HomeMy WebLinkAbout1000-137.-4-5.1 v
OFFICE LOCATION: q� MAILING ADDRESS:
Town Hall Annex P.O.Box 1179
54375 State Route 25 ":. Southold,NY 11971
(cor. Main Rd. &Youngs Ave.) cia;.
�'� � Telephone: 631 765-1938
Southold, NY 11971
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 15, 2025
Re: LWRP Coastal Consistency Review for En-Consultants on behalf of FRANK
DIGREGORIO & ROSEMARY MAURI KNISE
SCTM# 1000-137.-4-5.1
En-Consultants on behalf of FRANK DIGREGORIO & ROSEMARY MAURI KNISE requests a
Wetland Permit to construct a fixed timber dock with water and electricity consisting of a 4'x44'
fixed timber catwalk constructed with open-grate decking, a 3'x14' ramp, and a 5'x12' floating
dock secured by two (2) 10" diameter pilings. Located: 5765 Stillwater Avenue, Cutchogue.
SCTM# 1000-137-4-5.1
The action is recommended as INCONSISTENT with the LWRP policies 6 and 9 due to the
following:
1. Will the dock breach the 1/3 distance rule measured to the opposite shoreline?
2. The function of the dock to the south could be reduced by vessels mooring on the
existing and proposed dock due to the length, distance, and angles of each.
3. The type of wood used for the pilings (treated or untreated) is not identified.
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
r �
Town of Southold 00,
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 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 aces: online at the Town of Southold's website
(southoldtown.northfork.net), the Board of Trus s Office, the Planning Department, all local
libraries and the Town C°ler office.
B. DESCRIPTION OF SITE AND P OPOSE CTION
SCTM# 137 - 4 _ 5.1 RECEIVED
PROJECT NAME Frank DiGregorio and Rose m Mauri Knise JAN 0:6 �G2
Sout o Town
The Application has been submitted to (check appropriate response): Planning Board
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:
Construct a fixed timber dock(with water and-electricity),consisting of a 4'x 45'fixed timber catwalk constructed with open-grate
decking),a 3'x 14'ramp,and a 5'x 12' "U-shaped float secured by two(2) 10"-diameter pilings,all as depicted on the project plan
prepared by En-Consultants,dated August 13,2024.
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Location of action: '5765 Stillwater Avenue,Cutchogue
Site acreage: 0.236 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: Frank DiGregorio and Rosemary Mauri Knise
(b) Mailing address: 5765 Stillwater Avenue
Cutchogue,NY 11935 ,
(c) Telephone number: Area Code 631-327-1262
(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
e
i
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 within a protected shoreline area of Eugene Creek amongst numerous similar dock structures and
thus in harmony with the visual quality of the surrounding environs.
Attach additional sheets ifnecessary
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
-- 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
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 Eugene Creek.The dock is proposed along a historically developed shoreline amongst numerous similar dock structures,including
Trustees-permitted docks to the north and east.Due to the location and configuration of the property,and the locations and encroachments of the
immediately adjacent docks to the north and south,the dock is positioned according to the"long lake/pie"method of establishing the limits of riparian
rights set forth by 9 CRR-NY 274.5,as required by Section 275-11(C)(2)(a)(5)of the Town Code.The dock is proposed almost entirely within the
applicant's area of riparian rights,except that to maximize its separation distance from the adjacent dock to the south,as recommended by the Trustees
during a pre-submission site inspection on May 9,2024,the float would encroach slightly on the adjacent property to the north. The owners of that
property have reviewed the proposed dock plans and issued a letter consenting to the encroachment;and the Trustees have the discretion to approve
such an adjustment pursuant to Section 275-11(C)(2)(a)(5)of the Town Code.
