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HomeMy WebLinkAbout1000-111.-10-1.1 OFFICE LOCATION: O��QF SU(/jyOl MAILING ADDRESS: Town Hall Annex P.O Box 1179 54375 State Route 25 Southold, NY 11971 (cor Main Rd. &Youngs Ave.) Southold, NY 11971 ® �p� Telephone: 631 765-1938 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Michael Domino, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Date: October 16, 2017 Re: LWRP Coastal Consistency Review for CHARLES LOMANGINO TRUST SCTM# 1000-111-10-1.1, 1.2 & 2 Suffolk Environmental Consulting on behalf of CHARLES LOMANGINO TRUST requests a Wetland Permit for a Ten Year Maintenance Permit to restore the navigability of a man-made channel in a lagoon located contiguous to applicant's properties by maintenance dredging the channel within an area measuring 30.0' wide by 350.0' long, dredging up to a depth of-4.0' below mean low low water, extending from the northern entrance to the southern terminus, resulting in 350 cubic years of dredge spoils; dredging will utilize a typical closed-bucket dredge, mounted on a crane; the resultant spoil will be placed on lands owned by the applicant along the eastern shoreline of the channel and contained by placement of hay bales and siltation fencing around its perimeter. Located: Dug Lagoon off Horseshoe Cove, 1035 Meadow Beach Lane, 602 Meadow Beach Road, & Lowland Road, Cutchogue. SCTM# 1000-111-10-1.1, 1.2 & 2 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 Policy Standards and therefore is CONSISTENT with the LWRP provided: 1. In water turbidity controls are require during dredging operations. Pursuant to.Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. D EEE Form TS 1 OCT 0 6 2011 Town of Southold southoid Town LWRP CONSISTENCY ASSESSMENT FORM Planning Board 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",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. 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 SCTM# 1000 — 111 — 10 — 001.1, 00 1.2, 002 (creek contiguous to the above lots) 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 restore the navigability of a man-made channel located contiguous to applicant's properties, and which provides access into Horseshoe Cove. Applicant requests a Ten — Year Maintenance Dredge of the channel within an area measuring 30.0' Wide x 350.0' Long, extending from the northern entrance to the southern terminus, resulting in 350 cubic yards of dredge spoil. The dredging will utilize a typical closed-bucket dredge, mounted on a crane. The resultant spoil will be placed on lands owned by the applicant along the eastern shoreline of the channel that have historically been utilized for dredge placement. The placed spoil will be contained by placement of haybales and siltation fencing around its perimeter. Location of action: Creek proximate (to west) of Lowland Rd. &Meadow Beach Rd. Site acreage: N/A (Creek leadige into Horseshoe Cove) Present land use: N/A (Creek leadinje into Horseshoe Cove) Present zoning classification: N/A (Creek leading into Horseshoe Cove) 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: CHARLES LOMANGINO (b) Mailing address: 2401 PGA Boulevard- Suite 200-Palm Beach Gardens-FL■33410 (c) Telephone number: Area Code ( 561 ) 512 - 1491 (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, New York State Department of State, New York State Department of Environmental Cons. 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 this creek out to Horseshoe Cove and waters beyond. 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 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 Subject proposal is not applicable to this Policy. 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 Subject 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 Subiect 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 the creek from Horseshoe Cove and waters beyond. 