HomeMy WebLinkAbout1000-116.-7-2 OFFICE LOCATION: �OF SO(/TyO MAILING ADDRESS:
Town Hall Annex �� l0 P.O. Box 1179
54375 State Route 25 [ [ Southold, NY 11971
(cor. Main Rd. &Youngs Ave.) va
Q Telephone: 631 765-1938
Southold, NY 11971
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LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: Michael Domino, President
Town of Southold Board of Trustees
From: Mark Terry, Principal Planner
LWRP Coordinator
Date: June 19, 2019
Re: Proposed Wetland Permit for FLORIANE LAVAUD & THOMAS ANNICQ
SCTM# 1000-116-7-2
Cole Environmental Services on behalf of FLORIANE LAVAUD & THOMAS ANNICQ request a
Wetland Permit to construct 160' catwalk with 5'6" ramp and stairs to water level for launching
kayak, paddle board, canoe, etc. Located: 305 Halls Creek Drive, Mattituck. SCTM# 1000-116-7-2
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 the below Policy Standards and therefore is
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.
§ 275-2. Definitions, word usage. defines a catwalk as:
CATWALK-An elevated walkway, usually built to gain access to a commercial or
residential dock, built at a fixed height above grade and which is constructed
landward of the high-water mark.
The proposal does not fully meet the definition of a catwalk. The catwalk extends past
the high water mark and does not"gain access to a...residential dock".
The stairs at the terminus of the catwalk exceeds 1/3 of the waterbody (between 0.0
and 0.0 LW) and does not comply with the intent of Chapter 275-11. Construction and
operation standards.
C.(2)(b)LL Within creeks and other narrow waterways, no dock length shall exceed
113 the total width of the water body. Determination of the length of the dock must
include the dimensions of the vessel.
Further, the applicant has not demonstrated that the following dock standards pursuant to §
275-11. Construction and operation standards have been met.
(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.-
[5]
ffects.[5] Whether the dock will cause degradation of surface water quality and natural resources,-
The
esources,The water depths at the terminus of the catwalk are shallow. The applicant submitted
data that the water levels occur between .70' MLW and 3.00' MHW as the end of the
catwalk and actual water depths to the substrate are 2'.3". The elevation of the
substrate is not given. The water depth information appears to be incomplete and
incorrect.
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Figure 1. Subject parcel showing very shallow water depth and dark, silt mud bottom
(2016 Aerial, Google Earth).
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Figure 2. Recent photo of low water at catwalk terminus (File).
The water depths are inadequate to operate vessels safely; including manual powered.
The very narrow channel also poses restrictive challenges to the safe navigation and
operation of a vessel.
The operation of vessels in the area at periods of low water or seasonally influenced
tidal regimes would create turbidity in the water column resulting in adverse effects on
submergent vegetation and shellfish species.
(6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and
wildlife habitats;
The proposed action is located within a DEC Critical Environmental Area. The NYSDEC
Environmental Mapper indicates that protected Rare Plants and Animals may occur on,
or in the vicinity of the parcel. The installation of the catwalk through the wetland will
disrupt the use of the area by wildlife by fragmenting habitat.
The installation of chromated copper arsenate (CCA) treated materials in this area will
result in the leaching of pesticides into the substrate and waters. CCA is a wood
preservative pesticide containing chromium, copper, and arsenic that protects wood
against termites, fungi, mites and other pests that can degrade or threaten the integrity
of wood products.
The proposed construction practices of the catwalk in this sensitive wetland have not
been identified. It is recommended that the applicant identify the proposed construction
practices
Activities during catwalk construction can destroy vegetation (spartina spp.) either
above or below the tide line by pulling them from the substrate or destroying their root
system. The peat beds underlying salt marshes can also be compacted through the
improper use of heavy equipment.
M Whether the dock will result in the destruction of or prevent the growth of vegetated
wetlands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia
maritima) or shellfish;
The installation of the CCA treated posts will result in the net loss of vegetated wetland
including (spartina spp.).
[10] Whether the dock will adversely affect views, viewsheds and vistas important to the
community
The construction of a catwalk in the proposed location would be directly visible from a
public roadway (New Suffolk Avenue) identified by the community as possessing high
scenic value. The catwalk would impact the natural setting of the view shed looking
south.
[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
The construction of the catwalk would set precedent that could result in the increase of
catwalks in areas of high quality wetlands and/or with inadequate water depth
conditions.
