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HomeMy WebLinkAbout1000-137.-4-8 OFFICE LOCATION: so MAILING ADDRESS: Town Hall Annex °` ® P.O. Box 1179 54375 State Route 25 Southold,NY 11971 (cor. Main Rd. &Youngs Ave.) ® �p� Telephone: 631 765-1935 Southold, NY 11971 COUN�,� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: Glenn Goldsmith, President Town of Southold Board of Trustees From: Mark Terry, AICP LWRP Coordinator Date: March 19, 2024 Re: - LWRP Coastal Consistency Review for NEAL & LISA ELKIN SCTM# 1000-137-4-8 En-Consultants on behalf of NEAL & LISA ELKIN request a Wetland Permit to Construct an "L" shaped fixed timber dock (constructed with open-grate decking and equipped with water and electricity), consisting of a 4'x64' fixed timber catwalk and a 4'x10' terminal platform (with ladder). Located: 105 Fleetwood Road, Cutchogue. SCTM# 1000-137-4-8 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 and the records available to me, I recommend that the proposal is INCONSISTENT with LWRP Policies and with the LWRP. The proposed action is located within a New York State Department of State Significant Fish and Wildlife Habitat Area, a New York State Critical Environmental Area and a Peconic Estuary Critical Natural Resource Area. 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 listed policy standards provided below. 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. 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 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions The applicant fails to prove that the action meets the following requirements § 275-11 Construction and operation standards C. 2 (d) of the Southold Town Code: [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats, 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. It is recommended that in the event the action is approved, a significant non-disturbance buffer encompassing the wetland vegetation be established to mitigate the local impacts from the dock structure. [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, and The construction method has not been identified. § 275-11 Construction and operation standards requires that all intertidal construction and excavation employ the installation of a silt boom that will retain all suspended sediments within the immediate project area. [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. 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 e 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 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. B. DESCRIPTION OF SITE AND PROPOSED ACTION RECEIVE® SCTM# 137 - 4 - s [MAR 14 2024 PROJECT NAME Neal and Lisa Elkin Sit of d Town Planning Board The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board Trustees Category of Town of Southold agency action (check appropriate res.onse): (a) Action undertaken directly by Town agency (e.g. capita ❑ construction, planning activity, agency regulation, Ian ransaction) El(b) Financial assistance (e.g. grant, loan, subs' y) (c) Permit, approval, license, certification: Nature and extent of action: Construct an "L'-shaped fixed timber dock(constructed with open-grate decking and equipped with water and electricity),consisting of a 4'x 64'fixed timber catwalk and 4'x 10'terminal platform(with ladder), as depicted on the project plan prepared by En-Consultants, dated January31,2024. Location of action: 105 Fleetwood Road,Cutchogue Site acreage: 9,105 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: Neal and Lisa Elkin (b) Mailing address: 255 west 84th Street,Apt.313 New York,NY 10024 (c) Telephone number: Area Code 646-221-8146 (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 is located along a developed shoreline surrounded by numerous Trustees-approved dock stuctures to the west,east and north, including an "L"-shaped floating dock on the adjacent property to the east(Wetlands Permit No. 7041,2009);a fixed dock structure located two properties to the west(Wetlands Permit No.3671, 1988);a"T"-shaped floating dock located directly across the creek to the north(Wetlands Permit No. 8940,2017);and an"L"-shaped floating dock located three properties to the east(Wetlands Permit No.7584,2011). There is also a floating dock with no apparent permit record located three properties to the west. 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 entire dock would 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 11 Not Applicable The proposed dock is located along a developed shoreline surrounded by numerous Trustees-approved dock stuctures to the west,east and north. Because the dock cannot reach 30 inches of water depth within the seaward encroachment limitations allowed by code, an "U-shaped fixed dock is proposed to avoid potential bottom disturbance by a float. And the entire dock structure will be constructed with untreated,light-penetrating, open-grate decking and elevated at least 4 feet above the grade of vegetated wetlands to allow for tidal marsh vegetation to continue growing beneath it. 