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Home My WebLink About1000-103.-13-5.3 t '" KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 . PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) South old, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: James King, President Town of South old Board of Trustees From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: September 20, 2006 (REVISED) Re: Request for Wetland Permit for Deborah Doty SCTM# 103-13-5.3 THE ACTION IS LOCATED IN A NYSDOS SIGNIFICANT FISH AND WILDLIFE HABITAT AREA. Catherine Mesiano, Inc. on behalf of DEBORAH DOTY requests a Wetland Permit to construct a 4'X 80' fixed walk (fiberglass grid material), a min. of 1.5' above grade, 4'X 14' fiberglass grid panel ramp and cantilevered kayak slide (2-4" pvc pipes). Located: 670 West Creek Ave., Cutchogue. SCTM#103-13-5.3 The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of South old Town Code and the Local Waterfront Revitalization Program (L WRP) Policy Standards. Based upon the information provided on the L WRP 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 below Policy Standards and therefore is INCONSISTENT with the LWRP. To further the Policies 9.2 and 9.4; The applicant must demonstrate to the Board that the action fnlly meets the below policies; In addition the LWRP states "Piers, docking facilities, and catwalks must not result in an unnecessary interference with use of public trust lands. Alternatives to long piers or docks include use of dinghies to reach moored boats and mooring in nearby marinas. Dredging solely to accommodate the draft of larger boats is not a recommended alternative ". 9.5 Provide access and recreation that is compatible with natural resource values. .. , > 6.3 Protect and restore tidal andfYeshwater 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 I. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The applicant has not demonstrated that the followinl! 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: [I] Whether the dock will impair navigation or be located in areas of high vessel traffic or vessel congestion; [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shell fishing, waterskiing and other water-dependant activities; [3] Whether the dock will unduly interfere with transit by the public along the public beaches or foreshore; [4] Whether the dock will significantly impair the use or value of waterfront property adj acent to or near the dock; [5] Whether the dock will cause degradation of surface water quality and natural resources; [6] Whether the dock will cause habitat fragmentation and loss of significant coastal fish and wildlife habitats; [7] Whether the dock will result in the destruction of or prevent the growth of vegetated wetlands, seagrasses including eelgrass (Zostera marina) and widgeon grass (Ruppia maritima) or shellfish; [8] Whether the dock will unduly restrict tidal flow or water circulation; [9] Whether the dock will be safe when constructed; [10] Whether the dock will adversely affect views, viewsheds and vistas important to the community; [II] 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 [12] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. 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. i. Provide for free and unobstructed public use of all navigable waters below the line of mean hil!h water for navil!ation. recreation. and other public trust purposes. includinl! the incidental ril!hts of public anchorinl!. 3. Obstruction of navigable waters and underwater lands is limited: J . b. to the minimum necessary for access to navigable waters. The minimum is determined by evaluating the following factors: (i) the extent of the use's dependence on access to navigable waters, (ii) the range of tidal water level fluctuation, (iii) the size and nature of the bodv of water, (iv) the nature of public use of the adiacent waters, (v) the traditional means of access used by surrounding similar uses, (vi) whether or not alternative means to gain access are available. c. by extent and characteristics of the developable adiacent upland area and its ability to support in-water development for the water-dependent use. c. by potential adverse effects on natural resources and their uses, and d. by potential adverse effects on public safety. 9,5 Provide access and recreation that is compatible with natural resource values, A. Provide appropriate access and associated recreational activity that will avoid potential adverse impacts on natural resources. Use the following factors in determining the potell/ial for adverse environmental effects: I. intensity of the associated recreational. scientific, or educational activity, 2. level of likely disturbance associated with the proposed activity. The following types of access or associated activities are listed in decreasing order of potential for disturbance: a. motorized activities, b. active, non-motorized activities, including water-dependent and water-related uses, c. oassive activities, d. avoidance of the area. 3. Sensitivity of the natural resources involved and the extent of the ecological benefits associated with avoidance of the area. D. Provide access using methods and structures that maintain and protect open space areas associated with natural resources. Determine the extent of visual and physical impairment by structures extending through these open space areas based on: 1. the value of the open space as indicated by un-fragmented size or mass of the wetland or other natural resources, distance to navigable water, and wetland value. 