The URL can be used to link to this page

Home My WebLink About1000-115.-17-17.12 r . KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAIUNG ADDRESS: P.O. Box 1179 Southold, NY 11971 / \1 4 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTH OLD To: James King, President Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner L WRP Coordinator Date: November 15,2006 Re: Request for Wetland Permit for HERIBERT ORTH SCTM# 115-17-17.12 THE ACTION IS LOCATED IN A NYSDEC CRITICAL ENVIRONMENTAL AREA. Catherine Mesiano, Inc. on behalf ofHERIBERT ORTH requests an Amendment to Permit #6047 to revise the design of the previously approved dock to a 4'X 42' low-profile (fiberglass grid) dock with fixed 6'X 12' north-facing "L" at the seaward end on 6" piles with 10' penetration and one 6" pile off the south end of dock, and a One-Year Extension to Permit #6047, as issued on December 20, 2004. Located: 640 Willis Creek Rd., Mattituck. SCTM#115-17-17.12 The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (L WRP) 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 below Policy Standards and therefore is INCONSISTENT with the LWRP. The applicant HAS NOT demonstrated that the action fullv could meet or further the below policies. In addition the LWRP states "Piers, dockingfacilities, and catwalks must not result in an unnecessary inteiference 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 ". 6.3 Protect and restore tidal andfreshwater 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. ,. J The applicant has not demonstrated that the followin!! dock standards pnrsnant 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: [1] Whether the dock will impair navi!!ation or be located in areas ofhi!!h vessel traffic or vessel con!!estion; [2] Whether the dock will undulv interfere with the public use of waterways for swimmin!!. boatin!!. fishin!!. shellfishin!!. waterskiin!! 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 adjacent 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; [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 [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. 1. 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. includin!! the incidental ri!!hts of public anchorin!!. NOTE THAT THE NAVIGABLE CHANNEL IS NARROW IN THIS AREA DUE TO A DOCK AND VESSEL LOCATED OPPOSITE THE PROPOSED ACTION. 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 deoendence on access to navi!!able waters. " J (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 bv surrounding similar uses, (vi) whether or not alternative means to gain access are available, c. bv extent and characteristics of the developable adiacent upland area and its ability to support in-water development for the water-dependent use. c. bv potential adverse effects on natural resources and their uses, and d. bv potential adverse effects on public safety. THE PROPOSED DOCK STUCTURE WITH A VESSEL MOORED AT THE END IN RELATION TO THE DOCK LOCATED TO THE NORTH WILL IMPEDE THE NAVIGATION OF THE CHANNEL. 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: Shawn Kiernan, New York Department of State Division of Coastal Resources , , Standish, Lauren From: Catherine Mesiano [cmesiano@optonline.net] Sent: Thursday, October 26,2006 11 :01 AM To: Standish, Lauren Subject: ORTH ~~~ \~ '\J'V (s.l\ ~~\(f OCT 2 6 2006 Town of South old LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I. 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 Penn it and other ministerial penn its 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). 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 the Town of Southold:s website . ._...__ (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department,'llIHocilni15hiries and the .' ".-..~ Town Clerk's office. . . L. '._ The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. X Board .0fTru tees 1. Category of Town of Southold agency action (check appropriate respons~): (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) Permij"J!J!provaJ,Hcense, certifkllt1on' Nature and extent of action: B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 115_ _1'Z__17.1~_ s-.." Piai;", ., :.>~2;:] REVISE THE DESIGN OF THE EVIOUSL Y APP OVED DOCK TO A 4' X 42' LOW PROFILE (FIBERGLASS GRID)D CK WITH FIXE ' X 12' NORTH-FACING "L" AT THE SEAWARD END ON 6" PILES TRATION AND ONE 6" PILE OFF THE SOUTH END OF DOCK. WE ALSO REQUEST A 1.YEAR EXTENSION OF THE EXISTING PERMIT. 10/26/2006 Location of action: 640 WII,.L1S CREEK ROAD~MAITIIUCK Site acreage: 1 Acre Present land use: SINGLE FAMILY DWELLING Present zoning c1assification~R-40 2. If an application for the proposed action has been filed with the Town of South old agency, the following information shall be provided: (a) Name of applicant: HERIBERT ORTH (b) Mailing address: PARKSIBAsSI;12-Q-S5,TRIER. W. GERMANY (c) Telephone number: Oi1 496S1 2090250 (d) Application number, if any: PERMIT # 6047 Will the action be directly undertaken, require funding, or approval by a state or federal agency? Ye.s 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 South old that enhances community character, preserves open space, makes efficient use of infrastructnre, 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 AIl)l1is3ble Construction of a dockfJl1.his site isR[Ql2osed in a manner consistent with the current standards anc:tl1f1S no impact on the ''QEitti3rn olcJi3velopment illthe town". 