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HomeMy WebLinkAbout1000-75.-6-3.2 OFFICE LOCATION: OF SO(/lyO MAILING ADDRESS: Town Hall Annex �� lQ P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 G Telephone: 631 765-1938 coUM`I,� ' LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Glenn Goldsmith, President Town of Southold Board of Trustees From: Mark Terry, Assistant Town Planning Director LWRP Coordinator Date: February 16, 2021 Re: Local Waterfront Coastal Consistency Review for PATRICK & EVA FLANAGAN SCTM# 1000-75-6-3 2 The proposed action is located'within a New York State Department df,State Significant Fish and Wildlife Habitat Area, a New York State Critical,Environmental Area and a Peconic Estuary Critical Natural Resource Area. Michael Kimack on behalf of PATRICK & EVA FLANAGAN requests a Wetland Permit to construct a 4'x80' fixed catwalk with Thru-Flow decking and staircase (320sq.ft.); construct a 4'x20' fixed dock (80sq.ft.) with Thru-Flow decking (400sq.ft. total). Located: 325 Wells Road, Peconic. SCTM# 1000-75-6-3.2 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. This parcel was created in the Standard Subdivision of John Scott,SCTM#1000 75.-6-3 Due to environmental sensitivity of Richmond Creek the Planning Board required certain protective clauses (8, 9 and 10) filed in a Covenant and Restriction. Access to a dock structure on the parcel cannot be achieved through the 50' wide non-disturbance buffer. The extreme shallow water in the upper reach of the creek caused the Planning Board to locate a common access on Lot 3. (8) The Declarant covenants that a 50 foot Non Disturbance/non-fertilization Vegetation buffer area is depicted on Lots 1, 2 and 3. It is hereby understood that the 50 foot Non Disturbance/non-fertilization Vegetation buffer area is intended to preserve the existing trees and natural growth. Vegetation within this area shall remain in its natural state in perpetuity. Permitted activities within the buffer are limited to the removal of dead, diseased trees that are hazardous to life or property. Notwithstanding the above, the Non Disturbance/non-fertilization Vegetation buffer area may be supplemented with additional native vegetation subject to review and approval of the Southold Town Planning Board and Southold Town Trustees pursuant to Town Code 275-3. (9) There shall be no disturbance of any kind (i.e. mowing, clearing, grading) within the 50 foot Non Disturbance/non- fertilization Vegetation buffer area, except as provided herein. This includes, but is not limited to, the prohibition of structures or clearing of any kind, except to establish a 4 foot wide unimproved, natural access path located within the 10 foot pedestrian access easement on Lot 3. Pursuant to Chapter 275 Wetlands and Shorelines; the access path must be reviewed by the Southold Town Trustees and other jurisdictional agencies. No grading or changes to the natural contours of the land shall be permitted within this area. (10) Landward of the 50 foot buffer, shown on the filed map,4e& t,P ,.f.T- Declarant is permitted to undertake seasonal mowing (farm cut) to control seasonal growth of such noxious plants as briers and poison ivy. As stated in Clause 9 above, this 50 foot buffer is to remain in an "undisturbed buffer", therefore mowing, clearing or grading is not a permitted activity. Further locating a dock in this area is INCONSISTENT with LWRP policies: 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 net loss in public use of waterways is expected as a result of a dock in/on public waterways. The proposed action is located within a New York State Critical Environmental Area. 