2. the size, length, and design of proposed structures Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. . KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAIUNG ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 ~ PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: James King, President Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner L WRP Coordinator Date: September 15, 2006 Re: Request for Wetland Permit for Deborah Doty SCTM# 103-13-5.3 THE ACTION IS LOCATED IN A NYSDOS SIGNIFICANT FISH AND WILDLIFE HABIT AT AREA AND A NYSDEC CRITICAL ENVIRONMENTAL AREA. Catherine Mesiano, Inc. on behalf of DEBORAH DOTY requests a Wetland Permit to construct a 4'X 80' fixed walk (fiberglass grid material), a min. of 1.5' above grade, 4'X 14' fiberglass grid panel ramp and cantilevered kayak slide (2-4" pvc pipes). Located: 670 West Creek Ave., Cutchogue. SCTM#I 03-13-5.3 The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of South old Town Code and the Local Waterfront Revitalization Program (L WRP) Policy Standards. Based upon the information provided on the L WRP 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 below Policy Standards and therefore is INCONSISTENT with the LWRP. To further the Policies 9.2 and 9.4; The applicant must demonstrate to the Board that the action fullv meets the below policies; In addition the LWRP states "Piers, dockingfacilities, and catwalks must not result in an unnecessary interference with use of public trust lands. Alternatives to long piers or docks include use of dinghies to reach moored boats and mooring in nearby marinas. Dredging solely to accommodate the draft of larger boats is not a recommended alternative ". 9.5 Provide access and recreation that is compatible with natural resource values. , I c. A. Provide appropriate access and associated recreational activity that will avoid potential adverse impacts on natural resources. Use the following factors in determining the potential for adverse environmental effects: I. intensity of the associated recreational. scientific. or educational activity. 2. level of likely disturbance associated with the proposed activity. The following types of access or associated activities are listed in decreasing order of potential for disturbance: a. motorized activities. b. active. non-motorized activities. including water-dependent and water-related uses. c. passive activities, d. avoidance of the area. 3. Sensitivity of the natural resources involved and the extent of the ecological benefits associated with avoidance of the area. B. Limit public access and recreational activities where uncontrolled public use would lead to impairment of natural resources. 1. Establish appropriate seasonal limitations on access and recreation in order to minimize adverse impacts on fish and wildlife species. 2. Provide stewardship that is capable of controlling anticipated adverse impacts before providing public access. 3. Physically limit or avoid provision of public access to natural resource areas whose principal values are based on the lack of human disturbance. 4. Provide educational, interpretive, research, and passive uses of natural resources through appropriate design and control of public access and recreation. C. Provide public access for fish and wildlife resource related activities, including fishing and hunting. provided that the level of access would not result in a loss of resources necessary to continue supporting these uses. D. Provide access using methods and structures that maintain and protect open space areas associated with natural resources. Determine the extent of visual and physical impairment by structures extending through these open space areas based on: 1. the value of the open space as indicated by un-fragmented size or mass of the wetland or other natural resources, distance to navigable water, and wetland value. 2. the size, length, and design of proposed structures 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. J I. Provide for free and unobstructed public use of all navigable waters below the line of mean hi!!h water for navi!!ation, recreation, and other public trust purposes, indudin!! the incidental ri!!hts of public anchorin!!. 2. Permit limited obstruction of public use, including navigation, in navigable waters: a. for water-dependent uses involving navigation and commerce which require structures or activities in water as part of the use. b. for commercial recreational boating facilities, provided that the loss of navigable waters and use of underwater lands is offset by sufficient public benefits. c. in order to gain reasonable access to navigable waters from riparian lands. 3. Obstruction of navigable waters and underwater lands is limited: b. to the minimum necessary for access to navigable waters. The minimum is determined by evaluating the following factors: (i) the extent of the use's dependence on access to navigable waters, (ii) the range of tidal water level fluctuation, (iii) the size and nature of the body of water. (iv) the nature of public use of the adiacent waters. (v) the traditional means of access used by surrounding similar uses, (vi) whether or not alternative means to gain access are available. c. by extent and characteristics of the developable adiacent upland area and its abilitv to support in-water development for the water-dependent use. c. by potential adverse effects on natural resources and their uses. and d. bv potential adverse effects on public safety. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. CC: Shawn Kiernan, New York Department of State Division of Coastal Resources ., Town of South old 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 Permit 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 South old 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). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the L WRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the L WRP policy standards and conditions. If an action cannot be certified as consistent with the L WRP policy standards and conditions, it shall not be undertaken. A copy of the L WRP is available in the following places: online at th.