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HomeMy WebLinkAbout1000-78.-4-17 OFFICE LOCATION: O�*QF SO o' MAILING ADDRESS: Town Hall Annex '` P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) N �r Southold, NY 11971 O Telephone: 631 765-1938 Fax: 631 765-3136 4UN'T`1 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 1280 COREY CREEK, LLC, c/o CHERYL & RICHARD CORAZZINI, MEMBERS SCTM# 1000-78-4-17 En-Consultants on behalf of 1280 COREY CREEK, LLC, clo CHERYL & RICHARD CORAZZINI, MEMBERS requests a Wetland Permit to construct a fixed timber dock (with water and electricity), consisting of a 4'x12' landward ramp leading to a 4'x128' fixed catwalk (constructed with open-grate decking, elevated 4' above grade of marsh); a 3'x14' hinged ramp; and a 6'x20' "T" shaped floating dock secured by two (2) 8" diameter pilings. Located: 1280 Corey Creek Lane, Southold. SCTM# 1000-78-4-17 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: 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: j21 Whether the dock will unduly interfere with 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. [5] 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 - Corey Creek. 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 Corey Creek. 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. Diamondback terrapin have also been seen but the importance of this area to this species is not well documented. This area may also provide important breeding habitat for horseshoe crab, but additional documentation is required. The creek serves as a feeding area for the osprey along with waterfowl, shorebirds and other wildlife. Waterfowl species observed overwintering in the Corey Creek area include Canada goose, American black duck, mallard, oldsquaw, bufflehead, red-breasted merganser, surf scoter, and common goldeneye. The creek is a productive area for marine finfish and shellfish. The area serves as a important nursery area and habitat for shellfish including bay scallops and hard clams." [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 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. 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 dock structure will result in a net decrease in public access to public underwater lands. A public boat launching ramp is located to the east of the parcel at the end of Corey Creek Lane. 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 CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 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 si nig ficant 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- 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# 78 - 4 _ 17 PROJECT NAME 1280 Corey Creek LLC The Application has been submitted to (check appropriate response): 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 (e.g. capital ❑ construction, planning activity, agency regulation, land transaction) El(b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Construct a fixed timber dock(with water and electricity),consisting of a 4'x 12'landward ramp leading to a 4'x 128'fixed catwalk (constructed with open-grate decking,elevated 4'above grade of marsh);a 3'x 14'hinged ramp;and a 6'x 20' "T"-shaped float secured by two(2)8"-diameter pilings,all as depicted on the project plan prepared by En-Consultants,dated June 3,2019. Location of action: 1280 Corey Creek Lane, Southold Site acreage: 29,708 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: 1280 Corey Creek Lane (b)Mailing address: c/o Cheryl&Richard Corazzini,Members P.O.Box 1281,Cutchogue,NY 11935 (c) Telephone number: Area Code 631-445-7879 (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 1:1 No VN 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 Y 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 located along the shoreline at the northwesterly head of Corey Creek,where it would be situated immediately west of three neighboring docks to the east,including the similarly configured Trustee-permitted dock one on the immediately adjacent property to the east. The dock woudl thus be in harmony with the visual quality of the surrounding environs. 