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HomeMy WebLinkAbout1000-104.-9-2 OFFICE LOCATION: ti0��of S0(/lyQMAILING ADDRESS: Town Hall Annex l O P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 Telephone: 631 765-1938 O Fax: 631765-3136 �ylroutm,Nc� 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: July 16, 2019 Re: Local Waterfront Revitalization Program Coastal Consistency Review for,WILLIAM MACGREGOR SCTM# 1000-104-9-2 Jeffrey Patanjo on behalf of WILLIAM MACGREGOR requests a Wetland Permit to remove existing fixed dock, ramp and floating dock and replace in the same approximate location as existing dock a new 4' wide by 80' long fixed pier with thru flow decking on entire surface; a new 30" wide by 16' long aluminum ramp; and a new 6' wide by 20' long floating dock supported with two (2) 10" diameter piles; in addition, there will be a trimming and maintenance of a 4' wide cleared path from the proposed dock to the edge of existing maintained lawn. Located: 1120 Broadwaters Road, Cutchogue. SCTM# 1000- 104-9-2 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 determination that the proposed actions are INCONSISTENT-with the below listed LWRP policies and therefore is INCONSISTENT with the LWRP: The existing dock structure had received a Wetlands Permit (1614) in 1981 for a similar, but shorter dock. The proposed dock extends 14 feet further into public waters. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems 6.2 Protect and restore Significant Coastal Fish and Wildlife Habitats. 6.3 Protect and restore tidal and freshwater wetlands. 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: [2] Whether the dock will unduly interfere w1th the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water-dependent activities; Private dock structures extending into public waters decreases the public use of bottomlands and the nearshore area. It is recommended that the Board verify if the proposed dock meets the dock line. (51 Whether the dock will cause degradation of surface water quality and natural resources; The action is proposed to be located within a New York Department of State Significant Coastal Fish and Wildlife Habitat Area - CUTCHOGUE HARBOR AND WETLANDS. The construction of dock structures in these areas results in the loss of littoral and marine habitats. The COASTAL FISH &WILDLIFE HABITAT ASSESSMENT FORM states that: "Elimination of salt marsh and intertidal areas, through dredging, loss of tidal connection, excavation or filling, would result in a direct loss of habitat area. Construction of shoreline structures such as docks, piers, bulkheads or revetments, in areas not previously disturbed by development (e.g., natural beach or salt marsh) may result in a loss of productive areas which support the fish and wildlife resources of Cutchogue Harbor Area. Unrestricted use of motorized vessels including personal watercraft in the protected, shallow waters of bays, harbors, and tidal creeks can have adverse effects on aquatic vegetation and fish and wildlife populations. Use of motorized vessels should be controlled (e.g., no wake zones, speed zones, zones of exclusion) in and adjacent to shallow waters and vegetated wetlands." [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. 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 extending of the dock structure will result in a net decrease in public access to public underwater lands. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed actions. Cc: Damon Hagan, Assistant Town Attorney Town of Southold LWRP CONS11STEN'CY ASSESSMENT FORM A. 11 MTRNCTIONS 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 upoa_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 MlainM in detA listing both suMortiina and non- supporting faetso If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LVM 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. Bo DESCRIPTION OF SITE AND PROPOSED ACTION , SCTMN 10 - 01 _ 09- 11 PROJECT NAZI^ 1 1 7 0 Q/ 0 a w a-l"G!S {L'D a 4 — e..0 4-C-h 0 4 u 5 The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees I, 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: 4,e 41 P Location of action: 1120 Aa aA - eL'4 c h.q W c Site acreage: o . —7 Present land use: s Present zoning classification: A S 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: W im AA a e 4 re y o/(— (b) Mailing address: Odve, 0y (c) Telephone number: Area Code( ) (d) Application number,if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes EI�No❑ If yes, which state or federal agency? N I S D E c- 1v4C..0 orf 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 reganire that the foram be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development an 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 LSP Section I[Ilt—Policies; Page 2 for evaluation Criteria. 