The URL can be used to link to this page

Home My WebLink About1000-107.-7-2PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND TO; PLANNING BOARD OFFICE TOWN OF SOUTHOLD James King, President Town of Southold Board of Trustees L MAILING Al)DRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & ¥oungs Ave.) Southold, NY Telephone: 631 765-1938 Fax: (131 765-3136 From: Mark Terry, Principal Planner LWRP Coordinator Date: January 8, 2007 Re: Requ~ermit for Ronald and Mafia Smith SCT~x~ 107-7-2 / En-Consultants,"tne. c,n b~half of RONALD & MARIA SMITH requests a Wetland Permit to construct a fixed timber dock consisting ofa 4'X 152' fixed, elevated, timber catwalk; 3'X 20' hinged ramp; and 6'X 20' float supported by (2) 8" dia. pilings. Located: 2105 Westview Dr., Mattituck. SCTM#107-7-2 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 (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well a~ available to me, it is my recommendation that the proposed action i~'CONSI~I'ENI'..) with the below Policy Standards and therefore is CONSISTENT ~dth the-'-L-WRP; provided that the proposed action meets sub-policies 6.3~ 9.4 and 10.5 (b) outlined below The LWRP recognizes that Mattituck Inlet and Creek is a regional Maritime Center. In addition the intent of Policy 10 is to protect existing water-dependent commercial, industrial, and recreational uses and to enhance the economic viability of water- dependent uses by ensuring adequate provision of infrastructure for water-dependent uses and their efficient operation. The term Water-dependent use means a business or other activity which can only be conducted in, on, over, or adjacent to a water body because such activity requires direct access to that water body, and which involves, as an integral part of such activity, the use of the water. Existing uses should be maintained and enhanced where possible and appropriate. 9.4 Assure public access to public trust lands and navigable waters. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. 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. 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 recreational use of the proposed dock in Mattituck Creek ( a Maritime area) is consistent with sub-policy 10.5 (b) (below). Provide and maintain efficient infrastructure for water-dependent uses. Maintain existing infrastructure and improve or provide new infrastructure, particularly in Mattituck Inlet and Creek, Mill Creek and the Village of Greenport, for commercial and recreational vessels and water-dependent uses. The Town of Southold will work with the federal govermnent, New York State, Suffolk County, the Village of Greenport and private owners of water-dependent uses to: 1. Maintain existing sound infrastructure for continued or potential future use by preventing loss through abandonment and neglect. 2. Demolish and remove alternative infrastructure which is likely to present hazards to harbor operations. 3. Maintain existing, and, where necessary for water-dependent uses, construct new, shoreline stabilization and engineering structures such as piers, wharves, jetties, and bulkheads. Maintain facilities to meet safety requirements associated with vessel operations. Maintain and provide for upland structures such as warehouses, off- loading yards, necessary adjacent upland areas, or other storage facilities. Maintain and, where necessary for existing water-dependent uses, improve landside infrastructure such as sewer and water lines, sexvage treatment facilities, parking areas, and roads for harbor uses. Promote the provision of appropriate vessel services for commercial and recreational vessels, including berthing, repairs, information, and fueling services. Maintain stabilized inlets at Mattituck Inlet and Silver Eel Pond Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written detem~ination regarding the consistency of the proposed action. Town of Southoid Ao INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM 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 Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 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). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supportin~ and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# ~o7 A copy of the LWP, P 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, all local libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION PROJECT NAME RONALD & MARIA SMITH The Application has been submitted to (check aoorooriate resnonse): I :-- ' TowaBoard [--] Planning Board [--] BnildingDept. [-'] Boar~!ol~t~::~ Category of Town of Southold agency action (check appropriate resh'o~l~'5! r 0EC 2 (a) Action undertaken directly by Town agency (e.g. capital i ~ ~ construction, planning activity, agency regulation land transact on) (b) Financial assistance (e.g. grant, loan, subsidy) i -- (c) Permit, approval, license, certification: ........ Nature and extent of action: CONSTRUCT A FIXED TIMBER DOCK, CONSISTING OF A 4' X 152' FIXED, ELEVATED, TIMBER CATWALK; 3' X 20' HINGED RAMP; AND 6' X 20' FLOAT SUPPORTED BY (2) 8" DIAMETER PILINGS, ALL AS DEPICTED ON THE PROJECT PLAN PREPARED BY EN-CONSULTANTS, INC. DATED DECEMBER 15, 2006. Location of action: 2105 WESTVIEW DRIVE, MATTITUCK Site acreage: 0.46 ACRES Present land use: RESIDENTIAL, ONE-FAMILY DWELLING Present zoning classification: R-40 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: RONALD & MARIA SMITH (b) Mailing address: P.O. BOX 887 MATTITUCK, NY 11952 (c) Telephone number: Area C0de201-767-2204 (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?. C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southoid that enhances community character, preserves open space, makes efficient use of infrastrneture, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ['"-]Yes ~ No ~ Not Applicable Attach additional sheets if necessary 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 Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~ Yes ~ No ~] Not Applicable THE PROJECT WILL BE CONSISTENT WITH POLICY 3, AS IT WILL BE LOCATED BETWEEN SIMILARLY CONSTRUCTED, ADJACENT DOCKS AND WILL BE CONSISTENT IN CHARACTER WITH THE GREATER WATER BODY AREA OF MATTITUCK CREEK, WHICH IS CHARACTERIZED BY A PLETHORA OF SIMILAR, FIXED TIMBER DOCKS. Attach additional sheets if necessary 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 Applicable Attach additional sheets if necessary 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 DOCK WILL BE CONSTRUCTED WITH NON-TREATED DECKING SO AS TO MINIMIZE ANY POTENTIAL WATER QUALITY IMPACTS ASSOCIATED WITH CCA OR OTHER TREATED TIMBER. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes [--'] No [---] Not Applicable DUE TO THE PRESENCE OF SIGNIFICANT NUMBERS OF ~DJACEi~/AND NEIGHBORING DOCK STRUCTURES, INSTALLATION OF THE PROPOSED DOCK WILL NOT CAUSE ANY "FRAGMENTATION OF ECOLOGICAL COMMUNITIES, "NOR WILL CONSTRUCTION OF THE DOCK RESULT IN THE PHYSICAL LOSS, DEGRADATION, OR FUNCTIONAL LOSS OF ECOLOGICAL COMPONENTS, AS THE DOCK WILL BE OF OPEN-PILE CONSTRUCTION AND BE ELEVATED 4' ABOVE GRADE OF VEGETATED MARSH, SO AS TO ALLOW FOR THE PERSISTENCE OF VEGETATION BENEATH IT. THE DOCK WILL BE CONSTRUCTED OF UNTREATED DECKING; THE RAMP AND FLOAT WILL BE REMOVED SEASONALLY; AND THE PROJECT AS A WHOLE WILL MEET THE STATUTORY & REGULATORY REQUIREMENTS OF ARTICLE 25 OF THE NYSDEC AND OF TOWN CODE CHAPTER 275, WETLANDS. 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. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~ Yes [~ No ~ 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 LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes ~ NoN Not Applicable AS THE SEAWARD END OF THE PROPOSED DOCK WOULD BE IN LINE WITH THE ADJACENT DOCK STRUCTURES, IT WILL NOT CREATE A HAZARD TO PUBLIC NAVIGATION; AND THE LANDWARD EXTENT OF THE DOCK 1S LIMITED SO AS TO MAINTAIN A SIGNIFICANT AREA FOR PEDESTRIAN PASS AND REPASS. THE DOCK WILL NOT OTHERWISE AFFECT THE GOALS OF POLICY 9. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote sitin~ of new water-deoendent uses in suitable locations. See LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. [~ Yes 71 No 71 Not Applicable FOR REASONS DESCRIBED ABOVE, THE PROPOSED DOCK WOULD NEITHER ALTER NOR ADVERSELY IMPAIR THE SURROUNDING COMMUNITY CHARACTER, WATER USE, OR SCENIC QUALITY OF THE SURROUND ENVIRONS OF MATTITUCK CREEK. Attach additional sheets if necessary Policy I1. Promote sustainable use of living marine resources in Long Island Sound, the Peconie Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [--] Yes [-'] No [5~ Not Applicable Attach additional sheets if necessaxy Policy 12. Protect agricultural lands in the Town of Sonthold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [--] Yes [--] No [~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate nsc and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ~--~ Yes ~ No [~ Not Applicable P~PA~DBY ~ ROBEKVr-~ TITLE COASTAL Me. MT SPECIALIST DATE~2q8/o6 Amended on 8/1/05 M a 6' x 20' FLOAT . '8" P'IL~ (TYP.> ttitu'¢k reek -4.4 0' RAMP +'?2' 4' x 152' FI~ED ELEVATED CATWALK -2.7 -1.4 ./ 40' EN-CONSUL,TANTS INC. 1319 NORTH SEA RD. SOUTHAMPTON, N.Y. 11968 631-283-6360 ?ROPO~P POCK FOR RONIAbP ANP /VV~IA SMITH ON MAflql%ICK CI~K, MAf1111JCK, SUtWObK COlI J~JY 3h~F. f lOP 2 12-1~-06 EN-CONSULTANTSINC. 