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HomeMy WebLinkAbout1000-104.-8-2.5 OFFICE LOCATION: O��QF SU(/1y010 MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) G • Telephone: 631 765-1938 Southold, NY 11971 �� Fax: 631 765-3136 �'y�UUNTY,Nc� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Michael Domino, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Date: June 14, 2018 Re: Local Waterfront Coastal Consistency Review for BAY AVENUE HOLDINGS, LLC, c/o EDWARD VIOLA SCTM# 1000-104-8-2.5 En-Consultants on behalf of BAY AVENUE HOLDINGS, LLC, c/o EDWARD VIOLA requests a Wetland Permit to remove and replace in-place approximately 137 linear feet of existing timber bulkhead with low-sill vinyl bulkhead (keeping face pilings elevated), and remove and replace in- place ±8' timber return with low-sill vinyl return; incidentally dredge 5' x±137' area seaward of proposed low-sill bulkhead to a maximum depth of-3' Mean Low Water; and use approximately 25 cubic yards of resultant dredge spoil to back fill approximately 590sq.ft. area landward of low-sill bulkhead to be planted with Spartina alterniflora 12"o.c. Located: 8000 Skunk Lane, Cutchogue. SCTM# 1000-104-8-2.5 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. Require turbidity controls to further Policy 6 and comply with Chapter 275 Wetlands and Shoreline regulations. 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: Damon Hagan, Assistant Town Attorney A., "I np Town of Southold � � � � � y LWRP CONSISTENCY ASSESSMENT FORM �UN I 12018 A. INSTRUCTIONS 1, All applicants for permits* including Town of Southold agencies, shall ompletkatn i a"' F for proposed actions that are subject to the Town of Southold Waterfront Cons i w:l'l-s 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), 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 SCTM# 104 - 8 - 2.5 PROJECT NAME Broadwaters Cove Marina Bulkhead Replacement The Application has been submitted to (check appropriate response): 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: VN Nature and extent of action: Remove and replace(in-place)approximately 1371f of existing timber bulkhead with low-sill vinyl bulkhead(keeping face pilings elevated to safely secure existing marina floating docks),and remove and replace(in-place)+/-8 timber return with low-sill vinyl return; incidentally dredge 5'x+/-137'area seaward of proposed low-sill bulkhead to a maximum depth of-3'MLW; and use approximately 25 cy of resultant dredge spoil to backfill approximately 590 sf area landward of low-sill bulkhead to be planted with Spartina altemiflora (12" O.C),all as depicted on the project plan prepared by En-Consultants,dated May 13,2018. 1, l Location of action: 8000 Skunk Lane(aka Bay Avenue),Cutchogue Site acreage: 2.706 Present land use: Marina Present zoning classification: Marine I 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:Bay Avenue Holdings,LLC;Attn.: Edward Viola (b) Mailing address: c/o Broadwaters Cove Marina 8000 Bay Avenue,Cutchogue,NY 11935 (c) Telephone number: Area Code 631-835-3737 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes VN No ❑ 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 The project's purpose is to maintain the historically bulkheaded shoreline on the west side of the existing manna