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Home My WebLink About1000-111.-14-2 OFFICE LOCATION: ��OF SO(/TMAILING ADDRESS: Town Hall Annex h0 l0 P.O. Box 1179 54375 State Route 25 Southold,NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 G Q Telephone: 631 765-1938 olycOU ,� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Michael Domino, President Town of Southold Board of Trustees From: Mark Terry, AICP LWRP Coordinator Date: May 13, 2019 Re: LWRP Coastal Consistency Review for DAVID BOFILL SCTM# 1000-111-14-2 Suffolk Environmental Consulting on behalf of DAVID BOFILL requests a Wetland Permit to construct a dock assembly off the eastern shoreline of subject property and Wunneweta Pond; the proposed dock assembly is to consist of the following: (1) elevated catwalk/ramp (4.0'x49.0'), secured by fourteen (14) posts (6.0"); hinged ramp (3.0'x15.0'); and floating dock (6.0'x20.0'), secured by four (4) pilings (8"); all hardware to be hot-dipped galvanized. Located: 5125 Vanston Road, Cutchogue. SCTM# 1000-111-14-2 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 proposed action is INCONSISTENT with LWRP Policy 6, and therefore, INCONSISTENT with the LWRP. The applicant must demonstrate that the following dock standards pursuant to § 275-11. Construction and operation standards have been met. 11 (d) Review and approval of dock applications. Before issuing a permit for a dock structure, the Trustees shall consider whether the dock will have any of the following harmful effects: [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water-dependant activities, [5] Whether the dock will cause degradation of surface water quality and natural resources, The wood products which the dock will be constructed of have not been specified. (11] Whether the cumulative impacts of a residential and commercial dock will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts, and [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. provided that the Board assess: This information has not been provided. 9.3 Preserve the public interest in and use of lands and waters held in public trust by the state and the Town of Southold. A. Limit grants, leases, easements, permits or lesser interest in lands underwater in accordance with an assessment of potential adverse impacts of the proposed use, structure, or facility on public interest in public lands under water. The proposed dock will extend further seaward of the existing dock to the north and will not comply with the "pier line" The proposed dock will extend into public waters resulting in a net decrease in public access to public underwater lands and the nearshore area. In the event the action is approved, the establishment of a vegetated buffer landward of the wetland is recommended to further Policy 6. 1 Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. ECEIVED Town of Southold MAY � � 2019 LWRP CONSISTENCY ASSESSMENT FORM Southol Town A. INSTRUCTIONS Planning Board 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# 111 - 14 - 002 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) ❑ . r' (b) Financial,assistance (e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: Nature and extent of action: Applicant proposes to construct a Dock Assembly off the eastern shoreline of subject property and Wunneweta Pond. The proposed Dock Assembly is to consist of the following: (1)ELEVATED CATWALKI RAMP(4.0'x 49.0'),secured by fourteen 14)12osts (6.0");HINGED RAMP(3.0'x 15.0');and FLOATING DOCK(6.0'x 20.0'),secured b, four (4)pilings (S"). All hardware to be hot-dipped galvanized. Attach additional sheets if necessary Location of action: 5125 Vanston Road■ Cutchogue■New York■ 11935 Site acreage: 0.62 acre Present land use: Un-Improved Residential Waterfront Lot 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: DAVID BOFILL (b) Mailing address: 5785 Vanston Road■ Cutchogue■New York■11935 (c) Telephone number:Area Code('631)283-3444 (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? 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 Subject proposal is consistent with the policy in that the siting and utilization of the proposed dock assembly will maintain the character of the surrounding neighborhood,which currently consists of many similarly-sized residential lots with similar accessory structures (i.e. dock assemblies along Wunneweta Pond). Additionally, subject proposal will be in harmony with the"...beneficial use of a coastal location..."in that the legally created residential waterfront(i.e. coastal) lot will be enhanced by the inclusion of the proposed dock assembly in order to access the contiguous surface waters. Accordingly, we believe that this project is consistent 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 Subject proposal is not applicable to this policy in that it will have no impact to any potential historic and/or archaeological resources within the surrounding area. 