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HomeMy WebLinkAbout1000-87.-3-40 OFFICE LOCATION: *oE SU(/ryOlO MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) N Southold, NY 11971 �pQ Telephone: 631 765-1938 ol�c4U ,� 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: September 18, 2019 Re: LWRP Coastal Consistency Review for ANDREW& KATELYN TITUS SCTM# 1000-87-3-40 En-Consultants on behalf of ANDREW & KATELYN TITUS requests a Wetland Permit to construct a fixed timber dock with water and electricity, consisting of a 4'x57' fixed elevated catwalk constructed with open-grate decking; a 3'x14' hinged ramp; and a 6'x20' floating dock secured by two (2) 8" diameter pilings and situated in a "T" configuration. Located: 3140 Minnehaha Boulevard, Southold. SCTM# 1000-87-3-40 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 LWRP policies and therefore INCONSISTENT with the LWRP. In 1999 the NYSDEC denied a dock structure (Re: 1-4738-0222510001) on this parcel due to insufficient water depths of the water body and the concern of ecological damage to the bottomlands by "prop dredging". Alternatives were proposed, however, none of them are . reflected within this proposal. The water depth shown on the submitted plans at the terminus of the dock are 29" to 30". A representative vessel has not been provided. j I I I I 1 1 6.3 Protect and restore tidal and freshwater wetlands. 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 11 Jurisdiction I 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: 4 [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats, Corey Creek is a NYSDOS Significant Fish and Wildlife Habitat Area. The continued placement of private residential docks within this wetland system could adversely affect the ecology of the water body. , The installation and use of the proposed structures may promote power boat traffic and the possible following negative impacts may occur: I 1. Degradation of water quality 2. Re-suspension of bottom sediments and turbidity [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, The application does not discuss cumulative impacts to the waterbody. 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. The structure proposed to project into the water-way will impede and/or hinder use by the public seaward of the mean high water mark. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. i Cc: Damon Hagan, Assistant Town Attorney I 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 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- 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 RECEIVE® SCTM# 87 - 3 _ 40 SEP 0 4 2019 PROJECT NAME Andrew&Katelyn Titus lout old Town PlaRFiing-Board- 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) 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 57'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 July 29,2019. Location of action: 3140 Minnehaha Boulevard,Southold Site acreage: 8,492 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: Andrew&Katelyn Titus (b) Mailing address: 535 Marlborough Road Brooklyn,NY 11226 (c) Telephone number: Area Code 917-225-7501 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes M 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 M 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 located along a historically developed shoreline amongst and in line with several surrounding Trustee-permitted dock structures and thus 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 The proposed dock is to be located along a historically developed shoreline amongst and within the pier line of several Southold Trustee-permitted dock structures,including the adjacent docks to the north(WP#3200)and south(WP#3050)and two properties to the south(WP#5960).In order to protect the vegetated intertidal marsh beneath it,the catwalk will be elevated at least 4 feet above the grade of marsh and will be constructed with untreated,open-grate decking to allow for light penetration through the dock. The proposed dock thus 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 Corey Creek;and the project would 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 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 No1-1 Not Applicable The proposed dock is to be located amongst and within the pier line of several Southold Town Trustee-permitted dock structures, including the adjacent docks to the north(WP#3200)and south(WP#3050)and two properties to the south(WP#5960). The dock would be located more than 15 feet laterally from both neighboring property lines and would extend approximately 51 feet seaward of MLLW,only 11 percent of the approximate 460'width of the waterway and thus well less than the allowable one-third width of the water body. And