Attach additional sheets if necessary
WORKING COAST POLICIES
LWRP CONSISTENCY ASSESSMENT FORM
ADDENDUM FOR
FRANK DiGREGORIO &ROSEMARY MAURI KNISE
5765 STILLWATER AVENUE
CUTCHOGUE,NY
SCTM#1000-137-4
POLICY 6
The applicants' dock is proposed along a historically developed shoreline area within Eugene Creek and
amongst numerous similar dock structures, including Trustees-permitted docks to the north and east. Due
to the location and configuration of the property,and the locations and encroachments of the immediately
adjacent docks to the north and south,the dock is positioned according to the"long lake/pie" method of
establishing the limits of riparian rights set forth by 9 CRR-NY 274.5, as required by Section 275-
11(C)(2)(a)(5)of the Town Code.The dock is proposed almost entirely within the applicant's area of
riparian rights,except that to maximize its separation distance from the adjacent dock to the south, as
recommended by the Trustees during a pre-submission site inspection on May 9,2024,the float would
encroach slightly on the riparian rights of the adjacent property to the north. The owner of that property
has reviewed the proposed dock plans and issued a letter consenting to the encroachment; and the
Trustees have the discretion to approve such an adjustment for "navigational or other reasons,"pursuant
to Section 275-11(C)(2)(a)(5)of the Town Code.The dock is otherwise consistent with the "construction
and operation standards" for docks set forth by Town Code Section 275-11(C)(2); and consistent with
"Best Management Practices,"the catwalk would be elevated at least 4 feet above wetlands grade and
constructed with light-penetrating open-grate decking to allow for continued vegetation growth beneath it.
Thus,the project is consistent with the objectives of LWRP Policy 6 and 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 quality or
function of the adjacent tidal wetlands or waters of Eugene Creek.
Policy 10. Protect Southold1 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 DATEOctober 1,2024
Robe etrrrtann
Amended on 811105
WETLAND PERMIT APPLICATION
ADDENDUM FOR
FRANK DiGREGORIO&ROSEMARY MAURI KNISE
5765 STILLWATER AVENUE
CUTCHOGUE,NY
SCTM#1000-137-4
STATEMENT OF EFFECT
The applicants' dock is proposed along a historically developed shoreline area within Eugene Creek and
amongst numerous similar dock structures, including Trustees-permitted docks to the north and east. Due
to the location and configuration of the property, and the locations and encroachments of the immediately
adjacent docks to the north and south,the dock is positioned according to the "long lake/pie"method of
establishing the limits of riparian rights set forth by 9 CRR-NY 274.5,as required by Section 275-
11(C)(2)(a)(5)of the Town Code. The dock is proposed almost entirely within the applicant's area of
riparian rights,except that to maximize its separation distance from the adjacent dock to the south, as
recommended by the Trustees during a pre-submission site inspection on May 9, 2024,the float would
encroach slightly on the riparian rights of the adjacent property to the north. The owner of that property
has reviewed the proposed dock plans and issued a letter consenting to the encroachment; and the
Trustees have the discretion to approve such an adjustment for"navigational or other reasons," pursuant
to Section 275-11(C)(2)(a)(5)of the Town Code.The dock is otherwise consistent with the "construction
and operation standards" for docks set forth by Town Code Section 275-11(C)(2); and consistent with
"Best Management Practices,"the catwalk would be elevated at least 4 feet above wetlands grade and
constructed with light-penetrating open-grate decking to allow for continued vegetation growth beneath it.
Thus,the project is consistent with the objectives of LWRP Policy 6 and 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 quality or
function of the adjacent tidal wetlands or waters of Eugene Creek.
Rochester Cahan &Mei Zhu
5705 Stillwater Avenue
Cutchogue, NY 11935
To Whom It May Concern:
We, Rochester Cahan &Mei Zhu, own property fronting Eugene's Creek known as 5705 Stillwater
Avenue, Cutchogue, New York, which is located north of and adjacent to property owned by Frank
DiGregorio and Rosemary Knise,known as 5765 Stillwater Avenue, Cutchogue,New York.
We are aware of, and have no objection.to,Mr. DiGregorio's and Ms. Knise's proposal to construct a
dock with a terminal float that will encroach upon our waterfront and area of riparian rights, as
specifically depicted on the proposed dock plan prepared by En-Consultants,August 13, 2024.
Rochester Cahan Mei Zhu
STATE OF Vor
ss:
COUNTY OF Me.uj yorv-
On the I I day of ��l ,�',in the year 2024, before me the undersigned, a Notary Public in
and for said State, personally appeared Rochester Cahan personally known to me or proved to me on
the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his capacity' and that by his signature on the
instrument,the individual or the person on behalf of which the individual acted,executed the instrument.
