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Home My WebLink About1000-37.-5-4 . . . WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON MAIUNG ADDRESS: P.O. Box 1179 Southold, NY 11971 PL~ING BOARD MEMBERS JERlLYN B. WOODHOUSE Chair OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner. ~/' L WRP Coordinator \i'i D Date: September 19, 2005 Re: Request for Permit for Gallagher John and Jay Located: 730 Bayview Dr., East Marion SCTM#1000-37-5-4 JOHN & JOY GALLAGHER request an Amendment to Permit #5745 to add a 2'8" X 10' ramp and a 6'X 20' floating dock to the existing fixed dock. 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 (LWRP) 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 generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the L WRP provided that the applicant demonstrates that the action meets the below policy; 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 high water for navigation, recreation, and other public trust purposes, including the incidental rights of public anchoring. 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 adjacent waters, (v) the traditional means of access used by surrounding similar uses, (vi) whether or not alternative means to gain access are available. 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. c. by extent and characteristics of the developable adjacent 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. 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. In addition to further the intent of L WRP Policies 5, 6, and 8; protect water quality, marine organisms and the health of the users of the structure; require that no CCA treated wood, oil based preservatives containinl! creosote (CRT) or pentachlorophenol (PCP), applied to the surface of wood materials shall be permitted in the construction materials of the structure. The applicant shall use a decay resistant alternative. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Please contact me at (631) 765-1938 if you have any questions regarding the above. ,<' s,F Vv\ ''I .r To}'\'n Of South old L WRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I. All applicants for permits* including Town of Southold agencies, shall complete this CeAF 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 South old Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP 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 LWRP policy standards and conditions. 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 South old's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local lib,,,',, md<ho Towo Clem', offi~. f5) ~ lG [ ~ \~ ~,rn'~'). B. DESCRIPTION OF SITE AND PROPOSED ACTION lf1l . J SCTM# ., 7 _ ( _ tj AUG 2 4 2005 0 The Application has been submitted to (check appropriate response): Sootho:d Town Board of Trustees Town Board D Planning Dept. D Building Dept. D Board of Trustees I. Category of Town of South old agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) D D (b) Financial assistance (e.g. grant~ loan, subsidy) (e) Permif, approval, Hcense, certification: .0' Nature and extent of action: Feq<)f'&' t- H,-r ~ Ci:..\Mev-d1M-e",l- ~v,r\lll\'lt -:lJ;;!J')'1rJ' -do \","vlvolL '^ float",,) dwd< (J..)vI.,) -ro..wo...p Location of action: '7 ~ 0 BOo y 1I1~ 'W oJ '("\II c:.. Site acreage: . 1 , 5" C\.c.- . Present land use: l).:1-.eo.-"" t , . Present zoning classification: V <':;. I ~ + I "'-' I . , ~ , c,}- M"",,~ jJ,'L 1\531" ., 2, Iran application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: ,-. ..JD'-'''' , f :roy ,)4<{ Gt 1 1"'1 l... ev' (a) Name of applicant: (b) Mailing address: 80(( eGo.'} +- M~ rl <r"'- )J,Y (c) Telephone nwnber: Area Code &3)1 (d) Application nwnber, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes D No ~ If yes, which state or federal agency? 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. 0'Yes D No D Not Applicable ~ t7106..1-1") )".,r).( wilt ~e.. \'^ 0.... bOc.\t- liAS eo.......-..v~l.J-y Attach additional sheets if necessary Policy 2. Protect and preservelIistoric and archaeologiCal resonrces of the Town of South old. See L WRP Section III - Policies Pages 3 through 6 for evaluation criteria DYes 0 No c:a' Not Applicable .'. Att,a~h additional sheets if necessary T Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - PO'ies Pages 6 through 7 for evaluation criteria DYes D No 0' Not Applicable ~ ;t~,~% ~~1 WOO~:. E. br- ~';ecc~r, 1: :';fi... . ~ b k~~~ ~ ~ Je~*,~ ~~ ~ u p.11~h~) o!u.t.( ~ 0\'\ if) ~ 5J....rt Attach additional sheets if necessary 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 DYes D No ~Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water qnality and snpply in the Town of Southold. See LWRP Section III - Policies Pages 16 t~U~1 for evalnation criteria DYes D No lANot Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant <:;oliSta1yoish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 . throngh 32 for evaluation criteria. J2fyes DNoD Not Applicable ~ Vlo~~\~ ~d\ u>1t f tt\i~t- 102'> ~~~~p",,~~ ~~^;~\t r;'C~rL(\~~ ~c or ot 15 +Or b iL<A-U- of:- (cw>1vk.J r~ #x- .', ., 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. DYes D No !2t"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 L WRP Section 111- Policies; Pages 34 through 38 for evaluation criteria. DYes 0 No ~ot 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 South old. Scc L WRP Section III - Policies; Pages 38 through 46 for evaluation criteria. .-/ DYes 0 No)Ll Not Applicable 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 L WRP Section III - Policies; Pages 47 through 56 for evaluation criteria. DYes 0 No~otAPPlicable .'.. .. I 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. ~es .-ic :s kf( ~ IS WlrJ-L Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of South old. See L WRP Section III - Policies; Pages 62 through 65 for evaluation criteria. DYes 0 No~otAPPlicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resonrces. See L\VRP Section III - Policies; Pages 65 through 68 for evaluation criteria. DYes D No ~NotAPPlicable Created on 5/25/05 11:20 AM 'j I ( I \ \~ '-- ~__ :JALI -----+------ -- ---- - z ~~ ~ 'l\ '00' <;\0 ",,'J; ..~ ~ . ~J"" ~ \Y: .,/ ? '; &, r:y ~/V~0~~0'jV. ~<S ll;\~f.i Cj\~f. f.OS< ~ ~ ~l!Y vO L .'. ~ ,.;: ,,,> , ,v-,Q ::- "> 'I, '\ ..... <, o~ '~ " ,1 3: "J:: 00- ,",00 ~.q- ~ <f)<D ,,'" 00 U1 '~''8 t'3- ,. 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