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Home My WebLink About1000-117.-5-24 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. 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 James King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: July 10, 2007 Re: Request for Wetland Permit for Shore Ends LLC SCTM# 1000-117-5-24 SHORE ENDS LLC requests a Wetland Permit to reconstruct 104 lf. bulkhead in place using vinyl sheathing; reconfigure docks, 176 sq. ft. new dock; place 38 cy. clean fill behind existing bulkhead from an upland source; and install a 10' non-turf buffer. Located: 6635 New Suffolk Rd., New Suffolk. SCTM#1 i7-5-24 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 CONSISTENT with the below Policy Standards and therefore is CONSISTENT with the LWRP; provided that the proposed action meets sub-policies 6.3 and 9.4 outlined below. 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 ~vhether 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 o~vners 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 ~vill "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 flee 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 under~vater lands is offset by sufficient public benefit, and (ii) obstruction of commercial navigation does not result. 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 in-kind replacement of existing timber bulkhead and returns and replacement of lost fill is an exempt Minor Action and not subiect to LWRP review pursuant to Chapter 268-3; Items B of the Town of Southold Town Code. "Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including u~ograding buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard Area (CEHA) law where structures may not be replaced, rehabilitated or reconstructed without a l~ermit". Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. MT/hkc Town of Southold INSTRUCTIONS I. LWRP CONSISTENCY ASSESSMENT FC All applicants for permits* including Town of Southold agenc ~s, shall c ,o~!e.te!'~s:"-"~CAFC :~>r proposed actions that are subject to the Town of Southold Waterfi'~ ' ' ~ ¢ '~ ~;' ~w aw. ds assessment is intended to supplemem other information used making a determination of consistency. *Except minor exerdpvacttons 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", 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 Southold's website (southoldtown.northfork.net), the Board of Trustees Office the local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# /]7 . JUN 2 6 2007 S0uthul~i Town The Application has been submitted to (check appropriate response): 60ard of Trustees Tovva Board [] Planning Dept. [-~ Building Dept. [] Board of Tnlstees [~ Category of Town of Southold agency action (cheek appropriate response): (a) Action undertaken directly by Town agency (e.g. capital consla'uction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Site acreage: Present land use: I~ g I 0 rc:j',~ '/'"'},~'/..,//1~ RP.- I/V',,'~' P . nt zonin cla., i c io.: 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: 5 b/'~ t~.~. (b) Mailing address: ~O (c) Telephone number: AreaCode ( ) ~21 ' "]3~ ~ ,.~'~L//d (d) Application number, if any:_ Will the action be directly undetlaken, require funding, or approval by a state or federal agency? Yes [~$o[-'] Ifyes, which state or federal agency? /VyS,~))~¢ 2/Vy~)0 5 u,.,q,q c,F__, 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 LWRP Section III - Policies; Page 2 for evaluation criteria. ~es ~-] 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 r'~ Yes [-~ No r"~'Not Applicable Attach additional sheets if necessary Policy 3. Enhance vL~_~! quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No ~/~ot Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. MinlmiT~e loss of life, structures, and natural resources from flooding and erosion. Sec LV(RP Sec~- Policies Pages 8 through 16 for evaluation criteria [] No ~-~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. Sec LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ~ Yes [] No [-- N~otNot Applicable Attach additional sheets if neeessary 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 