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Home My WebLink About1000-86.-5-11.2 OFFICE LOCATION: ��OF SO(/lyO MAILING ADDRESS: Town Hall Annex �O l0 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 00UNT`I J 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, 2021 Re: LWRP Coastal Consistency Review MARC TURKEL & NEENA BEBER SCTM# 1000-86-5-11.2 En-Consultants on behalf of MARC TURKEL & NEENA BEBER requests a Wetlan"&Permit to construct a fixed timber dock with water and electricity to extend seaward from existing boat-house walkway, consisting of a 4'x54' fixed timber catwalk using open grate decking; a 3'x12' hinged ramp; and a 6'x20' floating dock situated in an "L" configuration and secured by two 8"-10" diameter pilings. Located: 2221 Indian Neck Lane, Peconic. SCTM# 1000-86-5-11.2 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 proposed action is INCONSISTENT with the LWRP and therefore INCONSISTENT with the LWRP. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. Richmond Creek has shallow water. The Town of Southold offers numerous public locations and waterfront access points for launching of vessels. 6.3 Protect and restore tidal and freshwater wetlands. 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 request to construct a dock into an ecologically sensitive New York State Critical Environmental Area is unsupported and inconsistent with this policy. As indicated above the dock is also proposed within a New York State Coastal Fish and Wildlife Habitat Area. When establishing this area, the NYSDOS assesses the ecological significance and publishes an accompanying form. The NYSDOS COASTAL FISH &WILDLIFE HABITAT ASSESSMENT FORM states: "Unrestricted use of motorized vessels including personal watercraft in the protected, shallow waters...tidal creeks can have adverse effects on aquatic vegetation and fish and wildlife populations." Richmond Creek water quality shows evidence of decline due to algal blooms that are potentially harmful to shellfish and fish species occurring in the lower flow sections of the water body. Docks in this area could alter tidal flow; damage marine species habitat, effect wildlife use and introduce pollutants in low flushing areas capable of further impacting water quality. The NYSDOS COASTAL FISH &WILDLIFE HABITAT ASSESSMENT FORM states: "Any activity that would substantially degrade the water quality of Richmond Creek would adversely affect the biological productivity of this area. All species of fish and wildlife are affected by water pollution, such as chemical contamination (including food chain effects as a result of bioaccumulation), oil spills, sedimentation, excessive turbidity, stormwater runoff, and waste disposal (including boat wastes). Impacts to water quality in the creek should be minimized or eliminated to enhance locally important shellfish and crustacean populations. Barriers to fish migration, whether physical or chemical would have a major impact on the fisheries in Richmond Creek." Due to the high-quality marine wetlands and other habitats of Richmond Creek, moderate, cumulative impacts from the placement of docks in areas with physical conditions that do not support them (shallow water conditions, low flushing conditions, concerning water quality conditions etc.) are expected. The NYSDOS COASTAL FISH &WILDLIFE HABITAT ASSESSMENT FORM states: "Richmond Creek is also a productive habitat for finfish, shellfish and crustaceans, including blue claw crabs, clams and scallops. The creek is one of the top two creeks for crabbing in the town and is also important for clamming." The proposal to construct a dock in this location is inconsistent with this policy. 