The Town of Southold provides adequate opportunities to access public waters and the
launching of manually and motorized powered vessels. Throughout the Town a total of
303+ public and quasi-public access points have been established to allow for access to
the foreshore and navigable waters. These access points include, boat launch facilities,
road ends, beaches, managed parks and Town owned properties.
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 RECEIVED
LVVRP CONSISTENCY ASSESSMENT FORM MAY 0 6 2019
Southold 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 Mpon the coastal area(which includes all of Southold TOWnJ.
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 exTplaimed 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 ofSouthold'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
Scum 1000 _ 116 _ 7
PROJECT NAME M A"C T 1 TU C\e- CA T W A`L V
The Application has been submitted to(check appropriate response):
Town Board ® Planning Board® Building Dept. M 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:
CONSTRUCT 160'CATWALK WITH 66"RAMP AND STAIRS TO WATER LEVEL FOR LAUNCHING KAYAK,PADDLE BOARD,CANOE,ETC.
Location o f action: I� H iot L L S G REQ R-1 N1 Fi
Site acreage: = 1.15
Present land use. RESIDENTIAL
Present zoning classification: AC -
---------------------
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:_ LAUAUD AND THOMAS ANNICQ C/O-DENNIS COLE AGENT
---------------
(b) Mailing address:-------------------- _
100 HUDSON STP-eel APT 8D NEW �I-, Nvl 10013
(c) Telephone number: Area Code ( )617-834-5141
(d)'Application number, if aay..
Will the action be directly undertaken, require funding; or approval by a state or federal agency?
Y e sT✓ N oE1 'I f yes, which state or federal agency?NYSDEC ---- _
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 L 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.
✓�e s .No Not Applicable
THE PROPOSED CATWALK ALLOWS RIPARIAN ACCESS A BENEFICIAL USE OF A COASTAL
LOCATION.AND MINIMIZES THE IMPAMWY MEPING THE CATWALK_A MINIMUM OF 4.5'
ARnVF._THF.MARSH RnTTnM THF. FFnRF THIS,PRQPQSAT. TS C ONSTTF.NT WITH THTS POT TC'Y '
Attach additional sheets Miecessary
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
0 Yes-1:� No 0 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—PoIicies Pages 6 through 7 for evaluation criteria
M✓ Yes E3No ® Not Applicable
THE PROPOSED CATWALK WILL PROTECT THE EXISTING INDIGENOUS PLANS FROM LOOS OR
DISTURBANCE TO THE MAXIMUM EXTENT PRACTICAL MINIMAL DISTURBANC WILT. Q(:C1 JR
WHEN THE PILINGS ARE-INSTALLED, BUT THIS IS SHORT TERM. THE PMENCE OF THE CATWALK
WILL OVERALL REDUCE IMPACTS TO THE WETLANDS FROM PEDESTRIAL DIRECT
ACCESS WHICH PRESENTLY OCCURS, THEREFORE THIS PROPOSAL IS CONSISTENT WITH THIS POI.TC:Y-
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 0 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
0 Yes ® No ®Not Applicable
THE TOP DECKING WILL BE CQNSTRUCTED USING OPEN-GRATE nTON---M OOD COMPDSITE
MATER AIS WHICH WILL NOT DEGRADE TNF OVERAI L 144ATERQI1AEI'FX
ME REMAINDER OF 111E STRUCTURE 144111 USE C A WOOD 42 IF,
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 DESIGN IS SUCH THAT IT WILL PROTECT THE EXISTING WETLANDS AREAS WHILE
ALLOW THE PROPERTY OWNER TO GAIN ACCESS TO THE OPEN WATERS OF HALLS CREEK. AS
STATED BEFORE THE DECKING OF THE CATWALK WILL BE A MINIMUM OF 4.5' ABOVE THE
WRILANDS SURFACT ELEVATTCIN THFRFFO$F TTHTS PROTRC'T T.0 C nNSTTFNT WTTH PnT.TCY
NI WRFR CTX PROTECTING.THE TOWN OF C 1-11HOL it EC6SYSTEm
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies
Pages 3,2 through 34 for evaluation criteria.
® Yes Ej No M 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 2 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.
® YeM No 0 Not Applicable
THE SUBJECT PROPERTY IS PRIVATELY OWNED AND PUBLIC ACCESS AT THIS SITE IS NOT
POSSIBLE.