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 LWRP CONSISTENCY ASSESSMENT FORM ADDENDUM for 1280 COREY CREEK LLC 1280 COREY CREEK LANE SOUTHOLD,NY SCTM#1000-78-4-17 POLICY 6 The proposed dock is proposed at the northwesterly head of Corey Creek, immediately west of three neighboring docks to the east, including the one on the immediately adjacent property to the east, which was constructed pursuant to Southold Trustees Permit No. 1825. Pursuant to the Board of Trustees'recommendation in their field inspection report completed on June 13, 2018, the proposed dock has been designed with a configuration similar to the easterly adjacent dock and would be constructed with open-grate decking. To further protect the vitality of the vegetated marsh beneath it, the catwalk would also be elevated 4 feet above the grade of marsh to allow light penetration both through and under the catwalk. Heeding the constraints of the channel width and water depths at mean lower low tide,the dock will extend into the creek only 19 feet seaward of mean lower low water and thus less than one-third of the width of the waterway, which ranges from 77 to 89 feet in the vicinity of dock,where the float would rest in at least 30 inches of water at mean lower low tide. And the terminal float would be located no closer than 15 feet from the laterally extended property line. The proposed dock would thus be consistent with the"construction and operation standards" for docks set forth by Town Code Section 275- 11(C)(2) and would cause no "fragmentation of ecological communities" or result in the physical loss, degradation, or functional loss of ecological components, or otherwise significantly adversely impact the adjacent vegetated tidal wetland ecosystem. The project will thus be consistent with Policy 6 of the LWRP. --SEE ATTACHED ADDENDUM-- 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 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. VN Yes FIN o❑ Not Applicable The proposed dock would be constructed at the northwesterly head of Corey Creek,where there is no navigational outlet or access to public waters or lands to the west. The dock would also be located immediately west of and in line with three neighboring docks to the east and would extend only 19 feet seaward of mean lower low water and thus less than one-third of the width of the waterway. And due to the vegetated marsh and soft soils that characterize the surrounding shoreline the existing environmental conditions do not accommodate public pedestrian pass and repass along the shoreline. Therefore,consistent with Policy 9,the proposed dock would create no changes to or have any adverse impacts on existing navigational conditions or otherwise affect the public and recreational use of Corey 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. ElYes ElNo ® 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 DATEJune 6,Zola Robdh Werrrnann Amended on 811105 p hdw 9 u.awm 121 a(a)w 12fA L'w —__— rNmmw --v-- omwlen--wx-- ,EW, WiX0UT W9TtEx PPFm56i0N0f THE° .,,,,,, _ __ __ mr.ar 121AB1 `"�"^ —____ 5�09nuu. --a-- - PFA,WOPExiY19%BDMCEAG9_NCY.". A�Y+a�1[�3!�Y f UPI JA bTr 146^10�' �.• . - _ '":ni=-• _•.;.5_ - _ P, ya�� Q. } Y y .... «. .. _ .. yw+fi.#s'..+_-b�"Y 46+=, %✓ .4U�...'n !$':yi'� µ 4 2i _f s, 1 ,.. q. .. ..�3.:b....:vs�.:,+„z.,s..4..,,.::..'taT .• ?5 'S ha '`P` 5..:- -,,t. . 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II `� ,. a ,V o d q` � t3gy 6°_ )fa � ♦ 111`LB'�° � +3 •y, ,ns 4„° _ � +^ ,1�: rF /s y elz °e am 131� �fJ $ 45 f E cwi m`3i$�4 °Mc) _ =o n° w ♦$ m y mA ^^ ♦ eq / O lW' T3 - 33 so _1lP eq ` - m '&' ° $ w "-o $ m Q as 1 z9A♦ ti/ a - 91�s fa m _ a 4 j e.$ �©$ �4s_.. 33T 333 1� - f�() z3Af) ?• � 0y tm •423 _6, 4 / - 15_� ' a u ,. J 8f Q e> 's%� 121 56MC) 31 4 y413 .42 euTCH—_— ONS O IS. ,y .� . 