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Home My WebLink About1000-86.-2-7 OFFICE LOCATION: �0�*0f SU(/lyOlO MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) cn Southold, NY 11971 • �O� Telephone: 631 765-1938 olycou 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 MARY ANN HOWKINS SCTM# 1000-86-2-7 En-Consultants on behalf of MARY ANN HOWKINS requests a Wetland Permit to remove existing dock structure (consisting of a 4'x41' fixed catwalk, 3'x11' ramp, two (2) 4'x20' floats, and a 6'x20' float), and construct a new fixed timber dock with water and electricity, consisting of a 4'x111' 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 an "L" configuration. Located: 3245 Wells Road, Peconic. SCTM# 1000-86-2-7 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. RICHMOND CREEK IS A NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION CRITICAL ENVIRONMENTAL AREA A NEW YORK STATE SIGNIFICANT FISH AND WILDLIFE HABITAT~AND A PECONIC ESTUARY PROGRAM CRITICAL HABITAT. 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 Jurisdiction Town records indicate that the existing dock structure had not received a Wetlands permit. 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: [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; Richmond 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: 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. The dock appears to extend further into the waterbody than the existing dock to the north. 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 applicant currently enjoys access to public waters via an existing, unpermitted dock. The seaward projection of the structure 21' seaward will impede and/or hinder use of public waters and bottomlands by the public. 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 LWRP CONSISTENCE' 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 RECEIVE® SCTM# 86 - 2 - 7 SEP 0 4 2019 PROJECT NAME Mary Ann Howkins Southold Town Planning'Board The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees VN 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: Remove existing dock structure(consisting of a 4'x 41'fixed catwalk,3'x 11'ramp,two(2)4'x 20'floats,and a 6'x 20'float),and construct a new fixed timber dock(with water and electricity),consisting of a 4'x 111'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 31,2019. ( r Location of action: 3245 Wells Road,Peconic Site acreage: 18,042 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: Mary Ann Howkins (b) Mailing address: 20 West 94th Street,Apt. 5B New York,NY 10025 (c) Telephone number: Area Code 917-885-0655 (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 F] 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 ( r 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 to be constructed in place of the existing dock to be removed would continue to be located along a historically developed shoreline characterized by numerous dock structures,including the adjacent Trustee-permitted dock structures to the north and south,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 r The proposed dock would continue to be located amongst numerous other docks along the historically developed shoreline,including the adjacent Southold Town Trustee-permitted dock structures to the north(WP#2039)and south(WP#1605). 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 Richmond 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 ❑ No❑ Not Applicable The proposed project consists of the construction of a new dock in place of and in the same location as an existing dock,which does not appear to have a permit record but has existed on the property for at least 25 years since 1994,as evidenced by online aerial photography The proposed dock would continue to be located amongst numerous other docks along the historically developed shoreline,including the adjacent Southold Town Trustee-permitted dock structures to the north(WP#2039)and south(WP#1605) The new dock would extend approximat y 21 feet farther seaward than the existing dock in order to reach more sufficient water depths but would extend no farther seaward than the adjacent dock to the north and approximately 73 feet seawaof�� MLLW,only 15 percent of the approximate 460'width of the waterway and thus well less than the allowable one-third width of the water body The dock would also be located more than 15 feet laterally from both neighboring property lines And due to mean high water reaching the bulkhead and the presence of vegetated tidal marsh between the bulkhead and the surface waters of Richmond 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 existing navigational conditions or otherwise affect the public and recreational use of Richmond Creek Attach additional sheets if necessary WORKING COAST POLICIES Pdlicy 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 