171 Yes ❑ No ❑ Not Applicable Qr&Ael.+ mft4i ;P-e✓teAa-.( use- m-C Goa.--;,fal loet-t-f..,-j e,-"J- gelJ&ee,"r, g SCIS-teres d,toceiL wt4-k .t a•e.-•+ ette•el( 4v^ses-b,,tC@" at—+hyieelkb,�a. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the 'rowan of Southold. See 1LWRP Section III—Policias Pages 3 through 6 for evaluation criteria 11 Yes No Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See I VVRF Section III—Policies Pages 6 through 9 for evaluation criteria ❑ Yes ❑ No allot Applicable pP e l c a w 1 L( k"ve. ,ve> Q pFe e4 - Attach additional sheets if necessary NATURAL (COAST POLICIES Policy 4. Minimize loss of flee, structures, and natural resources from flooding and erosion. See LVVR P Section III—Policies Pages g through 16 for evaluation criteria Yes ❑ No ❑ Not Applicable Projec-L Ptoucde a ,.e- L. -ra.S.l� �-*� G2oGlL a•c�2 (�✓ea.c�2fi dL sl et..e- Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of,Souuthoflda See LVMP Section M —Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No 1 ' F Not Appincabk Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including SigniffRcaut Coastal Fish and Wildlife Habitats and wetlands. See LVVW Section III—Policies; Pages 22 through 32 for evaluation criteria. ❑ ❑ Yes No Not Applicable PI'olwed provides �vo/ /r►Sta�(aT� o-� .,F ��Iru- F�e..� G��c(L/ns t-4,W& teiereaScs eu., dv, efIi -fe hreed'f!!y . Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See ILWRP Section HI — Policies Mages 32 through 34 for evaluation criteria, ❑ Yes ❑ No�ot Applicable Attach additional sheets if necessary Policy S. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See ILS Section IH—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes 1-1No U leo$Applicable PUBLIC COAST POLICIES ES Policy 9. Provide for public access to, and recreational use of9 coastal waters, public lands, and public resources of the Town of Southold. See ILWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. 19 Ye❑ NO❑ Not Applicable fro,irel II v,,bi Ar Gs-o Dt-Ctx aceno -t® .,Ex . Attach additional sheets if necessary WORIKI G COAST POLICIES Policy floe Protect Southold's water-dependent uses and promote siting of new water-dependent uses in s uital� locations. See LVJRP Section III—Policies; Pages 49 through 56 for evaluation criteria. Z�� ❑ No ❑ Riot Applicable Prof,fG4 ProyideJ 4r Coaxit.,vec.P- ACCcSS L ® saaa'�e�r . Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Townanwaters. See LVVRP Section gY�—Policies; Pages 57 through 62 for evaluation criteria. El yes El No E9 Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lauds in the 'gown of Southold. See LWRP Section Uff—Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No u Not ApplicabEe Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LVVRP section M—Policies; Pa es 65 through 68 for evaluation criteria. ❑ Yes ❑ leo Riot.Applicable F--2 5 WATER DEPTH REFERENCED TO MLW AS PROPOSED FIXED ELEVATED PIER 4' WIDE X 80' LONG W/ THRU-FLOW DECKING MEASURED BY JOHN GERD HEIDECKER, L.S. PROPOSED 8°0 CCA PILES (TYP.) PROPOSED 30" WIDE X 16' LONG 12 ALUMINUM HINDGED RAMP PROPOSE 6' WIDE X 20' LNG 80, FLOATING DOCK SUPPOORTED W �0 $ 4 _ _ _ PROXIMATE M.H.W. EL 2.5f --- --- — ------- ---- ------ W *-4-4 — _ _ _ PROXIMATE M.LW EL O.Ot o s EXISTING GRADE —4 Or . Y. WWWyy 2 z9 ds '. PROPOSED 8'WIDE X 20'LONG W/(2)1 OMC SUR W/ - 's W/(2,,D•,Cr�PI�Es TYPICAL SECTION W �J >s u PROPOSED JO'WIDE X 18'LONG 2 ALUMINUM HINDGED RAMP r L I t; tt r S �y�WWWWWW N.T.S. REMOVE k DISPOSE OF EXISTING FD®PIER. q RAMP AND FLOAT9�DDpL �A� Z 4 PROPOSED 4'WIDE X 80'�LONG FD(ED