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HomeMy WebLinkAbout1000-90.-1-16 OFFICE LOCATION: �OF SO(/ryO MAILING ADDRESS: Town Hall Annex �� 1p P.O. Box 1179 54375 State Route 25 Southold,NY 11971 (cor. Main Rd. &Youngs Ave.) Telephone: 631765-1938 Southold, NY 11971 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 KENNETH W. QUIGLEY& MARJON VAN EYK SCTM# 1000-90-1-16 Suffolk Environmental Consulting on behalf of KENNETH W. QUIGLEY& MARJON VAN EYK requests a Wetland Permit to reconstruct the existing dockage and connecting landward walkway consisting of a proposed new 4.0'x21.0' landward walkway extension supported by eight (8) 6" diameter posts; a new 4.0'x33.0' fixed elevated catwalk supported by ten (10) 6" diameter pilings; a 3.0'x15' hinged ramp; and a 6.0'x20.0' floating dock secured by four(4) 8" diameter pilings, with the floating dock utilizing vertical stays to maintain an elevation of 2.5' over the underwater bottomland. Located: 2245 Little Peconic Bay Lane, Southold. SCTM# 1000-90-1-16 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. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction. 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. Permits for the existing dock structure have not been located within Town records. ' A representative vessel has not been provided. Will the proposed vessel be powered manually (kayak or canoe), sail or engine? The applicant has not demonstrated that the proposed dock meets the below dock standards pursuant to § 275-11. Construction and operation. (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 1.4' water depth at the terminus of the dock is not adequate for the safe operation of most sail and engine powered vessels. The grounding and resting of hulls on the bottom also increases turbidity. It is recommended that the Board clarify the difference in elevation between MHW and MLW. The wood products which the dock will be constructed of have not been specified. Clarify the type of wood proposed (treated vs untreated) [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 This information has not been provided. The alternative use of seasonal moorings in areas of low biological productivity and with adequate water depths is a better option to accommodate vessels requiring greater water depths. [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 further extend into public waters resulting in a net decrease in public access to public underwater lands and the nearshore area. Very low water depths most likely will result in adverse impacts to water quality from motorized vessels by increasing turbidity and bottom scarring as a result of grounding. Further is it likely that the hull of a- vessel would be resting on the bottom during low water events. 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 SoutholdRECEIVED, LWRP CONSISTENCY ASSESSMENT FORM M 6 2099 Sout o 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" 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# 090 - 01 - 016 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 reconstruct the existing Dockage located along the easterly shoreline of subject property and West Lake, and to reconstruct the connecting Walkway_ The Proposed Dock will consist of a Fixed■Elevated Catwalk(4.0'W x 33.0'L)supported by ten(10)pilings (6.0" @)), a Hinged Ramp (3.0'W x 15.0' L) and a Floating Dock(6.0'W x 20.0'L) secured by four(4)pilings(8.0" @)). The Floating Dock will utilize Vertical Stays to maintain an elevation of 2.5' over the underwater bottomland. The Walkway Extension is to measure 4.0'W x 21.0' L and be supported by eight(8)posts (6.0' �). Location of action: 2245 Little Peconic Bay Lane • Southold • New York Site acreage: 0.487 acres ± Present land use: Single Family Residential 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: MARJON VAN EYK&KENNETH W.QUIGLEY (b) Mailing address: 322 Newberry Street SW • Aiken - South Carolina • 29801 (c) Telephone number: Area Code(516) 982 - 7612 (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 As indicated within Policy 1, "Development that does not reinforce the traditional land use pattern of the Town of Southold would result in a loss of the community and landscape character of Southold.", this proposal is to replace an existing dock with a new dock and accordingly is entirely consistent with the 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 Not Applicable. Attach additional sheets if necessary I 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 Subiect proposal is consistent with this policy in that the proposed dock will be constructed to current standards. 