due to mean high water reaching the bulkhead and the presence of vegetated tidal marsh between the bulkhead and the surface waters of Corey Creek,the existing environmental conditions do not accommodate public pedestrian pass and repass along the subject shoreline. Therefore,consistent with Policy 9,the proposed dock would create no changes to or have any adverse impacts on existmg 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. ❑ 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. F-1 Yes ❑ No ® Not Applicable PREPARED BY TITLE Coastal Management Specialist DATEJuly 30,2019 Robert E.W mnann Amended on 811105 S.C.T.M. NO. DISTRICT: 1000 SECTION: 87 BLOCK: 3 LOT(S):40 i Sg oo, MON 01 1 7Do27 . :::::w 29k x� U.P.PIP 0�GU� �..:. ..... :.. 25k O. I� •1•��•:.:.:.:•. .:_ :.::..: 1 1/2 STORY:........ X . ::.:..' :: \ oo' ry0; .. FRAME . .. . :::::::� < J�'O !0 ` ' p `\ aw 013 7W a3 %p MHW (EL 2.3)ALONO CONC. BULKHEAD fLL�+ r 9 - 5 2019 - - - � _ - _ AUG `�� ago BOE g3.00, � �e Souihold ToNIn WOoo \ 00 of rustees 'i THE WATER SUPPLY. WELLS, DRYWELLS AND CESSPOOL \ LOCATIONS SHOWN ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS AREA:8,492.24 SQ.FF. or 0.19 ACRES ELEVA77ON DATUM: MLLW 0.0 \ UNAUTHORIZED ALTERATION OR ADD177ON 70 THIS SURVEY IS A WOLA77ON OF SEC77ON 7209 OF THE NEW YORK STATE EDUCA770M LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED 70 BE A VALID 7RUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY 70 THE PERSON FOR WHOM THE SURVEY 1S PREPARED AND DN HIS BEHALF TO THE 7771E COMPANY, GOVERNMENTAL AGENCY AND LENDING INS177U77ON LISTED HEREON, AND 70 THE ASSIGNEES OF THE LENDING INS777U7701V, GUARANTEES ARE NOT TRANSFERABLE. F THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES 70 THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE \ NOT 1N7ENDED 70 MONUMENT THE PROPERTY LINES OR 70 GUIDE THE EREC77ON OF FENCE., ADD177ONAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS AND/OR SUBSURFACE S7RUC•H/RES RECORDED OR UNRECORDED ARE NOT GUARAN7EED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE 77ME OF SURVEY SURVEY OF DESCRIBED PROPERTY f CERTIFIED TO: ANDREW TITUS; KATELYN TITUS; MAP OF- FILED. FFILED: SITUATED AT:LAUGHING WATER Tom OF.- SOUTHOLD � SUFFOLK COUNTY, NEW YORK ]KENNETH M WOYCHU]K LAND SURVEYING, PLLC �__•_tf Professional Land Surveying and Design REVISED 04-08-2019 RECORD WATER DEPTHS DURING MLLW P.O. Box 153 Aquebogue, New York 11931 ADDITONAL SOUNDINGS 04-08-19 FILE 18-156 SCALE 1 =3O' DATE: FEB. 10, 2019 N.YS, LISC. NO. 050562 PHONE (831)298-1688 FAX(631)298-1588 - I(' 1� � l � �/� �� C 0 pf9 'Jr_..,. cQ � ,p,,,�*y7q•7., J L� ¢ l 9y �?Vu I�= L� }: �1i Q e��r i C.�� � A NECK 5 v O 1 N y N CONSULTANTS AUG 5 2019 W V 1319 NORTH SEA R®, k o s s�p,Ty a SOUTHAMPTON, NY 11965 � � e � Seuiheld To rrn �y wy x� 1�m AY E3 s fOsy � 631 m233=6360vs k Boa et rnstees a y v \ 6' x 20' FLOAT SECURED Foo k 4' 9<< k k ' ( ) — IAMETER PILES -s'\W, RD TH o a OPEN—GRATE DECKINGmeson L k \ Parlkm � pw I aysT ) Cnrn� CJS 3 xEAG],E k k r \ 3' x 14' RAMP T9 — J Crerk '� D 511 (ACC�55 via COt;�Y NIF s9 p0 `� --_� C�EPK&5UtUCt PkOFtW)` o k x -30"x-ss" HOG NECK 9U ti� \ ±51' 2 wfocf� � •N `�� ' k k �; z ° �,� �oa�vE 9 �\ $. \rte �0 O Suffolk Canty Hacptrom Map 44 1 1/2 STORY << ' k x 0" �O��r BAY 1" 2000' DWELLING k \ \\ x—' ±73' PROP. FIXED f p k k TIMBER DOCK 4' x 2' STEPS 93 p0, vp✓ �Gd' Notes; 121 Wppp I, f urpose: Private, noncommercial, St►Ep NIF A. TU 4 ��E boat dockage 2, Patum: MI.M- 0' -0'' \ 3, Water depths(referenced to MLM transcribed from hydrographic survey prepared 6y Kenneth M,Woychuk hand 5urveyinq,PI LC, last dated April 8, 2019 1" = 30' \ Dock to 6e constrcuted with open-orate deckinq and equipped with water and electricity \ 5. Plan and crossview diagrams are schematic in nature and are intended only to e5ta6li5h project \ location, scope, aid basic construction details for permittinq purposes and are not intended to serve MOP05�P 12OCK FOP ANIXM & as or substitute for engineering or construction �-��� -�'111a5 ON COY C��K, plans for construction purposes 6, Project location, -51 }0 Minnehaha f31vd,, 50UTHOLP, 5UFFOl K COUNTY, NY 5oAWol, 5CtM No, 1000-87-5-40 5H��f I OF 2 1-29-19 \ IQ E C E IV 1 ` AUG 5 2019 Southold Town Board of Trustees 5�CIWN THPIU pp0p05�1? F10211 pl POCK C 1215fMa SMMT OF SFAWFV I ) +�5' pAMP T— FIXEi257 fIM P,CATWALK FLOAT 5TFP5 --{ 2' OFFWRZAT> PECKING 6" CAPS ANP 5VINGF S r—6'--I X 1L1 MW- 2' -6" EX,GI?AVEI,/NON-ful;F MI Lw- 0' -0" 6UFFEt? IMGSE -2' S" 2'-6 EX.CONCP\M SFAWAU &511.1. � 5 5 C PISfANCE 5MWAR12 +51' OF MUM 6" -6" x VAP-LENGTH SUPPOU P05f5 C+6' O,C.,n?) (2) 8" x+30' FILES E N o CONSULTANTS MOP05�P 12OCK FOP ANIXM & 1319 NORTH SEA RD. 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