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Home My WebLink About1000-90.-4-6 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (col Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: James King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: May 4, 2007 Request for Wetland Permit for ANTHONY GRAZIANO SCTM# 90-4-6 NOTE THAT THE APPLICANT FAILS TO PROVIDE WATER DEPTHS TO ESTABLISH THE NEED OF THE PROPOSED ACTION. DUE TO THE WIDTH OF THE CHANNEL, NAVIGABLE WATERS IN THE CHANNEL IS SEVERLEY LIMITED. THE DOCK MAY IMPEDE NAVIGATION OF VESSELS ENTERING AND EXITING THE-CHANNEL. The action is located in Cedar Beach Creek, a NYSDEC Critical Environmental Area and a NYS Significant Coastal Fish and Wildlife Habitat Area. ANTHONY GRAZIANO requests a Wetland Permit to widen the existing catwalk at the seaward end, move position of floating dock slightly to deeper water and replace the rotting boards on the catwalk. Located: 915 Lakeside Dr. North, Southold. SCTM#90-4-6 The proposed action has been reviewed to Chapter 268, 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 INCONSISTENT with the below Policy Standards and therefore is INCONSISTENT with the LWRP. The applicant must demonstrate to the Board that the action fully meets the below policies; · 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 has not demonstrated that the following proposed action meets the dock standards pursuant to § 275-11. Construction and operation standards. (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. 9.4 Assure public access to public trust lands and navigable waters. A. Provide free and substantially unobstructed passage along public trust shorelands. 3. Obstruction of navigable waters and underwater lands is limited: 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 adiacent waters, (v) the traditional means of access used by surrounding similar uses, (vi) whether or not alternative means to gain access are available. by extent and characteristics of the developable adjacent upland area and its ability to support in-water development for the water-dependent use. by potential adverse effects on natural resources and their uses, an~d by potential adverse effects on public safety. 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. The proposed action will obstruct public use for navigation, recreation, and other public trust purposes within the immediate vicinity of the dock structure. 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) essential public transpoi~ation and transmission fhcitities. The proposed use is prixate and not proposed fnr water dependent industry or commerce~ commercial or public access/use. Therefore the proposed action does not meet the ahove sub-policy. The proposed increased width of the cam'alk is 7.5 feet; Residential catwalks and ramps are limited to 4 feet in width pursuant to. Chapter 275-11~ Construction Standards, In Water, Docks C~ (2) (c) (1} (h}. In addition pursuant to Chapter 275-1L A~(7) Critical Environmental Areas. At the discretion of the Board of Trustees~ any operations proposed in critical environmental areas (§ 275-2) may be subiect to more stringent requirements than detailed in this section. Such requirements may include~ but are not limited t% denial of certain operations~ shortening or reducing the size ofstructures~ and increasing the width of non-disturbance buffers. Pursuant to Chapter 268, lhe Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. A. INSTRUCTIONS LWRP CONSISTENCY ~NT FOR All applic~ai~ for permits* includin~ Town of Southold age~i~ shall ¢om~k~ ~ CCAF pmposeda~ionsth~a~esubjectto~heTownofSoutholdWai~ ~'~-' ' ' '~ ~'~'~ -- ~-,~.~o~.v r~v~w Law. ]~h~ makin~ a detennimtion of comistcncy. *Ercept m/nor exempt ~ct/ons/nc/ud/ng and other mtnister~ai perm~ not located within the Coastal E~x~on Hmard ~. If my question in Seclioo C on this form is ansmmxi ~yes" or'no", fl~n lhe proposed action will affect the w. hieve~ment office LWRP l~olicy s~ndards ~md conditions, it .