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HomeMy WebLinkAbout1000-87.-3-2.1 & 60 L OFFICE LOCATION: OF SOUryo MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 # # Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 G~ Telephone: 631 765-1935 Fax: 631765-3136 o~yCOU~,~~ 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: September 16, 2013 Re: LWRP Coastal Consistency Review for LAUGHING WATERS PROPERTY OWNERS ASSOCIATION SCTM# 1000-87-3-2.1&60 En-Consultants on behalf of LAUGHING WATERS PROPERTY OWNERS ASSOCIATION requests a Wetland Permit for a Ten (10) Year Maintenance Permit to maintenance dredge two irregularly shaped areas, known as the "north and south marinas," to a maximum depth of -4 MLLW; and after dewatering on diked upland areas of respective dredge sites, truck offsite approximately 900 cubic yards resultant spoil from "north marina" and approximately 200 cubic yards resultants spoils from "south marina" to approved upland locations. Located: 555 & 2360 Minnehaha Boulevard, Southold. SCTM# 87-3- 2.1 &60 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 actions are CONSISTENT with the LWRP provided that: 1. Turbidity controls are required. 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 I. All applicants for perm its' including Town of Southold agencies, shall com pletc this CC A F for proposed actions that are subject to the Town of Southold W aterfroni C onsistency Review Law. This assessm ent is intended to supplem ent other inform ation used by a Tow n of Southold agency in on a k in g a d e I c r m in a tin n o f c o n s is le n c y. *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 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, listine both supporting and non- supportine facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. 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. B. DESCRIPTION OF SITE AND PROPOSED ACTION PAUG SCTM# 87 - 3 - 2.1&60 PROJECT NAME Lau in Waters P.O.A. 2 2 2013 The Application has been submitted to (check appropriate response) out od ot,,, Town Board ? Planning Board ? Building Dept. ? Board of Trustees 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: Ten year maintenance permit requested to maintenance dredge two irregularly shaped areas, known as the "north and south marinas", to a maximum depth of -4 MLLW; and after dewatering on diked upland areas of respective dredge sites, truck offsite approximately 900 cubic yards resultant spoil from "north marina" and approximately 200 cubic yards resultant spoil from "south marina" to approved upland locations, all as depicted on the hydrographic surveys prepared by Robert H. Fox, L.S., dated 5-28-13. Location of action: 555 & 2360 Minnehaha Boulevard, Southold Site acreage: Present land use: Marina Present zoning classification: R40 2. 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: Laughing Waters P.O.A. (b) Mailing address: c/o Larry B. Kulick, Association President P.O. Box 20, Southold, NY 11971 (c) Telephone number: Area Code 631-765-1463 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ® No O If yes, which state or federal agency? NYS DEC, USA COE & NYS DOS 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 the Town of Southold. 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 ? Yes ? No ® Not Applicable 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 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 project entails the maintenance dredging of two marina basins known as the "north and south marinas," which were previously maintenance dredged pursuant to Town Wetlands Permit No. 4933 issued in 1998. The dredging, which will be subject to State Tidal Wetlands approval from the NYS DEC, will be allowed to occur only outside time periods when protected species such as ospreys and winter flounder are breeding or spawning, respectively; side slopes of 1:3 will be maintained adjacent to the dredge areas to protect and prevent disturbance of the adjacent vegetated tidal marsh; a silt curtain will be employed outside the perimeter of the dredge sites to minimize the scope of ephemeral turbidity during dredging; and the proposed spoil dewatering sites will be diked and sufficiently buffered from the adjacent wetlands and surface waters prior to their removal from the site. Therefore, the proposed project is 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 ® Not 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 1-1 Not Applicable To the extent that the project is designed to maintain navigable water depths and access to marina basins that provide safe harbor and navigational access for the local community, the project is consistent with the Policy 9 goal of encouraging the recreational use of coastal waters. The project will in no way impede any public access to or recreational use of coastal waters of public lands. 