13t9 NORTH SEA RD. SOUTHAMPTON, N.Y 11968 631-283-6360 PLANNING BOARD MEMBERS JERILY'N B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To~ PLANNING BOARD OFFICE TOWN OF SOUTHOLD James King, President Town of Southold Board of Trustees / Mark Terry, Principal Planner LWRP Coordinator Date: January 22, 2007 Re~ Request for Wetland Permit for Ronald and Maria Smith SCTM# 107-7-2 En-Consultants, Inc. on behalfofRONALD & MARIA SMITH requests a Wetland Permit to construct a fixed timber dock consisting of a 4'X 152' fixed, elevated, timber catwalk; 3'X 20' hinged ramp; and 6'X 20' float supported by (2) 8" dia. pilings. Located: 2105 Westview Dr., Mattituck. SCTM#107-7-2 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 (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 CONSISTENT with the below Policy Standards and therefore is CONSISTENT with the LWRP; provided that the proposed action meets sub-policies 6.3~ 9.4 and 10.5 {b) outlined below The LWRP recognizes that Mattituck Inlet and Creek is a regional Maritime Center. In addition the intent of Policy 10 is to protect existing water-dependent commercial, industrial, and recreational uses and to enhance the economic viability of water- dependent uses by ensuring adequate provision of infrastructure for water-dependent uses and their efficient operation. The term Water-dependent use means a business or other activity which can only be conducted in, on, over, or adjacent to a water body because such activity requires direct access to that water body, and which involves, as an integral part of such activity, the use &the water. Existing uses should be maintained and enhanced where possible and appropriate. 6.3 Protect and restore tidal and freshwater wetlands. 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 Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The applicant must demonstrate that the following dock standards pursuant 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 navigation or be located in areas of high vessel traffic or vessel congestion; [2] Whether the dock will unduly interfere with the public use of waterways for swimming, boating, fishing, shellfishing, waterskiing 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. It is recommended that the Board evaluate whether the proposed dock will "extend beyond the minimum necessary, for access to navigable waters" to meet sub-policy 9.4 below. 9.4 Assure public access to public trust lands and navigable waters. Provide access to, and reasonable recreational use of, navigable waters and public trust lands under water. 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. 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 thc following circumstances: a. when necessary for practical and convenient operation of water-dependent industry or commerce, and provided that obstruction of commemial 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 recreational use of the proposed dock in Mattituck Creek ( a Maritime area) is consistent with sub-policy 10.5 (b) (below). Provide and maintain efficient infrastructure for water-dependent uses. Maintain existing infrastructure and improve or provide new infrastructure, particularly in Mattituck Inlet and Creek, Mill Creek and the Village of Greenport, for commercial and recreational vessels and water-dependent uses. The Town of Southold will work with the federal government, New York State, Suffolk County, the Village of Greenport and private owners of water-dependent uses to: 1. Maintain existing sound infrastructure for continued or potential future use by preventing loss through abandonment and neglect. 2. Demolish and remove alternative infrastructure which is likely to present hazards to harbor operations. 3. Maintain existing, and, where necessary for water-dependent uses, construct new, shoreline stabilization and engineering structures such as piers, wharves, jetties, and bulkheads. Maintain facilities to meet safety requirements associated with vessel operations. Maintain and provide tbr upland structures such as warehouses, off'- loading yards, necessary adjacent upland areas, or other storage facilities. Maintain and, where necessary for existing water-dependent uses, improve landside infrastructure such as sewer and water lines, sewage treatment facilities, parking areas, and roads for harbor rises. Promote the provision of appropriate vessel services for commercial and recreational vessels, including berthing, repairs, information, and fueling services. Maintain stabilized inlets at Mattituck Inlet and Silver Eel Pond Figure I. Smith Parcel. 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: Kieran Corcoran, Assistant To~vn Attorney John Sepenoski, Chair, LWRP Coordinating Council