Loading...
HomeMy WebLinkAbout1000-77.-2-6 OFFICE LOCATION: �®� SO//�® MAILING ADDRESS: Town Hall Annex °`® �® P.O. Box 1179 54375 State Route 25 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) ® a� Telephone: 631765-1938 Southold,NY 11971 C®UNTY,� 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: May 9, 2022 Re: LWRP Coastal Consistency Review for ELIAS DAGHER SCTM# 1000-77-2-6 En-Consultants on behalf of ELIAS DAGHER requests a Wetland Permit to remove existing wood platform, walk and steps; construct a fixed timber dock with water and electricity consisting of a 4'x74' fixed timber catwalk constructed with open-grate decking; with two (2) 4'x6' steps for beach access; a 3'x14' hinged ramp; and a 6'x20' floating dock situated in a "T" configuration and secured by two (2) 8" diameter pilings. Located: 90 Oak Avenue, Southold. SCTM# 1000-77-2-6 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 me, it is my recommendation that the proposed action is INCONSISTENT with the LWRP policies and therefore INCONSISTENT with the LWRP. The applicant fails to prove that the action meets the following requirements as outlined in § 275-11 Construction and operation standards C. 2 (d) of the Southold Town Code: (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: [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing and other water-dependent activities, Whether the dock will cause degradation of surface water quality and natural resources, V 17 Whether the cumulative impacts of a residential and commercial docks will change the waterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts, and LCL Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. In addition, Chapter 275 requires that the determination of the length of the dock must include the dimensions of the vessel. The dimensions of a vessel are not specified. 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: The Honorable Lori M. Hulse, Attorney t Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I , 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). 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. rRECEIVEE) B. DESCRIPTION OF SITE AND PROPOSED ACTIONSCTM# 77 - 2 _ 6 . 5 2022 Southold Town PROJECT NAME Elias Dagher Planning Board 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) 5 (b) Financial assistance (e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: VN Nature and extent of action: Remove existing wood plat/walk/steps,and construct a fixed timber dock(with water and electricity),consisting of a 4'x 74'fixed timber catwalk(constructed with open-grate decking),with two(2)4'x 6'steps;a 3'x 14'hinged ramp;and a 6'x 20'"T"-shaped float secured by two(2) 8"-diameter pilings,all as depicted on the project plan prepared by En-Consultants,dated March 23,2022. c ; Location of action: 90 Oak Avenue,Southold Site acreage: 9,800 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: Elias Dagher (b) Mailing address: 21 Garretson Road White Plains,NY 10604 (c) Telephone number: Area Code 917-701-6867 (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 amongst and in line with numerous other 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 dock is proposed along a historically developed shoreline amongst numerous Trustees-permitted dock structures,including the adjacent docks to the west and east,and would be consistent with the"construction and operation standards" for docks set forth by Town Code Section 275-11(C)(2). Although there is no wetland vegetation present at the proposed dock location,the dock would not inhibit the potential future growth of intertidal marsh beneath it,as the catwalk will be elevated above the intertidal area and will be constructed with untreated,open-grate decking to allow for light penetration through it. The project would not create a"fragmentation of ecological communities" along the developed shoreline;result in the physical loss,degradation,or functional loss of ecological components;or otherwise adversely impact the adjacent tidal wetlands or surface waters of Goose Creek. 