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HomeMy WebLinkAbout1000-125.-8-28.6 OFFICE LOCATION: oOF SOUT�oI 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 • Telephone: 631 765-1938 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: November 17, 2020 Re: LWRP Coastal Consistency Review of JJS EDGEWATER, c/o SCOTT M. EDGETT, MEMBER SCTM# 1000-125-8-28.6 En-Consultants on behalf of JJS EDGEWATER, c/o SCOTT M. EDGETT, MEMBER requests a Wetland Permit to construct a fixed timber dock with water and electricity consisting of a 4'x12' landward fixed ramp leading to a 4'x68' fixed elevated catwalk constructed with open-grate decking; a 3'x14' hinged ramp; and a 6'x20' floating dock situated in an "I" configuration and secured by two 10" diameter pilings. Located: 610 Park Avenue Extension, Mattituck. SCTM# 1000-125-8-28.6 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 us, it is our recommendation that the proposed,action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. The proposed dock is in a Critical Environmental Area nominated by the Town of Southold as worthy of protection, (see Critical Environmental Areas § 275-2 Definitions below). Any proposed action in a Critical Environmental Area may be subject to more stringent requirements such as denial of certain operations, and shortening or reducing the size of the structure,pursuant to § 275-11 Construction and operation standards. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. 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. §275-2 Definitions; word usage. CRITICAL ENVIRONMENTAL AREAS--All sites previously nominated by the Town of Southold and designated by the New York Sate Department of state as Critical Environmental Areas worthy of protection including: Cutchogue Harbor Wetlands, Hallock's Bay, Dam Pond, Downs Creek, Orient Creek, West Creek, Richmond Creek and Beach, Brush's Creek, Cedar Beach Creek, Corey Creek, Deep Hole Creek, Goldsmiths Inlet, Halls Creek, Goose Creek, Little Creek, Mill Creek and Pipes Cove Creek. § 275-11 Construction and operation standards. (7) Critical environmental areas. At the discretion of the Board of Trustees, any operations proposed in critical environmental areas (§ 275-2) may be subject to more stringent requirements than detailed in this section. Such requirements may include, but are not limited to, denial of certain operations, shortening or reducing the size of structures, and increasing the width of non-disturbance buffers. The applicant must demonstrate that the following dock standards pursuant to § 275-11 Construction and operation standards have been met. §275-11 Construction and operation standards. (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: [1] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; The water depth at the end of the dock is 72" or 6' MLW indicating that the dock extends into the navigable channel area. [5] Whether the dock will cause degradation of surface water quality and natural resources; [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 [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. 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 RECEIVED Town of Southold LWRP CONSISTENCE' ASSESSMENT FORM NOV 12 2020 A. INSTRUCTIONS soutnoio-town I , All applicants for permits* including Town of Southold agencies, shall c Pla nin r 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 nificant 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, listinll 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 (southol dtown.