Michelle Hernandez
Notary Public,State of New York
OI HE0018803
Qualified in Queens County NqPl!
commission Expires December 15,20 2
i
The UPS Store#0647
STATE OF We Y���, 1159 2nd Ave.
ss: New York, NY 10065
COUNTY OF Nwj Vcrf<
On the G day of Is
e—D EewiY ,r, in the year 2024, before me the undersigned, a Notary Public in
and for said State,.personally appeared Mei Zhu personally known to me or proved to me on the basis
of satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her capacity, and that by her signature on the
instrument,the individual or the person on behalf of which the individual acted,executed the instrument.
7.
Michelle Hernandez
Notary Public,State of New York
Qual®ed in Queens l383 county The UPS Sfor #0647 Notary Pub
Commission Expires December 15,20 2 1 15�2n
Ave.
New York, NY 10065
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FRANK DIGREGORIO& ROSEMARY KNISE,5765 STILLWATER AVENUE,CUTCHOGUE
OF PROP. DOCK
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Figure 1. Aerial view of subject property and location of proposed dock;and surrounding docks to north, south and east.
April 2021 Image by Google Earth.
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Figure 2. Looking east toward Eugene Creek over location of proposed dock;and at adjacent docks to south (right)and north (left).
FRANK DIGREGORIO& ROSEMARY KNISE.5765 STILLWATER AVENUE.CUTCHOGUE
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Figure 3. Looking west from Eugene Creek over location of proposed(lock,toward subject dwelling.
Suffolk Canty Hagstrom Map 45?°
--
1" 2000' htv�;N � FLEET
e° NECK �...1�
STILLWATER AVENUE
---- --- GC n°
w 150.00' ��
Marsh Pr
51S(ALC�55 via UEI1N0017 W,I
•AN7 EUGENE CM�Q
1 STY FRM. I
15, 15' j DWELLING
—\ I
Cr .t' 1.. = 30'
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QL1 / �� I PROPOSED DOCK
`7,\�` DECK
Notes; �7 eI� ' / / i3 4' x 44' FIXED CATWALK (OPEN—GR T DECKING)
I, Purpose:Private,'nonccmmercial, o CA
boat dockage �A�\ �\ �6� /i %� ./ W O
2, Patum: MLW- 0' -O" I
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3, Water depths(referenced to MLW)
5 ` W
transcribed from hydrog 3' x 14' ALUM. RAMP
raphic survey 4 i � ti /v� � _ ,. ADJ:'DOCK !I �
Prepared by Kenneth M.Woychuk Land O CD
5urveyor,PLLC,last dated 6-27-24 / .t92h" y`�: „ptBR ' m
4. t2ock to be equipped with water and electricity 1 ;$"yA y* (f)
5, Existing marsh vegetation not to be disturbed/ I ��.So '3§.� 5' x 12' FLOAT SECURED
removed during catwlak construction 15'(min: ...... .
) BY (2) 10"—DIAM. PILES
ADJDO
6, Plan ad crossview diagrams are schematic in '
. CK�' �..',.J -
nature and are intended only to establish project "
location,scope,and basic construction details for I
permittinq purposes and are not intended to serve V%
as or substitute for engineeringAPPROX. LIMITS OF RIPARIAN RIGHTS or construction BASED ON "LONG LAKE/PIE" METHODS EX. DOCK
plans for construction purposes \ PURSUANT TO 9 CRR—NY 274.5 ��
7, Project location: 5165 Stillwater Avenue,Cutchoque;
5erm NO,1000-137-4-5.1 \
WOP05�P BOCK FOP, MANK nIG 6000 E N - CONSULTANTS _ _ —
ANn p05WMY KNI5� ON �UrAM 0M, 1319 NORTH SEA RD.
