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HomeMy WebLinkAbout1000-24.-2-21 .. / WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON 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: Town of Southold Board of Trustees From: Mark Terry, Senior Environmental Planner L WRP Coordinator Date: October 18 , 2005 Re: Proposed Wetland and Coastal Erosion Permit to Construct a Docking Facility for D. Claeys Bahrenbnrg SCTM#1000-24-2-21 D. CLAEYS BAHRENBURG requests a Wetland Permit and Coastal Erosion Permit to construct a private docking facility consisting of a 4'X 79' fixed elevated catwalk, 3.5'X IS' hinged ramp, and 6'X 20' floating dock. Located: 220 Bay Ave., Orient. SCTM#24-2-21 All timber proposed for the dock facility is described in the Project Description as "non- treated Fir or Cedar. The New York State Department of Environmental Conservation prohibits the use of wood treated with pentachlorophenol within tidal waters. A silt boom/tnrbidity screen has not been proposed to control tnrbidity during construction. 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 following L WRP Policy Standards; 3,3.1 (D and J) (K 3c), 5.3 (c), 6.1 (A.2, and A.3), 9.1(C.2, C.3 and E), 9.2 (A.l, A.2 and B.2), 9.3 (A), 9.4 (A, B, E.l, E.2, E.3 and E.4), 9.5 (A), 10.3 (A and B), 10.4 (A and B),I1.1 and 11.2 therefore INCONSISTENT with the Local Waterfront Revitalization Plan. The L WRP does not fully support the construction of docks or structures in Orient Harbor. 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". Pnrsuant to Chapter 95, the BoardofTrustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. . , . I1rl ~, iE ~ ~ ~ ~,O [~ ,\r)~, I "I i'l \r\ \ 'J' M' il.. U U ",UG L 4 L;V) L-/ Town of South old LWRP CONSISIENCY ASSESSl\1ENT FORM A. INSTRUCTIONS Soutl1Q:d lawn 1. All applicants for permits. including Town of Southold agencies, II complnailils1 proposed actions that are subject to the Town of Southold Waterfr onslstency Review Law. This assessment is intended to supplement other information used by a Town of South old 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 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 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 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. B. A copy of the L WRP is available in the following places: online,aUheTown of ~ol1thol<l' ebsite (southoldtown.northfork.net), the Board ofTrustees Office, the *taDl\i~D!ti}~e&t, ~ l~ll' '~1 libraries and the Town Clerk's office. ' :' , .--- "- .. '-"-1, I) ! DESCRIPTION OF SITE AND PROPOSED ACTION i i i ~ i AUG 2 6 2005 ! ~l) L.~.:=- -.-I=-~ 024 02 021 SCTM# The Application has been submitted to (check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. 0 Board of Trustees 0 1. 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) o o o (b) (c) Financial assistance (e.g. grant, loan, subsidy) Permit, approval, license, certification: Nature and extent of action: Applicant proposes to construct a dockinl!: facility off the southwestern section ofsubiect property in order to access the surface waters of Orient lIarbor. Attach additional sheets ifnecessary " .. . Location of action: 220 Bav Avenue: Orient: Town oCSouthold. NY Site acreage: 0.27 acre * Present land use: Improved w/sinf!le familv dwelliDf! and related appurtenances Present zoning classification: 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: D. Claevs Bahrenburl! (b) Mailing address: P.O. Box 250: Orient. NY 11957 (c) Telephone number: Area Code (631 ) 323 - 2446 (d) Application number, if any: N/A Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes 0 No~ If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern oCdevelopment in the Town oCSouthold that enhances community character, preserves open space, makes effICient use oC inCrastructure, makes beneficial use oC a coastal location, and minimizes adverse effects oC development. See L WRP Section III - Policies; Page 2 Cor