basin. However,due to the vast expanse of vegetated tidal wetlands to the west and the erosional loss that has occurred landward of the existing bulkhead to be replaced due to aging,a low-sill bulkhead is proposed in place of the existing traditional bulkhead. The low-sill bulkhead will effectively separate the marina basin from the wetland area,thus preventing erosion and sloughing of the wetland area into the marina;and will safely secure the existing marina docks with elevated face pilings,all without adversely impacting the vegetated tidal wetland area. In fact,use of the low-sill bulkhead will allow for the enhancement of the tidal wetland area by allowing for the creation of approximately 590 sf of vegetated intertidal marsh between the bulkhead and existing vegetated high marsh on the landward side of the bulkhead. The project is therefore consistent with Policy 4. 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 Insofar as Policy 5 is applicable to the project,the project is consistent to the extent that the proposed low-sill bulkhead will be constructed with untreated vinyl sheathing;and the project will result in a net increase in vegetated tidal wetlands. 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's purpose is to maintain the historically bulkheaded shoreline on the west side of the existing manna basin. However,due to the vast expanse of vegetated tidal wetlands to the west and the erosional loss that has occurred landward of the existing bulkhead to be replaced due to aging,a low-sill bulkhead is proposed in place of the existing traditional bulkhead The low-sill bulkhead will a)effectively separate the marina basin from the wetland area,thus preventing erosion and sloughing of the wetland area into the marina,b)allow navigable water depths to be maintained in the marina basin,and c)safely secure the existing floating docks with elevated face pilings,all without adversely impacting the vegetated tidal wetland area In fact,use of the low-sill bulkhead will allow for the enhancement of the tidal wetland area by allowing for the creation of approximately 590 sf of vegetated intertidal marsh between the bulkhead and existing vegetated high marsh on the landward side of the bulkhead. Therefore,consistent with Policy 6,the effect of the project will be the protection and restoration of Town wetlands adjacent to the existing marina 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 FIN o® Not Applicable 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 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. ❑ 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 TITLECoastal Management specialist DATEMay 14,2018 Robert E. rrmann Amended on 811105 BROADWATERS COVE MARINA, 8000 SKUNK LANE,CUTCHOGUE i • • ' Earth 21-0 Figure 1. Aerial image of subject property,marina basin,and westerly bulkhead to be removed and replaced(in-place)with low-sill vinyl bulkhead. October 2017 image by Google Earth. r e A 1 .j Figure 2. Looking southeast at northerly end of existing±13 7'timber bulkhead to be removed and replaced(in-place) with low-sill vinyl bulkhead;and at S'wide area seaward ofproposed bulkhead(left)to be incidentally dredged. BROADWATERS COVE MARINA, 8000 SKUNK LANE, CUTCHOGUE d I t ` . 