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. VN Yes ❑ No❑ Not Applicable Consistent with Policy 9,the proposed dock would not cause any adverse impacts on existing navigational conditions or otherwise affect the public and recreational use of Goose Creek. Rather,the dock is proposed along a historically developed shoreline amongst numerous Trustees-permitted dock structures,including the adjacent docks to the west and east. The dock and associated watercraft would extend seaward a distance well less than one-third the width of the waterway and would be consistent with the"pier line"along the Oak Avenue shoreline of Goose 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 It. 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 DATEMarch 30,2022 Robert E.Tlkdnann Amended on 811105 .TY �\���O{..� �'"'.1.i ` 7dp• �d 1.,�t" "1M„ r �,r't/.,�y � ',J• t ,: A s �... �, .,:I 1 c.. -ri5 •;�� eta / '�'. �' r Yy � '. ,�„,,�o ,;��,f�� �'�,yt t w� � � *Gr, Y',"k t'riE. ",?�,�a`„��-a��'.< _ ar .ice +^!R'•TF'3 �n :_, .ks`tr .�yx,F� r Y 3`J " �Al zz A 051A tj- • � �, '6's-`9—'.` �. �S ,tea, � .... ^��I111� �+-n- .-� .•-max. - �\�-1+Z E w• _ � aY��/moi•7�'.���yr '^� •y�--*+ � `fie,•fl_ _ �� t t, � - J A y V� ,�.'Nr4 v,� rc��•{I�` ,;Yx �y'/"y 'sya �. � .° i w_7 R`�i ! � .�t• t „T r9!!y� I�- _.. ♦ti�.�"� dl� f ",TTTt d "l c. �� '�, l����� r'�� „11��:'*''"M1� � 4y W" � �?�' ' _ I pw r �.:' c- -� �.4 i1 :''•c 4 ELIAS DAGHER,90 OAK AVENUE, SOUTHOLD Figure5. Aerial image of subject property and surrounding docks in September 2019. Image by GoogleEarth. o-,o-eT ososao oo-2sla C_k % N /J2�� `'�� ��`` .tea.,•?•,� ,.5•' —'-3sf� - ____ ien 3 ------ 21 - - - zA ---- --------- U- __ 12., 25 laQ(ORY Ate. �5 O•...�� _�_ r (21) _ O �'� _ 'p__ "_. __r__ NOTICE '+y COUNTY OF SUFFOLK © E v 5007XOLD SECTION NO Tax Service Agency r Real Property �'^u'•• n--- r��Nrl>�iu v.. —-- yar __r-- muv.--w-- s CounlY Centrt Plroitm•Y.NY11601 M of 177 P C\�—JII mic�m 1000 PROPERTY MAP LIAN OA ' INE Ed LA 511E(ACCESS via OAK AVE,,,,J " CUSTS�+ a PNg = ANP 6005E CHEEK ItIdo Custer o�� Ig o E 7um Institute it EAflN J I AV 3 SCEEPY y � o < °G f OC� P0� j �QpQ� GLENN +Ra S � a P m ANN 1•\,^.;�"snC�°� P, �j I I ae 4 se'4oQpR� �/ rcKogr°a W GREATHOG o P Qy �J � �s` NECK 5� sE`' rtty Nag5trom Map 44 —-�•rr---n---rr-�n --� Notes; I. Purpose, private, noncommercial, boat dockage POCK 2. natum; MSW- 0' - OI' ADJ. 3, Water depths(referenced to MLW) tran5cribed from hydrographic Survey Prepared by Nathan Taft Corwin, dated II-23-21 4, t2cck to be equipped With Water and electricity 5, Plan and cro55view dlagram5 are Schematic in nature and are Intended only to establish project location, scope, and basic construction details for permitting purposes and are not Intended to serve a5 or 5u65titute for engineerinq or construction plans for construction purposes 6. Project location; 90 Oak Avenue, 5outhold 5CTM No, 1000-11-2-6 N/F C. & J. SLECKMAN x FxI 0 140.00' y i 8" PILE (TYP.) 30' b 6' x 20' FLOAT 0000 EX. STONE RIP—RAP DRIVEWAY C'li y (2) 4' X 6" STEPS 3' x 14' RAMP L� 1 STORY PATIO % � v DWELLING SIt. ❑ 4 x 74 FIXE TIMBER CATWA C+ o �p ±92' o ±39' trj �o❑o ±50' o L o j to m rn ' EX. WOOD