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HomeMy WebLinkAbout1000-111.-10-14 OFFICE LOCATION: �O��g soy01 MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) cn � � �pQ Telephone: 631 765-1938 Southold, NY 11971 Fax: 631 765-3136 CUUNT`I LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Michael Domino, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Date: August 9, 2018 Re: Local Waterfront Coastal Consistency Review for VANSTON BEAR, LLC, c/o ANDREW BECK, MEMBER SCTM# 1000-111-10-14 En-Consultants on behalf of VANSTON BEAR, LLC, c/o ANDREW BECK, MEMBER requests a Wetland Permit to remove and replace in-place approximately 1,032 linear feet of existing timber bulkhead forming boat basin and channel jetties with vinyl bulkhead; a Ten (10) Year Maintenance Permit to dredge approximately 7,800sq.ft. area of channel/mouth of basin to a maximum depth of four feet below mean lower low water; place approximately 500 cubic yards of approximately 1,400 cubic yards resultant sand spoil as backfill around replacement bulkheading; place approximately 600 cubic yards spoil in designated ±9,100sq.ft. on-site disposal area above spring high water to south of channel; and place approximately 300 cubic yards spoil in designated ±5,800sq.ft. spoil site on beach above spring high water on two adjoining properties to north, including unopened "West Bay Road" (Town of Southold) and Harbor Cove Property Owners Association (SCTM# 1000-111-10-12); and remove and replace in-place 3.5'x36' and 5'x81' fixed timber docks located inside boat basin during bulkhead replacement. Located: 5250 Vanston Road, Cutchogue. SCTM# 1000-111-10-14 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 that: 1. The Board places seasonal restriction on operations prohibiting work between March 15 to August 31 to protect protected species that could be using the area (NYSDEC Environmental Mapper). This area is within the NYS DEC Cutchogue Harbor beach Piping Plover nesting area. 2. The Board verifies that the material is suitable for beach nourishment and graded to mimic natural conditions. _ 3. Furthermore, it is recommended that Board verify if the applicant has obtained a NYSDEC Article 25 permit and consider the NYSDEC conditions outlined in a past permit(DEC PERMIT NUMBER 1-4738-00444100006) for a similar dredging action which expired in 1999, specifically; "Due to the documented occurrence of New York State listed endangered/threatened species at this site, no work which involves the operation of machinery, redistribution of sand or other physical disturbance shall be permitted during the period from March 15 to August 31 inclusive." It is recommended that the Board determines if the same restriction would still apply and if so that the applicant submit the start and end date of the proposed maintenance dredging. 4. Turbidity controls are required in accordance with Chapter 275. 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 Town of Southold 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 si nifg_ icant 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# 111 - 10 - 14 PROJECT NAMEyanston Bear,LLC 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: ❑ Nature and extent of action: Remove and replace(in-place)approximately 1,032 linear feet of existing timber bulkhead forming boat basin and channel jetties with vinyl bulkhead; dredge with ten years maintenance an approximately 7,800 sf area of channel/mouth of basin to a maximum depth of four feet below mean lower low water;place approximately 500 cy of approximately 1,400 cy resultant sand spoil as backfill around replacement bulkheading,place approximately 600 cy spoil in designated+/-9,100 sf on-site disposal area above spring high water to south of channel,and place approximately 300 cy spoil in designated+/-5,800 sf spoil site on beach above spring high water on two adjoining properties to north,including unopened"West