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 Subject 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 ti LOMANGINO Property Situate: Dug Lagoon off of Horseshoe Cove • Cutchogue ■ New York �., Photo taken on May 8, 2017. T Photograph indicating the staked out location of the proposed spoil site along the eastern shoreline of the creek (above MHW), ,.:,' facing west. .lr v � 0E VE s �1,7 Southold Town a Tr r •. r LOMANGINO Property Situate: Dug Lagoon off of Horseshoe Cove • Cutchogue - New York Photo taken on May 8, 2017. Photograph indicating the staked out location of the proposed spoil site along the eastern shoreline of the creek (above MHW), facing southwest. VE Southold Town _ t Board of Trustees r LOMANGINO P - , Situate: Dug Lagoon off of Horseshoe Cove • Cutchogue New York Photo taken on May 8, 2017. Photograph indicating the staked out location of the proposed spoil site along the eastern shoreline of the creek (above MHW), facing northwest. F � C ' 6 � ,.Wit:, 4., zf' 4'� _^•y M R+ n Sautnold lown r Tr e _ ea LOMANGINO Property Situate: Dug Lagoon off of Horseshoe Cove • Cutchogue • New York Photo taken on May 8, 2017. Photograph indicating the current conditions of the entrance into the creek proposed to be maintenance dredged, facing west. k C F 1 V E S I -,ni LI,17 Southold Town Board LOMANGINO Property Situate: Dug Lagoon off of Horseshoe Cove • Cutchogue • New York Photo taken on May 8, 2017. Photograph indicating the wetlands boundary along the eastern section of the creek, facing east. VI i i yh. q9 y 4$ f A lrrae �4�_ y, _s. ♦, ECEII! E SEP 1 2 2017 ' Southold Town LOMANGINO Property Situate: Dug Lagoon off of Horseshoe Cove • Cutchogue • New York Photo taken on May 8, 2017. Photograph indicating the wetlands boundary along the eastern section of the creek, facing north. � C _E_IV Southold Town —Board of Trustees e.— t �i I e LOMANGINO Property Situate: Dug Lagoon off of Horseshoe Cove • Cutchogue • New York 1 Pi-v:SuN,:#k bl.}ttini c.k. PROJECT SITE A ma 1yo,\ 1 PROJECT SITE... ' VCFS E E , t ; 1 ? 2017 I Southold Town LOMANGINO Property — Proposed Maintenan '00- " Z Aerial photograph indicating the proposed area of maintenance dredging, the location of the i----- .__. __ i proposed spoil site, location of the tidal wetlands boundary, the location of the observed high water Situate: Dug Lagoon off of Horseshoe Cove • Cutchogue - New 4k mark and the identification and location of the LOMANGINO properties. AERIAL SITE PLAN Scale: 1.0" = 60.0'± ONEt 1 • j A l 1 • • f s : ► SPOIL SITF (350 cubic yards) i. .� PROPOSED q _ F,_w rid` ' .��r�•�•�s�'� �' .��.... 1� •�c , ' � ! �`1 SILTATION : r iso '• RAY BALE Li N Er t SUFFOLK ENVIRONMENTAL CONSULTING, INC. P.O. Box 2003 • Bridgehampton • NY • 11932 • ° • •' (631)537—5160 (office)• (631)537—5291 (facsimile) Date: May 2, 2017;July 24, 2017 • Scale: 1.0" = 60.0' ± 1 S SITE PLAN DETAIL Scale: 1.0" = 20.0' ± OBSERVED HIGH WATER MARK ses////i//fi/illi/ifiii/ffi/f/if/iffffff//........... 10' PROPOSE SILTATION FEN ING i PROPOS,�D. _ HAY BALE L NE U SPOIL SITE " (50�x 1 DD') LOMANGINO # •• . ti € Property � ECEI LOMANGINO E Property SEP 1 2 2017 # i Southold Town Board Trustees TRANSECT"A" TIDALWETLANDS BOUNDARY, as per SUFFOLK ENVIRONMENTAL CONSULTING, INC.on 10-11-2o16 TRANSECT "A" CROSS — VIEW 63 ----- 1, 48, TIDAL WETLANDS BOUNDARY, as per I SUFFOLK ENVIRONMENTAL r----------- ------ -------- ----- CONSULTING, INC. on 10-11-2016 OBSERVED HIGH PROPOSED PROPOSED SPOIL WATER MARK SILTATION FENCING (350 cubic yards) PROPOSED HAY 24' BALE LINE t i z 13' 4 -rte_-- i _ _ '- 4_� .o *IWIMalYuwroxbdani - - m - ;IA =.::w $,.,,...1? �• _ :.i i.... r...•t e_• � „i'•i°'hF'atieet wa1000 '3a.e IRM! allIII PROPErJv�wv a ro. ♦ r. d O ,ANu � r r�2z r 2r ® ro, ♦ 1 ♦ ♦ � • `Y r ° I `�-' \ gyro.' ar b r � .emle ---'" a I 1 + e '•P� ,�!' i .s r -' .• � � ^, 'b W '� _-�•3r .. 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NOnCE COUNTY OF SUFFOLK © K 0' a..v sourwww SEcTION NO a —.zz— (xl) – O-- --p-- --�-- ....,w�c..,w,,.�....�a Real Property Tax Service Agency v _ Cw•ny Cr,V lan,ar,,N,'„MI Y 'µa .� ,x,Nn•,xu �•• —_— e...t� --•-- o.....--'-- :} •• F ne ao 1000 PROPERTY rMP t •el —____ —_ m•,rsa WFr4aw _ Hydrographic Map Horseshoe CoveE C E i V E N Ml W Surveyed: I 0- 6 c Amended: 03-20-17 —70 1 *E t Town: Southold rFSEP 1 2 2017 S Suffolk County, NY Datum: M L L W Southold Town- Horses I v1p e a Tr Ln LA 03 0 A4 d c I? 4 R" . Oad -------------------- ve 14-00 min. 15' ITOM ide ------ ----- M., J Ln 7+00 - ---- ---- ----- -------- C) C) rnJ r1 6+50 V- ------------------ -- cut to -4 MUM 5.00 ii - ------ 5+50 - --- ------- -- OIt 5+0( LA ILA UA "1q. co 5 LA 4D j I I I t + I firnbef OUAO do& LA b 0 00 0 0 \0 0+00 - ------------- ROBERT H. FOX J� NYS PLS#50197 P 0 Box #366 Aquebogue, NY 11931