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HomeMy WebLinkAbout1000-123.-3-1 OFFICE LOCATION: O��QF S0(/TyOI MAILING ADDRESS: Town Hall Annex '` P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 �p� Telephone: 631 765-1938 O Fax: 631 765-3136 eou 11 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: December 10, 2019 Re: LWRP Coastal Consistency Review for WILLIAM & KAREN GOYDAN SCTM# SCTM# 1000-123-3-1 En-Consultants on behalf of WILLIAM & KAREN GOYDAN requests a Wetland Permit to remove existing floating docks, and construct a new fixed timber dock with water and electricity, consisting of a 4'x78' fixed elevated catwalk constructed with open-grate decking; a 3'x14' hinged ramp; and a 6'x20' floating dock situated in an "I" configuration and secured by two (2) 8" diameter pilings. Located: 1645 Marratooka Road, Mattituck. SCTM# 1000-123-3-1 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. The applicant has not demonstrated that the following dock standards pursuant to § 275-11. Construction and operation standards have been met to meet policy 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 (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] Whether the dock will cause degradation of surface water quality and natural resources, X11] 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 applicant does not discuss potential, cumulative impacts to Deep Hole Creek. Cumulative impacts include the potential, adverse impacts to water quality from dock construction (turbidity, pesticide treated piles), operation of the vessel (turbidity at lower tides potentially resulting in bottom scaring) and cleaning of vessels with chemical cleaners capable of entering the water body. 9.4. Assure public access to public trust lands and navigable waters. E. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. 1. Provide for free and unobstructed public use of all navigable waters below the line of mean high water for navigation, recreation, and other public trust purposes, including the incidental rights of public anchoring. Private dock structures extending into public trust lands and waters obstruct public use in the area where the dock is located and does not meet this policy. 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 1 ' % Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I, 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) 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- supportin2 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 RECEIVED SCTM# 123 - 3 _ 1 F NOV 222019 PROJECT NAME William&Karen Goydan u l"own The Application has been submitted to (check appropriate response): Planning Board 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 (a•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 existing floating docks,and construct a new fixed timber dock(with water and electricity),consisting of a 4'x 78'fixed elevated catwalk(constructed with open-grate decking);a 3'x 14'hinged ramp;and a 6'x 20'float secured by two(2) 8"-diameter pilings,as depicted on the project plan prepared by En-Consultants,dated October 30,2019. l Location of action:1645 Marrratooka Road,Mattituck Site acreage: 40,178 sf Present land use: Residential,single 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: William&Karen Goydan (b) Mailing address: 5 Lewis Lane Chester,NJ 07930-2723 (c) Telephone number: Area Code 908-304-3325 (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,NYSDOS,&USACE 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 The proposed dock would be in harmony with the visual quality of the surrounding environs,as it would be located within a historically developed shoreline area of Deep Hole Creek characterized by a multitude of dock structures,including the Trustee-permitted dock structures located on the adjacent northerly property and two properties to the east. 