evaluation criteria. ~ Yes 0 No 0 Not Applicable Subiect proposal is consistent with the policy in that the silin!! and utilization of the proposed dock assembly will maintain the character of the surroundin!! nei!!hborhood, which currently consists of many similarly-improved residential lots and commerciallols with similar accessory structures (i.e, dock assemblies aloo!! Orient Harbor). In addition, subject proposal will be in harmony with the' ...beneficial use of a coastallocadon,,,' in that the le!!ally created residential waterfront (i,e, coastal) lot will be enhanced by the inclusion of the proposed dock assembly in order to access the surface waters of Orient Harbor. Accordingly, we believe that this project is consistent with this policy, Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources ofthe Town oC Southold. See LWRPSeclion 111- Policies Pages 3 through 6 Cor evaluation criteria ~ Yes 0 No 0 Not Applicable Subiect proposal is consistent with this policy in that the location of the proposed dock assembly is within Orient Harbor, an area currently and historically developed in a manner identical to that of this proposal, resultin!! in the numerous dockin!! facilities surroundin!! subiect property, as well as the maintenance of both the town dock and attendant marinas located immediately to the south of said property (i,e, Orient Yacht Club), Accordin!!ly, we believe that this project is consistent with this policy, ", Policy 3. Enhanee visual quality and protect seenie resources throughout the Town of Southold. See LWRP Section m - Polieies Pages 5 through 7 for evaluation eriteria t8J Yes 0 No 0 Not Applicable Subiect proposal will not adversely impact the visual Quality of the surrounding area in that the surrounding area is currently comprised of properties improved with similar appurtenances (i.e. dock assemblies) of equal, if not greater, size and scope. Scenic resources, assumedly views of Orient Harbor to the south, are not at risk due to the proposed dock assembly being typical of the character of this section of waterfront. Accordingly, this proposal will comply with Policy 3. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Seetion m - PoHdes Pages 8 through 16 for evaluation eriteria t8J Yes 0 No 0 Not Applieable Subiect proposal will fully comply with Policy 4 in that the proposed dock assembly is designed to be comparable in size and scope as that of the surrounding dock assemblies, which have not resulted in loss of life, structures, and natural resources within this area. Accordingly, this proposal will comply with Policy 4. Attach additional sheets if necessary Policy S. Protect and improvewaterquaHty and supply in the Town of South old. See LWRP Section m - Policies Pages 16 through 21 for evaluation criteria DYes 0 No t8J Not Applicable Subject proposal is not applicable to this policy in that it will have no effect to the water Quality/supply within the surrounding area. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function ofthe Town of South old ecosystems including Signifieant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section m - Policies; Pages 22 through 32 for evaluation eriteria t8J Yes 0 No 0 Not Applieable Subject proposal will maintain the Quality of the surrounding ecosystem in that the proposal is historically typical of this section of waterfront within Orient Harbor, which has not resulted in significant effects to the surroundinR ecosystem. Accordingly, this proposal will comply with Policy 6. Attach additional sheets if necessary 4, Policy 7. Proted and improve air quality in the Town of South old. See LWRP Se4:tion ill - Policies Pages 32 through 34 for evaluation criteria DYes 0 No i:8J Not Applicable Subject proposal is not applicable in that the proposal is simply to improve subject propertY with a dock assembly which will not result in any form of adverse effects to air Quality. Accordin!!ly, this proposal is not applicable with this policy. 