6 '° a f wTCX 'as°'a gf a Axst.as SEE SEC NO 08) - [66 S EEE� O441o� L ""�"" `""" °' "°" ------ NOTICE owa COUNTY OF SUFFOLK © K o69 616 0 * BP SOtrrHOL0 SECTION ND Real Property Tax Service Agency N 078 Gouny CenN:r RNeHreaa.NY 11901 BTS " ® AiWCl xo P OR 089 B 1000 PROPERTY AMP Q C KIP`N S ��9 F o w o0 f v LIB N T BB MITm � � 0 ry <A COREY CREEK LANE a � � 0 100.00' F� 90 9 B B'ya OP HESE Eme san nv 3 00. Park CO!of 1 51t(ACa55 via COFfY / ys ti CMEK&5UlUCt ROHM) D i HOG NECK BAY 21.0' A NG N 5uffolk Canty Hag5trom Map 44 111 - 20001 ±38' ti ±38' Notes. 1, Purpose, private,noncommercial, 3 12' RAMP boat dockage 2. Datum; MLLW- 0' -0' TWB 3, Water depths(referenced to MLLW) wTE tran5cribed from hydrographic survey o prepared by Kenneth M,Woychuk Land 5urveyinq,PLLC,dated December 19,2018 4, Dock to be equipped with water and electricity r HM N 5, Plan aid cro55view diagrams are Schematic in -i a nature and are intended only to establish project a A 1" = 40' location,Scope,and basic construction details for permitting purposes and are nob Intended to serve a5 or substitute for engineerinq or construction PROPOSED DOCK plans for construction purposes HM 6. Project location; 1280 Corey Creek Lane, Southold, 5CTM No. 1000-18-4-1-7 4' x 128' FIXED TIMBER CATWALK MHW 1.9a, L y IM 3' - y 3' x 14' RAMP +19 s \5' 8"_PILE (TYP.) -s !- r, 4 13 �6' '2 ' FLOAT ±77' 4�v �'A +89 \ q, t � JUN 0 2019 GREY CREEK S��thoi�Tern / \ Boar Uf Irii-c:�es / E N ® OONSUCIANTS �L= — pp0P05�n 12OCK FOP 1280 COSY 1319 NORTH SEA RD, C M L. C ON COSY C\ K SOUTHAMPTON, NY 11968 50UTHOI P, 5UFFOLK COUNTY, NY 631-283-636 5H��f I OF 2 6-3-19 5�CTION THFU PPOP05F-b POCK 111 , 201 159 5'(KOPO5R)POCK) +38' 128'FIXE17 TIMBER CATWALK(OPEN-6&T PECKING) 6'FLOA 6"x6"CAP5 6"x6"510NGER5 RAMP x w_f X GRAD MMW-2'-5" MLLW m0'-0" '6 9' 3 4"x 4"5UPPORf F055 +Ig' (2) 8"FILE5 Fir �I E N ® 0®NSULTANTS m 1319 NORTH SEA R®, PPWF05�P POCK FOP 1280 COPY SOUTHAMPTON, NY 11965 CPM I LC ON COSY CPM, .�' 631-283-6360 �.� 50U1H01.12, SUFFOI.K COUNTY, NY 5H��f 2 OF 2 6-3-19 S.C.T.M.# DISTRICT 1000 SECTION 78 BLOCK 4 LOT 17 COREY CREEK LANE EDGE OF PAVEMENT 00. 0 S 81 051 0" E U.P. 0 170.03' O N LOT 14 y`� LOT 15 _OT 27 CONC. WP��' . �$2• � 03 ,.:: ':crn:::�:.•:.:.::..'. •:•:•.•:'.•,.GP ,:;':':;•.w to Zg.3 . AOR`( Cn �::::.• 43.3' O �2 #� 21.0 ' 'c:'::'�::::�..:'•2T�•.' .o,... WALL 9ECK TIMBER *000 O � iV X 83kUj r°^ O Z W n W X � GATE TIDAL WETLAND BOUNDARY AS DELINEATED BY 3?k EN—CONSULTANTS 12-19-18 3,?k 33k O I tV 3�k O � X Z^ V! WOOD o STEPS 4 3k v D 38k � � IJ Ok TIE LINES ?ek 20 ALONG MHW _ MHW_EL_2.4 ........ •e $ $5. 4 ----------- 1 - - N 8350'-13- W. 81.81' s - MLLW 0. \ MLLW 0.0�'', OP OF BANK \ 0) g°x "— •_ 70EANK M�LW--0.0 �1$X FLOATING — DOCK ,33 x v \. COREY CREEK (DREDGED ARM OF COREY CREEK) 0�•' •� ._ •�' OAC loo ,\ k AREA: 29,708.71 SQ.FT. or 0.68 ACRES £LEVA77ON DATUM: MLLW 0.0 _ i• ;'.,z UNAUTHORIZED ALTERATION OR ADD177ON TO THIS SURVEY IS A WOLA770M OF SEC77ON 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF Til THE 777LE COMPANY, GOVERNMENTAL AGENCY AND LENDING INS777U77Cd ` JUN 1 0 2gjg i� LISTED HEREON, AND TO 7H£ ASSIGNEES OF THE LENDING INS777U170N, GUARANTEES ARE NOT TRANSFERABLE. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE — NOT INTENDED 70 MONUMENT 7HE PROPERTY LINES OR TO GUIDE THE EREC77ON OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARAN7E£D UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE TIME OF SURVEY SURVEY OF: LOT 15 CERTIFIED TO: 1280 COREY CREEK LLC; MAP OF: COREY CREEK ESTATES FILED: AUGUST 15, 1967 No.4923 SITUATED AT: SOUTHOLD TOwN OF: SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK f, 01 Professional Land Surveying and Design P.O. Bog 153 Aquebogue, New York 11931 THE WATER SUPPLY, I�VFLLS, DRYWELLS AND CESSPOOL PHONE (831)298-1588 FAX (831) 298-1588 LOCATIONS SHOWN ARE FROM FIELD OBSERVATIONS FILEFILE „18-146 SCALE:1 =20 DATE: DEC. 19, 201 N.Y.S L1SC. NO. 050882 maintaining the records of Robert J. Hennessy & Kenneth Y. Waychuk AND OR DATA OBTAINED FROM OTHERS