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 Eugene 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 [-] NON 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 Compliant with Town Code Section 275-11(C)(2)(b)(2),the proposed dock and associated watercraft having a maximum berth of 7 feet would encroach upon no more than approximately 29 feet or one-third of the approximate 88-ft width of the waterway. The proposed seaward extent of the dock is also consistent with Section 275-11(C)(2)(c)(1)(c)with respect to existing pier lines. Due to the narrow,approximately 30-foot width of the parcel's shoreline,it is not possible to maintain a 15-foot clearance from the laterally extended property lines pursuant to Section 275-11(C)(2)(a)(5). Therefore,given the Trustees'discretion to allow for different clearance based on"navigational or other reasons,"the dock's location and alignment have been specifically designed to optimize separation distances from the nearest dock to the east,whose watercraft need not travel west and in front of the proposed dock in order to dock or launch from that structure;and from the waterfront of the adjacent property to the west,so as not to interfere with the neighbor's access to waters or potential dock on that property. Therefore,consistent with Policy 9,the proposed dock would not adversely impact navigation or otherwise affect the public and recreational use of Eugene 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 BY TITLE coastal Management Specialist DATEJanaary 31,2024 Robert E. He Min Amended on 811105 NEAL&LISA ELKIN 105 FLEETWOOD ROAD CUTCHOGUE,NY SCTM#1000-137-4-8 The proposed dock is located along a developed shoreline surrounded by numerous Trustees-approved dock structures to the west,east and north, including an "U-shaped floating dock on the adjacent property to the east(Wetlands Permit No. 7041,2009); a fixed dock structure located two properties to the west (Wetlands Permit No. 3671, 1988);a "T"-shaped floating dock located directly across the creek to the north(Wetlands Permit No. 8940, 2017); and an "L"-shaped floating dock located three properties to the east(Wetlands Permit No. 7584,2011). There is also a floating dock with no apparent permit record located three properties to the west. Compliant with Town Code Section 275-11(C)(2)(b)(2),the proposed dock and associated watercraft having a maximum berth of 7 feet would encroach upon no more than approximately 29 feet or one-third of the approximate 88-ft width of the waterway. The proposed seaward extent of the dock is also consistent with Section 275-11(C)(2)(c)(1)(c) with respect to existing pier lines. Due to the narrow, approximately 30-foot width of the parcel's shoreline, it is not possible to maintain a 15-foot clearance from the laterally extended property lines pursuant to Section 275-11(C)(2)(a)(5). Therefore, given the Trustees' discretion to allow for different clearance based on"navigational or other reasons,"the dock's location and alignment have been specifically designed to optimize separation distances from the nearest dock to the east,whose watercraft need not travel west and in front of the proposed dock to dock or launch from that structure; and from the waterfront of the adjacent property to the west, so as not to interfere with the neighbor's access to waters or potential dock construction on that property. The dock design is otherwise consistent in all ways with the Trustees'policies and the "construction and operation standards" for docks set forth by Town Code Section 275-11(C)(2). For example, because the dock cannot reach 30 inches of water depth within the above referenced waterway encroachment limitations, an"L"-shaped fixed dock is proposed to avoid potential bottom disturbance by a float; and the entire dock structure will be constructed with untreated, light-penetrating, open-grate decking and elevated at least 4 feet above the grade of vegetated wetlands to allow tidal marsh vegetation to continue growing beneath it. For all the reasons stated above,the proposed dock would not adversely impact navigation; 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 Eugene Creek. f Notes; Map I, f uryose; private,noncommercial, Suffolk Cou"�N�strom M P 45 boat dockage 1" = 2000' ce F�EET v ' _VPq� N\CK (�' E 2. 