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HomeMy WebLinkAbout1000-35.-7-1 OFFICE LOCATION: oF SO(/T�OI MAILING ADDRESS: Town Hall Annex Q P.O Box 1179 54375 State Route 25y Southold, NY 11971 (cor. Main Rd &Youngs Ave.) Southold, NY 11971 Telephone: 631 765-1938 �y'rou�m,��' LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To Glenn Goldsmith, President Town of Southold Board of Trustees From: Mark Terry, AICP LWRP Coordinator Date, October 7, 2020 Re LWRP Coastal Consistency Review for JOSEPH & CAROLYN FERRARA SCTM# 1000-35-7-1 Costello Marine Contracting Corp. on behalf of JOSEPH & CAROLYN FERRARA requests a Wetland Permit to construct a 3'x36' fixed dock. Located: 185 Osprey Nest Road, Greenport. SCTM# 1000-35-7- 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 LWRP policies and therefore, INCONSISTENT with the LWRP 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 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The applicant must demonstrate that the dock standards pursuant to§275-11 Construction and operation standards have been met. The applicant has not demonstrated that the dock standards have been met; specifically, those pertaining to safe navigation of a vessel around the existing docks. A representative vessel has not been shown relative to the dock It is recommended that the Board require proof of ownership of the 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 action. Cc- Damon Hagan, Assistant Town Attorney RECEIVE® Town of Southold f OCT 0 2 2020 LWRP CONSISTENCY ASSESSMENT FORM Southold Town A. INSTRUCTIONS Planning Board 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), 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 explained in detail, listing both supporting and non- suuportinh 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# 35 7 1 PROJECT NAME FERRARA -PROPOSED DOCK The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees Lr.I 1. 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) Pennit,approval,license,certification: Nature and extent of action: Construct a 3'x36'fixed dock. Location of action:185 OSPREYNEST ROAD, GREENPORT,NY 11944 Site acreage: 0.01 ACRES Present land use: RESIDENTIAL 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:JOSEPH& CAROLYN FERRARA (b) Mailing address: 205 WEST 57TH STREET,APT 8D NEW YORK,NY 10019 (c) Telephone number:Area Code( )917 747.8634 (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes 21 No❑ If yes,which state or federal agency?DEC.DOS, 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 LVVRP Section III—Policies; Page 2 for evaluation criteria. ©Yes ❑ No ❑ Not Applicable The property owner and family will be able to increase their ability to engage in water-dependent activities such as boating, water-skiing,fishing while safely securing their boat at this location. The proposal is consistent and reasonable for this area. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LMW Section III=Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No 0 Not Applicable Our proposal will have no influence on the historic and archaeological resources of the Town of Southold 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 structure is designed to be consistent with the approved adjacent dock structures The structure will not degrade visual quality. There is limited vegetation in the area of the proposed dock. There will be no significant disturbance to the natural appearance of the area. There will not be light sources on the dock that would interrupt the visual quality of the area. AMM aaaxuonfu MOMS 11 n;cGssMY 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 F] Yes F] No © Not Applicable The proposed dock structure is not considered a shoreline hardening structure and will not influence erosion or flooding of natural resources 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 Q No ®Not Apnlicable The proposed dock structure will not produce a source of pollution. There will be no potential sources of groundwater contamination or potable water in the Town. The construction of a dock structure will not influence any sediment contamination or introduce point source discharges that would adversely affect water quality. 