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 The project is consistent with the Policy 10 standards of protecting existing water-dependent uses and providing sufficient and adequate navigation infrastructure for water-dependent uses, particularly by maintenance dredging to protect and maintain existing and previously permitted navigation channels that provide access to existing marina basins. 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 evaluation 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. 1:1 Yes El 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 E Coastal Mgnt. Specialsit DATE 8/19/13 Robert E. errmann Amended on 811105 ~rc - uw~ ~.v an1Ew d ' m 4 m,m u . rn s. a •4. ~ ~ S ' mup ' 1~ 44 nwd S ^ L ~ • ~ a ~ ve 'W ,Nd / 1 e ' .wa ~ ti l wu 2 • ^ ( vo.~^ vo.m ~.o. as . m _ ° ~ J 1 am rm . m - ,mice couN OF SUFFOLK © i c"OM R PPmmp&WTaS Ap m 87 LAUGHING WATERS P.O.A., 555 & 2360 MINNEHAHA BLVD, SOUTHOLD x ' 4 t t ° "x s i" a r ~ r x°~iv ~ - ~ - > • ~Y i~ ~ c f~ :f ~ n - Sys , c1 ` r ~ .q r J ~ a;. kryp ACS 3 'fat- ~ ~ C f. t'!!a •'1 t * .^5 s '-ta" 'S°+F;'C~e• ts'~ r 1f ,'l.i ..Kr Ile ,~.r i:.str";t~'rc~rcw~~,.,_~-~•-e~r.naiw~a•`, ~~~~~.:.,Irrkr_. t+~ ~s 714 , AM 'a~a.^.1~f3 a-.r r'~~_y' t 'vYFN'~:~.~ yep •~-~t~."~' J OWWW"", Figure 1. North Marina: Looking northwest over most westerly finger floats in marina at westerly end of proposed maintenance dred o r area. '§k?j i sii5aca• ~ 07 f Pf :3 rl~ M i T g5m`.y r• i .r 1 ^ Ft;nrc . over area adjacent w ~roarinta docks to be maintenance dredged. LAUGHING WATERS P.O.A. 555 & 2360 MINNEHAHA BLVD SOUTHOLD I 4. Figure 3. North Marina: Looking northeast front easterly end of marina docks at inside portion of navigational channel to Corey Creek to be maintenance dredged. k A1R 9~` M t F} ~F.4 4 1 i; ore 4. r worth .Marina: Looking southwest toward marina docks.Jront .S'CTM /t•or:: inside portion of navigational channel to Corel, Creek to be maintenance dredged. ?Wl> P.O.A., 555 & 2-3 60 MINNEHAHA BLVD, SOUTHOLD 9. a 11 r 1 _ 4Y ~ w e f I 5 I Rr> - ta}=ice _ I 4 ~ ~9 ~ I i•igrrrc ;P. 'sortlr Marina: LooAm west from SCI M 1000-87-3-5 over middle portion of navigational channel to Corey Creek to be maintenance dredged. 04 M -~-u+e~'Ih~. s A y t d i- ~:~~itl y~ {..4Y ,Y( d' Y rF~1t-`t' i t.~'._ f y' _ • Y` Figure (r. ;hortlr .Marina: Lunking.crrrrrltea.cl frorrr .4'r! 7;N1 1//1111-8' i-5 over' our c portion of'navigational channel to Corey (`reek to be maintenance dredged. I LAUGHING WATERS P.O.A. 555 & 2360 MIN_ NEHAHA BLVD, SOUTHOLD x , 31A.. J - NY 6692 UJ P igure 7. South Marina: Looking east from marina docks at inside portion of navigational channel to Corey Creek to be maintenance dredged. „ 1 t~ 1,~ lK 1 r t taw ' 'y a, a,f ~ t 1 1~i'!4 trn IygT f Fa t i><' v' k' tJ 4~ycl Y+~" ~:*y!4 r5 E S.i•i ~1 3 !'r a-.~1'~ s- RYA ~'Y Figure S. South Marina: Looking northwest at outside portion of navigational channel to Corey Creek to be maintenance dredged. 1l e,:h!<?I`~at, 'V-dt~."gt EWS ~byxx~(rdD IeiYI~I~LY~LADA BLVD. SOUTHOLD J { H t jz~ f x41 a~ 1 , Oil r t y - i Figure 9. Looking northeast over most easterly shoaled slip be maintenance dredged. y q , ate, Figure 10. Looking southivest at most easterly shoaled slip be maintenance dredged. Typical Spoil HYDROGRAPHIC SURVEY Section NORTH MARINA Slit Dredgqe Spoll - Dry a slit N Prepared for: LWPOA Fence move Eo approved site Fence 4Y Surveyed: 05-28-13 - - e Hay - - Doles Situate: Corey Creek ' sales ~j 1^ddihyarlos - max 2' hlgFt, \I? sales Town: Southold 3 Suffolk County, NY Datum: M L L W Z ? s~ ' oq Dredge cross hatched area 2.3 . to -4 MLLW with 2.2 - 1:3 side slopes 40, Q o.u 14 to - -o., a, (approx. 900 cy) V. \ O o o X.1 hip blkd. ,~undary / yz° 'co ~ - 1^O a m°'fd site ~ / ~ ~ °.ao~- x !>w ove i SCT# 1000-e 07-33 i 100"7 i 3CT , r a~, oV - t Haggerty / '4 sk\ 00 I 'a9fU890 141 r` AUG 2 2 2013 / Southold Tawn / `J ° "0, ' f Tr / f .tOOr Typical Channel , Section ROBER NYS PLS 97 PO Box # 366 43 3 20' wide Aquebogue -a MLLtr NY 11931 HYDROGRAPHIC SURVEY N Typical Channel SOUTH MARINA Section Prepared for: LWPOA W E Surveyed: 05-28-13 jrNpim+00000000G@ -4 Situate: Corey Creek S 7-7 Town: Southold Suffolk County, NY # float -4 MLLW J Datum: M L L W ~iNlrff NUPPNU~irNN 60' pYmmeP rOOGPUOPV W Typical Spoil Section Silt Dredgqe 5poll - Dry d 511t Fence move Eo opproved site Fence 3 j bbJ N m a m BCiles NUdG1- VQrle9 Max 2' high . Q Bales , 1 0' N D !a It, % 011 o- Dredge cross hatched area to -4 MLLW with t / a+ - r Oi 1:3 side slopes a5 ('~JJ (approx. 200 cy) a ~ Yo•/~ :~3J '`may 2.7 0.9 0.4 ``Joe 22.Y 0.3 .a aP V , 0% ixa _ r a ~pN ~Jt * 2 1 0. Z;, Re d P P Y I~1 a:9 z. D 4.sr_ 'sa ~'.a ~JS,ea ;o ~'T! v _ ~f v1' t ~'1$tt _0.9 3 Cf °J Dredge 5011 -2.e -14 . t . ~i Max. 2 h gh -Tq ~i`: ~ 1~ -1.6 .JIt> ~~Re dry d move to 0'7 -0.s -2.0 t>J s?o° approved site j -1'o .a ~ 1 -oz se' `sBs A silt tome es p r; "Y o.r `.oe. `s'.~. 0 Hay ,,,et\vr4 o J . s, o z?9 - ROBERT H. FOX e, NYS PLS# 50197 °J PO Box # 366 n$,y Aquebogue NY 11931