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HomeMy WebLinkAbout1000-66.-3-14 & 15 OFFICE LOCATION: *OF SU(/lyOlO MAILING ADDRESS: Town Hall Annex P O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd &Youngs Ave.) � • �p Telephone: 631 765-1938 Southold, NY 11971 Q�yCOU�'�,�a Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Michael Domino, President Town of Southold Board of Trustees From- Mark Terry, LWRP Coordinator Date: January 13, 2017 Re: LWRP Coastal Consistency Review for FROST ROAD ASSOCIATES, LP, c/o JOHN J. NICKLES SCTM# 1000-66-3-14 & 15 Suffolk Environmental Consulting, Inc. on behalf of FROST ROAD ASSOCIATES, LP, c/o JOHN J. NICKLES requests a Wetland Permit for a Ten (10) Year Maintenance Permit to dredge approximately 650 cubic yards of material within an area of the channel entering Petty's Pond; dredging to be done to a depth of-4.5't MLLW(side slopes at 1:3); width of dredging to be 25.0'; dredging to be performed by typical clam-shell bucket; dredged material to be placed on beach located t55' to the southwest, above the HWM, via typical front-end loader. Located: 2015 Arshamomaque Avenue & 1840 Frost Road, Channel leading into Petty's Pond, Southold. SCTM# 1000-66-3-14 & 15 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 action is CONSISTENT with the below listed Policy Standards and therefore is CONSISTENT with the LWRP provided that: 1 The Board assess the applicability of turbidity controls as specified in Chapter 275 Wetlands and Shoreline of the Southold Town Code to further Policies 5 and 6. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Form TS 1 JAN 0 9 20'11 Southold Town Town of Southold Planning Board LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. 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 of Southold Town). 3 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- supporting 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 FgcT O,4p Ass oc��-rSS SCTM# - 3 - 1 N/A The Application has been submitted to (check appropriate response): Town Board ❑ 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: Applicant proposes to dredge, with ten (10) years maintenance, approximately 650 cubic yards + of material within an area of the Channel entering Petty's Pond that is experiencing excess sedimentation. Depth of dredging to -4.5' ± MLLW (Side Slopes @ 1:3). Width of dredgingto o be 25.0'. Dredging to be performed by typical clam-shell bucket. Dredged material to be placed on beach located 55.0' ± to the southwest, above the HWM, via typical Front-End Loader. Location of action: Northeast of Arshamomaque Ave -Southold-New York Site acreage: N/A (Channel leading into Petty's Pond) Present land use. N/A (Channel leading into Petty's Pond) Present zoning classification- N/A (Channel leading into Petty's Pond) 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: John J.Nickles (b) Mailing address: P.O.Box 877 ■New York• 11971 (c) Telephone number: Area Code ( 631 ) 765 - 3416 (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?Army Corps of Engineers,NYS Dept.of Environmental Conservation,NYS Dept.of State 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 Such proposed maintenance through dredging to maintain navigation through this existing channel would allow the coastal area to continue to benefit the residents occupying the waterfront land along Petty's Pond out to Southold Town Harbor. Consequently, we believe that this project is compliant with this Policy. 