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HomeMy WebLinkAbout1000-117.-5-31 OFFICE LOCATION: ��0� $0(/ry0 MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 G Q Telephone: 631 765-1938 cOUlm,e��a 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: December 9, 2020 Re: LWRP Coastal Consistency Review of ANDREW TORGOVE & JONI FRIEDMAN SCTM## 1000-117-5-31 En-Consultants on behalf of ANDREW TORGOVE & JONI FRIEDMAN requests a Wetland Permit to revegetate approximately 11,850 sq.ft. of existing 12,650 sq.ft. clearing through passive and/or active revegetation with landscape plantings (outside cleared path to dock and limit of previously established non-disturbance buffer); maintain existing 3' wide cleared path to dock, a portion of which is to be relocated from inside to outside of non-disturbance buffer through natural revegetation of 45 sq.ft. of clearing within buffer and clearing of additional 45 sq.ft. outside buffer; repair and/or replace in-kind and in-place existing split rail and picket fencing along property lines; and install a 5'x5' removable timber kayak storage rack adjacent to existing dock. Located: 7165,. New Suffolk Road, New Suffolk. SCTM# 1000-117-5-31 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 action is INCONSISTENT with the Policy Standards and therefore is INCONSISTENT with the LWRP based upon: 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 B. Comply with statutory and regulatory requirements of the State's wetland laws. 3. Comply with the regulatory requirements of the Tidal Wetlands Act for the protection of mapped tidal wetlands including coastal fresh marsh,- intertidal arsh,intertidal marsh; coastal shoals, bars and flats; high marsh or salt meadow; littoral zones; and formerly connected tidal wetlands. The applicant cleared a non-disturbance buffer established by NYSDEC Tidal Wetland Permit 1-4738-04308/00001 and does not meet this policy. Information in the application is deficient. A planting plan with species of vegetation to be planted, fertilization or non-fertilization and irrigation requirements and survivability terms has not been submitted. Soil conditions within the buffer have not been provided. What type of plant species would be best suited? A plan showing the proposed kayak rack has not been submitted and therefore the action cannot be reviewed. 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 SoutholdC E'ki �t„ LWRP CONSISTENCY ASSESSMENT FORM DEC7 2020 A. INSTRUCTIONS I� 1 , All applicants for permits* including Town of Southold agencies, shall ompl�' ilr., i's�CrCr "' for i anr::r, oar f proposed actions that are subject to the Town of Southold Waterfront Consi teney- eview�-�L-,aw. 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 Sout�.It's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Depart r all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 117 - 5 - 31 PROJECT NAME Andrew Torgrode&Joni Friedman The Application has been submitteL to (check appropriate re nse): Town Board ❑ PlanningBoa d❑ Building t. ❑ Board of Trustees rMN g P Category of Town of Southol agency actio check appropriate response): (a) Action undertaken direc y Town agency (e.g. capital VN construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) El (c) Permit, approval, license, certification: ❑ Nature and extent of action: Revegetate approximately 11,850 sf of existing 12,650 sf clearing through passive and/or active revegetation with landscape plantings (outside cleared path to dock and limit of previously established non-disturbance buffer);maintain existing 3'wide cleared path to dock, a portion of which is to be relocated from inside to outside of non-disturbance buffer through natural revegetation of 45 sf of clearing within buffer and clearing of additional 45 sf outside buffer;repair and/or replace(in-kind and in-place)existing split rail and picket fencing along property lines;and install a Tx 5'removable timber kayak storage rack adjacent to existing dock,all as depicted on the site plan prepared by Kenneth M. Woychuk Land Surveying,PLLC,last dated September 4,2020. -r Location of action: 7165 New Suffolk Road,New Suffolk Site acreage: 29,072 sf Present land use: Vacant-residential with fencing and dock 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 Torgove&Joni Friedman (b) Mailing address: 7300 New Suffolk Road,P.O.Box 231 New Suffolk,NY 11956 (c) Telephone number: Area Code 718-986-7096 (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 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 ® 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 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 E] No ® Not Applicable 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 