IN 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 DATEJuly 31,2019 Robert E. e Amended on 811105 - - Notes, � � � CONSULTANTS I, f uose; Private, noncommercial,rp 11� �, boat dockage 1319 NORTH SEA RD. 2. t7at im; MLLW- 0' -Oil The Lenz „ 3, Water depths(referenced to MI.M SOUTHAMPTONNY 11965 Winery 1 « a transcribed from hgdrograph!c survey 631�253�636� ( 511 CACC�55 via�ICHMONI7 `ry` prepared by Kenneth M,Woychuk Land L C CK&SULUCt ROPM) `t 5urveginq,PL. C, last dated Julq 12, 2019 _ �r 4, flock to be constrcuted with open-grate decking 1 i�z1 25 \ �rQyo= and equipped with water and electricitq r I flan and crossview diagrams are are schematic in U ty U SQA@1G �- nature and are intended onlq to establish project AUG 5 209 Raphael �.1 �, location, scope,and basic construction details for Vineyards t �` perm!ttinq purposes and are not intended to serve i Ric nnond Cre0k 5 — SCG;i!c d To IN-.1 as or substitute for englneerinq or construction Board of Trustees LA e —fD plans for construction purposes 6. Project location, 3249 Wells pad, Suffolk Cou*Hagstrom Map 44 Peconic, 5CTM No, 1000-8¢-2-7 � ADu• DOCK 1" - 2000' /. N/F R. & A. HORTON 15' 15' 171.02' PIPS / o 0.5s ' 9+ = 30' F I 4' x 111' FIXED CATWALK WITH OPEN-GRATE DECKING PROP. FIXED EX. DOCK TO TIMBER DOCK ASPHALT DRIVEWAY 4 I /E ' BE REMOVED +21, EII A 1 STY FIRM. 39'=y ±73' o DWELLING a+ E + 21 PATIOX X Y I X-12" x-18" -24" o -28"-301. w ,Ory °i+ h+ �+ a+'hi• �+ F 5 a 3' x 14' RAMP M4 O Y a 3 FII 6' x 20' FLOAT SECURED b n o \ BY (2) 8"-DIAMETER PILES :O �y 0 \ \\ 1 E� db 187.59' NIF KOWALCHUK FAMILY IRREV. TRUST PIPE E \\ \ PQM 0OGK x p�Op05�n POCK ��I.AC�M�N1" �0� �= MApY ANN HOWKIN5 ON PICHMONn \ E F CPZ�K, P�CONIC, 5UFFOLK CO., NY 5H��f I OF 2 x-31-19 5ECTION TWpU PPWF05�P DOCK MPLFCEWW lz V fl r o tr+3g—{ PIXED III' fIM6ER CAfWttK S —+31� RTI ZI' I PLOM OPEN-Gt?A1E DECKINGRTi VAMP [-6'--16"CAP5 8 5fl?INGEI;5 4. wI MHN= 2'-8" MILW=0'-0' IM EX GRfV� 2 _2'-4" -2'-b" 10' 10' mommosol::� (2) 8"x+30'PILE5 1" = 20' C D15MCE 5EAWAPD 23, OF MLLW) 6"-B"x VAP.LENGiN%PPOKf P05f5(+6'0 C,f .) b E AUG 5 2019 Southold Town B n of Tr- 4-E N e OONSU WANTS 1319 NORTH SEA RD. ppOPO5�P POCK MACMW FOP SOUTHAMPTON, NY 11965 MAFY ANN HOWKIN5 ON JCHMONP 631-283-6360 CPM, P�CONIC, 5UFFOI K CO., NY SH��f 2 OF 2 x-31-19 S.C.T.M. NO. DISTRICT: 1000 SECTION: 86 BLOCK: 2 LOT(S): 7 f r 0 EC� EB E AUG 5 201 CA7WALK I MP FLOAT/NG pOC Southold Town � K MAIN ROAD oar o Trustees -H LAND N/F / Ln OF a / / N HORTON TIE LINES ALONG / N 86°09'10" E 171.02' MHW MARK 6.VW __ / I w PIPE / ° V 0.5'S C4 , 48.1' •24.2':.;...: w CONC. $9 Cn cfl� �� Z 480,_+ m CD I� W WIDTH ASPHALT DRIVEWAY .GARAGE:: 21.5': :.::. �� _ � j C cn �i "'� to �4 v o C.E. j3 O �rn ZO+ +�'S� I No I� nN p :.:. •. .: .15.5': : : ,�'� a U.P. 00 1 STY FIRM, '� � k+ m o o DWELLING:: -%*- ' Uj BRICK WOOD 4' WOOD CAtWA K RAMP 4'x20' FLOAT 4'x20' FLOAT I ,,+ r� 000 #3245 : ' PAT►o PLATFORM 1 i r+ �'\ PILING + _ - '. PILING i a01 , w o '1 h k h 1 w CONC. i° 0 6+ + 1 STOOP : -. • ' o k. l v' I s� s \ 28.2'... .. yl,.�. < �\ PSQNPL� 0 CELLAR ENT. TIDAL o D BOUNDI \ \\o S RAIL FENCE DELINEATED BY --�� O \Zij 5.4'W EN-CONSULTANTS I O cl \ AQ I CEDAR TREES ALONG LINE PI �O \\ THE WATER SUPPLY, WELLS; DRYWELLS AN CESSPOOL N 88012'50' E I N LOCA77ONS SHOWN ARE FROM FIELD OBSERVATIONSPIPE I \\ AREA:AND R DATA -S.F.OBTAINED FROM OTHERS ELEVATION DATUM LAND N/F 0.5'N 187.59' PIPE 5 N m \\ FLO��C G OF 0 UNAUINOR12E0 ALTERATION OR ADDITION TO THIS SURVEY IS A NOLA7/ON OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY <OWALCHUK FAMILY 2008 IRREVOCABLE TRUST �MQ MAP NOT BEARING THE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED 70 BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN t ONLY 70 THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE 777LE COMPANY, GOVERNMENTAL AGENCY AND LENDING INS717U710N LISTED HEREON, AND 70 THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES 70 THE STRUCTURES ARE FOR A SPECIRC PURPOSE AND USE THEREFORE THEY ARE GP NOT INTENDED 70 MONUMENT THE PROPERTY LINES OR 70 GUIDE THE ERECTION OF FENCE$ ADD1770NAL STRUCTURES OR AND 07HER IMPROVEMEN7S EASEMENTS 1 *00 AND/OR SUBSURFACE S7RUBIURES RECORDED OR UNRECORDED.ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMWS AT THE 77ME OF SURVEY SURVEY OF: DESCRIBED PROPERTY CERTIFIED TO: MARY ANN HOWKINS, MAP OF, FIDELITY NATIONAL TITLE INSURANCE COMPANY, FILED: SITUATED AT'PECONIC UPDATE 07-12-19, Town OF. SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC UPDATE/ADD SOUNDINGS 04/08/19 SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design P.O. Boa 153 Aquebogue, New York 11931 FLOOD MAP#36163CO166H FILE 18-115 scALE: 1"=20' DATE: SEPT. 20, 2018 PHONE (631)298-1688 FAX(631) 298-1686 FLOOD ZONE X N.Y.S. LISC. NO. 050882 malnbdolos the mea ds of Hobart L Hama @ Emnem Y.Wc"hat