The URL can be used to link to this page

Home My WebLink About1000-79.-5-20.13 / WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON MAIUNG ADDRESS: P.O. Box 1179 Southold, NY 11971 PLAfl;JNING 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: Town of Southold Board of Trustees ~ From: Mark Terry, Senior Environmental Planner L WRP Coordinator Date: September 8, 2005 Re: Proposed Permit to Construct a Dock for Logiudice in Bay SCTM#1000-79-5-20.13 This proposal is to construct a fixed open walkway 4 x 108' with (4) tie-off piles. The catwalk is proposed to be elevated a minimum of 4' above the AHWM and will utilize (4) 4" x 4" piles with a depth of penetration of 6' and 26 (6") diameter timber piles with a depth penetration of 10' . Four 10" diameter CCA timber tie off piles are also proposed. The action is located within Southold Bay in REACH 7. 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 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 following L WRP Policy Standards; 1,3,3.1 (A) (D) (J) (K. 3), 4.1 (A), 5.3 (C), 6.1 (A.2, A. 3 and B.3), 8.3 (A, B and E), 9.1(C-2 , C-3 and E), 9.2 (A"l and 3), 9.3 (A, and E), 9.4 (A, B, E.1, E.2, E.3 and E.4), 9.5,10.3,10.4 (A, B and C), 11.1 and 11.2 therefore INCONSISTENT with the Local Waterfront Revitalization Plan. The L WRP does not support the construction of docks or structures in Southold Bay and therefore, there is no opportunity for the proposed action to be modified and become consistent with the L WRP. Correspondingly the L WRP recommends the use of "alternatives to long piers or docks include use of dinghies to reach moored boats and mooring in nearby marinas". Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. .- Town of South old . LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for pennits* inc1udillg Town of Southo1d agencies, shall complete this CCAF for proposed actions that are subject to the Town of South old Waterfront Consistency Review Law. This assessment is illtended to supplement other information used by a Town of Southold agency ill making a determioation of consistency. * Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. I 2. Before answeriog the questions ill Section C, the preparer of this form should review the exempt mioor action list, policies and explanations of each policy contaioed ill 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 illc1udes all of Southold Town). 3. If any question ill Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contaioed ill the consistency review law. Thus, the action should be analyzed ill more detail and, if necessary, modified prior to making a determioation 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 L WRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available ill the followiog places: online at the Town of South old's website (southoldtown.northfork.net), the Board of Trustees Office, the Planniog Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 79 5 20.13 The Application has been submitted to (check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. 0 Board of Trustees Q 1. Category of To\'m of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planniog activity, agency regulation, land transaction) o o (b) Fillancial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: ~ Nature and extent of action: Proposed Dock {Please See Attached Project Description " . Logiudice - Southold Project Description: Applicant proposes to construct a recreational dock facility consisting of a 4'x I 08' fixed timber catwalk with (4) tie-off piles. The catwalk is proposed to be elevated a minimum of 4' above the AHWM and will utilize (4) 4"x4" piles with a depth of penetration 6'+, and (26) 6" Dia. timber piles with a depth of penetration of 10'+. (4) 10" Dia. CCA timber tie-off piles are proposed. " . Location of action: 10995 North Bayview Rd. Southold, NY Site acreage: 8.00 Acres Present land use: Residential 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: Joseph K. LoGiudice (b) Mailing address: 4062 Grumman Blvd., Bldg. 74 Calverton, NY 11933-t502 (c) Telephone number: Area Code ( ) ( 631) 208-2933 (d) Application number, if any: none Will the action be directly undertaken, require funding, O1(~pproV~y a state or federal agency? Yes [iJ No 0 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. o Yes 0 No 0 Not Applicable This proiect comolies with this POlicv. The prono"ed dock will enhance the cormnmitv character as.l.a shoreline communi tv . and will be a beneficial use of this coastal location. This proiect is the minill1i'll dev.,lo~nt required to provide safe and adeauate access and stora e of a recreational vessel thus reservin. 0 ceo SiIJUlar structures as th<LQne..'proposed exist throughout Southold Bay and within c ose proxlllUty to the proJec site. Attach additional sheets ifnecessary Policy 2. Protect and preserve historic and archaeological resources of the Town of South old. See L WRP Sectiou III - Policies Pages 3 through 6 for evaluation criteria U] Yes 0 No 0 Not Applicable This project will comply withithis policy. Although not having a direct affect on the hi"tnri,-, ",nn ",r,-,hmlngi,-,,,,l r""Ollr,-,.,,, of Solltholn Town. this oroject will preserve traditional 1lr;::.