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Home My WebLink About1000-118.-1-1.2 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. 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: August 10, 2007 Re~ Request for Wetland Permit for docking facility SCTM# 118-1-1.2 JIM & EILEEN KASSCHAU requests a Wetland Permit to construct a 4'X 41' elevated fixed dock, 3'X 12' ramp and a 6'X 20' float to be secured by two piles. Located: 5800 Vanston Rd., Cutchogue. SCTM# 118-1-1.2 The proposed ramp, dock, and float have 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 generally INCONSISTENT with the below Policy Standards and therefore is INCONSISTENT with the LWRP; The applicant HAS NOT demonstrated that the action 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 proposed action does not comply with § 275-11. Construction and operation standards. Section (C2) item (c). "(c) Regulations for the placement and configuration of docking facilities. [1] Residential docks. [Amended 10-11-2005 by L.L. No. 17-2005] Ia] Only one dock or mooring is permitted per residential lot." The proposed action will construct a dock structure on SCTM# 118-1-1.3. The parcel contains an existing dock. Figure 1. Property showing existing dock. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action, 'Towl~ of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfiront 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 Building Permits and other ministerial permits not located within Before answering the questions in Section C, the p~parer minor action list, policies and explanations of each policy Waterfront Revitalization Program. A proposed beneficial and adverse effects upon the coastal area ~ form should review the exempt the Town of Southold Local be evaluated as to its sismificant )f Southold Town). If any question in Section C on this form is then the proposed action may affect the achievement of the LWRP policy standards and c contained in the consistency review law. Thus, the action should be analyzed in more C and, if necessmy, modified prior to making a determination that it is consistent to the extent practicable with the LWRP policy standards and conditions. If an action be certified as consistent with the LWRP policy A copy of the LWRP is available in I website, local libraries and the the Board of Trustees 0 B. DESCRIPTION OF SITE AND SCTMg 1000 118-01_-1 .2 The Application has been submitted to Town Board ~ Planning Dept. following places: online at the Town of Southold's / JUL 31 2007 I Southold Town Board of Trustees Building Dept. ~-~ Board of Trustees ~ 1. Category of Town of Southold a (a) (c) constmction~xlanning a Financial assis~ce ~ Permit, approval, }~ , by Town agency (e.g. capital agency regulation, land transaction) · grant, loan, subsidy) certification: Nature and extent of action: Applicant proposes to construct a 4' x 41' elevated fixed dock, 3'x 12' ramp and 6'x 20' float to be secured by two piles. Location of action: Site acreage:. Present land use: single Present zoning classification: 5800 Vanston Road~ Cutchoque family dwelling R- If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: Jim & E±leen Kasschau Co) Mailing address: 162 DeMott Avenue, Rockville Centre, NY 11570 (c) Telephone number: Area C%~(). 678-0855 (d) Application number, if any: unknown Will the action be directly unde~aken, require funding, or _appmv_al by a state or federal agency? Yes IX I- No~-~ Ifyes, which state or federal agency?. NYSDEC,NYSDOS & USDOA 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. [~..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. Sec LW7 Section III - Policies Pages 6 through 7 for evaluation criteria ~Yes [] No [] Not Applicahle Attach additional sheets if necessa~ NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. Sec LWRP Se. ctio/n III - Policies Pages 8 through 16 for evaluation criteria t_~ Yes [] No [] Not Applicable Attach additional sheets if necessary Polic.y 5. Protect and improve water qu .a~i.'ty an.d s.upply in the Town of Southold. See LWRP Section II1 - PoliCes Pages 16 through 21 for evaluation criteria ~ Yes [] No ~-~ Not Applicable 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 thigh 32 for evaluation criteriT. ~Yes [] No ~ Not Applicahle Aimch 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/~Vvaluation criteria. [] Yes ~ No~/~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in .Town of Southoid from solid waste and hazardous s~/~nces and wastes. See LWRP Section IH - Policies; Pages 34 through 38 for evaluation criteria. I ~x~Yes R No ~ Not Applicable-- PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public re.sources of the Town of Southold. See LWRP Section III - 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 S~yee locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. s [] No [] Not Applicable- Attach additional sheets if necessary Polic~/11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic E~and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteritc ~-~Yes ~-~ NO ~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agri .c~.ltura! la.nds in the Town of Southold. See LWRP Section III - Policies; Pages 62~through~65 formation c~iterm. i'iyes ~ I No_V%[NotApplicable Attach additional sheets ffncccssary Policy 13. Promote ~ppropriate use and development of energy and mineral resources. Sec LWRP Section III - Polic~fi/Pages 65 ihrough 68 for evaluation criteria. ~-~ Yes ['-] No I_~ Not Applicable Created on 5/25/05 11:20 AM Applicant: Jim & Eileen Kasschau Location: 5800 Vanston Road, Cutchogue S.C.T.M.No. I000-118-01-1.2 The project