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. A net loss in public use of waterways is expected as a result of a dock in/on public waterways. The construction of this proposed, private residential dock structure on public trust lands and/or waters would result in a net loss of public recreational use of such waters. The proposal to construct a dock in this location is inconsistent with this policy. In the event the action is approved the minimization of CCA treated materials in construction and the establishment of the vegetated, non-turf buffer landward of the wetland are recommended to further Policy 6. 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 � E Town of Southold LWRP CONSISTENCY ASSESSMENT FORM LD A. INSTRUCTIONS 1 , All applicants for permits* including Town of Southold agencies, sh proposed actions that are subject to the Town of Southold Waterfront Consis ency 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, 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 SCTM# 86 - 5 - 11.2 PROJECT NAME Marc Turkel&Neena Beber 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 transactio ) (b) Financial assistance (e.g. grant, loan, subsidy) \, ❑ (c) Permit, approval, license, certification: Nature and extent of action: Construct a fixed timber dock(with water and electricity),to extend seaward from existing boat house walkway,consisting of a 4'x 54' fixed timber catwalk(constructed with open-grate decking); a Y x 12'hinged ramp;and a 6'x 20'"L"-shaped float secured by two 8" - 10"-diameter pilings,as depicted on the project plan prepared by En-Consultants,dated November 1,2021. J Location of action: 2221 Indian Neck Lane,Peconic Site acreage: 67,612 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: Marc Turkel&Neena Beber (b) Mailing address: 75 Bank Street,Apt.Q New York,NY 10014 (c) Telephone number: Area Code 917-446-4898 (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 :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 would be located adjacent to an existing Trustees-permitted boat house,along the developed shoreline of Richmond Creek,which is characterized by numerous dock structures,including two adjacent Trustees-permitted docks. 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 1:1No ® 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 Located between and amongst numerous dock structures along the developed shoreline of Richmond Creek and adjacent to a Trustees-permitted boat house(Permit No.9870),the proposed dock would not create a"fragmentation of ecological communities;"result in the physical loss,degradation,or functional loss of ecological components;nor otherwise adversely impact the adjacent vegetated tidal wetlands or surface waters of Richmond Creek. In order to limit new disturbance of the shoreline and protect the existing intertidal marsh vegetation,the catwalk would extend seaward from the existing boat house walkway;would remain elevated 4 feet above the grade of marsh;and would be constructed with untreated,open-grate decking to allow for light penetration through the dock The dock would also be consistent in all other 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 Proposed adjacent to a Trustees-permitted boat house,where it would extend seaward from the boat house walkway,the proposed dock would extend only 50 feet seaward of mean low water(MLW),thus staying well within the maximum allowable one-third width of the waterway;and due to the size of the property and irregularly shaped shoreline,the dock would be separated from the adjacent docks by substantial distances. Consistent with Policy 9,the proposed dock would have no adverse impacts on existing navigational conditions or otherwise affect public access to or recreational use of Richmond 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 BYTITLE Coastal Management specialist DATENovember2,2021 Robert E. ann Amended on 811105 The Lenz Winery �I I � i � t `,,� �>•.• `¢.