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HomeMy WebLinkAbout1000-70.-5-31.2 OFFICE LOCATION: S® 'y®�® MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 Telephone: 631 765-1938 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: Glenn Goldsmith, President Town of Southold Board of Trustees From: Mark Terry, AICP LWRP Coordinator Date: January 16, 2024 Re: LWRP Coastal Consistency Review for DANIEL T. & JUSTINE T. SWEENEY SCTM#: 1000- 70. - . - 3 I.2- En-Consultants on behalf of DANIEL T. & JUSTINE T. SWEENEY requests a Wetland Permit to construct an "L" shaped fixed timber dock (with water and electricity), consisting of a 4'x89'fixed timber catwalk constructed with open-grate decking;and a 4'x16' terminal platform (with ladders). Located: 647 Pine Neck Road, Southold. SCTM# 1000-70-5-31.2 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 policies and therefore INCONSISTENT with the LWRP. 6.3 Protect and restore tidal and freshwater wetlands. 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 The applicant has not demonstrated that the following dock standards pursuant to § 275-11. Construction and operation standards have been met. (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: (61 Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; The continued placement of private residential docks within Jockey Creek could adversely affect the ecology of the water body. Water depths are shallow in the waterbody and in proximity to the proposed dock. The installation and use of the proposed dock may promote power boat traffic and the possible following negative impacts may occur: 1. Degradation of water quality 2. Re-suspension of bottom sediments and turbidity [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; The application does not discuss cumulative impacts to the waterbody. 9.4. Assure public access to public trust lands and navigable waters. E. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. 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: Honorable Lori Hulse, 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 nifg icant 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# 70 - s _ 31.2 DEC 21 2023 PROJECT NAME Daniel T. and Justine T.Sweeney Sout of Town 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: VIIJ Nature and extent of action: Construct an"L"-shaped fixed timber dock(with water and electricity),consisting of a 4'x 89'fixed timber catwalk(constructed with open-grate decking)and a 4'x 16'terminal platform(with ladders),as depicted on the project plan prepared by En-Consultants,dated November 13,2023. r Location of action: 647 Pine Neck Road, Southold Site acreage: 39.154 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: Daniel T.&Justine T. Sweeney (b) Mailing address: 40 Jewel Street,#1 Brooklyn,NY 11222 (c) Telephone number: Area Code 917-270-5355 (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. ❑Yes1:1 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 developed shoreline characterized by numerous dockage facilities,such as a marina to the west and private dock structures to the east and north, including a similarly configured fixed"L"-shaped dock on the easterly adjacent property approved by the Trustees in 2020(Wetlands Permit No. 9644).Thus,consistent with Policy 3,the dock would be harmonious 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 would be consistent in all ways with the Trustees'policies and the"construction and operation standards"for docks set forth by Town Code Section 275-1 l(C)(2);and it is located along a developed shoreline characterized by numerous dockage facilities,such as a marina to the west and private dock structures to the east and north,including a similarly configured fixed"L"-shaped dock on the easterly adjacent property approved by the