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 To the extent that it is applicable,the project is consistent with Policy 5 because the proposed catwalk will be constructed with untreated,light-penetrating,open-grate decking. 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 dock is proposed in the same location as existing floating docks to be removed and thus within a void in the interidal marsh,but in order to protect and encourage the restoration of marsh vegetation,the catwalk will be elevated at least 4 feet above marsh grade and will be constructed with untreated,open-grate decking to allow for light penetration through the dock. Thus, the dock would not create a"fragmentation of ecological communities" along the developed shoreline nor result in the physical loss,degradation,or functional loss of ecological components,or otherwise adversely impact the adjacent vegetated tidal wetlands or surface waters of Deep Hole Creek, The dock would also be consistent in all ways with the"construction and operation standards"for docks set forth by Town Code Section 275-11(C)(2)and thus with Policy 6 of the LWRP. 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 J 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 ❑ No❑ Not Applicable The proposed dock would be located within a historically developed shoreline area of Deep Hole Creek,which is characterized by a multitude of dock structures,including the Trustee-permitted dock structures located on the adjacent northerly property(WP#1661)and two properties to the east(WP#1016).The dock would extend approximately 58 feet seaward of MLLW,five percent of the width of the waterway;and due to its location along the shoreline would be positioned substantially inside the pier line of the adjacent dock to the north and the existing and any potential neighboring docks to the east. And due to the soft,mucky soils and tidal marsh vegetation along the shoreline,public pedestrian pass and repass is not accommodated along the subject shoreline. Therefore,consistent with Policy 9,the proposed dock would cause no adverse impacts on existing or potential navigational conditions or otherwise affect the public and recreational use of Richmond Creek. 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 TITLE Coastal Management Specialist DATEOctober 31,2019 Rob e=ann Amended on 811105 J E,N - CONSULTANTS 1319 NORTH SEA RD. --MIIT.R-AMPTON, NY 11968 POI -63;1a2 -6360 A. DR L, ED(. Ocy, tutuck A rport Marratooka Pt NOV 1 2019 v , mp �I 1 51f�(ACCEE55 via MVP CMK&5UIUCf MOM E GREAT A BAY Suffolk CountyH"J'tr"Map 45 1 2000' 0 000 W EX. FL ATING DOCKS TO BE REMOVED ±15' 6' x 20' FLOAT SECURED />" BY (2) 8"—DIAMETER ±58,/ 3' x 14' RAM 4' x 78' FIXED IMBER AL (W/OPEN—G TE DECK L+A +20' aim I. Purpose; Private, noncommercial, '11-10 +18boat dockage 2. [9aWm: MI M— 0' -oil 25' 25' 1, 3. Water depths(referenced to%M AR�f transcribed from hydrographic survey 1" 50' 0 s prepared 64 Nathan'raftCorwin III Land > Surveyor,dated May 1,2019 4. Pock to 6e constructed with open-grate decking 04 and equipped with Water and clectrIC4 Plan and crO55vi6w diagrams are Schematic in 0 N" nature and are intended only to c5ta6h5h project location,Scope,and basic construction details for 0 14, ended to serve permittinq purposes and are not IrrL G, 015 or 565tittge for eriqimeerinq or construction f Ip 7-11. plans for construction purposes 69- Project location: 1645 Marraboob pad, -Mattituck, 5CTM No, 1000 PFZOPO5�12 POCK FOP, Wl[..I IAM ANP KAP-�N 6OY12AN ON 12��F HOLCF&K, W11TUCK, 5UFFOLK COUNTY, NY BUNGALOW LANE 15H��f I OF 2 10-50-19 NOV 1 2019 5�CTION THFU FPOF05�P POCK FMACMW X + PROP05E9 yid DOCK FIXED MW CATWALK (min) OPEN-GPM DECKING 6"CAP5&5TUNGER5 X MNW� 3'-4" KM<O'-O" f119A 95H EX GRADE 10' 10' I" = 20' � � 8"x VAR LENGTH%PPORf P05f5(+6'-8'O.C) +58' (2) 10"x+30'PU5 E N o CONSULTANTS 1319 NORTH SEA RD, ppOPO5�12POCK FOP, WLI IAM ANP SOUTHAMPTON, NY 11963 KAp.�N 60VAN ON MP H01.� CPM, 631-253-6360 MATrITUCK, 5UFFOI K COUNTY, NY 5H��f 2 OF 2 10-30-19 �j�• � �, +�j.