Bay Road" (Town of Southold)and SCTM 1000-111-10-12(Harbor Cove Property Owners Association); and remove and replace(in-place)3.5'x 36'and 5'x 81' fixed timber docks located inside boat basin during bulkhead replacement,all as depicted on the project plan prepared by En-Consultants,last dated June 18,2018. r . Location of action: 5250 Vanston Road,Cutchogue Site acreage: 540,397 s.f. or 12.4 acres Present land use: Residential,smgle family dwelling Present zoning classification: R-40 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:Vanston Bear,LLC (b) Mailing address: c/o Andrew Beck,Member 118 Amity Street,Brooklyn,NY 11201 (c) Telephone number: Area Code 718-858-6702 (d) Application number, if any: 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? NYSDEC,USACE&NYSDOS 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 1:1No ® 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 S 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 To the extent that Policy 5 is applicable,the project is consistent because the bulkhead will be constructed with untreated vinyl sheathing,as required by Chapter 275 of the Town Code,and a silt curtain will be employed during dredging to control the ephemeral turbidity associated with dredging activities. 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 c i LWRP ADDENDUM FOR VANSTON BEAR,LLC 5250 VANSTON ROAD CUTCHOGUE,NY SCTM#1000-111-10-14 Policy 6 The project consists of two primary elements, 1)the in-place replacement of the existing bulkheading and jetty structures that form the boat basin and channel to Cutchogue Harbor; and 2)the maintenance dredging of the channel/mouth of basin. All of the proposed work was previously authorized by the Board of Trustees pursuant to Wetland Permit No. 8600, which was issued to the prior property owner in May 2015. Although that permit was transferred to the applicant in March 2017 and would have remained valid today if it had been extended at the same time,the permit was inadvertently allowed to expire. Therefore,with the exception of one change to the proposed spoil placement as described below, all of the same work is again proposed herein. Specifically, as previously described,the proposed bulkhead replacement and maintenance dredging together will have the effect of restoring and maintaining the navigability and use of this historically existing boat basin and channel. The proposed maximum dredge depth is four feet below mean lower low water,and access to the dredge site will gained both through the upland portion of the property and by barge from Cutchogue Harbor. The dredging will be done by land based excavator and barge mounted clamshell bucket crane. Of the approximately 1,400 cubic yards of sand spoil, approximately 1,100 cy will be retained on site, with approximately 500 cubic yards used as backfill around the replacement bulkheading and approximately 600 cy placed in a designated spoil site located well landward of spring high water to the south of the channel. The one change from the prior application is the proposed placement of approximately 300 cy of material on the beach to the north of the channel, as was requested in 2015 by the neighboring land owner,Harbor Cove Property Owners Association. A silt curtain will be deployed during maintenance dredging to control the ephemeral turbidity typically associated with dredging activities,and spoil placed in the designated spoil disposal areas will be contained by staked haybales during the dewatering period to prevent reentry of material into the waterway. Therefore,the ordinary and routine in-place replacement of the existing treated timber bulkheading with vinyl sheathing and maintenance dredging will be consistent with Policy 6. See attached addendum. 