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Home My WebLink About1000-113.-6-9 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NYl1971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinato~ Principal Planner Date: October 12, 2007 Proposed Permit to Wetland Permit for CAROL KAFKA SCTM#1000-113-6-9 CAROL KAFKA requests a Wetland Permit to construct a 4'X 16' ramp up to a 4'X 60' fixed dock with a 32"X 24' seasonal aluminum ramp onto a 6'X 20' seasonal floating dock with a 4'X 4' access platform, and install 2 sets of two 8" dia. anchor pilings for float. Located: q50 Holbrook Lane, Mattituck. SCTM#113-6-9 The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the To~vn 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 ensurin~ 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 adiacent 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. 6.3 Protect and restore tidal and freshwater wetlands. A. 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 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The applicant must demonstrate that the followin~ 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 ~vaterway or the environment and whether alternate design, construction, and location of the dock will minimize cumulative impacts; and [I2] Whether adequate facilities are available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service. To meet sub-policy 9.4 below, it is recommended that the Board evaluate whether the proposed dock will "extend beyond the minimum necessary for access to navigable waters". 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). B. 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. 4. Maintain facilities to meet safety requirements associated with vessel operations. 5. Maintain and provide for upland structures such as warehouses, off-loading yards, necessary adjacent upland areas, or other storage facilities. 6. 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 uses. 7. Promote the provision of appropriate vessel services for commercial and recreational vessels, including berthing, repairs, information, and fueling services. 8. Maintain stabilized inlets at Mattituck Inlet and Silver Eel Pond Figure 1. Kafka 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. III II/ SFP 2. 2007 ILU_J/! A. INSTRUCTIONS ' I- ] ~ 1. , .All applicants for permits including Town of Southold agencies, shall cdl~l~l~taoatltis C(7/kF proposed actions that are subject to the Town of Southold VEat~rfi'0~i} Cbnsistency Review Law assessment is intended to supplement other information making a determination of' consistency. *Except minor exempt actions including Bu[/cimg and other ministeria] permits not located within the Coa~t~! Erosion ~ A re~. Before answenng 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 $outhold Waterfront Revitalization Program. A proposed action will be evaluated as to its beneficial and adverse effects upon the coastal area (which includes all of Southold If any question in Section C on this form is answered "yes", then the proposed action may ail'cci thc achievement of the LWRP policy standards and conditions contained in the consistency rexicw ktx~ Thus, the action should be analyzed in more detail and, if necessary, modified pno( to nl;/kin~ ~! determination that it is consistent to the maxiraum extent practicable with the L\VRP p~;licx standards and conditions. If an action cannot be certified as consistent with the L\V?,P polioi standards and conditions, it shall not be undertaken. copy of the LWRP is available in the following places: [~dye~t t~ southoldto~n.no~hfork.net), ~e Board of Trustees Offic libraries and the To~ Clerk's office ~. B. DESC~PTION OF SITE ~D PROPOSED ACTION The Application has been sub~tted to (check appropriate response): Tow. 1. Catego~ of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [] construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grantl loan, subsidy) (c) Permit, approval, license, certification: Nature and extent ofp. ction: Location of action:' 725'd7 ,f-~/~rF./~~' _~:,~[ Site acreage: . ~ If ~ apphcation for ~e propos~ ac~n h~ been filed ~i~ ~e Town of Southold agency, the following i~o~ation shal b~ pro~ded: (c) Telephone nmber: M= Code ( ) q% - q~ -/a~DG (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 °r federal agency?'/V)~/~h~rT', 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 additmnal 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 Attach addihonal 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 [] NotApplicable~ 'fi'~,,a<;~ ~ ~9~~t '/7~/_~(7/ 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 16for 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 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 ~ 1No ~-] Not Applicable /, 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. [] Yes [] No7 Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and h.azardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. RYes [--] No~ Not Applicabt~/~ 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 [--~ 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. eyes RNo~]NotApplieable~ Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, ,the Pecouic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~ Yes ~ No [] Not Applicable --- Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [--] 1No~ Not Applicable---7..3 Attach additional sheets if necessary 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 To: Proposal: September 13, 2007 Southold Town Trustees and Hark Terry Construct a 4'x16' ramp up to a 4'x60' fixed dock with a 32"x24' seasonal aluminum ramp onto a 6'x20' seasonal floating dock with a 4'x4' access platform. Install two sets of two 8" diameter anchor pilings for float. DEVELOPED Policy 1 COAST POLICTES Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes emcient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. Our proposal is consistent with this policy in that it a dock structure that will be utilized by the property owner to access his boat in order to access larger bodies of water. Our proposal makes beneficial use of this waterfront location. Waterfront property is the only appropriate location for a dock. The addition of this structure will not increase adverse effects on development. Policy 2 Preserve historic resources of the Town of Southold. This project location has no significant historic resources. Policy 3 Enhance visual quality and pro'o~ scenic resources throughout the Town of Southold. Our proposal will not have a negative impact on the visual quality or scenic resources. Any disturbance to the indigenous vegetation during the initial construction is expected to re-establish its self within a season's time. The size of our dock structure is appropriate for this area. We are proposing a small 4' wide structure to access deep water then place a 6'x20' seasonal float to service a small boat. NATURAL COAST POLTCZES Policy 4 Minimize less of life, structures, and natural resources from flooding and erosion. Our proposal has no impacts on the flooding or erosion of natural resources. Policy 5 Protect and improve water quality and supply in the Town of Southold. Our proposal will not have any impact of the water quality or supply in the Town of Southold. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosystem. Our proposed dock facility will have minimal effects on the ecosystem. Dudng the initial construction there will be a disturbance to the ecosystem but this area will easily re-establish itself within one season. We have submitted application to all other governing agencies (DEC, ACOE, DOS) and we will adhere to any special conditions placed on this project in order to protect the wetlands on this site. Policy 7 Protect and improve air quality in the Town of Southold. Our proposal will not have any impact on the air quality in the Town of Southoid. Policy 8 Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. Our proposal will not influence the environmental degradation in the Town of Southold from solid waster and hazardous substances and wastes. PUBLIC COAST POLZCt'ES Policy 9 Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. Our proposal will give the property owner the ability the access his boats and engage in the recreational use of coastal waters. The dock will not inhibit others ability to access these same waters. LWRP for Kafka WORIC[NG COAST POLZCXES Policy 10 Protect the Town of Southoid's water-dependent uses and promote siUng of new water- dependent uses in suitable locations. This is a waterfront piece of property. With the addition of this dock facility the property owner will be able to access his boat to engage in water-dependent activities such as kayaking, fishing, site seeing, water-skiing and swimming. Policy Promote sustainable use of living marine resources in the Town of Southold. Our proposal is minimal in size so there won't be much impact on the living marine resources. The dock will be only be 4' wide minimizing the shading of the existing vegetation, The structure will also be constructed a minimum of 3 1/2 feet over grade allowing for significant sunlight penetration, With adequate sunlight penetration, the wetlands will continue to thrive allowing them to maintain their function of providing food and shelter for small fish. Policy 12 Protect agricultural lands in the Town of Southold. Our proposal will not have any impact on agricultural lands in the Town of Southold. Policy 13 Promote appropriate use and development of energy and mineral resources. Our proposal will not have any impact on the development of energy and mineral resources. 0 ~ U I i I ' I I I I I ~ I I