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# 123 - 8 - 28.6 PROJECT NAME JJS Edgewater 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) (b) Financial assistance (e.g. grant, loan, subsidy) F-1 (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 68'fixed elevated catwalk(constructed with open-grate decking);a 3'x 14'hinged ramp;and a 6'x 20'float secured by two 10"-diameter pilings,all as depicted on the project plan prepared by En-Consultants,dated August 21,2020. Location of action: 610 Park Avenue Extension,Mattituck Site acreage: 22,263 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:JJS Edgewater LLC (b) Mailing address: c/o Scott M.Edgett,Member P.O.Box 1407,Southold,NY 11971 (c) Telephone number: Area Code 631-298-7900 (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 ❑ 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 The proposed dock would be located along a historically developed shoreline characterized by numerous similar 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 located between numerous and similar Trustees-permitted dock structures. Consistent with Best Management Practices,the dock would be situated over the portion of shoreline not inhabited by intendal marsh;and to protect the high marsh vegetation beneath it,the catwalk would be elevated 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 Deep Hole 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). The project is therefore consistent with Policy 6. 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 dock is located along a developed shoreline area of Deep Hole Creek characterized historically by numerous and similar Trustees-permitted dock structures, including the nearly identical, immediately adjacent dock to the northeast,which was authorized in 2012 by Wetlands Permit No.7717; and the neighboring dock located two properties to the southwest,which was authorized in 1992 by Wetlands Permit No. 123-8-28.3. The seaward extension of the dock would be consistent with the"pier line" established by these two docks;the dock would extend less than one-third of the width of the waterway and would be set back more than 15 feet from the nearest property line using methodology set forth by 9 CRR-NY 274.5;and public pass and repass just landward of the dock is provided by the adjacent unpaved roadway. 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 public access or recreational use of Deep Hole 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. ❑ Yes ❑ No ® Not Applicable PREPARED BY TITLE Coastal Management Specialist DATEAugust z7,2020 Robert ann Amended on 811105 / a 1-4�� j`t Marratooka Pt av _ =� I Oav SITE C ACCB55 via qE�p N01 &5WICT P�OPEf TY) GREAT PECONIC BAY Suffolk Canty Hag5trom Map 45 1" a 2000' 10" PILE (TYP.) mss' �o K o,� CgE� --72'x yoP / EEP x�L �8'x -�•x o 30 -14'x 6' x 20' FLOAT -18•x / 3' x 14' RAMP +26 4' x 68' FIXED CATWALK / x1.0 yo 2.6- x3 0 x3.g-, +� Is 4' x 12' RAMP 4.LA ,l +75' DRIVEWAY +� C 'C� G Notes; I, Purpose:Private,noncommercial, o� boat dockage o� 20' 20' 2, 12atum; MI W- ®' -0'' __ 3, Water depths(referenced to MI W) CIO 40, tran5cribed from hgdrographic Survey prepared by Kenneth M,Woychuk 5urveginq,MI C, dated June 10,2020 4. flock to be constructed with open grate decking and equipped with water and electricitg 5, Plan and cro55view diagrams are Schematic in _ �1�, nature and are Intended onlg to e5ta6115h project ��0 location, Scope,and basic c05tructlon details for �� Y permitting purpo5e5 and are not intended to serve a5 or%65titute for engmeerinq or construction plans for construction purposes 6, project location;'610;Park,-Aver—c--5 en5i fVlattituck,SCTM No;'1000_123.8-28, ®���U��� ;��� E, i���I!3 ppOp05�P POCK FOP JJ5 �PCZWATU � . - i SEP 2 2020 1 NORTH SQA ��o I.I.0 ON P��p N01.