PLAT/WALK/STEPS N w o TO BE REMOVED a 140.00' �+ APR 1 2Q2 /F D. dM. DANESHRAD ` \ / �� I v I n Southold Town 0 o �u Board of Trustees 0 m PF,OFO5�P POCK FOP, �L AS EN-CONSULTANTS ON 6005� C��K, �319 NORTH SEA ROAD ADJ. DOCK 50Lm-t01.P, SUFFOI.K COUNTY, NY SOUTHAMPTON, �Y i 1968 5N��1" 10F 2 3-23-22 ��^� 6 �306360 a' APS _ 1 2022 5�C110N 1'NI?U PI?OP05�P POCK S0UMold row„ Board of rtistee PpOp,PIgP +92' 11Mtk POCK +5O FIX�P �� T MP,CATWALK P.AMp �i (2) 4' 51V5 OP�N-GpAT�PACKING FXAf 6" CAP5 ANP 5fRINGTp5 S X INA MHW- 2'-d'' MLW- 0'-0" - - - i-611 s s �X,Gt?AP� V -2'-6" +39' 8'' x VAP.,L NGTH 5UPPOn, P05T5, +6' O.C„(TYK) (2) 8'' x+30' PL�5 t0 5�CUR. FLOAT FPZOPO5�12 POCK FOP, �LIA5 Eil-CONSULTANTS PAGN�IP, ON 6005� CP,�M 1319 NORTH SEA ROA® SOUTHOI.P, 5UFFOI K COUNTY, NY SOUTHAMPTON, NY 11965 5H��f I OF 2 3-23-22 J631®253-6360 GOOSE CREEK W aSURVEY OF Ir 0 LOTS 172 THRU P/0 175 INCL. � o MAP OF WTER DEPTHS FROM LOWER LOW WATER LEVEL GOOSE BAY ESTATES (-36T0ACREEK BOTTOM � o '0 (-30� FILE No. 1176 FILED NOVEMBER 18, 1934 c-247 SITUATE FLOATING-"O' O UTH O LD (_187 WOOD DOCK QIP FLOATING TOWN OF SOUTHOLD FLOATING WOOD DOCK SUFFOLK COUNTY, NEW YORK WOOD DOCK RAMP S.C. TAX No. 1000-77-02-06 0 SCALE 1 "=20' $ S NOVEMBER 23, 2021 _ x LOW WATER MARK -1.2 AREA = 9,800 sq. ft. 0.225 ac. O.2 -a.3 -0.2 31L — ki �111c AL QZ MARSH MARH S K — �$ _02 AL GRASS AL �L � t1\GN WPB _z A NOTES: S 86'08'30" E WOOD WALK1. ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM W000 2.3 & STEPS 0.00' TOE OF ROCKS EXISTING ELEVATIONS ARE SHOWN THUS:A X kA(� Z1 BOK »� ... :'.:::'.1MA :�..:''+•' .. •(+327',.,.::1...: lop OF EACH F.FL. - FIRST FLOOR R :3.6'E.: .K ': �.Z ' G.FL - GARAGE FLOG TOP 0 FENCE FLAG ,`L,3 (+62 WALL 0.4*W. OWALK Ei�X,q j18'TF2EE D 12 W. CONC. WALL II , E C E ' V E O X X3`,2 d 0 �ff d K�.9 O x O x f � I �.4 O p X a � II CO APR " 1 2022 AJU f \ U irll r $ Southold Town I I XJUBoard of Trustees F X-m i \ - A -62 3o BXm PATIO I NCE X 13 0.2'E. Nv� MASONRY I v ? STEP$ Xm W W ad SHED 17.2' _U o U V I.Z 1.3'W. 32.3' 0 """tititi z V � z p y mo d a m FENCE w0 E 1 STORY N Z'a 0.6'E. Tib ��', p RP FRAME HOOSE fl t SHED I w L AI COND.r .2j0.5'E. RO DRAIN V a W 6.1 i o F.FL2M N r = 38.4' OV) ROOF OVER TRENCH WOOD STEP DRAIN CURB N I a i 8 0.5'E. 0 W< o 18'TREE O 3000 cL�/:= l� L,() o it I I I 00 I 34"TREE M o U 0 � -� PREPARED IN ACCORDANCE WITH THE MINIMUM m I /3 0 STANDARDS FOR TITLE SURVEYS AS ESTABLISHED Z BY THE LI.A.LS. AND APPROVED AND ADOPTED B CURB APRON m I I I I FOR SUCH USE BY THE NEW YORK STATE LAND (/� TTILE ASSOCIATION. UTILITY POLE IgE N 8608'30" W UPAJI 0.3 60.00' N 8600823099 EDGE OF Pk E UTIL nY POLE U� � ERHEAD WIRES q CONC. MON. AK AVENUE ��a�• , - " N.Y.S. Lic. No. 50467 UNAUTHORIZED ALTERATION ADDITION Nathan Taft Corwin III TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE Surveyor`,Q EDUCATION LAW. yor COPIES OF THIS SURVEY MAP NOT BEARING Su Land r Y e THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED Successor To: StanleyJ. Isaksen, Jr. L.S. TO BE A VALJD TRUE COPY. Joseph A. Ingegno L.S. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY Title Surveys — Subdivisions — Site Plans — Construction Layout IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND / 727-2090 Fax (631)727-1727 PHONE631 LENDING INSTITUTION LISTED HEREON, AND \ ) TO THE ASSIGNEES OF THE LENDING INSTI- OFFICES LOCATED AT MAILING ADDRESS TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. P.O. BOX 16 1586 Main Road THE EXISTENCE OF RIGHT OF WAYS Jamesport, New York 11947 Jamesport, New York 11947 AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. E—Mail: NCorwin3®aol.com 41-293