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. FjYes ❑✓ No ❑Not Applicable During the construction of the proposed dock,the underwater lands will be disturbed during the installation of the support piling. Once the piling are installed, the area will immediately recover. The dock will not produce any long-term negative affects on the coastal environment.All Best Management Practices will be adhered to so that construction debris will not enter the water. Construction will not be staged and materials will not be stored in environmentally sensitive areas. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LVW Section III — Policies Pages 32 through 34 for evaluation criteria. ❑, Yes ❑ No Q Not Applicable Our proposal will not have any influence of the air quality in the Town of Southold Attach additional sheets if necessary Policy S. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LVM Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No © Not Applicable Our proposal will not have any influence on the environmental degradation in the Town of Southold from solid waste or hazardous substances and wastes 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. © YeO No❑ Not Applicable The public's access will not be compromised due this dock structure. The proposed dock will not extend further seaward than the neighboring dock. It will be constructed within the existing dock line. Attach additional sheets tfnecessary r 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 The proposed dock structure will enhance the upland property owners ability to engage in water-dependent activities such as water-skiing, boating, and fishing. The structure will provide a safe berth for the homeowner to keep her boat and provide direct access to these water-dependent activities. 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 The proposed structure will not contribute to loss of vegetative wetlands since there is limited vegetation at this location. The dock was design so that there is significant water depth at all tidal ranges to prevent any unnecessary disturbances to the benthic community. 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 Our proposal will not have any influence on agricultural lands in the Town of Southold 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 Our proposal will not influence the use and development of energy and mineral resources. PREPARED BY_&ne P. Costello TITLE Agent DATE 3/27/2020 Costello Marine Contracting Corp. � o � , Cleves?: Beach , w J r - i �� i` 0 �I �r1 ��` � •` 6�O�oi2 �Yr It C �::•Isr •r t It um. 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Y. Z 1000-35-06-35 �� Z-Z vo ,• 1t`000==35=`.,,;, 7 4,01 0 61 SCALE: 1"-30' �Py OCTOBER 8, 2013 yc n dov �� 0'Q �' ! MAY 2 9 2020 ``_ ` li 00. �O� -- 0 5���� � v 10 N I ,o LOT 4 v' 1000-35 � O, P%. 101 ° of EVER EEHS •9 50 0 •3710"W Row wood e��kti�A , o ; �r' ,� O• „ ��' �'Pq els;+�, • � '� r,�cif,,�.,: ! o , i Q 1000-35-06-35 AREA=14,396 SO. FTo N. Y c. No. 49618 ANY ALTERATION OR AL?DITION TO THIS SURVEY IS A VIOLATION PECONIC SURVEYORS, P.C. LOT NUMBERS REFER TO MAP OF SECTION ONE OF SECTION 72096F THf- NEW YORK STATE EDUCATION LAW. 631) 765-5020 FAX (631) 765-1797 CLEAVES POINT FILED IN THE SUFFOLK COUNTY EXCEPT AS PER SECTIO1v 7209—SUBDIVISION 2. ALL CERTIFICATIONS P.O. BOX 909 CLERK'S OFFICE ON SEPTEMBER 10, 1957 AS FILE HEREON ARE VALID FOf ,THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 1230 TRAVELER STREET ?r��� NO. 2752. ■ =MONUMENT WHOSE SIGNATURE APPEARS HEREON. SOUTHOLD, N. Y. 11971 cJ Hydrographic Map N Surveyed: 8 July 2019 We SCT# 1000-35-7-1 , Town: Southold 1y s Suffolk County, NY �� ° Datum: MLLW "° '` , 20' SGT# 1000-35-6-2q o , ' c)�ScT� blkd. 6 - C,hrg9mites ' ,4e \ o e se \ 4 d w `°I I 0 ' 9 \6 8 .0 \6 .6' t P3 � k r -Cy — E-�_ � 11 f, fr `6 •o I M 9 68 I MAY 2 9 2020 •o ss r 61 1 3t \6 F/004' Fbb ROBERT H. FOX NYS PLS #50197 P. 0. BOX 366 AQUEBOGUE, NY 11931 7/15/2019 6.44.41AM G.\Documents and Settings\bob Fox\Desktop\Osprey La Moor 3.pro At 1 ilk v . y f ,�e 010 , v \ I • '• C• •. • • �• ' • • 111 Client: Joseph&Carolyn Ferrara Location: 185 Osprey Nest Road, Greenport, NY 11944 Date: February 20, 2020 Photo Photo 0, .T- U , I� r _ t�yTj/ t y Costello Marine Contracting Corp. Prepared by: 423 5th Street, PO Box 2124, Greenport, NY 11944 (631)477-1199 Phone (631)477-0005 Fax 2 Client: Joseph&Carolyn Ferrara Location: 185 Osprey Nest Road, Greenport, NY 11944 Date: February 20, 2020 Photo Photo 5 6 i+ F Costello Marine Contracting Corp. 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