� Cf:��K, MA1'1'11"UCK, 130 THAMPTON, NY 1 ]963 TO, 0OUTHOLP, 5UFFOLK CO., NY 31-233-6360 5H��f I OF 2 8-21-20 �_ _ Boird of bur'er,- �r i 5�CTION TWU MOF05�P IM F POCK FFIOFO5�p POCK DAMP F102 CATWALK 68' —12' FAME OPEN 6FAit PSCKM FLOAT , 20' min, 6' CAP5& 5TPINC4 IF5 X MHW- 2'-6'' TUW MM- 01-O" -2 ~2''6 ' -3 Li i i i (2) 10'' PU5 8'' x VAP., LMTH 5UPPOFf PU5(6' -8' O,C.,TYPJ 1 SEP - 2 2020 ,I / N CONSULTANTS j E , 131 9 NORTH SEA RD, MOFO5�P POCK FOP JJ5 �126MASp 3,. LLC ON P��p NOLO CFM, MATITUCK, SOUTHAMPTON, NY 11 968 631��53�63�U TO. OF 50U1"NOLP, SUFFOLK CO., NY 5H��f 2 OF 2 8-21-20 -�§ SEE5EC NO 775 SEE SEC NO 115 - \ _ -_- SEESEC•NO'11S? `""' " i+a• _ , u xmtl® MATCH LINE 5'A - -MATCH -, ONE .. _ iMlmtlulE mem ----ZZ__— — �. FOR PCL NO 115aaA04 ' 1�rA.i '9 ; 2 • e '�' -� � - - ' ' r B •�0 ',a w 'rvq O i7 } 12 ! 1.3r`- 1 FOR PCL NOPn- SEESEC NO' ` ,+ a 9 a U, ` I 122-nsma - pQ m 11,191'm n _ 9 \\ _ 4 • " "� m • :6 SOUTHOLD j ,f 300A22 7SBA - @ GFS)SFSi 1a +Bg f.'J 5 ' � .. � ' -, r _ ye '71 1,a gO c ,y, �7 �'-_�' _ •sp/ �4 1 Z c)® ,, ( S •+xwr 1 0 4E r 18 9+ �N q7 79 f t 9 ,lT' ,8 ,9 p1,019 S.8 _413 m 1 25 4'�A m2 341 Pn t 1 1tt `'t t t�` En m• ` % .., - - Ue Ar- 1yy 17 • 1e 19 y E�.3�r �. O , r , �_ � � j�� �� NIC SO peco GREAT -NOTCE , COUNTYOFSUFFOLK © E e Tanaac SOUjNOlm SECnON NO R rrx,rx�u FR m�ar oR eal Property Tax Service Agency r - ":a�•,` ?+'�' .cc-- -- �"` _ew - - wr..nmwa®n®, eowlr amurw..mr4Nr77am M+ v°'.�°F 123 Y ' a,__ _ vmmdvxuussoNacns P tai mTmt.Nn 1Wu PROPER7YMAP •_a..n.._ '' _ _8 _ _ _ "ss+m--__�`__— K.ry- _,. .__ .- __'— _ K�� ,.ry -H `% ` �,.�......_.-,..�-._,_ ..w...... �. _..____• _ _...__... _ __.^t+fafa.+«.A.cs.f•i - _ S.C.T.M.# DISTRICT: 1000 SECTION: 123 BLOCK: 8 LOT: 28.6 p� 1942 X ; MIX i / FLOAT -241k ri -1251 � �•' f% S'620S L' 0 1 2'DOti , - b :/ i X1.0 h / ` LAND NAF i X1.8 . �. OF LEIGH P. WICKHAM x3.8/ P/0 LOT 8 S J v :� 35 W .W �..�•1`0�'ps_,/'"/ia�u wen�►+n Bou�rtY 0409 t� J' AS OMELM7m eY j �` ����� S 15 �••� /' EN-CONSIRTAMS 713/2020 X ----------- --- IR�Go SFJMC 1pp DIRT DRA'FWAY . `): (? :4'i?`:`.h9 1�ro LAND N F .....OF ::::•:5a MATTRUCK PROPERTY FAMILY TRUST P/0 LOT 8 ::•.;:•::•;;:;•:a ,9p.: ................... o. Lor o Z�• ......... .. . lz. .af �t�J nn1 50.13' N S 8f59'39-E .,...,.,...CONIC G EA MM ' DEPTH SOUNDINGS REFRENCE AND RECORDED DURING MLW TIDAL EVENT JUNE 10, 2020 THE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL FEMA MAP #36103CO482H LOCATIONS SHOWN ARE FROM FIELD OBSERVATIONS EFFECTIVE 09/25/09 AND OR DATA OBTAINED FROM OTHERS. AREA: 22,263 SQ.FT. or 0.51 ACRES ELEVA17ON DATUM: MLW UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE 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 TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, 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 TO MONUMENT THE PROPERTY LINES OR TO GUIDE 774E ERECTION OF FENCES ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE 77ME OF SURVEY SURVEY OF: P/0 LOT 8 CERTIFIED TO: JJS EDGEWATER LLC; MAP OF: MARRATOOKA POINT FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC; FILED: MARCH 19, 1927 No.331 SITUATED AT: MATTITUCK TOYM OF: SOUTHOLD KENNETH M 1POYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design �+ 444� P.O. Bog 153 Aquebogue, New York 11931 FILE # 19-189 SCALE: 1„=30' DATE: DEC. 8, 2019 N.Y.S. LISC. NO. 050882 PHONE (631)298-1588 FAX (631) 298-1688