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 need to construct a dock into an ecologically sensitive New York State Critical Environmental Area with no to highly restricted navigability during tidal regimes is unsupported. Richmond Creek water quality shows evidence of decline due to anthropogenic influences. Algal blooms that are harmful to shellfish and fish species are occurring in the upper reach of the water bodies more frequently. Docks alter tidal flow, marine species habitat use and introduce pollutants in low flushing areas. There is a high probability that commercially valuable shellfish species occur in the proposed location of the dock structure. These natural resources will be adversely impacted from the construction of a dock. 9.3 Preserve the public interest in and use of lands and waters held in public trust by the state and the Town of Southold. A. Limit grants, leases, easements, permits or lesser interest in lands underwater in accordance with an assessment of potential adverse impacts of the proposed use, structure, or facility on public interest in public lands under water. The construction of this proposed, private residential dock structure in public trust lands and/or waters would result in a net loss of public use of such waters and adverse impacts (repetitive) over long duration, due to: 1. Inadequate water depth to safely operate a vessel; 2. impact to navigation effecting other user groups (recreational) on the public waterbody; 3. impact to marine species habitat due to inadequate water depths and potential bottom scarring from the operation of a vessel; 4. impact to water quality from inadequate water depth and the potential repeated suspension of sediments through the operation of a vessel and the harming and loss of benthic marine life; 5. impact to water quality through the introduction of materials; and 6. impact through the interruption of tidal flow in the upper reach of this creek; and 7. Potential adverse impacts to high quality tidal wetlands. No reasonable, legal access to the proposed dock structure has been provided. 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 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 sif ificant 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- supporti g 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 T ' website(southoldtown.northfork.net), the Board of Trustees Off. he 1 local libraries and the Town Clerk's office. �� I FEB 5 2021 B. DESCRIP'T'ION OF SITE ANIS PROPOSED ACTION c,L L�---- - Southold-Town —•.J Planning Board SCTM#— -- - L /� \ PROJECT'NAME 6 N, � \ N The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of'Trustees ! 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) Permit, approval, license,certification: Nature and extent of action: C'oi(/ rrle J c r 4 1,97." X A®Ar- CC)N V CJ- A 4r-r,, )C 2a AT- �'12<52 D 6 CLI a Location of action: e 4,6— — 245 EDAP IC Site acreage: Present land use: /- 0A/ FA Present zoning classification: MmL MZ 005�z_Y 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: eArX I CAC d L V A AMA1,46A (b) Mailing address: IC � �`,�9RyZ WAI, IV, Y. IJ5- (c) Telephone number: Area Code( ) 9Z — 3,�-6 " 7A (d) Application number, if any: /U/ 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? 