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 Policy 2 is not applicable in that subiect lot and the surrounding neighborhood cannot be deemed a substantial historic and/or archaeological resources. Attach additional sheets if necessary s 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 Maintenance shall be underwater, thus any changes will not be visible. Therefore, for the proposed maintenance, this policy is 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 Subject proposal is not applicable to this Policy. 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 Subiect proposal is not applicable to this Policy. =n 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 Subiect proposal is not applicable to this Policy. 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 SuNect proposal is not applicable to this Policy. 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 Subject proposal is not applicable to this Policy. Attach additional sheets if necessary 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 Proposed dredging maintenance would allow the channel existing to be utilized by boaters to enter and exit Petty's Pond from Southold Town Harbor. By allowing more recreational access, subject proposal satisfies this Policy. Attach additional sheets if necessary 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 Subject proposal is not applicable to this Policy. 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 Subiect proposal is not applicable to this Policy. 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 Subiect proposal is not applicable to this Policy. 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 Subiect proposal is not applicable to this Policy. Attach additional sheets if necessary Created on 5/25/05 11:20 AM FROST ROAD ASSOCIATES, LP Property Situate: Arshamomaque Ave ■ Southold• New York SCTM #: 1000—066—03—014 & 015 PROJECT SITE s M . yg a O K • PROJECT SITE s , FROST ROAD ASSOCIATES, LP Property Situate: Arshamomaque Ave ■ Southold ■ New York SCTM #: 1000—066—03—014& 015 (Photo taken on September 28, 2016) +r a. a F Photograph indicating the entrance to the Petty's Pond Channel, and the area of the proposed dredging (blue shading), facing southeast. s FROST ROAD ASSOCIATES, LP Property Situate: Arshamomaque Ave■ Southold ■ New York SCTM #: 1000—066—03—014&015 (Photo taken on September 28, 2016) ti Photograph indicating the area of the proposed dredging (blue shading), within the Channel to Petty's Pond, facing northwest. FROST ROAD ASSOCIATES, LP Property Situate: Arshamomaque Ave■ Southold• New York SCTM #: 1000—066—03—014 &015 (Photo taken on September 28, 2016) F, lip OWN 6 r � c g - J t s� Photograph indicating the entrance to the Petty's Pond Channel, and the area of the proposed dredging (blue shading), facing northwest. III 1•• 1 1 : 1 r , w 40 tj I N17 1 ' r � . .✓ J���Ji(' I �4 a �� � JL4 9 � � . i f o��.. G �, � :► i: �,. 1 •: tar-`,.`�.'a,. ;tz' _ x � v _ A A^ N s� #a.s- �- rx 1 1 • � • • 1 1 1 1 • • • � 1 1 1 1 ' 1 1 1 1 • • N Hydrographic Map 0+25 6 Petty's Pond - Southold W E Surveyed: 11-07-15 y- Datum: MLLW _ ----- 1"0+50 �� �oC X0� s 40' Q o. 0 X tk o,�� \X� ro q6' 1+50 ..........'roti............. 0 5 Izr2.3....2.,1 \ h �D tk 1+15 9 6% •\ /�b�e O �oc� \b. 2+00 o�iP^ o �y �,. \��9F. ryx0 2+25 � '; \� 1 ; � 0 2+50 \ 0 `�04 0 2+75 0�o,<o � 6/,�0�� cly 6 O OG oe � ... �' 3+00 IF 3+25 n ± ►' s Q \ Elr u` [���� \S -s h ,moo \� •s \ '•s lri I ` Vii( L \� ss '� \s \ \,��,� + �, ;.......•......................... 