CVCHOGU�, 5UFFOI K COUNTY, NY SOUTHAMPTON, NY 11968
5H�ff I OF 2 6-13-24, 10-22-2-', 12-13-24 631-283"6360
5�CT ION T WU MOP05N2 POCK
+61'
j----+12' FI917 11MM, CATWALK
12' FI.OAf
6" CAP5 ANn 5fRIN6 5 t?AMP
I OMWCAM 12�CKING
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MLW- O'-0"
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8" x VAP.. LENGTH 5UPPOPf P05T5
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<2> 10'' x+50' PU5 TO 51�CU f FLOAT
PPZOp05�19 POCK FOP, FMK nl6k�6000 E N - CONSULTANTS
ANP k05WAPY KN15� ON MOON CPEM 1319 NORTH SEA RD.
CUTCH064 5UFFOI K COUNTY, NY SOUTHAMPTON, NY 11963
5H�I�T 2 OF 2 8-13-24, 1022-24, 12-13-2 631-283-6360
S.C.T.M. NO. DISTRICT: 1000 SECTION: 137 BLOCK: 4 LOT(S):5.1
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/STILLWATER AVENUE
1 EDGE OF PAVEMENT
---- ---W.M------ '�� 150.00'
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55.00' ;-STIED': 0.5'S 16.3' i� yl/ % TI DEWWETLAND BOUNDARY
FILED MAP 0 P/0 LOT 14 ���i� I ��_' EN CONSULTANTS 06-02-22
LOT LINE BOUNDARY RAC �� ` /� / �$� �� tI•g N56;9�07'E—-
$8 6 % ta3i`--
P/o Lora 8g`°?3�\\�1 / / �'`'I ,,.- __
LAND N/F I
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MICHAEL&JOAN FURsr 5 1 ! °j' ; %7' FLOA
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RECORDED DEED LIBER 11246 PG. 378 DIFFERS FROM LOT LINE MODIFICATION. i !
REAL PROPERTY TAX SERVICE AGENCY OF SUFFOLK COUNTY DOCUMENTS DATED EUGENE CREEK
SEPT. 24, 1974 REFERENCE REnREMENT OF PREVIOUS LOT NUMBER AND DIMENSIONS. CATWALK MP FLOAT
LOT DIMENSIONS AS SHOWN ARE FROM FIELD OBSERVATIONS, COMPUTATIONS AND DATA OBTAINED )
FROM OTHERS. i
i
THE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL t
LOCA71ONS SHOWN ARE FROM FIELD OBSERVA77ONS +
AND OR DATA OBTAINED FROM 07HERS. i, FLOAT
FIRM MAP #36103C0163H `
AREA: 10,274 SQ.FT. or 0.24 ACRES ELEVAnON DATUM: NAVD88
UNAUTHORIZED ALTERA77ON OR ADDIAON TO THIS SURVEY IS A WOLA77ON OF SEC77ON 7209 OF THE NEW YORK STA7F EDUCA77ON 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 774E 777LE COMPANY, GOVERNMENTAL AGENCY AND LENDING/NS7/7U77ON
LISTED HEREON, AND TO 774E ASSIGNEES OF THE LENDING 1NS777U770N, GUARANTEES ARE NOT 7RANSFERABLE.
THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM 7HE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE
NOT INTENDED TO MONUMENT 774E 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 GUARANTEED UNLESS PHYSICALLY EVIDENT ON 7HE PREMISES AT THE 77ME OF SURVEY
SURVEY OF. LOT 15 & P/O LOT 14 CERTIFIED TO: FRANK DIGREGORIO;
MAP OF: FLEETWOOD COVE
FILED: JULY 1, 1938 No.1263
SITUATED AT. CUTCHOGUE
TOWN OF. SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC UPDATE & STAKE DOCK 06-27-24
SUFFOLK COUNTY, NEW YORK _ Professional Land Surveying and Design REVISE PROP. CATWALK/DOCK LOCATION 06-24-24
P.O. Bog 153 Aquebogue, New York 11931 STAKE PROP. SHED 02-15-23
FILE # 14-161 SCALE: 1"=30' DATE:OCT. 24, 2014 + PHONE (631)298-1588 FAX (631) 298-1588 ADD PROP. SHED 01-21-23
N.Y.S. LISC. NO. 050882 melntelnina the recorda of Robert J. Hennee®y k Kenneth Y.lloychnlc