�i• Notes; ' i I• Purpo5e;Private,noncommercial, -~—-- — —-- - 60at dockage 511 C ACCt55 via 25 50Jtcf rponm) yoe e T. 2• 17atu ; MLW= 0 -O" � a S �` J F 3• W I depths(referenced to MW)•\ svaN� � j;' tr gibed from hydrographic survey Raphael r p Vineyards ,ed by Kenneth M,Woychuk � �J / :� / j 1 � � � 1 �dre4a,r;rrrt oee ! i I ` #q-PLIC,dated July 16, 2021 Q�a°°�� i i I ! j Q =a ,to 6e constructed with open-grate decking u s Q RI I ;and 'aunpped with water and electricity and croszvnew diagrams are schematic in It NOV 5 2� -� e and are Intended only to e5ta6li5h project locatlon,scope,and basic construction details for 9 f t permlttlnq purposes and are not intended to serve as or 51J6stitute for e Ineeri or construction ' Suffolk County Hag5trom Map 49 ! i Southold�jo`o � nq 1"� 2000' L_ Board of I r• plans for construction purposes Project location; 2221 Indian Neck Lane, Peconic, 5CTM No. 1000-86-5-11,2 x 33" /8" — 10" PILE (TYP.) dx 32" 6' x 20' FLOAT RICHMOND CREEK 3' x 12' RAMP (WIDTH > 300') 24" +50' PROP. DOCK (TO EXTEND SEAWARD x 18" 4' x 54' FIXED CATWALK (OPEN—GRATE DECKING) FROM EX. BOAT HOUSE WALKWAY /2" . — �bILW (0.0) a0.3 1r &(TIDY (2.3) EX. WOOD WALKWAY \ zx ■ 60 _ — _ — —TWB F gGE oNO o= Toff OF Big y 4 RACK KK D NI ] TOP OF 20' 20' WOOD EDGE OF LAIYN STEPS '„ = 40' STONE WALL DRIVEWAY COVERED I� DECK 2 STY DWFRA DIVE_ \ GARAGE _ FOG T O \ N��,✓, p \ f Op pq �' ONrINO/ 3g.80 \M\ ��ro \ I LATE Ao1r ZZC \ L \ NIP C. WEIR 1\ \ f'pOp05�n POCK FOP, MARC EN-CONSULTANTS � TUpK�I. ANP N��NA C��C��f? ON 1319 NORTH SES ROAD I �ICNMONn C��K, p�CONIC, SOUTHAMPTON, NY 11968 � SUFFOI.K COUNTY, NY 631®2$36360 5H��f I OF 2 11-1-21 Q F� c u V E �^ NOV 5 2021 Southold Town Boa;-d of Trustees 5�CION-MC;U FPOF05�P FIXEP IMF POCK I" - 20' mp : MOR NM9 54 MgCATWALK U-MALK AP J.fO POMOU6'PLOAf 4 OPEN-GRACE PECKING 6"CAF5 ANP 5TIN6E6 r-1 i MHW- 2'-4" i MLW-0'-0" ! -50' 2" -33" -IM— —1 i i �I 6" -8"x VAP,.LENGTH 5UPPOPf P05f5(6, -8'0.c) C 2) 8" -10"x 30'PILE5 t0 5ECURE FLOAT' t'1;OP05�P POCK FOP, MAf?C EN-CONSULTANTS ANP N��NA C��f? ON 1319 N�RTb SQA READ f?ICHMONP Ct?��K, p�CONIC, SOUTHAMPTON, NV 11968 SUFFOI.K COUNTY, NY 63 ��3®b3b0 5H��f 2 OF 2 11-1-21 il0l—1. '17 7W, T�- 41 .15 "Zo 4N-- Vl u S, nR "v" vi C UNTY OF SUFFOLK trl oar. S.C.T.M.# DISTRICT: 1000 SECTION: 86 BLOCK: 5 LOT: 11 .2 RICHMOND CREEK (WO' J2'm 301k 24'k 18 is LAND NIF OF 12'x JOHN DEGENNARO S 4"d 61 '3 ISO. s+F 11u,447,, 17W' Tk%L WEYLAND DOWMAW 13499, AS VELWEATED BY A_p;4 Em-c�TAVIS S 43, 4 .0 0 1.8 - c 00.2021 U165 OF SAW 7g'3S RACK CMF 1p 6. or 6"3.91 41 - U.P. 3 A' OP 44' CM00f Wy ....... . ........71110^ \ DW4 ............ ..... .......... . ........ .1.1.... ....... ........ -... . ............... ..................... ................. ............... U.P. ........ ............ .......... .. ....... ............ .......... CONCRETE LAND NIF OF JOHN PONTINO SLATE ,� r ___.T___. I PATIO AION. 91.11, 3 2 L-J) k Fl_ '4 Wt S 850OT30"W Southold Tc)vvn Board LAND NIF OF LAND NIF OF _2f HC NOF0 LLC GERALD WEIR ADDITONAL SOUNDINGS 07-16-21 57,700 S.F. UPLAND LOT AREA THE WATER SUPPLY, WELLS, DRMELLS AND CESSPOOL 9,912 S.F. WETLAND AREA LOCATIONS SHOWN ARE FROM nELD OBSERVA77ONS AND OR DATA OBTAINED FROM OTHERI AREA.-67,612.22 SQ.FT. or 1.55 ACRES ELEVAPONDATUM. MLW 0-0 UNAUTHORIZED ALTERA770N OR ADDITION W 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 777LE COMPANY, GOVERNMENTAL AGENCY AND LENDING INS77TU77ON LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING IIVS71TU710N, 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 THE EREC77ON OF FENCES, ADD177ONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARAN7EED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE 77mE OF SURVEY SURVEY OF:DESCRIBED PROPERTY CERTIFIED TO: MARC TURKEL; M AP OF. FILED: SITUATED AT.PECONIC TOWN OF:SOUTHOLD KENNETH-M WOYCHUK LAND SURVEYING, PI1C SUFFOLK COUNTY, NEW YORK oe Professional Land Surveying and Design #.r 44�lr pa P.O. Box 153 Aquebogue, New York 11931 FILE #221—72 SCALE:1"=40' DATE:APRIL 6, 2021 N.Y.S. USC. NO. 050882 PHONE (631)298-1588 FAX (631) 298-1588