17atum; MI W- 0 -0" �� Dv 3. Water depths(referenced to MLW) transcribed from hydrographic survey 2�24 prepared by Kenneth M,Wogchuk band F EB `Z Surveyor,PI LC, last dated 10-31-2023 4. bock to be equipped with water and electricity \\,r•' °, °Q°'° Qo i Southold Town 5, plan and crossview diagrams are schematic in Board of Trustees nature and are intended onlg to establish project �S location, scope, and basic construction details for Marsh Pr fl permitting purposes and are not Intended to serve ,_': %; 5ITF C ACC�55 via FL.F TwOOf7 E19, Harbor as or substitute for engineering or construction ML?�IJC S C �K) plans for construction purposes :± 6. project location; 105 Fleetwood P.oad, Cutchogue; ��. ,Do 5CTM No, 1000-137-4-8 W PROPOSED "L"—SHAPED FIXED DOCK w CONSISTING OF 4' x 64' CATWALK (WITH OPEN—GRATE DECKING) & 4' x 10' PLATFORM CD +i Q +i 9 N/ BELlb'ED LLC W �x........1. �. �I w TYP. VESSEL o, H `'�j i .•`�� ° x - O MAX. BERTH 7 ) x•.. If �• t w ,,� o•. 0�+2 \ ;. �° SAND w Q ca i `'' r•" ��' ''' WOOD RR TIES PATIO AD— B "' •.. ''{.. I ��`�'..`;� I 2 STY DWELLING v x$ H '• \r \ �t OO .. '4• , ; 1\ •\ a DRIVEWAY Ln 30' N EN-CONSULTANTS °00 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 631-233-6360 PP\OPO5�P F19P 12OCK FOP NM ANn L15A MIN ON �Zft CPM, CUfCH06T, 5UFFOLK CO,, NY 5HF�f I OF 2 1-31-24 i� U- 2 5�C110N TH1;U PI?Op05�b -5HAP P F102 POCK 64' "I. -SNAP�CI FI9n TIMMp POCK C;Or'l NANf7t?nAll 5 MR) OPE;N-GM 17�CKING 6'' CAP5 ANP 5TPIN2P,5 4' \MP PIMATFOpM 4' (min) '~�I MAX,IXM, �X,GPAt7� MNW- 2' MI.W- O'-O" NM � TX, IM +I +22 8'' x VAP..L,�NGTN 5UPPOPf PDX5, +I' -8' O,C„ (TW,) EN-CONSULTANTS 1319 NORTH SEA ROAD MOP05�P F102 POCK FOP NSA. SOUTHAMPTON, NY 11968 AN12 L15A BAN ON �ZM C&K, 631-233-6360 CUTCHO64 5UFFOl K CO,, NY 5H��f 2 OF 2 1-31-24 S.C.T.M. N0. DISTRICT. 1000 SECTION: 137 BLOCK: 4 LOT(S):8 / 6 / U \ / F�oP 4,> V -35°x \ ; / -24 12' / -------------�\ oP( -33°x30°�/ '24// 0 40 o P, \ i ' \ DEPTH SOUNDINGS,MHW&MLW \ &SPOT ELEVATIONS / �.•��, \��fi \ REFERENCE MLW 0.0 DATUM \\ o :G��S /2 \ MHW 2.4 ALONG TIMBER TI "• •••: M(AV. .r' / % :.011• TIDAL WETLAND BOUNDARY AS DELINEATED BY 2.4 EN-CONSULTANTS \ PO Si SW2.0 OCT.31,2023 x� NJ 3.0 �ST � BW2.5 .7x 3.5 BK3.3 EL 3.3(WETLAND BOUNDARY) 2° o / 4.5x m / ON(-4 / N 4.5x N� N t UPLAND TOPOGRAPHY SHOW / N " 8.3f: IN NAVD8B DATUM 4` � . ...: 3.2' TIMBER WALL ~ STONE LAND N/F OF PATIO THOMAS G LAMBERT 10- __ LAND N/F OF WOOD SrooP _ '-10 BELNED LLC 15.0' SHOWER^N_':::•i:•:::•::•• ::::::.... `2NB FLR:.:::....::: DECR - 2.3'•— . ' 05,E BI 0 12— _ a: c •::: •::•::::::•:: OVERE o•.:'::.:':.':.':.e OOP \STAKE .... 70 :•2'STY DWE�iLING•::. •DWELLING: 12 �......#105 :"•2.5 .l ::.... 14, r Q 203 COVERED PORCH j W 15.2' !! o o°no GRAVEL DRIVEWAY BELG.BLOCK ,g CURB i J 14 F E B - 2 2024 30.85' MON. -- 8ROKE6W'00 0"A, BELG.BLOCKAPRON BMON.N Southold Town �j ,s-- `"� Board of Trustees FLEETWOOD ROAD _ _ EDGE OF PAVEMEM ,{ U.P. U.P.Y THE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL LOCATIONS SHOWN ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS AREA: 9105.4 SQ.FT. or 0.21 ACRES ELEVATION DATUM. MLW_OYO & NAVD88 UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLA77ON OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYORS 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 TI7LE COMPANY, GOVERNMENTAL AGENCY AND LENDING INS77TU77ON LISTED HEREON, AND TO 774E ASSIGNEES OF THE LENDING INSTITUTION, 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 774E EREC77ON OF FENCES, ADD177ONAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE 77ME OF SURVEY SURVEY OR DESCRIBED PROPERTY CERTIFIED TO: NEAL ELKIN; LISA ELKIN; MAP OF: FILED: SITUATED AT-.CUTCHOGUE TOWN OR SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design "tOCA4 P.O. Box 153 Aquebogue, New York 11931 FILE #223-154 SCALE:1 "=30' DATE:OCT. 31 , 2023 PHONE (831)298-1588 FAX (631) 298-1588 N.Y.S. LISC. NO. 050882 ws 4 i , / p %' 1Y / S t fdxae / /T / h.• -t '3 S f' . � ! �/ /P Tom(. ( O /.b( ,`• `` /�t'�A'� ,�:. ... -, - J 1 =,>J � / / 'L'(�+; j,( , / ..-6.•i j�/ mot;.. 4. ' _ r a i rf� n� i r5t fr t m� \ 1 1r t r m .F i" t / t! �'• to r2All JI `� `�� �/ •,,\ -ft 't ..d� d' / s o� �' 13a •i d(„ y�+�_ y,s:., ;'/� ,.. :. +_ram -t 1 / ar�"" - - 71 rev � \<.• a .�� -� • � :, ♦ �` ,as JI d ! t! \ \\ \, •'`, `.1 \ C x++\� a / zd :a/ tr . Yi tt zt— ,". s �_ '• / /fr •.\O�./,�,�^,/ a.1 ; T;; 1\,an` < t, � �� r...�+1++"' -�l_�.���'..\'t•.,`_ '��.,w , `� /j t•�; ;,,. - t•i �:',.� �t' �/ � ' t b5 4 \t „i� � d \ s \°.fie � � e \ "a""� ns/ d..r� ,'\ t .., •i' ZI nw 1y i 55 t• 5 ,t ti 1 , Y. t� t,."�`�`'n'.=n.,M ....�....,.a,.+..,,,ea,:.. .. — ,.. 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