ELEVATED PIER � � x" W/THRU-FLOW DECwLx s r aA POSTS i ' .W . WyWyWWWy `\ PROPOSED PEN-oaE DECKNO oeEauu ^{ M y.;U�t pi rrr7 DOSRNG VEGETATED WEnANDS As IDENTIFIED —�03ltj Of T`irt�pS 6Y J.PATANJO ON MAY 2,2019 \W ; / ••\W 4, W W W W\ \W 9�6 W •\ Broadwaters Cove Marina® f of 1 TRIM&MAOITAIN OEM 4'WIDE PATH TO DOCK to - ', •t t'•'. C 1Beacseway h, 1120 Broadwaters Road EXISTING WOOD DECK TO REMAIN 00SLRIG SPLIT RAIL FENCE TO REMAIN------------ / LOCATION MAP 1 STORY / N.T.S. / FRAME RESIDENCE/ PROPERTY OWNER: PREPARED BY:/' WILLIAM MACGREGOR JEFFREY PATANJO 1 S. ASTOR ST. — APT 1402 P.O. BOX 582 IRVINGTOWN, NY 10533 BOHEMIA, NY 11716 631-484-9332 Proposed Dock Permit Plans SCALE: / JJPATANJO@GMAIL.COM 1"=40' / EXISDNG WOOD WALLS TO REMAIN(W.) NOTES: PROPOSED PLAN, SECTION DATE: 4 1. LOT AREA: 29,48'5 S.F. / 0.677 ACRES & LOCATION MAP 5-1-19 3 6� GRAVEL DRI2. PORTIONS OF PLAN FROM SURVEY PREPARED BY: 1120 BROADWATERS ROAD Q/ VEWAY / 049 9 �O PECONIC LAND SURVEYORS, P.C. CUTCHOGUE, TOWN OF SOUTHOLD 80.00' 1230 TRAVELER STREET, SOUTHOLD N.Y. 11917 SUFFOLK COUNTY, NY SHEET: ROADWATERS ROAD SURVEY LATEST DATED AUGUST 20, 2011 TAX MAP N0. 1000-104-09-02 1 of 1 ANY AL7ERATTON OR ADDITION TO THIS SURVEY IS A WOLA77ON OF SEC77ON 7209OF THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFlCAAONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY lF SURVEY OF .PROPERTY SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. • AT NASSAU POINT LOT NUMBERS REFER TO "AMENDED MAP 'A' OF NASSAU POINT, NASSAU POINT PROPERTIES, INC." FILED /N THE TOWN OF SO UTHOLD SUFFOLK COUNTY CLERK'S OFFICE ON AUGUST 16, 1922 SUFFOLK COUNTY, Y AS FILE NO. 156. ELEVATIONS REFERENCED TO N.G.V.D E. ���Q'4SCAL41�30'2 WARCH Z 2011 4UGi 27, 2014(FLOOD ONES) CQSe 1. !0 2014 (revisiolfs =W AUG. -6,,2015 !LOT COVERAGE! • \ �L AHW y MAY 24 201 : LOT COVERAGE 9 BUILDABLE AREA n 16985 SOFT. EXISTING 1846 SQ.FT. (846116985 - 10.9% PROPOSED 1952 SQ.FT. ' / 1952/16985 - 11.5% NYSDEC COVERAGE 25556 SQ.FT. n ! 1952/25556- 7.6% I P/o LOT 252 l o ' FE 4'W F N EDGE'OF LMW I LAW / �r / I AN i �o�o Ne �qE �, 61 Q DECK DECK WALL PROP., 0.2p7 o ADDIT;� - . 12,8' !� li WA , a4'W =ry5,6AIC UNIT 3 c 3,8'• (� l Q¢ I ONE STORY v �p N FRAME HOUSE eW 3 FF EL 12.0' 3,6' A� Z U BR1CK AND CA L i 11.7 __ _ zov 1 GUR�s 7 / WALL / /S6O 160.ZI w 11• I FLOOD TONES FROM FIRM 5y/6 i" �� �`g`' ( N.Y.S LIC. NO. 49618 36103CO164H d ACTUAL CONTOURS'' f ���" ECONIC S EYORS, P.C. / A9 (631) 65909 20 FAX (631) 765-1797 go AREA_29,485 80. f T P.O. BOX ■=MONUMENT '// $ T0 TIE LINES SOU O DV NER 11971 T 111-109 0 10 20 30 uMETERS HEIDECKER LAND SURVEYING FEET 0 20 40 60 80 GRAPHIC SCALE 1" = 20' TERS CAVE gROADwA Z D 0 03 LA -2.51 .-2.62 ,-2.61 r-2.54 , -2 18 r-2.16 , -2.13 , -2.11 -2.63 r -2.31 +-2.29 , -2 33 , -2.69 ,-2.34. -2.37. -2.29 , -2.47 -2 53 -2.31 -2.19 , -2 69 -2.28 -2.57 -2.49 r F r r -2477 0 -2 39 -2.41 -2.33, 17, -2.33 -2.63 o -2.08 -224 -2.29 _213+ -2 27 -2.19 r -2 22 y -1 89 -2.16 -2.51 , -2.29 ' -0.77 -1.09 -1 21 -1.66 -1.78 r \ -1.44 -1 77 ; r -1.37 -0.02 -0.32 -0 36 -0.33 -048, MLLW=0.0�� r r MLLW=0.0' • ^�`"''� �r GE p�V ETA TION mm ED SECTION 104-BLOCK 9-LOT 2 w 1p LQ fir- el?� l MAY 2 4 2019 L. g6til cold Town BoUf of Trnste NOTES 1. FIELD WORK WAS CONDUCTED FEBRUARY, 2018 BY HEIDECKER LAND SURVEYING, PLLC AND ALL MEASUREMENTS WERE TAKEN ON THE GROUND 2 NORTH ARROW IS BASED UPON GPS OBSERVATIONS CONDUCTED BY HEIDECKER LAND SURVEYING, PLLC. 3 ELEVATIONS SHOWN REFERENCE MEAN LOWER LOW WATER (MLLW) VERTICAL DATUM. f Unauthorized alteration or addition to this survey is a violation of section 7209, subdivision 2, of the New York State Education Law. Copies of this survey map not bearing the land surveyors inked or embossed seal shall not be considered to be a valid copy r DATE: c T T T v JOHN GERD HEIDECKER N.Y. STATE LAND SURVEYOR LIC. # 050719 DATE: 1l�ATHYMETRIC SURVEY R V E Il SHED NO 751 ROATES AVENUE MARCH 11, B.M SECTION '104-BLOCK 9-TAX LOT 2 PROJ NO HOLBROOK, NEW YORK 11741 DRAWN BY: B.M (631)-772-9604 CHK BY- J H. #1120 BROADWATERS ROAD 19HLS27 jheidecker®heideckerls.comTOWN OF SOUTHOLD CAD DFP DWG SCALE- 1"= 20' SUFFOLK COUNTY NEW YORK 9 M. 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