1 { I `l I Figure 3. Looking southeast overtop of existing±137'timber bulkhead to be removed and replaced(in-place)with low-sill vinyl bulkhead and at area landward of bulkhead(right)to be backfilled with dredge spoil and planted with S.alterniflora. T� -_—_ Ard� �PF"! Lt lPSy�`!�! A � �{♦j 5� ���d1 7 s Figure 4. Looking northwest at+8'timber return to be removed and replaced(in-place) with low-sill vinyl return; and at area landward of bulkhead(left)to be backfilled with dredge spoil and planted with S. alterniflora. BROADWATERS COVE MARINA, 5000 SKUNK LANE,CUTCHOGUE 13 i 4 { a� s �jr 4, fff • fi r w . v Figure S. Close-up view(looking northwest)of approx. 590 sf area between location ofproposed low-sill bulkhead and existing high marsh to be backfilled with dredge spoil and planted with intertidal marsh (Spartina alterniflora,12"O.C.). Al t �� .�1 f .,V��Ir r�O!� ' A�' � � �C��� • e�^ �t ��f ���� +�i�. tAp. [+l� ��,., Z •� R � r ,F�1 t11� 'l+ rf3� �1 '�><1� � f t.. .� �1 1 j'; � Jj �+� //�� I.r .� i ��`�;;�► i��` �� i ' +baa,' d�� , ' � T+� �. � I, � � ' � 4,�f� Fti'.�;� v.P C, , � t Y4•�«.. . M Figure 6. Looking west from ex floating dock at area between location of proposed low-sill bulkhead and existing high marsh to be backfilled with dredge spoil and planted with intertidal marsh. . Suffolk Co mN I&trom Map 45 �5yy 511 (ACa55VIA 51A3 tCf ROP�W&MA JNA M51N I +2ppp 13Y PAU) F�", M e 2018 l QBE Hog 0fi` �A •(� �YYY1 �nopy, 09 9O�y� Esc �o • ," 1 f \NG a' AA Hog AVF,, = G'6�e_G U'T r . 6�'V\NSW 6.5 E N - CONSULTANTS 6.5 *00 .NF 1319 NORTH SEA RDo 5 0 5.4 * 1 SOUTHAMPTON, NY 11968 12 \ \ 631-283-6360 o o BOTTOM OF BANK d \ EX. FLOATING DOCKS TO BE TEMPORARILY 5.3 x RELOCATED DURING BULKHEAD CONSTRUCTION BROADWATERS COVE MARINA \_36" (WESTERLY PORTION OF °' MARINA BASIN) 5.1 \ \ 5' x +137' AREA TO BE n 0^ INCIDENTALLY DREDGED TO 9� y\ 5 A MAX. DEPTH OF —36"MLW (APPROX. 15 CY SPOIL 4.4 k TO BE USED AS BACKFILL) 0.8 \ Notes; a HM \� APPROX. 590 SF AREA BETWEEN PROP. LOW—SILL I, Pu fo maintain exl5tl bulkheaded \ BULKHEAD AND EX. HIGH MARSH TO BE BACKFILLED 40 AND PLANTED WITH S. ALTERNIFLORA (12"O.C.) shoreline alonq west side of manna basin, usinq low-sill bulkhead to allow for °'g E Intertidal marsh creation \ \ EX. +137' TIMBER BULKHEAD TO BE REMOVED AND 2. 17atum:AUW-0'-0" 3.9 x\ REPLACED (IN—PLACE) WITH LOW—SILL VINYL BULKHEAD 5. flan based ontopocfaphical/hgdrooraphlc %rveq prepared bq Kemetll M.Woq&A Land \ 36" Surveying,PLLC,dated Jmwrq 29,2018 HM —36 ±8' TIMBER RETURN TO BE REMOVED AND 4. Approx.25zgspoltabemcidentallydred*J­from 3.4 REPLACED WITH LOW—SILL VINYL RETURN 1r 5'wide area seaward of low-sill bulkhead(to be cmtrixW m place of ex,bulkhead) and used as t.o \ a backfill/substrate for creation of approx.590 sf 0• of intertidal marsh landward of new low-sill bulkhead 3.4 5. Low-5111 bulkhead wall to be comMicted of vanll p�Op05�n f3UI.KH�AI� f'I.AC�M�N1" 4wathi q,pre5wre-treated Anxtural tubers, _ MLLW G/fin ANP and Wipped galvanized steel hardware;face 19 � � IM WITH I.OW-5LI. PUI.KHM pilir*to remain elevated to safely secure docks o, yo —o ' _ 6. Plan and crossvlewdiaq-amsare 56onaUcin oa 5' HM 16 INfR-1112AL MA95H CIZ�A110N FR nature and are intended odgto establish project PAY AV�NU� HOI.nINGS LLC ON locatlan,scope,and basic cm5tructionl details for painumgpurposes and are not intended to 