111 - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [] No [~ot Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section IH - Policies Pages 32 through 34 for evaluation criteria. ~-~ Yes [] No [~ot Applicable Attach additional sheets if necessary Policy 8. l~inimiT~ environmental degradation in Town of Southoid from solid waste and hazardous substances and wastes. Sec 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 Southoid. Sec LWRP Section II! - Policies; Pages 38 through 46 for evaluation criteria. ~-~ Ye~ No [~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 LWRP Section III- Policies; Pages 47 through 56 for evaluation criteria. [~Yes ~ No ~'~ Not Applicable 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. ~-~ Yes ~ No ~Not Applicable Attach additional sheets if neeessmy Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section I11 -Polieies; Pages 62 through 65 for evaluation criteria. [] Yes ~-~ No ~oNot Applicable Attach additional sheets if neeessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ~-~ Yes ~ No ~Not Applicable Created on 5/25/05 11:20 AM Shore Ends LLC Bulkhead Reconstruction and Dock Reconfiguretion Southold Town LWRP Consistency Assessment Form Continuation Sheet 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 LWRP Section III - Policies; Page 2 for evaluation criteria. The proposed reconfiguration of the dock space will provide an additional berthing space for a small boat thus encouraging water depepdndent use in an existing location of maritime activity. Policy 2 Preserve historic resources of the Town of Southoid. There are no historical or archaeological artifacts in the vicinity of the area where construction will be undertaken. Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion. The project will reconstruct an erosion control structure that is an important component of the existing commercial marina use. Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. The project will protect and enhance water dependent use of School House Creek by facilitating small boat docking. 1000-117-5-24 Michael Withers PO Box 654 New Suffolk NY 11956 1000-117-5-29.1 New Suffolk Properties LLC 6775 New Suffotk Rd New Suffolk NY 11956 1000-117-5-27 Roberta Crupsey 376 Sanborn Rd Tilton NH 03276 1000-117-5-26 Corinne Doubleday PO Box 203 New Suffolk NY 11956 1000-117-5-25 Anna Badsic PO Box 154 New Suffolk NY 11956 1000-117-5-6 Paul Maffei 20 Cliff St Staten Island NY 10300 John Touhey 262 Garland PI Brooklyn NY 11215 Frederick Klein PO Box 302 New Suffolk NY 11956-0302 1000-117-5-51.1 Frederic Endermann PO Box 745 Cutchogue NY 11935 1000-117-5~.9.1 Katherine Tuthill 5 Timber Ln Fairport NY 14450 o o LOT 6 LOT 25 LOT 26 LOT 24 LOT 29.1 LOCATION MAP NO SCALE LOT 7 LOT 8 LOT 51.1 VICINITY MAP HAGSTROM SUFFOLK COUNTY ATLAS MAP 23 GRID K-39 JUN 2 6 2007 BULKHEAD REPLACEMENT SCHOOL HOUSE CREEK NEW SUFFOLK TOWN OF SOUTHOLD SHORE ENDS LLC DRAWN BY: CORWlN SHEET 1 OF 5 JUNE 4, 2007 REPLACE 104' BUU(HEAD )N PLACE. VINYL SHEETS INSTALL 4'x17' NEW DOCK REMOV~ 4'xl 1~ OLD DOCK INSTALL 5'x20' NEW DOCK INSTALL 4'x2' NEW DOCK RECONFIGURE 5'x72' DOCK TOTAL NEW DOCK 176 SF TOTAL REMOvE DOCK 4-4 SF CCA PILES. CC~ STRINGERS. FIR DECK (REUSE EXISTING WHERE POSSIBLE) FlU. CLEAN SAND FROM UPLAND 38 CUBIC YARDS GRAvEL ORIVE OEPTN IN FEET DATUM MLW 234.5' HOUSE SHORE END LLC 6635 NEW SUFFOLK RON) PO BOX 654 NEW SUFFOLK, NY 11956 REPL,~E BULKHEAD IN PLACE VINYL SHEETS 10' NON-TURF BUFFER NAIVE PLANTS EXISTING DOCK RECONFIGURE -- ALW AHW BU LKHE. AO UNE CONTIGUOUS BULKHEAD REPLACEMENT SCHOOL HOUSE CREEK NEW SUFFOLK TOWN OF SOUTHOLD SHORE ENDS LLC DRAWN BY: CORWIN SHEET 2 OF 5 JUNE 4, 2007 PLAN VIEW SCALE 1 "=4.0' 8"¢ CCA PILES 6' O.C. REUSE EXISTING AHW ALW 2~ --8"¢ x 14-' CCA PILES, 6' O.C. 10' 6"x6" CCA WALES 3/4" GALV. TIEROD 8"¢ x 6' CCA ANCHOR PILE --12' VINYL SHEETS, 4' PENETRATION CROSSVIEW BULKHEAD AND DOCK SCALE 1"=5' { AHW 2' tALW 3.5' VARIES CROSSVIEW DOCK CCA PILES SCALE 1"=5' CCA STRINGERS FIR DECK REUSE EXISTING WHERE POSSIBLE BULKHEAD REPLACEMENT SCHOOL HOUSE CREEK NEW SUFFOLK TOWN OF SOUTHOLD SHORE ENDS LLC DRAWN BY: CORWIN SHEET 3 OF 3 JUNE 4-, 2007