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 1:1 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❑ Not Applicable To the extent that the project is designed to maintain navigable water depths and access to the existing boat basin that provides safe harbor and navigational access for the property owners,guests and relatives,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 restore and maintain the navigability and use of the existing boat basin and channel to Cutchogue Harbor. 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 TITLE Coastal Management Specialist DATE7uly 10,2018 Robert E. Mpfinann. Amended on 811105 DETACHED/ fj%E0 DOCIIS 10 8 OCTED 10EvAEKV ,j�.*Nkt EY,- VtEC0VAS1Rjkj) 10 S ItEMOVE MAD G Buyy"E ��CLID -01 j4mrDE _7 ID 5- -51C3 -0,j-, P*2 0 JUL 94' 106 Nn h*d 0.9 :k 10 As !b,. b 11.53 ra N, to 1 " \o N.C. -1 P P A N cjy_ In OR 03 116 CO. x Ib -So ,09 (affivaldomfl) -.Z, V 17YOU aNY7.907 wo qn. N, 0 1" 60' N, Ve 100 0:1 4CD y3 +1 6 N ej b.j V-9 • C1. C3 4.15 lilt Ato y6 'b N, OV HM N, 1P op b.lb ".s b.'3 +162 BOU SF r 00 S!b BE pvto)L. " 1c) S?o%L 05PO%1" xxy300 -tiara S -t, 5Np A. 'bl• IVS 0 Ag NL --W . ..................... T. 'b J -b lb I. Purpose;fo restore and maintain the naviqa6ility and use of the ,.b 9 P -PIN INA historically exi5tinq boat basin aid channel to Cutchoope Harbor 7. l9atum:Ml Lw-0,-0" 10. 5. �xl5tlncj water de05 and elevations(referenced to NILM -ry 1!5 based an hqdrocraoic data 5urveqed 64 5ea Level jib 1-0 . R I- . V Mappinq on March 15,2015,and I-b:� X, OR 4. Replacement bulkhead/jettites to consist of vir,41 sheathing 11b. pressure-treated structural trn6er5 and piles,and S- hot-dipped galvanized-steel hardware '33NP Nt Charml/mouthofba5into6c dredged to ma.depth of-4'MLM :b I;3� approK,500 c4 of 1,400 c4 resultant sand spoil to be used as backfill;aid renuirmci+900 N spoil to be placed in designated :t9,100 5f on-site spoil disposal area["ward of spring high water lh� and+5,800 qf spoil disposal area on property to north owned 6q Harbor Cove P.O.A.(5CrM 1000-111-1-12);both spoil areas to be contained with staked ha46zdc5 to prevent reentry to waterway 6. Preolqmj to be axwolshed 64 barge-mounted clamshell bucket crane and land-based excavator I. Access to site to be qalncd through upland portion of subject property aid from Cutchooiue Harbor via bargeNt MOF`05�P MMSNANC� P�MN6 , 8. Plan and=55viaw oliacirams are schematic in nature and are ANP PIKH�AP/JAM MACMW Intended A to establish project laxation,scope,and basicC construction detal1r,for permitting purposes and are not E N - CONSULTANTS FR VAN5fON PW [,LC ON intended to serve as or%65hlbute for mlineerinq or 1319 NORTH SEA RD. ' C H 6U� HAR3M, CUTCH06X, construction plans for construction purposes 5UFFOLK COUNTY, NFW YOPK 9 Adjacent Owners:Propertq 15 bounded to west aid north 64 Southold Town roadways;adjoininq owner to southeast;North Fork Kiwi,L�C S OUTHAMPTION, NY 11968 5H��f I OF 2 4-23-I5, 6-18-IB 10, Project location:5250 Vanston Road,CUtChW; 5CfM No.1000-111-10-14 631-283-6360 1WICAL 5�C110N THFU POAT PA51N; IN-PLACE 13ULUAn F? PLAaMT �`r Lntle I P.EA OF 19IMP,13ANCE/PACKFILL 3" x 6" TOP CLAMP I 10 A E N CONSULTANTS ��- 15 (��,> 211 C, :Ef� �3��, o 9 NA AU� 2 1319 NORTH SEA _ 9 ®o 6 (2) 6MNW " x6" WALES �S� SOUTHAMPTON, NY 11963 MLLw= o'-0" - 51fE(ACCE55 VIA 6A o 631®283®6360 .65Ur3JECfP�Offny) hQ 11t.r_S@5Hil.^ O @°�L�ry 10 AYL LOG coz'r �/D ayCApPI DN _ 8" PEAPMAN EX,GSE i } � CC, IT 1/4" x T" x 16' +_10' FEN, a Q 1 ' VINYL 5HEATHING FFOF,VINYL%I,"A!J IN PLACE \ JUL 1 6 2018 ` 10" x 20' FILE5 OE EX.TIM6EF(3ULKNEAP °y PP,OFIL� A-A TNI?U INLET CHANNEL, 6UI.KHM9/JETTY f?MACMW ANn npFn6IN65uf'fdk County Nagztrorn Map 4 Souilteld Tmvn CAP 2 CAP I" - +2o00-1 - 10' EX.GF.A17ETEX, E MNW- �"61I 6" x 8" CLAMP5&5TFINGEF5 6" x 8" CLAMP5&5TFINGEF5 MLLW- O'-O' —— —— — pFOF.GFADf �}' MLLW W — ——zZ — I/3" x 8" x 18' VINYL SIATNING 5�f' (vaJ 1/3" x 8" x 16' VINYL 9fATNIN6 FFOP,VIM1,6UL"AW JEffY IN ±15' FEN, +151 FEN, PFOP,VINYL PLMEAP/JETTY IN PLACE OF EX,T1MLtIZ MW./JETTY PLACE OF EX,TIMP3 F\PLU.1 JETTY 10" x 25' FILE5 10" x 25' PILE5 5�CTION 6-2: THF\U PP\OPO5�1? ON-5IT� 5FOIL P�FO51110N MM 5POIL +66' (var.) PEP051VON AP.EA 1'' - 10' APROX,600 CY 5AN19 5POIL PPOP.61WE- +6' MLLW(max) 5TAKEn 1 ) NAYP& 5&5Lf FENCE(TYP —��- --.