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 LWIP Section 1H—Policies; Page 2 for evaluation criteria. ❑Yes F] No D4 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 F] ( No�1 Not Applicable d Q4V— ,Wd5 ?W428* e72 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 R1 Not Applicable G 1 G ®iWCT, ® O — Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LW1RP Section III—Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ No 21 Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of.Southold. See LW1gP Section III —Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No ONot Appl'cable 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 LWIaP Section III—Policies; Pages 22 through 32 for evaluation criteria. ❑ 0 X Yes No Not Applicable ZVAL �ZM INTO Rf CA)HaAZ22 CME/K Z-5 A E&-ALL.. 66 reRWr-UVIq 42V D&®l-LoQ 94V-jE L!Tom, -OR Ali) Ld?A e 5 "L Attach additional sheets if necessary Policy 7. Protect and improve air quality in the 'Town of Southold. See LWItP Section III — Policies Pages 32 through 341 for evaluation criteria. ❑ Yes ❑ No Not Applicable EW 1 -N-1- 7D ?721 E Ae0Z c'-- Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Towyn of Southold from solid waste and hazardous substances and wastes. See LVV" Section III—Policies, Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No Z Not Applicable QL/C,Y 7 2 ® C ' 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. ❑ Ye❑ 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 ®0 E Q_ 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 LWIZP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No® Not Applicable PILINIA Ta 7FAVE BROZZ_� Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWIIP Section III —Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No® Not Applicable Face CY `z �IA ZD �I.� AR®SV�Q._ Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWU Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable l PREPARED BY L� �s,�.r� I'IB'LE 6, DATE?ZZ OZo 3.<3C�:'�d'Yi �F-`:r��s�....�, .\-. '�'.iSt3. 's 1 -r. T� ,, .. i�'Q..•....e�'C• ..�ttf�'... Flanagan Residence i � Legend ,, r.• ,1' Cj.' Write a description for your map. �' - 325 Wells Rd Timothy Coffey Nursery/ Landscape Inc. r Cl 41, Ok Zr ��� � ���-�f ���� ` � t :."� , •�%' � ,fir' ''8 All ,,� r f l�tl�i` 1 � •yea �� t ��i i�j ,� '„o' j '�" ` Flanagan- 325 wells Road, Peconic Y 4. L G a, September 27, 2020 1:2,257 0 0.01 0.03 0.05 mi TaxMap 0 0.02 0.04 0.09 km Source: Esri, Maxar. 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F==91 MIN.4 FEET ' IIII"1111 LOWER LOW WATER MARK �I li !j ,({ �► Ip �i (s I! l� ,I it QI !I I� 1+ I�( i� - _'`�" — J1 _441- 2.0 FT.EL.+I. 0.00 FEET EL.=1- -2.5 FT.EL.+,t -1.1 FT.EL.+r_ TYPICAL CROSS SECTION SCALE:9 INCH=6 FEET O THRI FLOW DECKING(CONT,) (4)2"X 8"PRESSURE TREATED SEAWARD L IM IT OF MARSH VEGETATION DECK JOISTS 4"x 4"Green heart or Tropical wood MIN.0.60 LBS.P.C.F.RETENTION LOWER LOW WATER MARK set 3 feet above deck and set one(1) foot above"T"dock seaward I (2)2"x 8"Pressure Traeted Lateral Supports (2)2"x 6"Pressure Traeted Min.0.60 Lbs.P.C.F.Retention STAIRCASE;6 RISERS��7.25" \ Cross Ties W!5 TREADS:3"X 12" e Min.0.60 Lbs.P.C.F.,Retention 1 10 FOOT SEAWARD OF LOWER LOW WATER MARK(23%) 4pA RO+ DETAIL SECTION SO�FF SCALE:I INCH=3 FEET q\\ r y F 9 o'Ty h�OF p RFT s'O RGA \ RST/Oq�p�k!°F Ot:• m 0 o NCc4�sc41S� Ri Gc a x FF!