- �t ' t .S/'" y�y� � tk-•,�5 `S ! ' ...yam !. � .��s��(w, 8�a i �•�' �i a � :t !M yr.* h:Y4 ;' �t� 'i� ��']]7{{{ 4' �i�r.a o 1 , for _ �. *� .. � •�'•— t .` � =�•�"�`�`� � '.- •• gy=p • • - r € • t s _ r � / 'rasa• ;.+: .«� .• °` ` L Lj ^!lir as,,, t• .. .^ .. IF Ji F .t -• a ,• ._ WILLIAM AND KAREN GOYDAN, 1645 MARRATOOKA ROAD, MATTITUCK a o-. / i FSS .•++(; G t d ..�aj1 r Figure 3. Looking east over existing floating docks to be replaced with fixed dock and at existing dock located two properties to east. 4 1 �1 Figure 4. Looking north over existing flouring docks to be replaced with fixed dock(center);at existing dock on adjacent property to north (left);and at other existing docks along shoreline to northeast(right). WILLIAM AND KAREN GOYDAN, 1645 MARRATOOKA ROAD, MATTITUCK r Ile 1645 Marratcoka 'd Google t Figure S. Aerial view of subject property and surrounding docks to north and south in June 2018. Aerial image by Google Earth. SEE SEC NO 115 SEE SEC NO 113 " ,~ Ns, ------ ----11NE_Z?" IMTCN �_ uNE W1Cn uN[ A --_ --__—__-- --_—_—.— ` .... .-. FOR PCL NO f O 35'f2 + ^� O�F / SEE SEC NO 13 ' ''° •r9 O .�4 s.t , LTA 144 ,JI FOR PCL NO x / ^,) A /2Mfc1m+,?N �M N SEE SEC NO •I p M 0 2.dWq cN IU`NN of 31 5 •, ly ",e• �5,t1 �� n SOTNO ° 1 �° n �• 1 CoA tiw CREEK • B ,Bc i/ 7o W �I �., O 20.1 \. - 5 �• a tzµcl m z V. 35 'Vq 6 If a •d QO1�/ w 1 au. Ys 9• n5 G p � ° '1P 0 r /.S ze .lp ], ` ,,� ,� ti 22.2 n, 31 aT v. z � x 113 ton• O "' /./ �' m z xs x ,- rvx u, ,P l /yam/ 5 " ftp s ' ,111 O``, mp / 17 5 e Fo O p • n 20 j a PIE -j- eW$ .�. ------ �m -.Z UNTYOFSU LK eF TION NO (21) 0 ,.. — .... — .. o. FFO © K Property Tax Service Agency v -- — — P GM..RN.M...Natp 123 ... �... aounlan Real • t~ A SURVEY OF PROPERTY16 SI T UA TE NOV 1 2019 MATTITUCK 105 TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK -- \ NG.MON• FLAG W �o S.C. TAX No. 1000- 123-03-01 \N N �� SCALE 1 "=20' rn MAY 7, 2019 TgUSAN s TOTAL LOT AREA = 40,178 sq. ft. FLAG (TO TIE LINE) 0,922 ac. <P OW NOTES: ,s"g$ 1 V,Q\ e j WA 1. ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM +' E 1 `' �'G �v' s c E gS M W \—J Tp D 6 �' �BOTTO�pM LO 20ay \ S WATER � LEVet CERTIFIED TO: N � FIAG WILLIAM GOYDAN KAREN GOYDAN FIDELITY NATIONAL TITLE INSURANCE COMPANY AFMC MORTGAGE s LOW N'A7p 1.7'R MARK ON MARCH A n !� e�' \� o�O 26, 2019 �t9 ` �P�� ` ,o p ? J V �J 7 °�°G2�ti �o&bm o. FLAG S 80°45,39„ 02'I °A0-1 40.31 -, E \A 61 25 EILEy.+tWATER O��JMARK ON MARCH 26, 2019 FLAG 7 F ooh Q°� , 'O � o xJ2ysG�T O FLAG X00 O O \� a a RAT a /` E\ • AS DRIVEWAY ,e• �j ea• '4 A. ems• @. ` 9 ♦ 9WCG' -Cy •. a 'd ;a e e' a 01 ' e• �B G+O RE 8c BRICK \ r -10e i 4. Co ♦ o Q� 17 W \ 4 CJ 10 � � �o 1% �i en 'd.. W �y \ 'd J 4 e PREPARED IN ACCORDANCE WITH THE MINIMUM • /�/ STANDARDS FOR TITLE SURVEYS'AS'ESTABL(SHED d d�: 'e' •/ BY THE L.IA.L.S. AND,.APPRO ED'AND..,�4DOPj�EED FOR SUCH USE BY�+'iliE,1�E�N ORf(;,ST?1TE LAND a .d` TITLE ASSOCIATION. . L e' e 67 N.Y.S. Lic. No. 50467 •�� CO1VC. MON 1 J I UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF Nathan T of t Corwin "' SECTION 72LA OF THE NEW YORK STATE � HEDC``'R `ice MON EDUCATION LAW. W co C. TaO HEIELAND SURV SURVEY KED SMAP EAL ORRING 77-16 " Land Surveyor EMBOSSED SEAL SHALL N ONSIDERED 48 ' TO BE A VALID TRUE COPY. 45 W OoHEAD WIRES CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY UIV AGE OF Successor To: Stanley J. Isaksen, Jr. L.S. IS PREPARED, AND ON HIS BEHALF TO THE PAMfNT Jose h A. In a no L.S. TITLE COMPANY, GOVERNMENTAL AGENCY AND GAL P 9 9 LENDING INSTITUTION LISTED HEREON, AND TI— Title Surveys — Subdivisions — Site Plans — Construction Layout TO THE ASSIGNEES OF THE LENDING INS Y Y TU110N. CERTIFICATIONS ARE NOT TRANSFERABLE. PHONE (631)727-2090 Fax (631)727-1727 LAN OFFICES LOCATED AT MAILING ADDRESS THE EXISTENCE OF RIGHTS OF WAY 1586 Main Road P.O. Box 16 AND/OR EASEMENTS OF RECORD, IF Jamesport, New York 11947 Jamesport, New York 11947 ANY, NOT SHOWN ARE NOT GUARANTEED. 36-046A