project seeks to maintain a cleared path for access to a dock constructed pursuant to Wetlands Permit 8677,and to revegetate(passively and/or actively with landscape plantings)site clearing that was previously authorized pursuant to Wetlands Permit No 8677(issued in 2015 and transferred to the applicants in 2017)but undertaken after the permit expired The existing non-disturbance buffer adjacent to the wetlands boundary that was established pursuant to New York State Tidal Wetlands Permit No 1-4738-04308/00001(which remains valid through April 2021)will be maintained,allowing for the natural revegetation of a 45 sf area inadvertently cleared for the dock path,which will be relocated outside the buffer Consistent with Policy 6,the project will thus protect and restore the quality and function of the adjacent tidal wetlands and waters of Schoolhouse Creek by vegetatively restoring the currently proposed clearing outside the dock pathway and restoring and maintaining the existing non-disturbance buffer adjacent to the wetlands boundary 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 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. ❑ Yes ❑ No ® Not Applicable PREPARED BY ECoastal Management Specialist DATEOct.29,2020 Robert E. He &A Amended on 811105 S.C.T.M. NO. DISTRICT: 1000 SECTION: 117 BLOCK: 5 LOT(S):31 E IIJ" {" I J' C FE-- NOV NV - 2 2020 I SCHOOL HO SE N uurt1,iF: , LAWRENCE M. TUTHILL _-- ^ (UNDERWATERI A e� Saar _ + Ak j L PROPOSED 5'x5' Q j REMOVABLE TIMBER Q KAYAK RACK � INN d TIDAL WETLANDS BOUNDARY AS DELINIATED BY EN-CONSULTANTS 1 Sd CAP OCT. 11, sots ` `• J TXOXAS E C N/0/F W �� & B FVL'RLY XRISTIAXS'0N ~ 'T CXRISTI,gNSON C W LL �'z ALL �- ilk c A� 0 MO $ 63047,20�� w NYS DEC LINE - NON PLANTED & Z U Q CONIC. MON. Fy' NON DISTURBANCE BUFFER ® p m Z.0 OLE #1 CKADE FEN E a 202.6 ' � .4.4x � E CONNC. MON O.L CE AL 6 Uj U 1� CLEAFjiN FENCE RAIL 1.8W 021 TIDAL WETLANDS 5 , 896f sq. ft x 1 AL ; o ,4. a X ,5// 1 i x ar iLDo APPROX. 11SA ARM TO aE RVM FATED PA'ASSSMARY AND OR WR / v l ACINE LANDSCAPE NGS. I v 1 EDGE OF TIDAL WETLAND I a I AS FLAGGED BY / CE NYSDEC JUNE 19, 2015 -a.L APPRO)L 45 SF.PORTION OF PATH TO OOCI(LOCAIED WHHIN UYRS OF/ G, Q � NONOWED-DLSTR EIM BUFM IU BE\AUTO NATURALLY REVWATE./ UAOTS OF APPRWL 12850 S.F. AREA OF OWNGNG 45 S.F.AREA To BE 4.2020 CLEARED Q SEPT. RED TO ALLOW FOR REIMTED Q ; :::� PORTION OF PAIN TO DOCK a 'Z W O 3' WIDE CLEARED PATH TO DOCK TO BE MAINTAINED. �I 171? OWNG WOOD RAIL AND PX*7 Q c FENCING TO BE REPAIRED AND/OR FENCEREPLACED(UI-PLACE)AS NEEDED Q x O.a'W SPLIT RAIL FENCE • PICKET FENCE FENCE 5'E GO CONIC, MON. SPLIT MON. Aa c N 83.47' 0„ cE 1.3N.o N'cw� N 83°47'20" W tic. MON. NCE CONC. MON. �Li 87-759 0.1'E 140.00 I I W MICXELE�USUMANO x 3 Ioo SA OMAAW • 1 m " I � FPUPD Z _ ORCHARD STREET UPDATE 09-04-20 REVISED 10-31-18 UPLAND AREA = 28,176 SQ.FT. THE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL WETLAND AREA = 896 SQ.FT. LOCATIONS SHOWN ARE FROM FIELD OBSERVATIONS TOTAL AREA = 29,072 SQ.FT. AND OR DATA OBTAINED FROM OTHERS AREA: 0.67 ACRES (LIBER 12504 PG.817) ELEVATION DATUM. NAVD88--M--------��— UNAU7HORIZED ALTERA77ON OR ADDITION TO THIS SURVEY IS A VIOLATION OF SEC77ON 7209 OF 7HE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S 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 TO THE 77TLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF 7HE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. 7HE OFFSETS OR DIMENSIONS SHOWN HEREON FROM 7HE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE 7HEREFORE THEY ARE NOT INTENDED TO MONUMENT 7HE PROPERTY LINES OR TO GUIDE THE ERIMMIORNP&WEM WQtj7 LZMU4L?U8ES 87R AND OTHER IMPROVEMENTS EASEMENTS AND/OR SUBSURFACE STRUC•T'URES RECORDED OR UNRECORDED ARE N07l-GU91'ATpclM�%WEEWe! fiFC ,y3gN $pQN THE PREMISES AT THE 77ME OF SURVEY SURVEY OF: DESCRIBED PROPERTY CERTIFIED TO: ANDREW TORGOVE; MAP OF: NEW SUFFOLK JONI FRIEDMAN; FILED: FIRST AMERICAN TITLE INSURANCE COMPANY, SITUATED AT: SOUTHOLD rowN OF: KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORKProfessional Land Surveying and Design �#0 + 10%// P.O. Box 153 Aquebogue, New York 11931 FILE # 14-213 SCALE: 1"=30' DATE: DEC. 20, 2014 PHONE (831)298-1588 FAX (631) 298-1588 N.Y.S. LISC. NO. 050882 maintaining the records of Robert J. Hennessy Al Kenneth M. Woychuk IS • ^'l - `®. 1 2 a`3 e 4= .m 5a .MATCH ONE FOR PLL NO 11 SEESEC.N 7 O, 71. ' n r 1108030 w al run+ laqq lu RD. m 20.7 w y y 20Z _ m0 42 I I a 1 a4 17w a.O = nt ' d 130. I.SA 1 F r B$ 72 r w+ c 2 12 , A' FOR PCL NO. -g1- �•0 tt18.1 A(c) itA(c) O I`I.I SEE SEG NO GP 7� 6 11603 1 145 4 F z3 t 6 w T 15 iB 173 1 77.m a 8.44 b t d•- GEORGE a ee o a •`t 1 I r Ou J RD m O 18r 17. 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