive Flanders, New York 11901 LICENSE #050363 DATED MAY 1, 2006 LOCATION MAP NOTES DEC 12 2(]12 TRUSTEE APPROVAL REVISIONS: D~WN BY: UT CHECKED BY: NS DATE: Dec 5, 20~2 SCALE: SHEET TITLE: SITE PLAN SHEET NO: