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HomeMy WebLinkAbout1000-71.-2-11.5 OFFICE LOCATION: ®�\®F S® �®� MAILING ADDRESS: Town Hall Annex ® P.O.Box 1179 54375 State Route 25 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) cep Southold, NY 11971 ® �� Telephone: 631 765-1938 C®UIVT°�,� 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 11, 2023 Re: LWRP Coastal Consistency Review for JANICE H. ZIEGLER & KARL A. GROSKAUFMANIS SCTM# 1000-71-2-11.5 En-Consultants on behalf of JANICE H. ZIEGLER & KARL A. GROSKAUFMANIS requests a Wetland Permit to maintain and perform as-needed ordinary and usual maintenance on as-built 3'x12' hinged ramp and 6'x20' floating dock situated in an "I" configuration. Located: 112 Windjammer Drive, Southold. SCTM# 1000-71-2-11.5 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 LWRP Policy 6.3 and therefore, INCONSISTENT with the LWRP. 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 9. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The as-built structure was constructed without Board of Trustee review or permit. 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 l, 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 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 RECEIVE SCTM# 71 - 2 _ 11.5 NOV 3 0 2023 PROJECT NAME Janice H.Ziegler&Karl A.Groskaufmanis - own 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) (b) Financial assistance (e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: Nature and extent of action: Maintain and perform as-needed ordinary and usual maintenace on as-built 3'x 12'hinged ramp and 6'x 20'float,as depicted on survey prepared by Kenneth M. Woychuk Land Surveying,PLLC,dated July 11,2023. � r Location of action: 112 Windjammer Drive,Southold Site acreage: 750 sf Present land use: Vacant parcel improved with bulkhead 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: Janice H.Ziegler•&Karl A. Groskaufmanis 1 (b) Mailing address: 2904 Brians Hill Lane Oakton,VA 22124 (c) Telephone number: Area Code 703-622-3595 (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, USAGE,NYSDOS 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 ❑ 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 N LWRP CONSISTENCY ASSESSMENT FORM ADDENDUM FOR JANICE H. ZIEGLER& KARL A. GROSKAUFMANIS 112 WINDJAMMER DRIVE SOUTHOLD,NY SCTM#1000-71-2-11.5 LWRP Policy 6 The applicants are seeking permission to maintain an existing floating dock and ramp hinged to an existing corrugated vinyl bulkhead, which was authorized by Wetlands Permit 6493 in 2006. In response to a separate application by the previous property owner in 2007, the Board of Trustees resolved to approve Wetlands Permit No. 6656 for a ramp and floating dock. However, issuance of the permit was conditioned upon payment of application fees and submission of revised plans depicting a proposed upweller the applicant indicated would be attached to the dock. As these conditions remained unsatisfied in'2013, the permit was suspended as incomplete at that time. Nevertheless, a review of historic aerial images indicate the ramp and float were installed by the prior owner between October 2008 and September 2009, where the dock remained in June 2021, when the applicants purchased the property. Learning that dock maintenance and repair work requires having a permit in their name and that the dock was not properly permitted, the current owners are seeking to properly permit the dock. To that end, the existing dock conforms to the dimensions of the previously authorized dock and to the "pier line" of the six (6) other similarly