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 Subject proposal will not adversely impact the visual quality of the surrounding area in that the surrounding area is currently comprised of properties improved with similar appurtenances (i.e. dock assemblies) of equal, if not greater, size and scope. Scenic resources, assumedly views of Wunneweta Pond, are not at risk due to the proposed dock assembly being typical of the character of this section of waterfront. Accordingly,this proposal will comply with Policy 3. 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 will fully comply with Policy 4 in that the proposed dock assembly is designed to be comparable in design and scope as that of the surrounding dock assemblies, which have not resulted in loss of life, structures, and natural resources within.this area. Accordingly,this proposal will comply 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 Subject proposal is not applicable to this policy in that it will have no effect to the water quality/supply within the surrounding area. 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 will maintain the quality of the surrounding ecosystem in that the proposal is typical of this section of Wunneweta Pond, which has not resulted in significant effects to the surrounding ecosystem. Accordingly,this proposal will comply 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 Subject proposal is not applicable in that the proposal is simply to improve subject property with a dock assembly which will not result in any form of adverse effects to air quality. Accordingly, this proposal is not applicable with 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 in that the proposal does not involve disposal and/or transportation of solid waste, hazardous waste, toxic pollutants, petroleum products. 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 Subject proposal is not applicable to this policy in that the proposal is attendant to a private residential use. Regardless,this project will not impede any access to the surface waters in and around subject property and/or become detrimental to the recreational use of the surrounding resources. 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 applicable in that a water-dependent use (i.e. access to surface waters; boating) is being sited onto a waterfront parcel, however, with regards to this Policy's concerns with marinas, aquaculture, etc..., this proposal is not applicable due to this proposal involving only a private docking assembly. 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 Subject proposal is not applicable in that the proposal does not involve any form of marine resource management (i.e. commercial fisheries, recreational fisheries, aquaculture, etc...l. 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 in that the proposal does not involve agricultural lands (i.e.the conversion of farmland, the establishment and/or maintenance of new coastal agricultural production, etc...) Attach additional sheets if necessary r 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 in that the proposal does not involve the conservation of energy resources on a commercial level and/or the promotion of alternative energy sources, proper maintenance of fuel storage facilities and/or the extraction of mineral extraction Attach additional sheets if necessary Created on 5/25/05 11:20 AM BOFILL Property Situate: 5125 Vanston Road • Cutchogue - New York SCTM #: 1000 — 111 — 014—002 (Photograph taken on March 13, 2019) t fA •• T° vc. '' .�`� "' -waw�."� �� ti Y n.: . k w TF •fie •ti!�`� . �. . ., - ♦- ,Y.I. �' •` Rte._ t, a"L• - r .`r r a y •y.. .. ..yy. *r�.v 1 Photograph of the staked out location of where the proposed dock crosses the High Water Mark (foreground) and the staked out location of the seaward terminus of the proposed dock (background). Photograph taken from the easterly section of subject property, facing east. BOFILL Property Situate: 5125 Vanston Road • Cutchogue ■ New York SCTM #: 1000— 111—014—002 (Photograph taken on March 13, 2019) a e n _ - R iw.yr,• "„�" wti,... •c, '� vii '� .' �` iL �• � ;.yam- ,.K� ,� _ { � � 1 s 1 w . - '.i� • ,!� a }r+ �t+rA a� +, *�(� r � i"`�i�., '"'.;n � �t `�'��',1� 't a` � :\ s i �,iM�f ,' +.... r. ♦ I-i„Zs L .`. .:1.�. T' l Q� 0v�+ , AWN PO �`'•' ., _;P �k A„o, `�'� .