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Home My WebLink About1000-90.-1-2PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOVfNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD 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: Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: December 12, 2007 Re~ Proposed Permit to Wetland Permit for Shirley Kram SCTM# 1000-90-1-2 SHIRLEY KRAM requests an Amendment to Resolution dated March 22, 2006 to reconfigure the proposed docking facility. Located: 1275 West Cedar Point Dr., Southold. SCTM#90-1-2 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 denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. 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 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed dock was built without a Trustee permit and is in violation of § 275-16. Compliance requirements; penalties for offenses, item C. which states: "C. No new permits will be issued to any carter, owner, occupant, builder, architect, contractor or their agents if they are named as defendants in an outstanding or unresolved wetland violation." Pursuant to Chapter 275, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc. Lori I~[ulsc, Assistant Town Attorney LWRP CONSISTENCY ASSESSMENT FORM ~ A. INSTRUCTIONS ;: , ' ' ! N0V 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town df Southold Waterfront Consistency Review Law. This assessment is intended to : supplement other information used by a Town of $outhold agency in making determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. 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). 3. 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 Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION BENALI, LLC amendment to existing dock SCTM# 1000- 90-1-2 Cedar Point Drive West, Southold The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. Board of Trustees X 1. Category of Town of Southold agency action (check appropriate 1 6~n to07 response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) __ (b) Financial assistance (e.g. grant, loan, subsidy) __ (c) Permit, approval, license, certification: Nature and extent of action: extend approved 4' x 30' fixed dock and 3' x 14' hinge ramp, 6' x 20' floating dock with low profile 4' x 50' fixed dock with open grate decking, ladder (no ramp) and 6' x 15 float Location of action: Cedar Point Drive West, Southold Site acreage: .25 acre Present land use: dock, sun fish launch, gazebo and parking area Present zoning classification: r-40 2. 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: Benali, LLC (b) Mailing address: 11499 Bellagio Road, Los Angeles CA (c) Telephone number: Area Code ( ) c/o 765-4330 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes No X If yes, which state or federal agency: 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. XYes No Not Applicable Waterfront property wishes to maintain private dock which enhances waterfront property and provides recreational use of owners property. 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 X Not Applicable- no archeological remains residential property 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 X Yes No Not Applicable Property located on West Lake which maintains several docks. Plan is compatible with waterfront development on West Lake 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 X Yes No Not Applicable Minimum disturbance with waterfront. Access controlled by dock 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 X No Not Applicable X No sanitary 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. X Yes No Not Applicable minimum loss or impact to coastal habitats 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. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No X Not Applicable- no air quality issues 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 X Not Applicable- proposed dock no impact on solid waste 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. XYes No Not Applicable Proposed dock will promote use of waterfront 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. X Yes No Not Applicable proposed dock will promote use of private waterfront and open space 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. XYes No Not Applicable dock is designed to minimize impact on Peconic estuary 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 No X Not Applicable no agricultural land 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 X Not Applicable no energy consumption </div> PROPOSED PARKING AREA, PERVIOUS GRAVEL o,x o, 120' _ · LIMIT OF CLEARING PROPOSED GAZEBO ST.?RAGE SHED 7 X 14 OR OTHER SIZE-~...__ V 1' · LESS THAN 100 sq. ft. ~'~ I 1 I t FLOAT BY 2' WIDE LADDER ATDACH- ED TO DOCK. -~.0 ~ .... STREET ADDRESS OF PROJECT SITE: 1275 WEST CEDAR POINT DRIVE SOUTHOLD, NY 1197! HON. SHIRLEY KRAM UNITED STATES DISTRICT COURT 500 PEARL STREET NEW YORK, NY 10007 SIX STAKES PLACED, ,,' PROPOSED LAUNCHING RAIES / SPACED 3.5'+ X 27~ OVERALL; ~L BER LOCATIONS TYPICAL sHw ' .. DECKING AND 6" d. PILES lo. PROPOSED LOW-PROFILE FIXED DOCK 4' X 50' WITH OPEN GRATE -:2.41 ---'3.O. -:2.4- -.2.5, -2.5 CORPS OF ENGINEERS DATA PURPOSE: Construct fixed open walkway, hinged ramp and floating dock, and two-rail small craft launching ramp, for private recreational purpose?. DATUM: MLW IN: West Lake AT: Southold COUNTY: Suffolk STATE: New York ~WETLAND BOUNDARY BY R. FOX, 1/19/06 ~, LO AS PER TERMS ~D CONDITIONS SCALE: 1" = 20' PROJECT PLAN Application regarding the property of Shirley IG'am, SCTM # 1000-90-1-2 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 Jmnes E. Fitzgerald, Jr. 516-734-5800 Revised November 3, 2006 PROPOSED LOW-PROFILE FIXED DOCK 4' X 50' WITH OPEN GRATE DECKLNG AND 6" £ IAMETER PILES LANDWARD END OF LAUNCHING RAILS; RAILS 2X LUMBER ON EDGE SPACED 3.5'+ APART, OR FUNCTIONAL EQUIVALENT SEAWARD END OF LAUNCHING RAILS; 27' LONG OVERALL EDGE OF WETLANDS, BY R. FOX, 1/19/06 SPRIN(~ HIGH WATER EDGE OF BANK LADDER 2'-2.5' WIDE AFl'ACHED TO DOCK FOR ACCESS TO FLOAT FLOAT 5' X 10' SECURED AT END OF DOCK BY TWO 6" d, PILES OR 2" METAL PIPES. HIGH WATER -- L~"'W~A'T E R ALL DIMENSIONAL LUMBER, TIMBER AND PILING ARE OF CCA-TREATED WOOD. ALL HARDWARE IS GALVANIZED STEEL. · 6" DIAMETER PILES 11'+ ON CENTER SCALE: 1/8" = 1' ',S PER TERMS .JLJNDITIONs OF )ATE /,,/,~/,:~/.~(.~, CORPS OF ENGINEERS DATA PIJRPOSE: Construct fixed open walkway, hinged ramp and floating dock, and two-rail small craft launching romp for private recreational purposes. DATUM: MLW IN: West Lake AT: Southold COUNTY: Suffolk STATE: New York SECTION VIEW Application regarding the property of Shirley Kram, SCTM #1000-90-1-2,:_ Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 516-734-5800 Revised November 3, 2006 Map Ofr. LOt 134 'Cedar Beach Pare Filed Dec 20, 1927 as Map # 90 SC'I'# 100090-1-2 Situate: Bayview Town: Southold Suffolk County, NY Surveyed: 01-19-06 Amended: 01-24-06 Amended: 02-27-06 Datum: Low Water FE~ 1" = 30' N Cross Section 1" = 20' All hardHare ~alvanlzed Proposed Proposed Dock 4' x 30' All lumber from 6' wide 3.5' abv. gr. approved Iisi: mP"~_I [ IRamp ra 3'x 14'I ,Float, ........ ---~"~--N~L~/ ....... I I~ I 6x20 Proposed - ~ ...... . ...... HH Edge o,f ] ] [ [ .......... I 10'x 12' tNe~'[ands I /ed,3e I ..... -'"~- ................................ bq R. Fox b~nk ,~,~es I Ol-lq-08 10 ac PREPARED BY: SEA LEVEL MAPPING PO BOX # 538 RIVERHEAD, NY 631-722-3390