situated floating docks located along the bulkheaded easterly shoreline of the canal (see Figure 4). As the north side of the dock is physically separated from the neighboring property to the north by a wood groin on that property, only the south side of the.float is useable for dockage, and it has both sufficient space (7 to 8 feet between the float and southerly property line) and water depth(2.7 to 3 at mean low water). Maintenance of the existing dock would thus cause no changes to or have any adverse impacts on existing navigational conditions or otherwise affect the public and recreational use of the canal; 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 tidal wetlands or surface waters of Southold Town. - SEE ATTACHED ADDENDUM- 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 TITLECoastal Management Specialist DATE October 30,2023 Robert E. rle-nftAn Amended on 811105 S.C.T.M. NO. DISTRICT. 1000 SECTION: 71 BLOCK: 2 LOT(S): 11.5 / O / JvZ l S6st o s/MOi14�Al/P wpp Osjo,, /�'/Nc�°F o�/O PILINGS OGRp/h R(/ST ti• -2.o O 40 _k�� �0' Oh4°NSF 1'/NG SRO 24VN 4. c) .:.:..::.........:.. 1.9 l 1 V 9�T s �9 WELL L 4� It 6 0 3, Mp -,.2 w l 0 `lam -3.2 MFT h, /�\FNc a \ h 44N pp��Rg\� 6y\\o ,F soo -3.0 OF o/RSGpF 4.3 C/qT/R°OPjF MON I ; 0.5'S //RE C \ \ k +tf O Ih. �Ar / \\ 4.3 OCT 31 O . ... /z 2 <q / � / 4o NO Southold Town \ �q w/ N7F 1 Board ofTrus"eas / \\\ CIF✓G NSF pF 2.1�Mp l 11 VO✓g44f 44C Q / / R440 / 4� \\ Z \\ -4.0 2 /O✓NSF pF \\ OJ / / \ THE WATER SUPPLY, WELL., ORYWELLS AND CESSPOOL \ LOCA77ONS SHOWN ARE FROM FIELD OBSERVATIONS \ ''''''• FR<<C OO\ / / AND OR DATA OBTAINED FROM 07HERS. 0 \\� / AREA: 749.76 SQ.FT.or0.02ACRES ELEVAnON DATUM:AREA: O.O -4.3 UNAUTHORIZED AL7ERA77ON OR ADD177ON 70 THIS SURVEY IS A VIOLATION OF SEC77ON 7209 OF THE NEW PORK STATE EDUCA71ON LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED 70 BE A VALID 7RUE COPY. GUARANTEES INDICA7£0 HEREON SHALL RUN \ ONLY 70 7HE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF 70 7HE 7171E COMPANY, GOVERNMENTAL AGENCY AND LENDING INS717U71ON \ Rq LISTED HEREON, AND TO THE ASSIGNEES OF 7HE LENDING INS77TU710N, GUARANTEES ARE NOT 7RANSFERABLE. \\A 7HE OFFSETS OR DIMENSIONS SHOWN HEREON FROM 7H£PROPERTY LINES TO 7HE S7RUCIURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT IN7ENOED 70 MONUMENT 7HE PROPERTY LINES OR TO GUIDE 7HE ERECTION OF FENCE$ ADDITIONAL S7RUCTURES OR AND 07HER IMPROVEMENTS EASEMEN7S -4.4 \ AND/OR SUBSURFACE S7RUCYURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON 7HE PREMISES AT 7HE 77ME OF SURVEY \ SURVEY OF: DESCRIBED PROPERTY CERTIFIED TO: JANICE ZIEGLER; \ MAP OR \ FILED: SITUATED AT: SOUTHOLD TowN OF. SOUTHOLD KE SUFFOLK COUNTY, NEW YORK NNETfi M NOYCHUK LAND SURVEYING, PLLC / Professional Land Surveying and Design , r P.O. Box 159 Aquebogue, New York 11931 FILE /1 223-92 SCALE: 1"=10' DATE: JULY 11,2023 N.Y.S LISC. NO. 050882 PHONE (891)298-1588 PAX(881) 298-1588 JANICE ZIEGLER& KARL GROSKAUFMANIS. 112 WINDJAMMER DRIVE.SOUTHOLD Are _t Figure 1. Looking northwest toward canal over existing ramp and float;and adjacent groin to north. 2 g Figure 2. Looking southeast from canal over existing ramp and float. Z.� fir. N**NC'��' ��••�� <ti "'� �,; �;�' �'4.r Alim :K 4 \ -+ 112 Windjammer ~� 2.. Cam' A�)• !rr .►- Atj S. �+� � � �� •�; � + - � '�'f��-yam•.^ �` •, `. oogle Earth ; . N W T• _7 SOUTHOLD H era x] y � 81 ,fib L.D.43 \ Ell x4yc1 `� Jarol P01 J 0 J Oro m x a m rx srt PSE]]] L "'"'""'� Wr "' — —' °`^" — -- r'-✓' --^-- NOTICE COUNTY OF SUFFOLK © x BOVn10L0 sEcrgR No 65NZ__ ��✓ �{Real Property Tax Service Agency Y PROPERTY INP