consists of the applicant's proposal to construct a 4'x 41' elevated fixed dock, 3'x 12' ramp and a 6'x 20' float to be secured by two piles as per enclosed plans. As part of my review of the Town's LWRP Consistency Form Section C, I offer the following comments regarding the Local Waterfront Revitalization Policies and this proposed project: Policy 1. The project activities shall be "concentrated" on a site where similar activities (ie. bulkhead and boathouse construction) currently exist. The project does not involve agricultural land nor will open space be utilized or impacted. The project as proposed shall not result in negative impact upon the desired development pattern of the Town of Southold nor shall it result in the loss of the community or landscape pattern of the Town ofSouthold. I believe that this project is consistent with this policy. Policy 2. I believe that this project is consistent with this policy because the project shall not have any impacts upon the preservation and retention of historic resources, or any archeological resources nor the Coastal Culture of the Peconic Bays. Policy 3. I believe that this project is consistent with this policy since the project will not have an impact on any scenic resource of the Town of Southold. Policy 4. I feel that the project is consistent with this policy for a number of reasons. The proposed docking facility has been designed based upon sound engineering practices and designed to the minimum scale necessary. The project shall have no adverse impacts upon adjacent properties or to natural coastal processes or natural resources. The project shall have no impact on any natural protective features nor shall it have any impacts upon public lands or lands in public trust. Lastly, the project does not involve the management of a navigational infrastructure nor are public funds involved with the project. Policy 5. I feel that the proposed project is consistent with this policy for a number of reasons. The project does not involve any direct or indirect discharges that would cause any negative impacts upon water quality standards. There shall be no increase or decrease in the pH, the dissolved oxygen or nutrients in the waterway and there should be no increase in noxious odors at the project site. There shall be no increase in negative health impacts such as pathogens, chemical contaminants or toxicity nor shall there be any negative aesthetic factors involved with the project. The project does not involve watershed development or the quantity or quality of potable water. Policy 6. I feel that the project is consistent with this policy. The project as proposed shall have no impact upon the ecological quality in the Town of Southold. There shall be no negative impacts upon the adjacent area of tidal wetlands by the destruction of habitat or significant impairment to the tolerance range of any species offish or wildlife. The project should have no impact upon any vulnerable fish, wildlife, plant species or rare ecological communities. Policy 7. I do not feel that this policy is applicable to this project since the project does not involve any atmospheric deposition of pollutants. Policy 8. I believe that the project is consistent with this policy. The project shall not involve the disposal of solid waste or debris There are no hazardous waste or toxic pollutants involved with the project. Policy 9. I do not feel that this policy is applicable to this project. The proposed project shall have no impact upon adequate physical public access to coastal r~ources, shall not impact any public visual access to any lands or waters, involve the public interest in and use of lands and waters held in public trust or to public access of such areas. Nor will the project have impacts upon the public's right of access along the shoreline Policy 10. I feel that the project is consistent with this policy. The project shall have no impacts upon any existing water-dependent commercial, industrial or recreational uses of the Peconic Bays. Nor is the project located on Mill Creek or within the Village of Greenport and does not involve water-dependent uses at those sites. Policy 11. I feel that the project is consistent with this policy. The project does not involve aquaculture or the removal of shellfish from uncertified waters of the Town of Southold nor shall it have a negative impact upon the long-term maintenance and health of living resources. Policy 12. I do not feel that this policy is applicable to the project because no agricultural lands are involved. Policy 13. I do not feel that this policy is applicable to the project since the project does not involve energy or mineral resources. Applicant proposes to construct a 4'x 41' elevated fixed dock, 3'x 12' ramp and 6'x 20' float to be secured by two piles. At Wunneweta Pond, Cutchogue, Town of Southold, Suffolk County, New York. *Depths, TWL, AHW & ALW located by G Just 16 July '07 Low Tide Applicant: Jim & Eileen Kasschau Location: 5800 Vanston Road, Cutchogue Purpose: Private recreational docking Datum: Apparent Low Water S.C.T.M.No. 1000-118-01-1.2 Locus: 41000'05 72~26'58 PROP, 4'x41/FIXED DOCK \ PROP, p3/y, 12 / RAM PROP,.. 6 "~20 FLOAT AHW*2 AL'C/ 0 T V -'~ PROP, PROR 6/>, FLOA T FRONTAGI Applicant: Jim & Eileen Kasschau Location: 5800 Vanston Road, Cutchogue Propose: Private recreational docking Datum: Apparent Low Water S.C.TM.No. 1000-118-01-1.2 Locus: 41°00'05 72°26'58 Applicant proposes to construct a 4'x 41' elevated fixed dock, 3'x 12' ramp and 6'x 20' float to be secured by two piles. At Wunneweta Pond, Cutchogue, Town of Southold, Suffolk County,