----------_----------.-----.------ EX.CAME TYPICAI, 5�C110N THPI TOP05T 0FF-51T� 5POIL n�p051110N AI?�A MOPO5�P MAINSNANC� f7f P06 5POIL +36' (vor) WO5111ON AP.EA M 6ULKV12/JETTY I�Yf'LACMNT APPFOX.300 CY 5AN17 SPOIL 5TAKEf7 NAYP&E5&51LT FENCE(TYP) FR VAN5TON 13 g, LLC ON -- 1 CUTCH06UF HA OP, CUTCHO64 5W- 3' 6 - " SU��OLK COUNTY, MSW YRK EX.GFAPJE I8"(max) 5ftf 2 OF 2 4-23-15, 6-18-18 SHORELINE SURVEY N Situate: Nassau Point WE Town: Southold S Suffolk County, NY Surveyed: 10-30-14 � 1. --- Amended: 03-13-15, J1 04-24-15, 03-28-18, !1 ' 06-26-18 JUL, 1 6 2018 + 713 41 '� P�Ups ,♦,, � o � t� ,♦' i s p � o�+ , LY %`o 01 4 VW 5.g \ o • p I b• ;1 � � 'S 7 t ��g l��`4 s ,,• v` 'O s •O � � i 6, v` i eta-----•, `� � 's to 111 ; � .R. � i t• �1�t �.,, `� Q♦ ♦, � i Q. �5` \ S V_ ? t53 01 % 61 is ,' '. ,• ,a� \ Q s \ �6 xv 10 � �u' �•s ,,' '�•\, SIL �i�t A♦♦ �'S O A01 u'' \ t $ rn \ r t \ 1 Cn `� ,'♦, 'T 4A �f�614 Q '-` s \ 9•v 10 61 61 ol to \ •O \ •� .1t1 C }fes hh�j� imp. � ""q > 6 \ ., 'a9 s 01 \ v s '� C� r S ♦ v a�/� �i�L�4 9 "" v� '9 o O \ s log cF \ y,Fj •61 TD UX!y r, (:P to6 \ o o s s` --sN as 0 e s IQ 01 do s r' VO \\ � 6' yGQX� s ol G s s ley 01 ayy V 9 9 •1 V > 0 s s p s Q \ s \ a > \ s 's O > s > s • '(P \� s �s •s \ o C \ �` 6' v' s .O s 's 'o 0 .s NOTE BEC RT H. 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'.•t_;?�u„ � 9�yr � L•'S�. a°ti ti✓�+ti Y = '�` ,.�• �, .y r •" ✓ +�♦ ,a .•T��t'{•f��'�t� t? 6�� 4 �y t : /� `y� i� ♦ ::dn✓. 1 r - �A J;rc• .! �l t S,� 7 rye. *A 2w 'a L c t• i tlt ta/ � �• i_'~it'Ls"�+ja ifs� � r ,•.:y B • f �- c r. x �� � t l t s �' .. �, - _ gtyr`. VANSTON BEAR,LLC,5250 VANSTON ROAD,CUTCHOGUE 0. Figure 3. Looking northeast over top of shoal in mouth of basin channel to be maintenance dredged and at existing timber jetties and bulkheading to be removed and replaced(in-place) with vinyl. • �k Figure 4. Looking southwest toward Cutchogue Harbor over shoal in channel and mouth of basin to be maintenance dredged. VANSTON BEAR,LLC,5250 VANSTON ROAD,CUTCHOGUE IN Ica ' . `.�a• re"' • - *'�z .�:�o-"`'�a� -�; b r,�'a'„` k � ,��'' ,�^ ?ate._,_ k - , �+ yes�� '�" �, •c�` yq �' K� .�� Figure 5. Looking south over proposed on-site spoil disposal area for approximately 600 cy spoil to south of channel. Figure& Looking northwest toward channel and proposed on-site spoil disposer/arca to south of channel. VANSTON BEAR, LLC,5250 VANSTON ROAD,CUTCHOGUE AW { �. -Ak _''�'"�'� � �r��r �,,M R r `"~ �'$✓ " C '''�" " .;.7�.`� tea. )- . N. s r 'I!"1 ..vr "u.e�"'� "`"� ...rJ"" ` F. k "�"k ^J+WW►Y env. _..—-,°fir--. ,.. _�s»..+"_,+L",- �:..�— .�c'if,„ •....7a.�'�".�,,,��,,. �'- l i ure 7. Looking south at "elbow"of boat basin and channel to Cutchogue Harbor,including+49'section of bulkhead and+138'section of southerly jetty to be removed and replaced in-place with vinyl. bt. Cbz. �F ra,c t N t 3 - w✓'" 4 .y' .. -c Figure 8. Looking south into interior of boat basin at existing timber bulkheading to be removed and replaced(in-place) with vinyl and at existing fired docks to be replaced(in-place)during bulkhead replacement. VANSTON BEAR, LLC, 5250 VANSTON ROAD,CUTCHOGUE .r - SHW tµ 1 mit of pori siteg eaward -, Figure 9. Looking north at proposed site for deposition of approximately 300 cy spoil on adjacent beach to north. Al .., ke Figure 10. Looking south at proposed site for deposition of approximately 300 cy spoil on adjacent beach to north. 77� BOIJ-014 v ow, W AAns 40 1,11000 Sa Q 'a roL06 ad VVVMOM"., 6 Q Hos ON NO1103S --N?Fyt E O',M / 1 , I C, OVOdON q1,01, gm ow V oo LK JrMa 0 YM N OZem �.0 n,- e (,W,L PL olkow As Me 3AOD LL ot LZ 41 0 omW z CWI is Ael %, 16, ONG nI --------- ----- jup \'�oa � z a wa+1• ,eo � a Q gb �$ 4 / Lm �� �° � to �, � ���� 10 I 'f IJ 339 it