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 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 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 will comply with Policy 6 in that proposed activity will comply with current standards pertaining to the construction a residential docking facility. 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 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 Not Applicable. 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 Not Applicable. 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 The proposed reconstruction of the dock is consistent with this policy as the siting of the dock (a water dependent use) is appropriate to the area meeting all current siting and construction criterion. 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 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 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 Not Applicable. Attach additional sheets if necessary APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of the town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: ANDERSON, BRUCE, A. (Last name,first name, middle initial,unless you are applying in the name of someone else of other entity, such as a company.If so,indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee X Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other," name the activity.) Do you personally(or through your company,spouse, sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest. "Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES," complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater then 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); C) an officer, director,partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP ��s MATTHEW D. (VANS Submitted this ay �P�"✓✓�- 201 No PUBLIC-STATE OF NEW YORK Signature pus 59 Print name BRUCE A.ANDERSON ualified in Suffolk 01-22Countr My Commission Expires 01-22-28-•F�3 ,2023 N Hydrographic Map we o 7 G'' f- `i ��T�1��---��N Surveyed: 12'04-18 S �� ,.� ---- 1 Situate: West Lake dock,ram Town: Southold and float p Suffolk County, NY L MAR 1 4 2019 Datum: MLLW 30, CV l0 1 N cv cq i 1 1 1 1 'n stone drive v° � � a q. t a M House#2245 ' .� ' Little Pecc C0 SCT# onic Bay Lane 1000-90-1-16 rc mP _� CSS LQp 'l�C 41oQ 1 1 1 ' wank ry M r ! t ci: c o rn o to d _ 1 N � � co ROBERT H. FOXY ! NYS PLS#50197 P. 0. Box 366 Aquebogue, NY 11931 1/22/2019 I6,aoo_q M G,\Docvm nts and SettYgsNbob Fox%Desktop%2245 LP5Dpro QUIGLEY Property Situate: 2245 Little Peconic Bay Lane ■ Southold • New York SCTM #: 1000-090 - 01 -016 ,a SITE , r. Nath haver, fi r It SITE `"`""' �G t s r .k a., t` 3 QUIGLEY Property Situate: 2245 Little Peconic Bay Lane ■ Southold ■ New York SCTM #: 1000—090—01 —016 (Photograph taken on February 5, 2019) _ti o v ,l 4 4 Photograph indicating the existing dock structure to be reconstructed within the same location. Photograph taken from the eastern section of the property, facing east, overlooking West Lake. QUIGLEY Property Situate: 2245 Little Peconic Bay Lane ■ Southold ■ New York SCTM #: 1000—090—01 —016 (Photograph taken on February 5, 2019) Rp 4 µ, r , • t Photograph indicating the existing dock structure to be reconstructed within the same location. Photograph taken from the eastern section of the property, facing east, overlooking West Lake. QUIGLEY Property Situate: 2245 Little Peconic Bay Lane ■ Southold ■ New York SCTM #: 1000—090—01—016 (Photograph taken on February 5, 2019) c' ^ ro J' 4. . . r y Photograph indicating the existing dock structure to be reconstructed within the same location. Photograph taken from the eastern section of the property, facing northeast, overlooking West Lake. QUIGLEY Property Situate: 2245 Little Peconic Bay Lane • Southold • New York SCTM #: 1000—090—01—016 (Photograph taken on February 5, 2019) jj Photograph indicating the conditions to the north of subject property. Photograph taken from the eastern shoreline of subject property, facing north, along West Lake. QUIGLEY Property Situate: 2245 Little Peconic Bay Lane ■ Southold ■ New York SCTM #: 1000 —090—01 —016 (Photograph taken on February 5, 2019) ,w s i Photograph indicating the conditions to the south of subject property. Photograph taken from the eastern shoreline of subject property, facing south, along West Lake. QUIGLEY Property Situate: 2245 Little Peconic Bay Lane ■ Southold ■ New York SCTM #: 1000—090—01 —016 (Photograph taken on March 13, 2019) Ao, At l i Photograph indicating the staked out location of the seawardmost point of the proposed dock assembly (arrow). Photograph taken from the eastern section of the property, facing east, overlooking West Lake. � 111 re 4 "Z N � ! S TOVMOE ~ S sounf= ~ t] e 2.aNq p. 4 ' w\ svnn•r z IV y. 1 M •n>t 5 U , Q .M m t�Md r ° tM a 12 nm p r --- CEDAR • °ountaln\. 