�e �"��Y`.. , _ltd L=��'�`a. �\ _i 3*i ! r , +'yam... v ► .:�/." R�;._ `af4 r+lFkV Photograph of the staked out location of where the proposed dock crosses the High Water Mark. Photograph taken from the easterly section of subject property, facing east. BOFILL Property Situate: 5125 Vanston Road ■ Cutchogue ■ New York SCTM #: 1000— 111—014—002 (Photograph taken on March 13, 2019) r D _ GST.„,y y to cqy a a yam,. �- ,�y, ��' � �A^ r`':.: � ,• �• &�yt'�� '�„,.:, tl y � *Nk � � ,J'� .+ i• TSL-.f, •yi^r'"43 •'t ,,� r ,� :fir ~..r ► �!"":. �•e,� '{'�4��"tom..�,f + jr!� "i # �: SIPAl / TN • �M'+� M H�� . '.I" V .yam 1 Photograph of the staked out location of the landward terminus of the proposed dock assembly. Photograph taken from the easterly section of subject property, facing southeast. BOFILL Property Situate: 5125 Vanston Road ■ Cutchogue ■ New York SCTM #: 1000— 111 —014—002 (Photograph taken on March 13, 2019) r OW _ 1 r Photograph indicating the current conditions of the shoreline to the north of subject property. Photograph taken from the contiguous waterway, facing north. BOFILL Property Situate: 5125 Vanston Road ■ Cutchogue • New York SCTM #: 1000— 111—014—002 (Photograph taken on March 13, 2019) wry Photograph indicating the current conditions of the shoreline to the south of subject property. Photograph taken from the contiguous waterway, facing south. BOFILL Property Situate: 5125 Vanston Road ■ Cutchogue ■ New York SCTM #: 1000-111 -014-002 0 I I iNd Ktnkvr9d Rd .0 1,-1 St,7;a zlaYRt1 K'.1 J '5�5 YdnlonRd 5765 Vaslm Rd � 5700'J.natan RA 5DT5 VA6tun Rd HYDROGRAPHIC MAP _ Wunneweta Pond dog Surveyed: Nov. 19, 2018 - '' S a� Town: Southold �F ;` k�' "� APR 2 2019 ` , � Suffolk County, NY Datum: MLLW 30' \ O —Saar(I c \ \ N C CP YV 1 \ \ ,11c LIN r V \ \ Lo cjb s \ \ 000, 01 do LTN 1 , , , , ROBERT H. FOX NYS PLS# 50197 P. 0. Box 366 Aquebogue, NY 11931 11/20/2018 11-24 32AM G\Documents and Settings\bob fox\Desktop\5125 VonstonRd pro ---------- 16 15 1?0 d� N 311 16 2 8 4-WC) 4 10 e. 8 C, IF T� 0 C, Cov, lo A/ 1\ ------------ 5! 10A(l JB ---------- 4 VA�) 47 20 fA(C) NCY------ 4 I)x A XI 14 31 14 t,!�, zm IDOAWETA FC.—NO ft0% scif SEE�E� Z" 11-1411 Pt�90 Z- LINE 40 + L NOTICE OUNTY OF SUFFOLK @ K 1. SOUTHOLD E C p E (21) Real roperby Tax Service Agency Y 1000 .Z.L. A PR0PPRTYMAP ' SITE PLAN r xs 1:0" =20:0' : .. '+ APR 2 201 T� a --- Boart7 Akr . tCP Tidal Wetlands `', O r 4;o BoundaryUA TOP DECKING to utilize Open Grate p ., E 3 9 f VJ Cf, x/41 cd Thru-Flow or similar)* Decking (i.e./ 1 7 k li q • r r � k�� N a h 4 LO cz 0 § ` a§5 `r f ® to � •�, • �l � 3 W C� '� `$''r Proposed Path (4.0'Wide) ', ti 1;, • O Z ►-� 0 0 -low Cq ;14 "y 5 70/ 1 • i ti . 5 PROPOSED 0 tx, FLOATING DOCK t, ;§ (6.0'x 20.09 \ 4 °�. ►, % � PROPOSED F HINGED RAMP '� • a :aN al (3.0'x 15.09 ;` n 1 1 F{ 9 � N a 6 l p \ PROPOSED ELEVATED ' •, CP .,� 0 CATWALK/RAMP k - ll (5% v' o (4.0'x 49.0'±) N G , E > 1 > am { > _ 0 N � L VJ *NOTE:. Por'tion of proposed-Catwalk Decking located over areas of w vegetated wetlands'to utilized with 60%open=grate material. U NORTHWEST-ELEVATION '` *NOTE: Fortiori of ro osed-Catwalk IDeckin located over areas-of p p. g Scale:-,1:0"`t 5 r0'°± vegetated wetlands"ao utilized tivitli 60%_open=grafe material: „ TOP DECKING to utilize Open Grate TIDAL WETLANDS ,,-�`, Decking (i.e., Thru-Flow or similar)* �, BOUNDARY `' `" APR 2 2019 ! ° 70' ± `{ PROPOSED CATWALK (w/RAMP) c. (4.0'Wide x 49.0'Long±) `o PROPOSED HINGED RAMP (3.0'Wide x 15.0'Long PROPOSED FLOATING DOCK ` (6.0'Wide x 20.0'Long ,t, t, ,4 r, W U N „ 4.0'(min) ° ^:,; ° t --i ° fi, 4.0'!(min) . IZ AHW @ EL.2.5'+ ,. 71� _ —•—•—•—• —•—•—•—•—•— — _r G aden . N Y - _ ,- - V r AHW � :. f^1'S = O 9 _ � ` ` •ALW- - - � M xs a, o 4b e rr td>a' - •b n5rt, n , , .,d^-> 3t s h ^ft , „y. i.' a . f= „ 1614 l -Pr 0 os C tw i •h tiJ • M. u 14 ra l' 6 " t to G .Q. . , t �,: a , a s N In E -,:. P t,,. ,. Y x•r" F tt. ^ , L. 1. " n =u. .,&'•a d'" „ , a v W N 4£. VJ S "r;Pf0po's`ed`Eloatirig•D"ock`Tiling i L , PROJECT DESCRIPTION: Applicant proposes to construct p uct a Dock Assembly off the CL eastern shoreline of subject property and Wunneweta Pond. The proposed Dock _ P P . E Assembly is to consist of the following: (1) ELEVATED CATWALK / RAMP (4.0' x ` t� ' 49.0'), secured by fourteen (14) posts (6.0"); HINGED RAMP (3.0' x 15.0'); and FLOATING DOCK (6.0' x 20.0'), secured by four (4) pilings (8"). All hardware to be " hot-dipped galvanized. :' °' AERIAL SITE PLAN APR 2 2019 No Scale i r .. `a Pn N O .4 O I V/ t••I M •� O H Z • M 0 ow � � . • � � � Cj lye T r Lr, 14• ENEL . O :3 N td N L L 3 � "> —D E L > a O N � L E bd t ai 3