1" = 30' DPOAl2WATM5 COV�, CUf CHOGT, 5em a5 or m6gbWL-for mqmm-mq or cm6truction plans for cor&Vuc*n purposes SUFFOI.K COUNTY, NY I. Project location: 8000 Paq Avneue. Cutcogne;SCTM No.1000-104-8-2.5 5H��f I OF 2 5-13-18 MAY 1 5 2018 5�CTION THPU IN-FLAa C UHM2 VMACMW(TYK) WIDE AF,EA(VAR.) 13VMN FkOF,PLKHP.ANt2 EX. MAP,5H TO IX PACKFUR?WITH APPPDX,25 CY SPOIL 20' AN19 PLANtP WITH 5 AtPNlFLOPA(12" O,C) TX.FLOATING POCK5 TO P�WOMILY �X,HM- �L.OF�X. 13LKHP, P\ 0CA912 PLION6 CON5fFUCflON -44 d/lbibi I MHW- 2'-4" �x6jl Up MIIW- ol-oll (2) 6'' x 6" WAE5 KOR CP -36"MLW HEI,ICA,ANCHOP\5 I 5'W112E AeA TO PF lNClI2%fAlY i7e- %Tl?fO MAX.DEPTH OF PP\OP.0*511,L VINYL 13LL"V IN -36"MLW(APPPDX.25 CY 5POL) PLACE OF M 1IM13EP,DLLM) 4� 4/10" x 10" x 14' VINYL 5tATHIN6 1 0" x 20' PILF5 E N - CONSULTANTS 1319 NORTH SEA R-D. SOUTHAMPTON, NY 1 ]968 631-283-6360 PI?OPO5�19 [31KH�AP �P!,AaM�Nf WITH LOW-511.1, [31KH�A]2 ANP INT��-11[9& MM5H CATION FOP, 13AY A\/�NX HOL19INC45 1,I C ON 13POAPWAS5 COVE, CUTCH06X, 5UFFOLK COUNTY, NY 151-11��f 2 OF 2 5 45-16 S.C.T.M. NO. DISTRICT: 1000 SECTION: 104 BLOCK: 8 LOT(S):2.5 U.P. . • '�� OF P ,� � ,� , V Y � 006 • . . , ,. Y .. SFA:�•• . �G\ o 6.5 ` / _ X000 VAP 000 :..::•.... 5.4 1.2 1.0 5.3 �O 0.8 \ 5.1 \.• \\ TIMBER BULKHEAD 4.4 0.8 4.0 0.8 \ \ 3.9 \ FF), O MAY 1 5 2018 to `\ 3.4 \ \ 0. 3.4 \� BROADWATERS COVE MARINA9 --____ `L' \ �• OM OF BANK WESTERLY PORTION OF 2, MARINA BASIN THE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL LOCA77ONS SHOWN ARE FROM FIELD OBSERVA77ONS AND OR DATA OBTAINED FROM OTHERS. AREA: ELEVA77ON DATUM: MLLW_0.0 UNAUTHORIZED AL7ERA77ON OR ADDI77ON TO 7HIS SURVEY IS A VIOLA 77ON OF SEC77ON 7209 OF THE NEW YORK STATE EDUCA77ON LAW. COPIES OF THIS SURVEY MAP NOT BEARING 77-1E LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM 774E SURVEY IS PREPARED AND ON HIS BEHALF TO 7HE 777LE COMPANY, GOVERNMENTAL AGENCY AND LENDING INS71TU77ON LISTED HEREON, AND TO 774E ASSIGNEES OF THE LENDING INS777U77ON, GUARANTEES ARE NOT TRANSFERABLE. 774E OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO 774E STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE EREC77ON OF FENCES, ADDITIONAL STRUCTURES OR AND 07HER IMPROVEMENTS EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT 7HE AME OF SURVEY SURVEY OF. CURRENT SITE CONDITIONS CERTIFIED TO: BAY AVENUE HOLDINGS, LLC; MAP OF: FOR WESTERLY END OF MARINA BASIN FILED: SITUATED AT: CUTCHOGUE TOWN OF: SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PUC SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design P.O. Box 153 Aquebogue, New York 11931 > PHONE (831)298-1588 FAX (631) 298-1588 FILE # ]— 95 SCALE: =20 DATE: JAN. 29, 20 8 N.Y.S. LISC. NO. 050882 maintaining the records of Robert J. Hennessy k Kenneth M. Woychuk m ° Z—P .a $6 �, •P f�, ''S e at S 5� G 9 y. M mmu^1c) m F.0 2g t LO a � NG •" 'Z B � LO __ 8 t ♦ Sp. ,Q P� t'! B F��s` 5x t"= a+"'or tww :x° a =a y a del 01 10 55 6+ iot 1t e� "ata 2. At c`l Ct \ p e 13 eNQ puo(7 1 �'"M C•p s ° t B ,A m / \ y1<J � � / \ wmcarsttacr m y �ry � +9 Po � �\ •1 BROADWATERS COVE \ IM TOWN OF SOUTHOLD \ 1 SNC) g.+ 12 38�. w °moi l 31-WC) I At t4Hc) Is taq°) 7 l 5-Cyt, HAYWATER COVE !! mn "a. 1z. _b13 }I ���� '� �..` a d, id 'e� m 40 a a°•*° a 11� P20 :y2' �"+°. 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