Trustees in 2020(Wetlands Permit No.9644). The catwalk will be constructed with untreated,light-penetrating,open-grate decking and elevated at least 4 feet above the grade of vegetated wetlands;and because it reaches 24 but not 30 inches of water depth at mean low tide,the seaward end of the dock would be equipped with a fixed"L"-shaped platform rather than a float. Thus, consistent with Policy 6,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 Jockey 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 The proposed dock and associated watercraft would extend seaward a distance well less than one-third of the 225-ft width of the waterway;the proposed dock would be situated at least 15 feet from the laterally extended easterly side lot line; and its seaward encroachment would be less than that of the one adjacent dock to the east. Therefore, 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 Jockey Creek. Attach additional sheets if necessary WORKING COAST POLICIES 10 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 DATENovember 13,zoz3 Robert E. Herrmann Amended on 811105 o �-'-.---` I CantyHagArom Map 44'�y �c� I toot 1, Purpose.private,noncommercial, $DUII10�fJ CQ NILL R��RPg I _ 2000 K,M •C�� W Hs 9�N `� RD Q�e 9 `` \ '��J boat dockage SItE C ACC�55 via PINS NECK t:17, w e° o Harper Pt 2. Patum: MM- 0' -0" x C� 3, Water depths(referenced to MM �s AN7 JOCKEY CrtEK 1. L4 ��s� transcribed from hydrographic survey JOCKEY CHEEK OR Q j \ \ J prepared by Kenneth M.Woychuk Land 3 '`NE 5urveyor,PLI.C,last dated 10-15-2023 `-� �_' op, p 9 _ ,� ,� ,�� ` a� ,�., 4. bock to be equipped with water and electricity [� o EQ i , ,� ,� ,�'• y�- !1 Plan and crossview di rams are schematic in I E EC P�StD N y PD \ \ ,,P 3 tSD�tN 9 N SS G 9 ND ' nature and are intended only to establish project coal m o m a so t\ '` '` 6'°f, location, scope,and 6a6ic construction details for 4 � x CUSTEH W s P�3 N� � -r � YC , IOId �0�� o r Y cl '` '` '`�, permitting purposes and are not intended to serve o Custer CLEADVIEW �^ o 1 t\ mm¢ Inst ut 2 s N 1, 14 \ — sr• r, as or substitute for engineering or construction p plans for construction purposes 6. Project location: 647 Pine Neck toad, _-- _ -- 1 a� \ \�•�6'' �f' 3 5outhold; SCtM No. 1000-70-5-51.2 IAOV 4 CP ii PROPOSED "L"—SHAPED FIXED DOCK CONSISTING OF 4' x 89' CATWALK AND 4' x 16' PLATFORM (WITH LADDERS) 09 1 1 STY FRAME DWELLING O� c �Oh U.P. DRI EWAY EN-CONSUL TARTS PPZOPO5�12 F19P POCK FOP PANEL T, O 1319 NORTH SEA ROAD ANP JU5fW T. 5MN�Y ON JOCKEY N OOUTHANIRTON, NY 11968 CZM, 50UTHOLP, 5UFFOLK CO,, NY 631- 83-6360 5H��f I OF 2 I I-13-23 N Nov 222023 5�CTION TNpU PPIOPO5�n "L 5HM; P FIX�P POCK o S TOP OF FE Na PI&Q�I .8,4 MI W) OP�N"GC?ATE f7�CKING � 4' C min.) 6" CAP5 ANP 5TRING�f;5 4' Wln�PI ATFOpM MHW- 2' -6" MM- 0'-0' I APM,5 C ff.) ` IM NM Lu 8" x VAP..I,MTH 5UPPOPf P055, +6' -8' O,C„(TW.) EN-CONSULTANTS MOPO5�P FI9P POCK FOP, PANEL 1', 1319 NORTH SEA ROAD ANP JU511N� 1', 5MN�Y ON JOCKEY SOUTHAMPTON, NY 11963 CkM, 50UfHOW, 5UFFOLK CO,, NY 631-283-6360 5HETf 2 OF 2 11-13-23 i � eEE 9EC NO 0fil J sEE eEc.la sa, ,, "°a`'°BN e«rcn I,E °Imol 04x0.d1 ��� I ` 2mt m i ��� � � 1Wc1 M.1 3• / 00.,�a1 n ° ^'§� S NTT1 11 a Rp LtlNla rt.3yc1 as ° 'nax :�i:PoVFW �� p1•° .., °T�. e r 3aWq e � I° • -® 'u ax u3 { .i'- ° e.,A I,•s C ) swTNan scRoa lNsmcTlws a . m0„ -0;:' 1° )) y �/ @-Ma —12 aeoaae ---� a2Na �i @-tap '0°�Y •,p,A t Y lm 1 � �d m 1's°N°a 12ixq lama -1A& 1 WU 1°4 (° '•� ' CREEx 011. NVI a° S21 , —' � °1 • - — _ --'... ,;,,�,.r�N , I 91 w la ,sa i^`;^T M T \as ,�\a `� LMIa/ p s � ` L,NcI M © ' ° aTNa ,m,m+u um _1 ! SI A ,ANT iA \Y T♦ '2 ��w ° �Ncl / SOUTMOLD eQYERr�' ~ vayq ,,,c,r� w l ♦ �� g �1a1 %Eg15 w m `A° �/ 3)Nq Zee 3i ' I1A ouE E 1° T°e 1B � 1)° ltl p TD e2, ea � IMIa i\0 R°1 ]la 16 m lam a\ �„ � OG IiN 1'1A © " °1 e a s 3e 36 § a o m �,� 9 '° szM � m A � • B� �, zaA m � aE,umEW 3° / 2I m a ,+ D `§ • £ rs, 9 - ° 4'1,r °m a! a ) m u M aT E .'Q E � d tsMq aE.vmEw�. " 3 tl w ss s> az` w .,s y M- w w m o.