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(4.0'x 33 0'±) ;' --- rom MAR 4 2019 Y G PROPOSED V (( 1 I g3' o 1 ®gym51 -TI! ` WALKWAY EXISTING' �,' o . , pyo ♦ ®, }c " �I O C`1 { ,.EXTENSION; , . DOCKAGE% � 'm"®'w•a c0.® .,a®:.:y�."E.' re•'r. PRO a 89, ±\ a ., ,, _ -_ i b 4�` _ OATING DOCK U W Z (6,0-x 20.0 ±) !y Z M / I 1 ! 1 � ♦ --- -V '� O � � F '+ WETLAN S 3 %!- o• �'0.9' ?i �" - p y' S vc 1 ♦♦ \ ♦P i I i /j 1 F CCS BOUNDARY 53.0' ± ---1-' Y"fid i Y J @ AA'' yq /W til y:y W aP M1 EXISTING � �, U o a DOCKAGE �� PROJECT DESCRIPTION: . . O -� v, Applicant proposes to reconstruct =the existing ,Dockage .� - 9use 22 �� � located along the easterly shoreline of subject property-rand ti �� v f `; West Lake, and to reconstruct the connecting Walkway. Condo B,QY Lia SCT �, �� � ' The. Proposed-'Dock' will' consist .of a" Fixed Elevated \ ` ., d Catwalk (40' W �x 33:0'-L) supported by ten (10)`'pilings (6.0"' ,W� E ;: f 96 _ �), a Hinged Ramp (3:0 W x x15.0 L) and a Floating Dock � ZY �; ( J ; ; (6.0',W x 20.0' L) "secured by 'four, (4),pngs (8.0". ). ;The N 0 9; , Floating 'Dock will utilize Vertical Stays =to maintain- an �; o elevation of 2.5' over,,the underwater bottomland. - 3 - „ ., IL PROPOSED cn L -o 4 L PROPOSED G RECONSTRUCTEDCL a ' 9 The Walkwa Extension is�:to measure 4.0' W x 21.0' L and WALKWAY Im, " YIL DOCKAGE be supported by eight (8) posts, (6.0' (P). - - EXTENSION E y _ co ff NOTE: ..- `Portion of proposed Catwalk Decking located over areas,of ; , vegetated wetlands to utilized with 60%open-grate material. A �, A v PROPOSED WALKWAY EXTENSION -----------f4.0'Widex21.0'Lon$+1------------ i 1 ' MAR 1 4 2019 f' o IC-1111-77'9 , ht : 10-1 0. T WETLANDS ,r aF`, 'k i r«fi i' �B' Y O' °R - cn PYv C 4 f °Ex s rfsa _ , 'Yt f. K C� , „t a `NOTE:` Portio- "f" �r` _ n_o o" osed �atwalk D`c in •�1 'cat ..t' C e k o ed` .3f P' P� g i' Grade;` - V u 55 ! � i 1^ _ _ _ z over a eas of've etatecl'w(Ala g'- w t ands to utilized with -� [� ui.x x ,+ ,�r 0 60 o n='`r r' o e ate�material.' , z :. M 6' t 4'f �v ,�r lei' Q � try' - .S THER u ,.�, o OU N'ELEVATION o z Pr osedJ k-: ci Wal wa Post, a` O M a. " (Pro osed TNdlkwa"`Extension). . - �- P y (8 total @,16.0,= _Q PROPOSED ►.a - �,. .Scale: �1.Oz ='5:0, �:' �r,,.�; ., v =�,r" u:: to t� � FLOATING DOCK °`Z' W b (6.0'Wide x 20.0'Lon CD + o ----------------PROPOSED CATWALK -------------------------®----PROPOSED HINGED RAMP ------------ -------� (4.0'Wide x 33.0'Long±) (3.0'Wide x 15.0'Long±) `� �- '� "� ' ■;r V1 41- ]LLE 1 i 4.0'�(min) i 'AHWE i h•a =`E - xastiii' A �•, HV�I: , ry r; r g77T W W. 1' 'h 1<- J t F. _ L r tiffs d „ — L L - , - CIa A 'A� � VERU A C �L� :ST XSa. R _ r y, L , 6 .f ��. CL t`�MAL T'AlIrI�BUTTOIVi�oy a f:"Yt _ a� ... - - - , - 'i - `� FLOATING D©CK'2"'+_' Iinv>£' E Pro o^ a s E i . sed.Catwalk Pilin _ ;. p gr;' UNDERWATERGRAD total @,6.,0" t , r.r _ y^ t - S 1' .. -.ro P `e 1'' _ �os d�F "a D�'� e .� o tin o k Fil,�ri« , P - 0 -- - - - -- -�4aA U y ,.- '.. ;s �,', yy,�„� �fi.. ':,:.5:� Yr.}(' ,t/�r ,•,�... :F'o. v o .:. —TING ya ° s a'FLOATING DOCK VERTICAL STA _r- : ` u; r LAG BOLT LAG BOLT , VERTICAL'STAY_S s :(perPilinS)(PerPilinS) �JTfdht Vew) 'n,rc A ... `` 31V0 SCALES 4 -1V0 SCALE"` LAG BOLT Proposed Floating `. Piling) P d Fl o ;' (per Dock Piling ............................... r ropose oating Dock Piling (4 total @ 8.0"�) (4 total @ 8.0" ' METAL CABLE PROPOSED ,(pert Pilings) PROPOSED FLOATING DOCK FLOATING DOCK ,` (6.0'Wide x 20.0'Long (6.0'Wide x 20.0'Long±) c "o 5.1 f v r f� t: I I" f i ro { moi• e 0 „ , : " _ t'= MAR 1 209 uA�' z o 1;25 -W, w V N Sic' i T,„rny Z r- 17 DER4V;A R GRA E. ;UNDERWATER GRADE., ;V O o Board rTr,� cncn P ' METAL CABLE p er0.2 Pitin s -o �c o c *4 C)n G p N PR(OPtOSED wGCONDITIONS ° ,' o^ r. �.�k'.h,'4 V.N ... • •. . �,.i � 1••x•1 u.�• =`NO•SCALE• ;¢�„r: ° : ;�”� .. cu: WL5T LAKE •� iia,, � 0 (� L 4 N 0 r u CA � •5 -o 1 / 0 • • perty- 1� }PROPOSED E %., DOCKAGE IL .a A J5 A U