~c:: whi(""h clpfinp t-hp m~ririlTlP ~hArA~tpr of thp. Flrp..?l Flnn inr.nrpnrnb:~ a desion which is in r.l1Ar;::ar.h:~r wirh t-r:::r.i1itionaJ llse. Attach additional sheets if necessary 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 0 No 0 Not Applicable This proiect canplies with this policy. This oroiect is a traditiollRI pattem of development. maritime activitv. and is one of the important s=nk componpnh; of thp Town of Southold. This project is the rhinimal structure required for safe and adequate accesscland storaqe of a recreational vesseL The elor.k ; s an QpPn p;] R elps; gn p] pvatPd 4 ' above the AHWM to help preserve and protect the intertidal and benthic ecosvstems. Sirhilar structures exist in Southold Bay and within close prox;m;t~ of thR projpct site. 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 GJ Yes 0 No 0 Not Applicable This project will ccmply with this pblicy. The proposed dock has been desiqned to wit-h~trmn nny ti(l:=el or W.::IVP .:::ar'r;nn whif""'h milJhi- 'ha. ry:::m,:::r.r.:::::arM in t-h.:::. uir"in-it-y nr rho. c::it-p ThiR prQjPrt: will not- r;:m~p ;:m ;n{""rp;:::a~p rrf prnc::;nn nr fl~;nlJ ;:;:at nr ;:::anj;:::ar:nt- rn t-h,:::. proiect site. Attach additional sheets if necessary Policy 5. 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 GJ Yes 0 No DNotAPPlicable This proiect will not have any adverse impacts to the water quality and supply in Southold "Pnwn Only ihlring f"""rmc::t-rllr+inn ;:::a,...t-ilTif-ipc: mi1Jh+- t-hArt:lo ~ t~r;:ary minim,;:,.' rlAt-ril1'1Pnt;:::al i~rt~ to Snnrholci ~y frnm ~ilt-;:::atinn ;:::a~~nri;:::at-AN with nnn~trllrt;on ;:::artivitip-~ Thi~ impact would be temoorarv and localized to the proiect site vicinitv. Thus. this proiect complies with this policy. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of South old ecosystems inclnding Significant Coastal Fish aud Wildlife Habitats and wetlands. See L WRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Q Yes 0 No 0 Not Applicable This project ccmplies witht his policy. The proposed dock will not have any,megative effects on the ecoSystems includinq the siqnificant fish and wildlife habitats of Southold Bay and associated wetlands. The dock has been designed to reduce any impacts by being open pile design ann R]pvatpfl rI minimnm "f 4' rlho"" i-h" IIHWM Only nnring ""::::"ti;;;; activitip-s n~~ thp pn~~ihility py;~t fnr minim~l. tpmpnr~ryl ~nn i~~li~~ ;_____ __.ce completed the dock will provide habitat for several marine flora and fauna. " Atlach additional sheets if necessary Poiicy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluatiou criteria. DYes D No GJ Not Applicable Attach additional sheets if necessary 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. DYes 0 No QI 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 L WRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [Xl YesD NoD Not Applicable This project complies with this policy. This project allows for public access and th€Eeuqhfnrc "" rhp nnrok ; c: prnp>c:pfI rn hPgin jnc:t hmnwr.rn of thA AHWM. This oroiect \".ill not i"'["""l-.. npon pnhli,", ",",""c:S in Soutllold Bav. and will not infringe upOn naviqation. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent nses in suitable locations. See L WRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [i] Yes 0 No D Not Applicable This proiect is ,",onsinprpfl " l.o7<>rpr oopond=t UElC and thus tlill (''"''''Ply with this poliq. A~ach additional sheets if necessary 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. WYes D NoD Not Applicable This proiect complies with this policy. The project is an open piled6ck:.elevated 4' above the AHWM and will not have an ati ve affect on the longtenn maintenance and health of living marine resources. This project being a recreationa will prornore the use of marine resources. Attach additional sheets if necessary Policy 12. Protect agricultllrallands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. DYes D No W Not Applicable Attach additional sheets if necessary 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. DYes D No ~ Not Applicable Created on 5/25/05 11:20 AM LORI HULSE MONTEFUSCO ASSISTANT TOWN ATTORNEY lori.montefusco@town.southold.ny.us JOSHUA Y. HORTON Supervisor 5uIf % ,PATRICIA A. FINNEGAN TOWN ATTORNEY patricia.finnegan@town.southold.ny.us KIERAN M. CORCORAN ASSISTANT TOWN ATTORNEY kieran.corcoran@town.southold.ny.us Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD July 6, 2005 Mr. Dan Hall Land Use Ecological Services, Inc. P.O. Box 1060 209 West Main Street, 2nd Floor Riverhead, NY 11901 Re: Joseph LoGiudice/Proposed Dock Premises: 10995 North Bayview Road, Southold, NY, ' " SCTM No. 1000.79.5.20.13 Dear Mr. Hall: Thank you for your correspondence dated June 30, 2005, with respect to the application of Joseph LoGiudice before the Southold Town Board of Trustees and its compliance with the Town of Southold Local Waterfront Revitalization Program (LWRP). Please note that the Board of Trustees is prohibited by the Town of South old Waterfront Consistency Review Law from approving any project without making a determination that the proposed project is consistent with the LWRP. According to that law, found at Chapter 95 of the Town Code, an applicant must submit a Coastal Assessment Form to the relevant agency for a consistency recommendation by the Town's designated consistency coordinator. It appears that you were forwarded a copy of the appropriate form on May 31, 2005. If you have not done so already, please submit the completed form to the Trustees' office for processing. If you have any questions or concerns, please do not hesitate to contact me at the above number. KMC/lk cc: Board of Trustees Mr. Mark Terry, Consistency Coordinator ~ Patricia A. Finnegan, Esq., Town Attorney