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 Se4:tion ill - Polieies; Pages 34 through 38 for evaluation criteria. DYes 0 No i:8J Not Applicable Subiect proposal is not applicable in that the propOsal does not involve disposal and/or transportation of solid waste, hazardous waste, toxic pollutants, petroleum products. Attach additional sheets if necessary PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use ot; coastal waters, public lands. and public resources of the Town of South old. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria o Yes 0 No i:8J Not Applicable Subject proposal is not applicable to this pOlicy in that the proposal is attendant to a private dwell in!!. Re!!ardless, this project will not impede any access to the surface waters in and around subject property and/or become detrimental to the recreational use of the surround in!! resources. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria i:8J Yes 0 No 0 Not Applicable Subject proposal is applicable in that a water-dependent use (i.e. access to surface waters; boat in!!) is bein!! sited onto a waterfront parcel, however, with re!!ards to this Policy's concerns with marinas, aquaculture, etc..., this proposal is not applicable due to this prolJosal involvin!! only a private dockin!! assembly. Attach additional sheets if necessary ... Policy 11. Promote sustainable use of l1viog marine resources in Loog Island Sound, the Peconic Estuary and Town Waters. See LWRP Section 111- Policies; Pages 57 through 62 for evaluation criteria DYes 0 No r8:I Not Applicable Subiect proposal is not applicable in that the proposal does not involve any form of marine resource man<mement (i.e. commerciallisheries, recreational fisheries, aquaculture, etc...). Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of South old. See LWRP Section 111- Policies; Pages 62 through 65 for evaluation criteria. o Yes 0 No l8J Not Applicable Subject proposal is not applicable in that the proposal does not involve allriculturallands (i.e. the conversion of farmland, the establishment andlor maintenance of new coastal allricultural production, etc...) Attach additional sheets if necessary Polley 13. Promote appropriate use and development of energy and mineral resources. See L WRP Section m - Policies; Pages 65 through 68 for evaluation criteria. DYes 0 No l8J Not Applicable Subiect proposal is not applicable in that the proposal does not involve the conservation of energy resources on a commercial level andlor the promotion of alternative energy sources, proper maintenance of fuel storalle facilities andlor the extraction of mineral extraction Attach additional sheets ifnecessary Created on 5/25/05 11:20AM SITE PLAN concerning the BAHRENB URG Property Situate: Bay Avenue; Orient: Town of Southold, NY SerM II: 1000 - 024 - 02 - 021 -- 'rc===,-:,-- L~_"~:-". ! ~ Prepared by: SUFFOLK ENVIRONMENTAL CONSULTING, INe P.O. Box 2003; Bridgehamptoll, NY 11932 (631) 537 - S16ll Dlte: July 29, 2004: August 11, 2004 - AdopttJ from 1M _ <{nthf"'" f1"oIwt? prtpored by JOHN C. EHLERS. L.s. . ,=-.-J = ~I ~ ,.f; "\ ~ fb&rj SITE PLAN DETAIL Scale: 1.0" = 10.0' :l: 10M' t (19.0' .. .......) ....- ~ -'" ...." '45...1 \ I -~ r~ ( \ ~ _/ /-- t,,..1 _'" O~OIECNJij fHJAt1!l~(F! AlW ~ITEPLAN :ale: 1.0""': 30.0' :I: "--- " "",,1o:1l'lG A~ y ltwtw ... Ill.. pIM Ihtt.,,) \. __n ..1 ~ l /blstlno I'UIIlw .." t. /' cmmn ~ ~MI ~ROSS - SECTIONAL PLAN ale: 1.0" = 10.0' :I: pie' Ramp: 1M} 'lIef Dented Catw$:. . 7J,Df .! ~',~. --r It" Al. MIl . - ROlting ,Doer. 2M' .'1 - ungtllllltt Orlent Rarb8Fl loe.~ t 0Yera1t _111; m., I ./ ' ___1 _, _., ..' J ~.._..___ '-~'~ --..... .- PROJECT NAllRATIVE: Appu-t...,p-to_. pm. dooklaj:licilityolftbo_ _ oflllb;joo4 .."""" la ""'to__. obIolIId ...._to Orieot_IlIlI__ be1<Jo4. 1ba.........._ _bIywlll_oflbefilllowlaa: (I) TbteiEkNtMc-01Ir: U._.'I9.O'......""""""'..,.-..-(II).IDdl(6Jl")........._ ._orJS_..__..s._or2S_........or.._...._.