• ` ICY m m m u w b ,°°N,N " m euo, m.m oR INx No yy ewnuP 6i • i y.x grill a\ • �EO1�M6��' �tQs 'A - O °a � iA/.♦ TOWII� � ae n xB3 aaA 1 Wq� 2e.1 as �rtl d m _ _ __ _- \ may/ SWTROLD 3ii y , �Mlpf � Om� ♦ r / COUNTY OF SUFFOLK © x m a sou7R0Yn 6ECTION NO Real Property Tax Service Agency v N —__ re 070 0.r.r n .. ,a,h..�x'N' m..u. --.-- m.m,�--r-- yY✓:. F Im iwc�°o fees PROPERTY IMP DANIEL T. &JUSTINE T. SWEENEY,647 PINE NECK ROAD,SOUTHOLD WIN 34•'!;'""r .+mac.._ -- - _ a }r S Y Figure 1. Looking northeast toward Jockey Creek over location of proposed"L"-shaped fried dock. i t -WT V IF a .t if VI _ n4 a Figure Z Looking southwest at suhiec•t properti,front.locke 1,Creek, over loc•atiou of proposed "L"-.chaperl fixed dock. DANIEL T.&JUSTINE T. SWEENEY,647 PINE NECK ROAD,SOUTHOLD Figure 3. Looking east along subject shoreline over location of proposed`Z"-shaped fixed dock and at existing "L"-shaped fixed dock on adjacent property to east. Legend f 2006 30 Pond Ln 46 "647 Pine NII;k Rd ,Oogle Earth NI r Figure 4. .1 erial image of subject property and surrounding dockage facilities to east, west,and north. S.C.T.M.# DISTRICT 1000 SECTION 70 BLOCK 5 LOT 31 .2 0 TIDAL WETLAND BOUNDARY X X m1 AS DELINEATED BY ��< X A0 \ �` EN-CONSULTANTS 05-24-23 �` \ X X 01 \ �0 X X Y\ u X >t\ \FIPE ` � X X \ X X \ /� �\STK ` \ \�Y•`��� X X\ \\ '+ .! ��o j X F l X X \ d so .: X k \ �OOO t \\ \`��\ �lp2F� X X \ \ \ \ PIPE TOP RAIL ELEV 8.4(MLW) ' �i PSG � ��'::::' �,°.•: �o \ �\°s+ �, 0Zill \ STK. I S• l� \`?�. =.1 STY FF2AME: \`,F�'� LAND N/F Or i 1 ` �6`. DWELLNG#647'.. ' JQ3 JOHN M LADEMANN STK. 07 NWOOD s:;••.• % I G, U.P. STOOP O f , !� INN f DIRT/,DRIVEWAY G, S 1 �TF STK. MON. I 0.3' 70 ``pp s \ O t N 0.5 STK. LAND N/F OF BRIAN OREILLY -184-0 DI DRIVEWAY 120.81' cp 0 — — — _ IPE 6: N 86026'00" W 86 91U.P. 6.691 860N'0 „E o LAND N/F OF \ ROBERT KOWALSKI 0J�`�'� 023 Arb O \G \ N y,� O z A6 MON. \ \ N 83 27'30" MOH. / 0.7C 00 go / � LAND N/F OF BRIAN OREILLY t � � og - - ' N LAND N/F OF MARK OSMER z N 83 045'00"W LOC. FENCE 10-15-23 20.00-, LOC. WETLAND BOUNDARY 05-24-23 FINE NECK ROAD FEMA MAP#36103C0166H EFFECTIVE 09-25-2009 SHORELINE & DEPTH SOUNDINGS SHOWN THUS: 2.3x REFRENCE MLW 0.0 DATUM AREA: 39,154 S.F. or 0.90 ACRES ELEVATION DATUM. NAVD88 (UPLAND TOPOGRAPHY) UNAUTHORIZED ALTERA77ON OR ADD17ION TO THIS SURVEY IS A WOLA77ON OF SECTION 7209 OF' THE NEW PORK STATE EDUCA77ON LAW. COPIES OF THIS 3URVEY MAP NOT BEARING THE LAND SURVEYORS EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARAN7EES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF 70 THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INS777UTON LISTED HEREON, AND TO 7HE ASSIGNEES OF THE LENDING INS7177J77ON, GUARAN7EES ARE NOT TRANSFERABLEE, THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM 771E PROPERTY LINES TO THE S7RUC7URES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE 7HEY4RE NOT IN7ENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADD17IONAL STRUCTURES OR AND OTHER IMPROVEMENTS EAXMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON 7HE PREMISES AT 7HE 77ME OF SURVEY SURVEY on DESCRIBED PROPERTY CERTIFIED TO: DANIEL T. SWEENEY; MAP OF: JUSTINE T. SWEENEY; FILED: SITUATED AT: SOUTHOLD TOwN OR SOUTHOLD SUFFOLK COUNTY, NEW YORK KENNETH M 1�OYCHUK LAND SURVEYING, PLLC Professional Land Surveying and Design THE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL Af, 4/ P.O. Box 153 Aquebogue, New York 11931 LOCATIONS SHOWN ARE FROM FIELD OOSERVA77ONS FILE #223-28 'SCALE:1"=30' DATE:MARCH 8, 202 N.Y.S. LISC. NO. 050882 PHONE (631)298-1588 FAX (631) 298-1598 AND OR DATA OBTAINED FROM 07HERS.