3+50 DEC - 7 2016 8 \ss \s '' \2 •8 25 wide channel "I-10 Seuaiu;a kwn cut to -4.5 MLLW B f(♦Of T((tS� C3 -J s s s \s s \ o 9 1v : 3h slopes \� 4s 101> .9 P Town •� s ✓e�� approx 650 CYs 1 - Harbor s \`�� \s � s s2 � y O EIVV'`� \s o s s ,� O,A COO ff,'f` s s9 \6 \6 9 ROBERT H. FOX 68 NYS PLS#50197 u \6 � •8 PO Box#366 0�8A 05 Aquebogue NY 11931 Fpm- 0 9 6 SITE PLAN Scale: 1.0" = 50.0' ± o O Adapted from the HYDROGRAPH oxyJ'" AREA of PROPOSED IC MAP,as prepared by SEA 'P LEVEL MAPPING,last dated DREDGING November 7,2015. (8,750 square feet±) a - 'o.. 2:3•..2.1 2 LCDEC — 7 ° s ' 2016 0 t 06 , 9os°o� �.> Smtliold-own 1� s '2�' , O B ro of Tirmter -J QO S O NOTE: Numbers highlighted in ':; os Yellow (i.e., 1 + 50) to be referred to on page 2 regarding cross-sections `°oz of dredging within the channel. °�0�<°s:' , o j�bi �� `'10s `\ �x NOTE: The Tidal Wetlands Boundary O .. HNt` is equivalent to the High Water 19 s Mark. .�`o NOTE: Low Water & High Water located along the face of the bulkheading within Petty's Pond. FROST ROAD ASSOCIATES (c/o John Nickles) Project Situate: Pettv's Pond (northeast of Arshamomaque Avenue■ Southold■ New York Date: November 2,2016 SUFFOLK ENVIRONMENTAL Scale: 1.01, = 50.01± CONSULTING, INC. Drawn by: mdi of P.O. Box 2003 • Bridgehampton•New York• 11932 Comments:rre�ared for re_�latorUsubmissionfor re_�htorUs�6mission. (631)537—5160(office) •(631) 537—5291 (facsimile) CROSS-SECTIONAL TRANSECTS of PROPOSED DREDGING (Transects @ 25') ---- 0+25 2+00 KEY 0+50 i �`-- 2+25 EXISTING UNDERWATER - - _��------ ------- __ GRADE AREA to be DREDGED to ti �0+75 _.� f� 2+5G -4.5' C& MLLW 1+00 �J_ __2+15 ��.,.� .t —__---- •`;�_._— fie__-- _ __._.___--_____—. 3+00 1+25 f ------ --- I) ATER n "f I+50 3+25 DEC 7 2016 � —. 1+75 _ —�— 5+50 + L�__8 ��4 Tri'c+yrs FROST ROAD ASSOCIATES (c/o John Nickles) Project Situate: Petty's Pond (northeast of Arshamomaque Avenue- Southold■ New York Date: November 2,2016 SUFFOLK ENVIRONMENTAL Scale: NCS L :Ai F CONSULTING, INC. Drawn by: mdi P.O. Box 2003 -Bridgehampton-New York- 11932 of Comments: Prepared for regulatory submission. (631)537—5160(office)- (631)537—5291 (facsimile) 1 i y Ilb:r rr A,, F r r y a . r _. FROST ROAD ASSOCIATES (c/o John Nickles) Project Situate: Pettv's Pond (northeast of Arshamomaque Avenue • Southold■ New York Date: November 2,zo 16 SUFFOLK ENVIRONMENTAL Scale: N0SCAT F_ CONSULTING, INC. 4 Drawn by: mdi / of P.O. Box 2003 •Bridgehampton•New York• 11932 Comments: rre j2areJ for regulatorN submission. (631)537—5160(office)•(631)537—5291 (facsimile) PROJECT DESCRIPTION: Applicant proposes to dredge, with ten (10) years maintenance, approximately 650 cubic yards + of material within an area of the Channel entering Petty's Pond that is experiencing excess sedimentation. Depth of dredging to -4.5' ± MLLW (Side Slopes @ 1:3). Width of dredging to be 25.0'. Dredging to be performed by typical clam-shell bucket. Dredged material to be placed on beach located 55.0' ± to the southwest, above the HWM, via typical Front-End Loader. SPOIL DEPOSITION CROSS-VIEW variable a 20'±(Average) No Scale Variable a 20'± Variable®5'± IT) IL DEC 7 2016 Proposed Siltation Fencing ---____-- Resultant Dredge Spoil � SaUtf,eld i0l"!p AHW (to be De-Watered/GradedlGroomed) Board of Trus*ees ALW FROST ROAD ASSOCIATES (c/o John Nickles) Project Situate: Pettv's Pond (northeast of Arshamomaque Avenue■ Southold- New York Date: November 2,20 i 6 SUFFOLK ENVIRONMENTAL Scale: NCS SC:A( F CONSULTING, INC. Drawn by: mdi P.O. Box 2003 -Bridgehampton-New York-11932 of Comments: Prepared for regulatoru submission. (631)537—5160(office)-(631)537—5291 (facsimile) yS'w y ro f,/- \.,ter•. .... 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