~hall not be A copy of the LWRP is available in the following places: ~ at the Tow~ of Southold · s The Application bs,, been submitted to (check appropriate response): TownBom-d ~-] Plmmi~BoardN BuiMi~gDept. N Bo~rdofTr~:e~ ~-~ 1. ~ of Town of Southold agency ~fion (check (a) Action ~ dk~cfly by Town ~e~y (e.g. c~pi~al constrtiction, p~aml,g activity, agoncy iq~,ulation, land transs~on) (b) Fimmcial assist~ce (e.g. grant, 1o,~, subsidy) (c) Permit, ~0roval, license, certification: Nature and c0Oent of action: Locaaon ofa o ( · ~ zordn~o glesaifigfltion:~ ff an application for tl~ prapa~d a~tion Ires been filed with the Town of Somhold agency, the following information .qh~ll b~ provided: (d) Appli~lion numbe~, if any:. Will the action be directly undertaken, r~lUire funding, or approval by a state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or ~not sup.lmrt the polici .e~.~ Provide aH proposed Best Management Practices that will further each policy. ancompiete answers will require that the form be returned for completion. DEVEI~)PED CO~T I'OLICY Policy 1. Foster a pattern of deve?pment in the Town of Southold that enhances commu ' ch p .res. erves open space, mak~ efficient use ofinfrastru~ .... ~._ L___~ · . _ .hi?. a..racter, mm~m~S ,~.] ...... ~ ....... ~'"~.' ~ ',,,~, m:n~HCim use ola coastal lOCation, and criteria. -u--.~--~i nevelopmenL ~ee LWRP Section m-Policies; Page2 for evaluation' []Yes n~ No [~Not~--~/Applieable AUach additional ahm~t~ ffnec~mary _P_01iey 2. P.roteet and ?.reserve historic and of the Town of Southold. See for evaluation eriterm LWRP Section Hi _~ag_es 3 through 6 archaeological reso.uress r-] yes [--] No ~ Not Applicable L: Attach additional sheets ffnecessary Policy 3. Enh~nee visual quality and proteet searle resources throughout fl~ Town o! ~outhoM. See LWRP Seetion []- Polie~s Pages 6 through 7 for evalution criteria [-"] Yes [-'] No [~Not Applkable NATURAL COA~ST POLICIES Policy 4. ~ loss of Rfc, alruetur~s, and natural resources from flooding and erosion. See LWRP Seetion ~I - ~olieh~ 8 thro.ugh 16 for evahaflan criteria [--i Yes [---] No z.~ Not Applicable Policy 5. Proteet and improve water quality and supply in the Town of SouthoM. See LWRP ~etion IH - Policies Pages 16 through 21 for evaluation criteria ["-] Yes [--] No [~Not Applicable ~t~.oli.cy_ 6..~oteet and restore ~e quality and function of the Town of $outhold eeosystems ineludin ~nmeant ~onstal Fish auld Wildlife Habitats and wetlands. See LWRP e-~-'~-- m .,_.__- . - rough 32 for evaluatio/criteria. ,..~.,~,u m - four, es, rages · Yes No Not Applicable At~ach additional ~ ifne~e~ary Policy 7. Protect and improve air quality in the Town of Southold. See LW'RP Section 111- Policies Pages 32 through 34 for evaluation criteria. Policy 8. Minimize environmental degradation in Town of Sou*old from solid waste and hazardous substanees and w~See LWRP Section 11I- Policies; Pages 34 *rough 38 for evaluation criteria. ~-~ Yes ~-J No;~y] Not Applicable-- PUBLIC COAti' POLICIES Policy 9. Provide for public access to, and recreational use of, eoastal waters, public lands, and public resources of the Town of criteria. / Sou*old. See LWRP Section Ill- Policies; Pages 38 *rough 46 for evaluation ~ Y~e~ No~/k~l ~lot Applicable-- ~"~h additional sho~s if n~sary w~RKING'COAST POLICIES Policy 10. Protect Southoid's;~ater-dependent uses and promote sifin~ of new water-depmdmt uses in suitable locations__See L~RP Section III~ Policies; Pages 4'7 through ~6 for evaluation ctiter~ ~-~ Yes ~-~ Nor--~/i -,F'Not Applicable Attach additional sheets ffnecessary Policy 11. Promote sustainable use of living marine resources in Long Island Somnd, the Peconic Estuary and Town~_~ See.LWRP Section 111 - Policies; Pages 57 through ~2 for evaluation criteria. [] ¥~ ~-] No r_~ Sot Applicable Attach addit/o~l shoe~ if m~s~ary Policy 12. Proteet agrieuimral lands in the Town of SouthoM. See LWRP Section III- Policies; Pages 62 thr°ugh 65 for~_Tfion :teria. Yes [] NoL~-J Not Applieable Aflach addi~i,u,~al ~ ifn~y Policy 13. Pro.mote appropriate use and devdopment of energy Section ili - PoliCes 65 through 68 for evaluation criteria, and mineral i~som-~s. Se~ LV~RP ~-~ Yes [-'-] No I~1 Not Appn~ble ~VC£ ~.COAR$£ SAI~ ?7. O' LOT 7,:7 LOT 72 2 STORY WOOD LO? 6 TM~ 1000- 090- 04- OE AREA.~ 43,9`56.,:77E SF 'OR 1.009 ACRES $2 I~'TLAND$ OELINt,, 98-78 S 49' 49' 78-77 S 4,.E,' 18' 27". '77-72 S `54' 11' 72-74 $ 71'~.4' 24' 74-69 N 89' 26' 52" 69-67 N ,72' 00' 26" 85-63 N aO' t,..,e' 63-61 N. 62' `57' 17" ,$l--59 N 20' OE' O,:,T" ;59--5,6 N 00' 09' $$--4`5 N O$' 4.8' J2" ~ 45--,16 ~V 00' 49' I0" E ~16-97 N 25' 40' `58" ONLy; //?/.Z' c L~ N/F MELL Y' LOT 72 N 29"38'50"W · .,,'~:~ ovz~ LOT 73 ~, 2STORY RESIDENCE N 83° 38, ~1,,14/ 337' FOOD P/O LOT 7'4