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Home My WebLink About1000-97.-8-25 .; 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 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 SOUTHOLD To: James King, President Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner L WRP Coordinator Date: December 12,2006 Re: Request for Wetland Permit for ELIZABETH SIDDONS SCTM# 97-8-25 THE ACTION IS LOCATED IN MUD CREEK; A SIGNIFICANT FISH AND WILDLIFE HABITAT AREA. Catherine Mesiano, Inc. on behalf of ELIZABETH SIDDONS requests a Wetland Permit to construct a 4'X 24' low profile dock with open fiberglass decking and with a 4'X 12' platform. Located: 715 Monsell Lane, Cutchogue. SCTM#97-8-25. 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 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. The aoolicant HAS NOT demonstrated that the action will meet or further the below oolicies. 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 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 I. Comply with Trustee regulations and reconnnendations as set forth in Trustee permit conditions. The applicant has not demonstrated that the followinl! dock standards pnrsuant to IS 275-11. Constrnction 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 navil!ation or be located in areas of hil!h vessel traffic or vessel conl!estion; [2] Whether the dock will undulv interfere with the public use of waterwavs for swimminl!. boatinl!. fishinl!. shellfishinl!. waterskiinl! 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; [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. Note: that water depth at the terminus of the dock structure (0.9 feet) is insufficient to support manv types of motorized and sail vessels. The applicant has not stated the use of the proposed dock. In addition. the proposed action is inconsistent with the followinl! policv and sub-policies. 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. inc1udinl! the incidental ril!hts of public anchorinl!. NOTE THAT THE NAVIGABLE CHANNEL IS CURRENTLY NARROW WITH LOW WATER DEPTHS; A VESSEL DOCKED AT THE END OF THE DOCK WILL IMPEDE NAVIGABILITY AND ACCESS OF VESSELS DURING LOWER TIDES. 4. Structures extending beyond the minimum necessary for access to navigable waters impair public trust interests and open space values associated with the water's surface. Allow such structures only in the following circumstances: a. when necessary for practical and convenient operation of water-dependent industry or commerce, and provided that obstruction of commercial navigation does not result. b. for commercial recreational boating facilities provided that: (i) the loss of navigable waters and use of underwater lands is offset by sufficient public benefit, and (ii) obstruction of commercial navigation does not result. c. when the principal purpose of the structure is necessary: (i) to provide public access for recreational uses (ii) for improvements for navigation (iii) for protection from coastal hazards, or (iv) for essential public transportation and transmission facilities. The proposed action would "extend beyond the minimum necessary for access to navigable waters" and does not meet the circumstances outlined in Policy 9.4 above supporting the permitting of a private dock. 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 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 South old 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 ')'~\ (, L 0.'- )t- . ELIZABETH SIDDONS 712 MONSEll LANE, CUTCHOGUE -/- \rJ 2. B" . h .. S . C h f h'" h Id' . / "l"J<J . elore answenng t e questIOns m ectlOn ,t e preparer 0 t IS 10rm s ou review -\;. the exempt minor action list, policies and explanations of each policy contained in the ~ "f \" ~~ ~ Town of South old Local Waterfront Revitalization Program. A proposed action willbe ~ \. \ evaluated as to its significant beneficial and adverse effects upon the coastal area (which V' 0l': \ \ includes all of Southold Town). I. \ . \.'" Dc{, ~;~ :~ie;tut~:i~~h~~:e~~~~ o~~: ~~n;~~i:;:~a:~~r~~e:~d t;:~d~~i:~:o:oO:t:~n:~\~n \J the consistency review law. Thus, the action should be analyzed in more detail and, if V, ," . .c.;'""'\ necessary, modified prior to making a determination that it is consistent to the maximum ~ . \ . II . J extent practicable with the LWRP policy standards and conditions. If an action cannot\~e\ l"-;,v v certified as consistent with the L WRP policy standards and conditions, it shall no~e ,\ \ . \ \ I undertaken. C " ' L I yeA A copy of the L WRP is available in the following places: online at the Town of \ (lJ!"\ Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the v Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 97 8 - 25 The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. X Board of Trustees 1. Category of Town of South old agency action (check appropriaf<:!;,\i;\'.R:Pll~lt,),:.;. ~~.,.- (a) Action undertaken directly by Town agency (e.g. capital ~,-".~.,.............,..,,~ . ',..~ , construction, planning activity, agency regulation, land transactiin) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval. license. certification: Nature and extent of action: ~ [E [~ D,r-- L OCT I L_ ",/!:':"'" \"'~~i ~ '1 P:, ~~-..., ;~;~ ': i~"~~6'C'lll ~ CONSTRUCT LOW-PROFILE FIXED D0C , ~':j'" ::..::';J ~';, .....- -....-..-""" -,.'...,,---~._._. -, ._.-~ .~-_.._~.....-- , -_._,,...~_.-----' ELIZABETH SIDDONS 712 MONSELL LANE, CUTCHOGUE Location of action: 712 MONSELL LANE, CUTCHOGUE Site acreage: .37 Present land use: 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: ELIZABETH SIDDONS (b) Mailing address: P.O. BOX 338 CUTCHOGUE, NY 11935 (c) Telephone number: Area Code (631) 734-7288 (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 South old 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 Applicable 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 Applicable The proposed project is not located near any historic sites or districts Policy 3. Enhance visual quality and protect scenic resources throughout the Town of South old. See L WRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes No Not Applicable The proposed dock is a low-profile structure. desianed in accordance with current standards. ELIZABETH SIDDONS 712 MONS ELL LANE, CUTCHOGUE 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 Applicahle Development of the site will be done in accordance with FEMA standards, NYSDEC reaulations and Chapter 97 of the Town Code. 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 The subiect site is developed with a sinale familv dwellina. Policv 5 has no relevance to construction of the proposed dock. 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 III - Policies; Pages 22 through 32 for evaluatiou 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 L WRP Section III - Policies Pages 32 through 34 for evaluation criteria. Yes No Not Applicable It does not appear that Policv 7 is relevant 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 Sectiou III - Policies; Pages 34 through 38 for evaluation criteria. Yes No Not Applicable It does not appear that Policv 8 is relevant to construction of the proposed dock. ELIZABETH SIDDONS 712 MONS Ell LANE, CUTCHOGUE 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 L WRP Section 111- Policies; Pages 38 through 46 for evaluation criteria. Yes No Not Applicable 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 Southold's water-depeudent 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 Applicable It does not appear that Policy 10 is relevant to construction of the proposed dock on a residentially developed lot. Policy 11. Promote sustainable use of liviug marine resources in Long Island Sound, the Peconic Estuary and Town waters. See L WRP Section III - Policies; Pages 57 through 62 for evaluatiou 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. Policy 12. Protect agricultural lauds in the Town of South old. 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 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 Policv 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 , '," . r-~ 1" = 30' N W+E S Plan View Proposed: Low Profile Dock Applicant: David Siddons Surveyed: August 25, 2006 SCT# 1000-97-8-25 Town: Southold Suffolk County, NY Datum: Low Water Tide: 2.5' +/- "- "- o tI) (" o ~ Zq,.,~l'~'Io at'. 00 'v~'9/" <s ^z8':;? ofJs 6 511 1 1 1 1 1 I ,'Jic tr i" \0 I fj a '<(J 1 _'00- I Q) sl(", I Jic ~~lil i :cl I I I 1 I I,ll. I 1 I 1 .IL. ~, ~ " 0- 1 P',' 1 1 .IL 1 1<1) 'I!J I~ 1'-..% !!J ' 0 , ...... In\ ,.... I d1 ''0 .~, ,V ~II , _~t: Q)I , ,,'t ... Q),' , ,.... c.. I r 80 1,lk oA 'to 0' ,I s1:rOS1te,' .0JJ. I..... Ore I I,.... ~ J .iJ ,/ ?I,.... i: / :~k 1 1 1 1 ,L 1 0 I ,/~' ,'Y ,'Y / 0L. 1 I 1 1 1 I I 1 ~ I ,II. ...... .... I , )--' I I I I I }L p'9 Zq"':;:Cl'IIt. o~. 00 . /:> 0'1 ~ D:5'a St"Y'$ 5", qrt Prop "L Osed DOc oPen !i.bow Profile_ 'k fir ergl 4' tn. 2.5' aboClSS deck,' x 24' With 4' Ve gra"tng x 12'Pl 'Ie " Cltforrn I 1 1 " _~r 1 I I " .~1 1 ;,G. ;,G .11, ;\L Section 1"= 10. Proposed 'Low Profile" Dock with open fiberglass decking min. 2.5' above grade 4' x 24' with 4' x 12' platform I^Ietland /)" Boundary R. Fox Sept. '06 30' to HH oppos e snore line J-H 4.' X 4" P,osts e O.c.. SEA LEVEL MAPPING 631-722-3390 PO Box # 538 Riverhead, NY ROBERT H. FOX NYS PLS# 50191 <1/15/2006 4,51,05PH G, \SLM\5lddoll5,pro exlst:bttm.