Attach additional sheets if necessary
4
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.
M Yes ® No ® Not Applicable
.THE PROPOSED CATWALK, AND STAIRS WILL ALLOW FOR KAYAKING, AND CONOEING WHICH
ARE A WATER-DEPENDENT USE. THEREFORE
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 M No Not Applicable `
Attach additional sheets if necessary
Policy 12. Protect agricultural Iands-in the Town of Southold. See LWRP Section III'--Policies; Pages
62 through 65 for evaluation criteria.
11 Yes FM No M 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 DENNIS COLE,AGENT TITLE L)' 6*4& DATE 3.22.201 s
�I
THOMAS ANNICQ AND FLORIANE LAVAUD
305 HALLS CREEK DRIVE
MATTITUCK, NY 11952
SUM NO: 1000-116-07-3.2
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305 HALLS
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EL 3.00
EL 0.70' --- --- --- ---- --- ---
4X4 POSTS 8'-0"TYP.
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REFUSAL 8'-10'
ANNICQ ��OF NEw
305 HALLS CREEKDR, SOUTHOLD, NY 11971 ALK �Q-oQyeR P4&, 0
CATrc Cc
C®`�%us® 11112 1 96 D ON SURVEY BY BASED HYDROGRAPHICSUNSURVEY BY PECONIO RVEYSURVEYNOTOBTAINED-LAT PC DATED ELEVATION W
40'S9'38 W N,LONG.72"301IR65'W VERRCALDATUM NAVD88 m J _
ENGINEERING TAX MAP' 1000-116-07-02 9�
STRUCTURAL RESIDENTIAL COASTAL DATE 1/31/2019 2 �A 'V9416 4(j
CHRISTOPHER CARUSO PE
5247 WILSON MILLS RD#451 IT ISAVIOLATION OF NYS EDUCATION LAW ARTICLE 145 SECTION 7209 FOR DRAWN BY DE RoF 1�1P�
ANY PERSON,UNLESS HE IS ACTING UNDER THE DIRECTION OF A
RICHMOND HEIGHTS,OH 44143 DUCENSED OCUNENTWOESSIONALENGINEERORLANDSURVEYOR,TOALTERTHIS REVIEWED BY CPC 2019. -05'00'
440.201.9861;WWW.CARUSO-ENG.COM SCALE 1"=20'-0"
e it it ;i
THRU-FLOW DECKING
3X6 STRINGER
f APR 5 2019
EXISTING
MHW ------ GROUND ----------- V-0" 4'-0" 4'-0"
EL 3.00'
------------- ------------ ------------------
EL 0.70'
THRU-FLOW DECKING-/ X6X12'KAYAK RACKS
THRU-FLOW DECKIN
3X6 STRINGER
4X4 POSTS
DRIVE TO
REFUSAL W-10' EXISTING
n TYP SECTION o i+nHW___ GROUND
0MLW-------------- ----------
EL 0.70' -------------
4X4 POSTS
DRIVE TO
REFUSAL 6'-10'
n KAYAK RACK SECTION
1X'= 1'-011
ANNICQ ,r\�OF NEliy Y
305 HALLS CREEK DR, SOUTHOLD, NY 11971 ,�P QUER P,q(jZ N
CATWALK ,`0 9
* !�)
�/�` , C Iz
����V 8120//1998 SURVEY
SURVEY SURVEY NOT OBTAINED:LAT PC DATED CROSS SECTIONS ) y. I! 1 0 'u
��i/// 40`5913.16"N,LONG.72.30'1065W VERTICALDATUM NAVD88
ENGINEERING m TAX MAP: 1000-116-07-02 -
STRUCTURAL RESIDENTIAL COASTAL DATE 1/31/2019 094169 �j
CHRISTOPHER CARUSO PE
5247 WILSON MILLS RD#451 IT IS A VIOLATION OF NYS EDUCATION LAW ARTICLE 145 SECTION 7209 FOR DRAWN BY CPC Rom NP
ANY PERSON,UNLESS HE IS ACTING UNDER THE DIRECTION OF A 2019. -05'00'
RICHMOND HEIGHTS,OH 44143 DOCUMENT INANY
ONNAL ENGINEER OR LAND SURVEYOR,TO ALTERTHIs REVIEWED BY DWC