\<-. .I,o.wn of.-.:;;.~~. .:::~~:~~ Southold's website (southoldtown.northfork.net), the Board ofTrust~s~ '~';...iIiI!&1 Planning Department, all local libraries and the Town Clerk's office':1 "---'! (C IE ~ VI . ; B. DESCRIPTION OF SITE AND PROPOSED ACTION " D SEP _' ~.GI" ,0 . SCTM# 1000-103-13-5.3 . The Application has been submitted to (check appropriate response): I Southold Town ~ T.". ...... PI~lng D'pt. ".dl', D",t. X .......r ,,". '"''''''11 1. Category of Town of South old agency action (check appropriate re$~=~---'-~J. (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. aooroval, license. certification: Nature and extent of action: PROPOSED CONSTRUCTION OF A 4' X 80' FIXED WALK (FIBERGLASS GRID MATERIAL), MIN 1.5' ABOVE GR., FIBERGLASS GRID PANEL RAMP (4' X 14') AND CANTILEVERED KAYAK SLIDE (2-4" PVC PIPES). Location of action 670 West Creek Ave.. Cutchoaue Site acreage: .7 acres Present land use: sinale familv dwellina 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: Deborah Dotv (b) Mailing address: 670 West Creek Ave.. Cutchoaue. NY 11935 (c) Telephone number: Area Code (631)734-6648 (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. USACOE 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 L WRP Section III - Policies; Page 2 for evaluation criteria. Yes No Not Aoolicable Construction of a dock at this site is proposed in a manner consistent with the current standards and has no impact on the "pattern of development in the town". Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See L WRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No Not Aoolicable The proposed proiect is not located near any historic sites or districts Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See L WRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes No Not Aoolicable There are a number of docks on West (Wickham) Creek. The proposed dock is a low-profile structure. desianed in accordance with current standards and pursuant to NYSDEC recommendations 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 Construction of the proposed dock will be done in accordance with NYSDEC reaulations and Chapter 97 of the Town Code Policy 5. Protect and improve water quality and supply in the Town of Southold. See L WRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes No Not Applicable The subiect site is developed with a sinale family dwellina. Policy 5 has no relevance to construction of the proposed dock. 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 L WRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable Construction of the proposed dock will be done in accordance with NYSDEC reaulations and Chapter 97 of the Town Code Policy 7. Protect and improve air quality in the Town of South old. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 7 is releyant to construction of the proposed dock. Policy 8. Minimize environmental degradation in Town of South old from solid waste and hazardous substances and wastes. See L WRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 8 is relevant to construction of the proposed dock PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources ofthe Town of South old. See LWRP Section 111- Policies; Pages 38 through 46 for evaluation criteria. Yes No Not Apolicable Construction of the proposed dock will have no impact on public access to. and recreational use of. coastal waters. etc .. WORKING COAST POLICIES Policy 10. Protect Soutbold'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 It does not appear that Policy 10 is releyant to construction of the proposed dock on a pre-existina non- conformina residentially developed lot Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See L WRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes No Not Applicable The proposed activity will promote recreational use of marine resources, allow for boat access with minimal disturbance to bay bottom Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See L WRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 12 is relevant to construction of the proposed dock on a pre-existina non- conformina residentially developed lot Policy 13. Promote appropriate use and development of energy and mineral resources. See L WRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 13 is relevant to construction of the proposed dock on a pre-existina non-conformina residentially developed lot Created on 5/25/05 11:20 AM ~ lli I 'is!:~ \ ~ '% I~ 10 ~9r. I"'''' ..>. 'o~'i'- \~")~~ \~~\ , 9~1''' ,~ ':> ~( I -'(\90- " ~l$\ , ","J ",' Ii' o""~ ,0 <J 0' <J' 00,.. *"i}o " " vJ.J'vO' ~~ is'c ~....-: c"" 1.?s> ~t, ~>O l- I:;> Plan View " N w+E Proposed, Dock ,l\ppllcanb Deborah Doty PUrpose, PrIvate MoorIng SGill 1000-103-13-5.3 Situate, Cutchogue Town, Southold Suffolk County, NY Tide Ronqe, 2'+/- Datum, Al.JI'l. 5 SCALE Ill: 401 0!>' \I. ,!!/ii" 0"'n<(J",v.....j0' " v,<:I Y""," 00 :C'(;~'l ~+ ,-0 ,P+-(J 0 r.0,.-l.. ,,* ~" ~(' u +- . r,' 0 (J " 0' "',,/} ')0 -r0~a? "p rP ~u '5 U' j\l J1 0~ ;J, .~l ;.It ,p ""~ 0" 1/' 0,(-( ~J./!J :-p V (eJ..i'J' 00',,<<-' 0''' \>'~" O ( V:-f- 0;.1 '\ ';000' vi') ,'\ ,,' <<-00" (}"'-<. v? ". ,0 co} 0' /} 0 O',,'0~oa? 0'''. ""00 iJ' v co 0\)'" " w " '.0 " L2 " " 0.' '.6 " '2 " '3 " ,.. 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Fox on ~~~06 -03 ) -- ---- - -.- i.___ r.__ H,^, L,^, -----------------~~;E---------~~~rf~:JI Ramp 4' x 14' .. --- ~---', 1--- ---- -- i 4" x 4" 1[' Posts 12' DL. PREPAI<ED BY. SEA LEVEL MAPPING P. o. BOX . 53e RIVERHEAD. NY &.~1_ ""t"')"')_~n !!F....4,. Amended 10-24-03 12-21-04 01-24-05 04-15-05 04-2"1-05 THIS PLOT I'iAS DEVELOPED FROM SURVEYS OF 0'1-06-03