°T SCg�ONT ,z, 3 ; 5 Step Floatstep Aluminum 0 s J p o �t Aga azo /Dock Ladder DIE t 'A N T f Ole=ITN a PATIZICK & EVA FLANAGANFloatsam:6•x 30•floating O 9 dockb_ �rgmove - � " + 325 Wells Road, Southold \ t{u, i�' i APPROX.30 FEET i PROPOSED FIXED DOCK TO \ ` i� Ls ) NOV 2 2020 fIT" FIXED DOCK ® - ITYPICAL LAYOUT By. M. A. Kimack Dated. October 12 , 2020 h='1 i; ril SCALE;1 INCH=6 FEET Rev. Nov. 1, 2020 SURVEY OF LOT 2 WELL MAP OF PROPERTY OF JOHN SCOTT FILE No. 11699 FILED APRIL 27, 2009 SITUATE PECONIC SEPTIC SYSTEM TIE MEASUREMENTS EgF p��\�G .�1j N TOWN O F S O U T H O L D S ,��6• N SUFFOLK COUNTY, NEW YORK HOUSE GARAGE GARAGE GARAGE PORCH ORNER S.C.STAX No. 1000-75-06-3.2 �A CORNER[B CORNER© CORNER[D CORNER QE SEPTIC TANKI SCALE 1 "=40' COVER 18' 18' N/A N/A N/A i � � � LEACHING POOL NOVEMBER 4, 2015 COVER 1 N/A N/A N/A 34' 20' 1�� 1 I I �� MAY 3, 2016 REVISED PROPOSED HOUSE LEACHING POOL •� X111, I 1 �o JULY 10, 2016 FOUNDATION LOCATION COVER 2 42' N/A N/A N/A 35' \ Y16, 2017 FINAL SURVEY JANUARY2019 ADD PRUNING AREA LEACHCOVER 3 POOL N/A 24' 17' N/A N/A �� \\\ I\\ I\\ I AUGUSTAPRI 22020 UPDATE SURVEY 19, 2020 UPDATE SHORELINE OCTOBER 13, 2010 ADDED PROPOSED DOCK \ I \ TOTAL AREA = 106,245 sq. ft. 2.439 ac. WETLAND AREA = 26,235 sq. ft. UPLAND AREA = 80,010 sq. ft. �5 e .•r' � 1 r I I ,11 I, � CERTIFIED TO: 1 � 1 I N 0 �- N z 1 I I ti \ Z4 PATRICK FLANAGAN Z R° z 1 I oy \ 1I1 \ oy EVA FLANAGAN JPMORGAN CHASE BANK, N.A., ISAOA/ATIMA FIRST AMERICAN TITLE INSURANCE COMPANY (��''�o ��� _ ��,� .•r' � I°= � I —�'� X111, \ \ �N — o NOTES:. �,�� °, �, 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1988 DATUM X -- °' C / \ •� EXISTING ELEVATIONS ARE SHOWN THUS:XX 1 f"� J' ° 1 �• r 0 OO / / O�X/ �� \ �. EXISTING CONTOUR LINES ARE SHOWN THUS: —————N — •� o ' ° . .\ . v �i.2'. � o�s I 75' NON—TURF BUFFER- I 3 p = \ \ O O > pOs ' O .l1 \01, - Z 1 z ° 0 2 0. v �°O GF O° o ��Ga / \ Z Z m m .v �c �• �o EES �11P��' \ c^Z G�// // �J� a Z 6 '� MJF, OSE \ y�G PO z41 lT: SE �5 S p ' /��G E,1 \ j OWATERLINE/ / 9�ti '�i9 e.. / t^ �"` •Y 9 til A ;:.;:::;:•`` tea':;:'r_ ,ya# �,p`, \�,�o° oly� S•p0 7� .�� 9t` i1.�. d �,(Gr`p e�AG6 \ o $ �,`ci , �i o./ a � � ,g. � s � ���Q �p o\ � o I ,d °s . \ N j\\ ' o y �_ r. .. ....._ / GCC J CGS OCT 2 0 2020 I ° 0/ \ \ \ O i NOTE: A' REFER TO PLAN OF PROPOSED DOCK \PS \ BY M. A. KIMACK DATED OCTOBERR 12, 2020 / \ \ \ PREPARED I STANDARDSFOR TITLE SURVEYS NCE WSURVEYS AS ESTABITH THE LISHED UM BY TED c , �Q�� Pt \ \\ O FOR TSUCH USE BYNTHE PNEW VYORK ED NSTATE OPLAND GRP \ L0� P�� ... TITLE ASSOCIATION. OF N �•A Yoko° Z�':. . p st R� J �� C'�rr 'Yea:,, IPQ S. Lic. No. 50467 r7�Al�c � UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE �o�;, EDUCATION LAW. Nathan Taft Corwin III COPIES OF THIS SURVEY MAP NOT BEARING oTHE LAND SURVEYOR'S INKED SEAL OR Land Surveyor EMBOSSED SEAL SHALL NOT BE CONSIDERED !y TO BE A VALID TRUE COPY. 0 o CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY o N/0/F IS PREPARED, AND ON HIS BEHALF TO THE Successor To: Stanley J. Isaksen, Jr. L.S. o ALFREDno N. DWUNZIO Jr. TITLE COMPANY, GOVERNMENTAL AGENCY AND Joseph A. In a z & BARBARA H. DiMUNZ10 LENDING INSTITUTION LISTED HEREON, AND P 9 9 L.S. TO THE ASSIGNEES OF THE LENDING Title Surveys — Subdivisions — Site Plans — Construction Layout INSTI— TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. Y y PHONE (631)727-2090 Fax (631)727-1727 THE EXISTENCE OF RIGHTS OF WAY OFFICES LOCATED AT MAILING ADDRESS AND/OR EASEMENTS OF RECORD, IF 1586 Main Road P.O. Box 16 ANY, NOT SHOWN ARE NOT GUARANTEED. Jamesport, New York 11947 Jamesport, New York 11947 40-068A