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 The proRQsed proiect is not locatednear 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 Applicable Development of this site is groposed in a manner consistent with the neighborhood in whiQ..h.Jt is located. ThiZR[Q120sed dock is a 10w-profile.~lructure. designed inEir:;cordanqe with_Gwrent ~tan(Lan;f~~ 10/26/2006 NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes No Not Applicable Df!velo{Jment of thl? site willbf!_QQnft in accordance with FEMA_stan_dards, NYSDEC regulations i3ind Chapter_9Z!)] the TQwn cage. Policy S. Protect and improve water quality and supply in the Town of South old. See L WRP Section III - Policies Pages 16 through 21 for evaluation criteria Y~s No Not Applicable QftVf!IQQment of tl7JJ site wilLbe done in accordance with FEMi\ standards, NYSDEC regulations, Chapter ilZ of the Town Code and Article 5 and Article_Z of/he SuffolkGount}' Sanltpl}' Code, Policy 6. Protect and restore the quality and function of the Town of South old ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section 111- Policies; Pages 22 through 32 for evaluation criteria. Ye~ No Not Applicable DevelofJment of tbe site an constructiongf the {J[.QfJosed dock Will be donftln accordanr;e_with NYSDEC regulatiQn~ and Chapterg? of the Town Code. Policy 7. Protect and improve air quality in the Town of South old. See L WRP Section 111- Policies Pages 32 through 34 for evaluation criteria. Yes No N_ot Appli~able II cfges nQI?fJpear that Policv ? is relevant to development of/his site. 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 As ina'!l other residential df!velgpment,jt is expec;ted that the occupant will complv witl1~h? eX{J?cted treatment of re$identialsolid waste, yard waste and recvclable matczrigl 10/26/2006 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 South old. See L WRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes No Not Anplicable Dey~/oPrnent of thiss/ie has nQ impact on public accesstQcl1nd recreatiQ(JallJ~e of. coastal Waters. etc. WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See L WRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes No Not Annlicable It does nol I1PPftar that Polic}l1 0 is relftyant to cOf]structionof the proposf)d dock and house on a resigentiallot. 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 Construction of the proposed dock will prornote recreational use ofJTIarineIesource~allow for boat access with minimaLdisturb<1nce to bav bottom. 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 N!!lApJ!!icable - 1t dQ!;Js noIap/2ear thatPolicv 12 is relevant to constructiQn 011he fHQ{lQsed dock and house Of] El residential 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 l'tot Applicable It doe!> not aJmfH'ir.that Policv 13 is relevant to constrlJclion ofthegroposed dockancU1Quse on El resisJ?Jltiallot. Created on 5/25/05 11:20 AM 10/26/2006 .. Plan View Proposed: Low Profile Dock Purpose: Private Mooring SCT#10lJ0..115-17-17.12 ::::J Town: Southold Do<!< SuIfoIk County, NY TIde Range: 2.5'+{- Datum: Low Water ~ 1U= 50' ;-~"';~,~ ." ~~.~ ''-.' ,. ::..;;} " ~ '" ,\,'.\ ,.:;,.; r ! \:)0<>.-+ and D oelL ~ ,7 C, . Ylo+ -\-0 e.'1 ceeJ . ",,,'O ;'" 'I"?J w \"dth o~ ~f(~;:. E/-. " .' (" " pl/~ <,... .~ ~"O"'" -............ ;.,:, c'" 0..' ~ "tt " ,>>* "It " " " ~-<"<..J-<" ,:') ;.;c, ~'i ~ . .n"'" . ~~~;l ~~. . . . , : , , , Section 1"- 20' Proposed low profile Dock (4' x 4J:) with ~'x 12' (L) Lleck Imino 2.5' abv. gr,) '-""-':" , , , , ,. , , , , , , , , , , : , , , , , , , ,. ,- '~\':/ .~ ,\J,.jf' ' -/ SG T"IOOO-115-I1-n.l2 640 W11I15 Greek DrIV.. MottltVc.k.NY il'l52 j i- f SGT"IOOO-II5-I1-I1.11 James 4: Morlna Mltc.hell 4"10 Willis Gr....k DrIV" Mattltvc.k, NY 1I~52 :r; :r' x: \;1l~ :. ...,. ~ "0 :0:) : 'l(. P- \t~ :~? ; .0.. '.01\ ~\~~ I } It , , : , , , , , , . , } .../lnt. SG T#IOOO-II5-I1-I1.13 Land of, Nanc.y L. Foot.. l~O Hillis c.reek Drive MattlWc.k, NY 1I~52 oj I dec.klng to be reinforced flbergloss grid 2" opanlngs -~~-~ . HW '-.:,~~_. LVi ~~-~------ ~._- ~____~_~.~_ ~ ~~___ ~R~__~ - - ---~ ,;,l.'..... -!~ --_..-~' _:.:-"'~' -----'" --......... exist. bUm. All material from approv..d list I()/;J..~/d{, ~.pil..Sl "S'O.c. "'""tland 60undary RFox Aug '04 lat: N 4~19 . Long: W 072-30-22 I:;; ,; 10 ~ 10< 1-' -,"'~ _ _ /~~":1~fr~ik___'2.":~n~f:,, ~ _ ~'-~,,-! ',r", I ~\\" \ 7" , -" ! ,. + 0::... "~.. \ ., i K: \' I \.~ I ,.... (:> J-f.'J ;,,- , '~I U ,",;. .C',C.). \/~o= (-;. i (1)' :Sj '-'I -;"~ '//;:.;.." lei 0 , I \ '_. "'\ ,,0 G, ;;:II () I' v., .(,J 1 u\ ii m ~ <:0' ,.<J \ :' \ ~II lei \'\ (",-- \ '\ 0.1 I ,-' "- v/ ....1.--)..-: (!.SIT~ ~ ~ ' " n----i ,- " " I! \t' & I',' I. ^ .1 () Key Map N.T.5. CATHERINE MESIANO, I!' Land Use COllsu/tm,t & Permit Expedil . CATHERINE MESIANO, PRESIDENT 12 Mill Pond Lane . East Moriches, New York cmesiano@bplonline.net 631.878.8951 l,j":lJ/";,JOG6 f), 1:'-" "U\At-l ~"' \~I.r-I\orlr.1A:\-.",().K;(J ''''<J +0 p05ro.ph;c. d,Q,..-\Q,. by S~Level N\.o..p pI' 'lJ