440.201.9861,WWW.CARUSO-ENG.COM SCALE: 19' V-0"
THRU-FLOW DECIQNG
1 j s ;__,
1,; 1
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3X6 RINGER PR 5 2019
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THRU-FLOW STAIR W/(3)2X12 STRINGERS
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m
m
— EXISTING GROUND
EL 00'--- — ----------------- ------
MLW---- ---------- -----------
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io 4X4 POSTS
a DRIVE TO
REFUSAL 8'-10'
�. 8'-0"TYP. _r. 4'-10 11Z"
STAIRS SECTION
"
1/411= 11-011
ANNICQ ��OF NEW Y
305 HALLS CREEK DR, SOUTHOLD, NY 11971 ,r\Q� QUER P'46� 0
CATWALK co
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\\V//aaa/// 40'58'33.16"N,LONG.72°30'1065'W VERTIC9LDATUM NAVD88 -
E N G ISN E E R I N c TAX MAP: 1000-116-07-02 S/ -
STRUCTURAL RE51DENTIAL COASTAL - DATE 1131/2019941 rag
CHRISTOPHER CARUSO PERD#45 IT IS AVIOLATION OF NYS EDUCATION LAW ARTICLE 145 SECTION 7209 FOR DRAWN BY CPC ARF NPS'
5247 WILSON MILLS RD#451 ANY PERSON,UNLESS HE IS ACTING UNDER THE DIRECTION OF A 2019. -05'00'
RICHMOND HEIGHTS,OH 44143 OCENNEDDPPINOSSIOANALENGINEER ORLAND SRVEYOR,TOALTER THIS REVIEWED BY DWC
440.201.9861;WWW.CARUSO-ENG.COM SCALE. 1/4"=1'-0"
R, •
GENERAL NOTES.
1.INSTALL 183'+/-OF N WIDE TIMBER CATWALK WITH
THRU-FLOW DECKING AS INDICATED.CONSTRUCT
THRU-FLOW STAIRS DOWN TO CREEK AT END OF
CATWALK AND KAYAK RACK AS SHOWN IN PLOT PLAN.
SOUTHERN2 ALL TIMBER SHALL BE MINIMUM#2
SHALL BE HOT D P GALVANIZED ALL AHAWARE
LL DECKING NACLS CREEK D
_I
SHALL BETHRU-FLOW.
— — APR 5 2019
ISm:"�nld��em
It
I
I
STONE WALK
I
2 STY FRAME RESIDENCE DRIVEWAY
1-1/2 STY.FR.
HOUSE&
GARAGE
DECK
0
10.0 p
TOP OF BANK
EDGE OF WETLANDS
I -
4X4 POSTS I
16FT
THRU-FLOW DECKING
I - �
I
' oQ
4X6X12'IKAYAK RACKS _
I
APPARENT HW
SHORELINE PER
PERMANENT STAIRS FILED MAP
TO CREEK AT END OF
CATWALK APPARENT LW
moo HALL'S CREEK OR MUD CREEK
APPARENT LW
0'0
c/".`US® ANNICQ
F NE�j y - - E TG7NEeRI7Nc _ - ' 305 HALLS CREEK
DR, SOUTHOLD, NY 11971
ALK
�Q" SER P.4 0 STRUCTURAL RESIDENTIAL COASTAL
Q C CHRISTOPHER CARUSO PE
5247 WILSON MILLS RD#451
RICHMOND HEIGHTS,OH 44143
r = T440201.9861;WWW.CARUSO-ENG.COM PLOT PLAN
m CJ O W BASED ON SURVEY BY BASED ON SURVEY BY PECONIC
Z SURVEYORS PC DATED 11/20/1996• HYDROGRAPHIC TAX MAP. 1000-116-07-02
(P SURVEY SURVEY NOT OBTAINED: LAT.40°59'33.16'N, I
94169 0 LONG. 72°30'10.65"W: VERTICAL DATUM:NAVD88 DATE 1/31/2019 II
ARO Hyl DRAWN BY DE
2019. -05'00' IT IS AVIOLATION OF NYS EDUCATION LAW ARTICLE 14S SECTION 7209 FOR REVIEWED BY CPC SCALE: T'=30'-0"
ANY PERSON,UNLESS HE IS ACTINO UNDER THE DIRECTION OF A
LICENSED ANY ANAL ENGINEER OR LAND SURVEYOR,TO ALTER THIS
DOCUMENT N 2/3/2019 7:48:18 PM
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